1. Acceptance of Terms
By accessing and using Pollyester's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our services. These terms apply to all visitors, users, and clients who access our website, engage our consulting services, or use any of our digital products.
Plainly:Use the site or work with us and these terms apply. If you don't agree with them, don't use the services.
2. Description of Services
Pollyester is a commerce consultancy for growth-stage direct-to-consumer brands. We help brands grow across the whole operation: how they get found, how they sell, how they keep customers, and how it all runs behind the scenes. In practice that is strategy, systems, and execution, from the storefront and the funnel through fulfillment, retention, and the inventory-and-cash truth underneath. AI is woven in where it earns its place, never as the headline. We build the work for you or alongside your team. Engagements are delivered through project work, monthly retainers, and short-form advisory. Each engagement is governed by a service agreement that sets out scope, deliverables, timelines, and payment terms.
Plainly:We're a commerce consultancy. Every engagement gets its own written agreement covering scope, deliverables, timeline, and payment.
3. Client Obligations
As a client, you agree to provide accurate and complete information necessary for the delivery of services, including reasonable access to systems, teams, and stakeholders. You are responsible for ensuring that all content, materials, code, and credentials you provide do not infringe upon third-party intellectual property rights or violate applicable laws. You agree to respond to communications in a timely manner and provide feedback and approvals on the cadence agreed in the engagement plan. Delays caused by client response times may impact project schedules and milestones.
Plainly:Give us accurate information, reasonable access, and timely feedback. If responses stall, timelines move with them.
4. Intellectual Property Rights
Upon full payment of all fees, clients receive ownership rights to deliverables produced for them under their engagement, including source code, documentation, and architectural artifacts. Pollyester retains rights to its own pre-existing tools, methodologies, and any general-purpose libraries or frameworks not produced as a deliverable under the engagement. Pollyester may reference completed engagements in its portfolio and marketing in anonymized form unless otherwise agreed in writing.
Plainly:Once you've paid in full, the work we made for you is yours. We keep our own pre-existing tools, and we can mention the work anonymously unless we agree otherwise.
5. Payment Terms
Payment terms are outlined in individual service agreements. Project engagements generally require a deposit before work commences, with milestone-based or monthly billing thereafter. Retainers are billed in advance on the first of each month or quarter. Advisory engagements are billed upon kickoff. Late payments may result in suspension of services and may incur interest charges at a rate of 1.5% per month on outstanding balances.
Plainly:Your agreement sets the billing. Projects start with a deposit, retainers bill in advance, and late balances can pause the work and accrue 1.5% monthly interest.
6. Scope Changes
Engagements operate on agreed scope, milestones, and timelines. Material scope changes require a written change order outlining impact on timeline and budget. We surface scope changes the same week we encounter them. We do not silently absorb scope creep, and we expect the same transparency in return.
Plainly:Scope changes need a written change order, and we flag them the same week we see them.
7. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. This includes business strategies, financial information, technical specifications, customer data, and any other information marked as confidential or that would reasonably be considered confidential. Pollyester will sign client-provided NDAs or use its own template, whichever is more efficient. This obligation survives the termination of the business relationship for three years.
Plainly:What you share stays confidential, for three years after we part ways. Your NDA or ours, whichever is faster.
8. Limitation of Liability
Pollyester's total liability for any claims arising from its services shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim. Pollyester is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, regardless of the cause of action. This limitation applies to the fullest extent permitted by law.
Plainly:If something goes wrong, the most we owe is what you paid us for that engagement, and indirect damages are excluded.
9. Termination
Either party may terminate an engagement with 30 days written notice, or sooner if agreed in writing. Upon termination, the client pays for all work completed up to the termination date. Deposits applied against work performed are non-refundable. Pollyester may terminate services for breach of these terms, non-payment, or conduct that materially damages its reputation or operations. We strongly prefer to end engagements clean and on speaking terms.
Plainly:Either side can end an engagement with 30 days written notice. You pay for the work done to that point; deposits already applied to work aren't refunded.
10. Dispute Resolution
Any disputes arising from these terms or our services shall first be addressed through good-faith negotiation. If negotiation fails to resolve the dispute within 30 days, either party may pursue mediation. If mediation is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Los Angeles, California.
Plainly:If there's a dispute, we talk first, mediate second, and only then arbitrate, in Los Angeles.
11. Modifications to Terms
Pollyester reserves the right to modify these Terms of Service. Changes will be effective upon posting to this website. Continued use of services after changes constitutes acceptance of the modified terms. For existing engagements, the terms in effect at the time of the engagement agreement shall govern unless both parties agree to the modified terms in writing.
Plainly:We can update these terms, but your engagement runs on the version in force when you signed, unless we both agree otherwise in writing.
12. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal actions arising from these terms shall be brought in the courts of Los Angeles County, California.
Plainly:California law governs, and any court action happens in Los Angeles County.