Terms and Conditions | OptimIQ Consultus

1. Definitions

In these Terms, unless the context requires otherwise:

OptimIQ, we, us — [OptimIQ Consultus Private Limited], a company incorporated in India (CIN [●]), registered at [address, India].

Platform — the website www.optimiqconsultus.com, its sub-domains, forms, surveys, applications and related communications channels.

Client — an organisation (or its authorised individual) that seeks, procures or receives consulting services through the Platform.

Consultant — an individual consultant, strategic advisor, project manager or expert registered on the Platform.

Consulting Firm — a firm registered on the Platform; a Consulting Firm may act as both a Client and a provider of services.

CTQ Score — OptimIQ's composite Critical-to-Quality rating of a Consultant or Consulting Firm.

Engagement — a consulting assignment agreed through or introduced by the Platform, documented in a Statement of Work (SOW).

Managed Engagement — an Engagement in which OptimIQ contracts with the Client as principal and subcontracts the Consultant.

User Content — anything you upload or submit, including profiles, CVs, case studies, proposals, messages and reviews.

2. Contracting entity

You contract with [OptimIQ Consultus Private Limited], India, unless your SOW, order or invoice names a different OptimIQ entity (including the UAE entity in Section 27), in which case that entity is your contracting party for that Engagement.

3. Eligibility

You must be at least 18, legally able to contract, and not barred from receiving services under any applicable law or sanctions regime. Consultants must hold the qualifications, licences and work authorisations their Engagements require. We may refuse or end registration at our discretion, acting reasonably.

4. Accounts, verification and security

You are responsible for providing accurate information and keeping your account credentials secure. You must promptly notify OptimIQ of any unauthorised access or suspected security incident.

5. OptimIQ's role

OptimIQ provides a professional consulting platform that enables Clients, Consultants and Consulting Firms to connect, evaluate, contract and manage consulting Engagements.

6. Consultant and Consulting Firm obligations

Consultants and Consulting Firms must provide accurate professional information, maintain required qualifications and licences, perform Engagements professionally and comply with applicable laws and contractual obligations.

7. Client obligations

Clients must provide accurate requirements, cooperate with Consultants and pay all agreed fees in accordance with the applicable SOW, order or invoice.

8. Fees and payments

Fees, payment schedules and applicable charges will be specified in the relevant SOW, order or invoice. Payments must be made within the agreed payment period.

9. Taxes

Each party is responsible for taxes imposed on it under applicable law. OptimIQ may deduct or collect taxes where required by law.

10. Intellectual property

Each party retains ownership of its pre-existing intellectual property. Ownership and permitted use of Engagement deliverables will be governed by the applicable SOW.

11. User content

You retain ownership of User Content you submit. You grant OptimIQ the rights reasonably necessary to host, process, display and operate the Platform and provide the requested services.

12. Confidentiality

Each party must protect confidential information received from the other party and use it only for the purposes for which it was disclosed.

13. Data protection

Personal data will be processed in accordance with OptimIQ's Privacy Policy and applicable data protection laws.

14. Prohibited conduct

You must not misuse the Platform, interfere with its security, impersonate another person, upload unlawful content or use the Platform for fraudulent or unauthorised purposes.

15. Suspension and termination

OptimIQ may suspend or terminate access where reasonably necessary to protect the Platform, comply with law or address material breaches of these Terms.

16. Warranties and disclaimers

The Platform is provided subject to these Terms. To the extent permitted by law, OptimIQ disclaims warranties not expressly stated in these Terms.

17. Limitation of liability

To the maximum extent permitted by applicable law, OptimIQ's liability arising from the Platform or an Engagement will be limited as stated in the applicable contractual arrangements.

18. Indemnity

You agree to indemnify OptimIQ against claims, losses and reasonable costs arising from your breach of these Terms or misuse of the Platform.

19. Dispute resolution

The parties will seek to resolve disputes through good-faith discussions before using any formal dispute resolution mechanism specified in the applicable agreement.

20. Changes to these Terms

OptimIQ may update these Terms from time to time. Updated Terms will be published with the applicable effective date.

21. Notices

Notices may be provided through the Platform, email or other communication channels associated with your account.

22. General

These Terms, together with applicable SOWs, orders and policies, form the agreement between you and OptimIQ regarding use of the Platform.

23. Force majeure

Neither party will be responsible for delays caused by circumstances beyond its reasonable control.

24. Assignment

You may not assign your rights or obligations under these Terms without prior written consent, except where permitted by applicable law.

25. Survival

Provisions that by their nature should survive termination will continue after termination of the applicable agreement.

26. Entire agreement

These Terms and the documents expressly incorporated into them constitute the agreement between the parties concerning their subject matter.

27. UAE operations

Where applicable, the UAE entity identified in the relevant SOW, order or invoice will act as the contracting entity for services provided in the UAE and wider GCC.