1. Nature of the website and its content
The content of this website is provided for informational purposes only. It does not constitute specific legal advice, a final opinion, a guarantee of results, or acceptance of a professional engagement. Access to or use of the website does not create any professional relationship.
2. Formation of the professional relationship
A professional relationship arises only through the express acceptance of a service proposal or the execution of an engagement letter. Those documents, together with these terms, constitute the entire agreement between the client and æquitas with respect to each engagement.
3. Nature of the firm
Æquitas Consultoría, S.C. is a civil partnership incorporated under the laws of Mexico. The client's contractual relationship exists exclusively with the firm, without creating any employment or agency relationship with its personnel. Æquitas may rely on specialized third parties while retaining coordination of the engagement.
4. Client responsibilities
The client must provide accurate, complete, and timely information, facilitate reasonable access to relevant information and personnel, designate internal decision-makers, evaluate the sufficiency of the services, implement the recommendations received, and make the corresponding operational and strategic decisions. Æquitas may base its work on the information received without any obligation of independent verification.
5. Scope and limitations of the services
Unless expressly agreed otherwise in writing, the services are limited to those set out in the relevant proposal and do not include accounting, financial, or other advice beyond what has been engaged. Advice is issued pursuant to the legal framework in force at the time it is prepared and does not imply any obligation to update it in light of subsequent changes. Legal strategies do not bind authorities or courts. Oral communications and drafts have no effect until confirmed in writing.
6. Use of deliverables
Deliverables and documents generated by æquitas are provided exclusively for the specific purpose of the engagement and for the client's internal use. They must not be disclosed to third parties without prior written authorization. The client is responsible for any use made of such materials before third parties, including authorities.
7. Confidentiality
Both parties shall maintain the confidentiality of the information exchanged. The client may not disclose documents, deliverables, or æquitas' involvement without prior written authorization or a legal requirement. Working papers are the property of æquitas and may be retained or destroyed in accordance with its internal policies.
8. Fees, costs, and payments
Fees shall be governed by the relevant proposal. Unless otherwise agreed, fees are net of taxes, the client shall pay any applicable taxes, and expenses, travel costs, and third-party charges shall be paid or reimbursed by the client. Invoices not challenged within five days of receipt shall be deemed accepted. Overdue balances shall accrue default interest at 2% per month on outstanding amounts. Æquitas may suspend services in the event of non-payment.
9. Electronic communications
The parties may use electronic means to exchange information, assuming the inherent risks of information loss, delays, interception, and virus-related disruptions. Each party is responsible for the security of its own systems.
10. Intellectual property
The materials, methodologies, models, criteria, documents, and know-how developed by æquitas remain its property. Once fees have been paid, the client obtains only a non-exclusive license for internal use, without any transfer of ownership.
11. Limitation of liability
Æquitas' total liability is limited to the amount of fees actually paid for the service giving rise to the claim. In no event shall it be liable for indirect damages, lost profits, lost opportunities, or consequential, incidental, or special damages.
12. Indemnity
The client is responsible for any use of the services and deliverables before third parties and agrees to hold æquitas, its partners, employees, and related third parties harmless from claims, costs, expenses, or liabilities arising from the use of the deliverables, their disclosure to third parties, or the implementation of recommendations, except in cases of wilful misconduct or gross negligence by æquitas.
13. Termination
The relationship may be terminated in accordance with the relevant proposal. Unless there is gross negligence by æquitas, the client must pay the fees accrued and the economic commitments assumed. Æquitas may terminate the relationship immediately in the event of a conflict of interest, non-payment, or a legal or ethical inability to continue.
14. Non-solicitation of personnel
During the term of the engagement and for six months following its termination, the parties shall refrain from directly hiring the personnel involved without prior authorization.
15. Force majeure
Neither party shall be liable for non-performance resulting from circumstances beyond its reasonable control.
16. Limitation period
Any claim arising from the services must be submitted within two years from the event giving rise to it.
17. Governing law and jurisdiction
These terms are governed by the laws of Mexico. For any dispute, the parties submit to the competent courts of Monterrey, Nuevo León, waiving any other jurisdiction that may apply.
18. Entire agreement
These terms form an integral part of any service proposal issued by æquitas, unless expressly stated otherwise. In the event of any discrepancy, the relevant proposal shall prevail.