DRINC Terms & Conditions

These Terms & Conditions ("Terms") govern the consulting services provided by DRINC Consulting ("DRINC," "we," "us") to you ("Client," "you"). By engaging our services, you agree to be bound by these Terms, which form a binding contract. Contact us at info@drincconsulting.com with questions.

1. Services

DRINC provides Food & Beverage consulting services, including regulatory compliance, operations, and supply chain optimization, as specified in a signed agreement ("Agreement"). We will:

  • Perform services with reasonable care, relying on information you provide.

  • Deliver guidance, not guarantees of outcomes (e.g., regulatory approvals).

  • Communicate progress per the Agreement’s schedule.

Services are provided "as-is," with no warranties, express or implied, including for merchantability or fitness for a particular purpose.

2. Client Responsibilities

You agree to:

  • Provide accurate, complete, and timely information (e.g., licensing data, sales records).

  • Cooperate fully, including prompt decision-making and approvals.

  • Pay fees as outlined in the Agreement.

  • Indemnify DRINC against claims arising from your inaccurate or incomplete data.

3. Fees and Payment

Fees are based on the Agreement (project-based or hourly). Terms include:

  • Invoices issued per the Agreement schedule, payable within 15 days.

  • Late payments accrue interest at 1.5% per month or the maximum legal rate.

  • You are responsible for taxes, except those on DRINC’s income.

  • Non-payment may suspend services without liability to DRINC.

4. Confidentiality

DRINC will:

  • Maintain confidentiality of your proprietary information, except as required by law or with your consent.

  • Use your data only for the agreed services.

You agree to keep DRINC’s proprietary methods, deliverables, and materials confidential and not use them beyond the Agreement’s scope.

5. Intellectual Property

DRINC retains ownership of all deliverables, methodologies, and materials created for you, granting you a non-exclusive, non-transferable license to use them solely for your internal business purposes. You may not reproduce, distribute, or create derivative works without written consent.

6. Limitation of Liability

To the fullest extent permitted by law:

  • DRINC is not liable for indirect, consequential, incidental, or punitive damages (e.g., lost profits, business interruption).

  • Our liability is limited to the fees paid for the specific service giving rise to the claim.

  • DRINC is not responsible for outcomes beyond our control, including regulatory decisions, third-party actions, or your data inaccuracies.

  • You indemnify DRINC, its affiliates, and agents against claims arising from your use of our services or breach of these Terms.

7. Termination

Either party may terminate the Agreement:

  • With 30 days’ written notice, unless otherwise specified.

  • Immediately if the other party breaches materially and fails to cure within 14 days.

Upon termination, you will pay for services rendered, and DRINC may retain deliverables until payment is received.

8. Dispute Resolution

Any disputes arising under or related to these Terms or the Agreement will be resolved through binding arbitration in Los Angeles County, California, under the American Arbitration Association’s (AAA) Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator. The prevailing party, as determined by the arbitrator, will be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party, pursuant to California Civil Code Section 1717. You waive the right to a jury trial or class action. Arbitration proceedings will be confidential, and the arbitrator’s decision will be final and enforceable in any court of competent jurisdiction.

9. Governing Law

These Terms are governed by California law, without regard to conflict of laws principles. Any non-arbitrable claims will be filed in Los Angeles County courts.

10. Force Majeure

DRINC is not liable for delays or failures due to events beyond our control (e.g., natural disasters, cyberattacks, regulatory changes).

11. Entire Agreement

These Terms, with the Agreement, constitute the entire understanding, superseding all prior communications. Amendments must be in writing and signed by both parties.

12. Changes to These Terms

We may update these Terms, with changes posted here. Continued engagement after updates constitutes acceptance.

Last Updated: April 16, 2025