Terms of Service

Acceptance of these Terms

By accessing or using vantway.com or any service we provide, you agree to these Terms. If you do not agree, please do not use the site or our services. If you are using vantway.com on behalf of a company, you represent that you have authority to bind that company to these Terms.

Who we are

Vantway is the trade name of HB Creative Inc., a Connecticut corporation. We provide consulting and implementation services across automation, growth, and web for small and mid-sized organizations. We are not a software-as-a-service provider, a managed service provider, or a regulated professional services firm (such as a law firm, accounting firm, or registered investment adviser).

Website use

You may browse vantway.com, read our content, and contact us through the forms we provide, for any lawful purpose. You agree not to:

• Use the site in any way that violates applicable law or these Terms.
• Attempt to gain unauthorized access to any part of the site or its underlying systems.
• Scrape, harvest, or copy substantial portions of the site for republication or commercial use without our written permission.
• Interfere with the operation of the site, introduce malware, or attempt to disrupt other users' access.
• Submit false, misleading, or impersonating information through any form.

We may suspend or terminate access for anyone who violates these rules, without prior notice.

Engagements and proposals

Submitting a contact form does not create an engagement. We become engaged only when both parties sign a written proposal, statement of work, or engagement letter (each, an "SOW") describing the scope, deliverables, schedule, and fees.

Estimates, indicative pricing, and timelines shared during sales conversations are not binding until reflected in a signed SOW. Either party may walk away before signature without obligation.

Each SOW is its own agreement, incorporates these Terms by reference, and controls if there is any conflict between the two.

Fees and payment

Fees are set in the applicable SOW. Unless the SOW says otherwise:

• Invoices are issued through our payment processor (currently Stripe) and are payable within 15 days of receipt.
• Fixed-fee engagements are billed in stages tied to deliverables; retainer engagements are billed monthly in advance.
• Out-of-pocket expenses (third-party tool licenses, travel, etc.) are passed through at cost when the SOW provides for them.
• Late balances accrue interest at 1.5% per month or the maximum allowed by law, whichever is lower, and we may pause work on unpaid accounts.
• Fees are exclusive of taxes; the client is responsible for any applicable sales, use, VAT, or similar taxes.
• Fees are non-refundable once the underlying work has been performed, except where stated in the SOW.

Confidentiality

Each party may receive information from the other that is confidential or proprietary ("Confidential Information"). The receiving party will use Confidential Information only to perform under the engagement, protect it with at least the same care it uses for its own confidential information (and no less than reasonable care), and not disclose it to third parties except to its employees, contractors, and advisors who need it and are bound by similar obligations.

Confidential Information does not include information that is or becomes publicly available without breach of these Terms, was rightfully known before disclosure, is independently developed, or is rightfully received from a third party without confidentiality restrictions.

Either party may disclose Confidential Information when required by law, provided it gives prompt notice (where lawful) so the other party can seek a protective order.

Intellectual property

Our materials. Vantway owns all rights in vantway.com, our methodologies, frameworks, templates, training materials, and pre-existing tools, including any improvements developed independently of an engagement. Nothing in these Terms transfers those rights.

Deliverables. Each SOW will specify what is delivered to the client and the license or ownership terms for those deliverables. Unless the SOW states otherwise, on full payment we assign to the client the work product specifically created for the engagement, while retaining ownership of any pre-existing or general-purpose components used to build it. We also retain a perpetual right to use the underlying skills, knowledge, and generalized learnings gained during the engagement.

Feedback. If you give us suggestions about our services or content, you grant us a non-exclusive, royalty-free, perpetual license to use that feedback without restriction.

Trademarks. "Vantway" and the Vantway logo are trademarks of HB Creative Inc.. Do not use them without written permission.

Client responsibilities

Our work depends on timely cooperation. During an engagement, the client agrees to:

• Provide accurate, complete information about its business, systems, and goals.
• Make decision-makers reasonably available for working sessions, reviews, and approvals.
• Obtain any internal approvals, licenses, or third-party consents required for the work.
• Ensure that any data shared with us may lawfully be shared and processed for the purposes of the engagement.
• Test deliverables in a non-production environment before relying on them in production.

If client delays or missing information push the schedule, we may adjust timelines and fees accordingly.

Third-party tools and AI output

Our work frequently involves third-party platforms (such as OpenAI, Anthropic, Zapier, n8n, Make, Airtable, Google Workspace, and others). Those platforms are governed by their own terms, and we cannot guarantee their availability, pricing, output quality, or continued operation. The client is responsible for accepting and complying with the terms of any third-party platform it uses.

AI-generated output can be inaccurate, incomplete, or biased. We design workflows that aim to mitigate this, but the client is responsible for human review of AI output before it is used in any consequential decision, customer-facing communication, regulated workflow, or legally significant action. Vantway is not liable for losses arising from unreviewed reliance on AI output.

Warranties and disclaimers

We will perform our services in a professional, workmanlike manner consistent with industry standards. That is our only warranty.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, VANTWAY.COM AND OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the site or any deliverable will be uninterrupted, error-free, or that it will meet specific business outcomes such as revenue, savings, or hiring decisions.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility.
• Each party's total aggregate liability arising out of or related to these Terms or an engagement will not exceed the fees actually paid (or, for engagements that have not yet started, the fees committed) to Vantway under the SOW giving rise to the claim during the twelve months immediately preceding the event giving rise to liability, or one thousand US dollars (US$1,000) for non-paying website users, whichever is less in your case.

These limits do not apply to a party's indemnification obligations, breach of confidentiality, infringement of the other party's intellectual property, or liability that cannot be limited under applicable law.

Indemnification

The client will defend, indemnify, and hold harmless Vantway and its affiliates, owners, employees, and contractors from any third-party claims, damages, and reasonable attorneys' fees arising out of: (a) data, content, or instructions the client provides to us; (b) the client's use of any deliverable in a manner inconsistent with the SOW or applicable law; or (c) the client's violation of any third-party rights or applicable law in connection with the engagement.

Vantway will defend, indemnify, and hold harmless the client from third-party claims that our deliverables, as delivered and used as intended in the SOW, infringe a US copyright or trademark, provided the client promptly notifies us, gives us sole control of the defense, and reasonably cooperates. This is our sole obligation, and the client's sole remedy, for any infringement claim.

Term and termination

These Terms apply for as long as you use vantway.com. Either party may terminate an engagement for material breach if the other party fails to cure the breach within 15 days of written notice. Either party may terminate a non-fixed-fee engagement for convenience on 30 days' written notice, in which case the client pays for work performed and non-cancellable commitments incurred through the effective date of termination.

Sections that by their nature should survive (including Confidentiality, Intellectual Property, Warranties and Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Provisions) will survive termination.

Governing law and disputes

These Terms are governed by the laws of the State of Connecticut, USA, without regard to its conflict-of-laws rules. The parties first will try to resolve any dispute through good-faith discussion. If that fails after 30 days, the dispute will be resolved exclusively in the state or federal courts located in Connecticut, and both parties consent to personal jurisdiction and venue there. Each party waives any right to a jury trial.

Neither party may bring or participate in any class, collective, or representative action against the other. To the extent permitted by law, any claim must be brought within one year after the cause of action accrues, or be permanently barred.

Changes to these Terms

We may update these Terms from time to time by posting a revised version on this page and updating the "Last updated" date. If we make material changes, we will provide reasonable notice (for example, an email to engaged clients or a notice on the site) before the change takes effect. Continued use of vantway.com or ongoing engagements after the effective date constitutes acceptance of the updated Terms.

General provisions

Independent contractor. Vantway is an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

No third-party beneficiaries. These Terms are for the benefit of you and Vantway only.

Assignment. You may not assign these Terms or any SOW without our prior written consent. We may assign in connection with a merger, acquisition, or sale of substantially all of our assets.

Notices. Legal notices to Vantway must be sent to hello@vantway.com. We will send notices to you at the email address on your account or last used in correspondence.

Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control (natural disaster, war, civil unrest, government action, internet or major cloud provider outage, pandemic, labor disruption).

Severability. If any provision is found unenforceable, the rest of these Terms remain in effect, and the unenforceable provision will be reformed to the minimum extent needed to make it enforceable.

Waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.

Entire agreement. These Terms, together with any signed SOW, our Privacy Policy, and our Cookie Preferences, are the entire agreement between you and Vantway regarding their subject matter and supersede all prior discussions and agreements on that subject.

Contact

Questions about these Terms? Get in touch.