Summary: By using our website or engaging Brecon's consulting services, you agree to these terms. Formal consulting engagements are governed by a separate written agreement, which takes precedence. These terms set out the baseline rules for our relationship.
About These Terms
These Terms of Service ("Terms") govern your access to and use of the Brecon website at brecon.co.in ("Website") and your engagement of Brecon's professional services ("Services"). They form a legal agreement between you ("you" or "Client") and Brecon Operational Excellence Consultants ("Brecon", "we", "us", or "our").
By accessing our Website or enquiring about or engaging our Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our Website or engage our Services.
Where a separate written engagement agreement or statement of work ("Engagement Agreement") exists between you and Brecon, the terms of that agreement will take precedence over these Terms to the extent of any conflict.
Our Services
Brecon provides operational excellence consulting, training, and advisory services to manufacturing and industrial organisations. Our services include, but are not limited to:
- Strategic Lean consulting and implementation
- Lean manufacturing and continuous improvement programmes
- Factory design and layout optimisation
- Total Productive Maintenance (TPM) implementation
- Quality excellence and Lean Six Sigma (DMAIC)
- Supply chain redesign and optimisation
- HR excellence and organisational alignment
- New product development frameworks
- Digital marketing strategy
- Training programmes including Lean Fundamentals, Six Sigma belts, VSM, and Kaizen leadership
All Services are bespoke and tailored to the specific needs of each client. The precise scope, deliverables, timeline, and fees for any engagement will be set out in an Engagement Agreement.
Engaging Our Services
An engagement with Brecon is formed when both parties have signed a written Engagement Agreement (which may include a proposal, statement of work, or consulting agreement). No binding engagement exists solely by virtue of an enquiry, email exchange, or verbal discussion.
We reserve the right to decline any engagement at our sole discretion, including where we perceive a conflict of interest or where we do not believe we can deliver sufficient value.
Any estimates, projections, or indicative timelines provided during the enquiry or scoping phase are illustrative only and are not guarantees of outcome.
Fees & Payment
Fees for Services are set out in the applicable Engagement Agreement. Unless otherwise agreed in writing:
- Invoices are payable within 30 days of the invoice date
- Fees are quoted exclusive of any applicable taxes (including GST), which will be added to invoices where required by law
- Expenses reasonably incurred in the delivery of Services (such as travel, accommodation, and materials) will be invoiced separately with supporting receipts, unless a fixed-expense arrangement has been agreed
- Late payments may attract interest at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until the date of actual payment
Where a retainer or advance payment is agreed, this will be stated in the Engagement Agreement along with the applicable refund or drawdown terms.
Confidentiality
We understand that in the course of an engagement, you may share sensitive business information with us. Brecon treats all client information — including operational data, financial information, personnel matters, processes, and strategic plans — as strictly confidential.
We will not disclose your confidential information to any third party without your prior written consent, except where required by law or regulation, or where disclosure is made to our professional advisers who are themselves bound by confidentiality obligations.
Specific confidentiality obligations for each engagement will be set out in the Engagement Agreement. Where an engagement requires a standalone Non-Disclosure Agreement (NDA), we are pleased to enter into one.
This obligation of confidentiality survives the termination of any engagement.
Intellectual Property
Brecon's IP
All methodologies, frameworks, tools, templates, training materials, and other intellectual property developed by Brecon prior to or independently of any engagement ("Brecon IP") remain the sole property of Brecon. We grant you a non-exclusive, non-transferable licence to use Brecon IP delivered as part of your engagement solely for your own internal operational purposes.
Deliverables
Unless otherwise agreed in writing, bespoke deliverables created specifically for you during an engagement (such as custom process maps, reports, or implementation plans) become your property upon full payment of all applicable fees. Such deliverables may incorporate Brecon IP, for which the licence above applies.
Website content
All content on the Brecon website — including text, graphics, logos, and design — is owned by or licensed to Brecon and protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or use any website content without our prior written permission.
Your Responsibilities
To enable Brecon to deliver Services effectively, you agree to:
- Provide accurate, complete, and timely information, access, and cooperation reasonably required for the engagement
- Designate appropriate personnel to liaise with Brecon and participate in the engagement as agreed
- Ensure that your team members participating in the engagement are aware of and comply with these Terms and the Engagement Agreement
- Promptly review and provide feedback on any deliverables within agreed timescales
- Inform Brecon of any changes in your circumstances that may materially affect the scope or delivery of the engagement
You acknowledge that the results of any engagement are dependent on your active participation and the accuracy of information you provide. Brecon accepts no liability for delays or diminished outcomes resulting from your failure to meet these responsibilities.
Disclaimers
Please read this section carefully. It sets out important limitations on the nature of our advice and the warranties we provide.
Brecon provides consulting services based on professional judgement, industry expertise, and the information available to us at the time. While we take every care to deliver high-quality, accurate, and practical advice:
- We do not guarantee any specific business outcome, financial result, or performance improvement from the implementation of our recommendations
- Our advice is provided for the benefit of the contracting client only and should not be relied upon by third parties
- Our website is provided on an "as is" and "as available" basis. We make no warranty that the website will be uninterrupted, error-free, or free of viruses
- Information on our website is provided for general information purposes only and does not constitute professional advice
To the fullest extent permitted by applicable law, Brecon disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the fullest extent permitted by applicable law, Brecon's total aggregate liability to you arising out of or in connection with any engagement or these Terms — whether in contract, tort (including negligence), or otherwise — shall not exceed the total fees paid by you to Brecon in the three months immediately preceding the event giving rise to the claim.
In no event shall Brecon be liable for:
- Loss of profits, revenue, or anticipated savings
- Loss of business, contracts, or opportunities
- Loss of goodwill or reputation
- Indirect, consequential, special, or punitive damages of any kind
These limitations apply even if Brecon has been advised of the possibility of such losses. Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.
Indemnification
You agree to indemnify, defend, and hold harmless Brecon, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your breach of these Terms or any Engagement Agreement
- Your use of the Website in a manner that violates applicable law
- Any inaccurate or misleading information you provide to Brecon
- Your failure to fulfil the responsibilities set out in Section 7
Termination
Termination of an engagement
Either party may terminate an engagement in accordance with the termination provisions set out in the applicable Engagement Agreement. Where no specific provisions exist, either party may terminate by giving 30 days' written notice to the other.
In the event of termination, you will be liable for fees in respect of all Services delivered up to the date of termination, plus any non-cancellable expenses already incurred.
Termination for cause
Brecon reserves the right to terminate an engagement immediately and without notice if you materially breach these Terms or the Engagement Agreement, become insolvent, or engage in conduct that is unlawful, unethical, or damaging to Brecon's reputation.
Survival
Sections relating to confidentiality, intellectual property, payment of outstanding fees, limitation of liability, and governing law survive the termination or expiry of any engagement or these Terms.
Website Use
By using our Website, you agree to use it only for lawful purposes and in a manner that does not infringe the rights of others. You must not:
- Use the Website to transmit any unsolicited or unauthorised advertising or promotional material
- Attempt to gain unauthorised access to any part of the Website or its underlying systems
- Introduce viruses, malware, or any other harmful material to the Website
- Scrape, copy, or reproduce Website content for commercial purposes without our written permission
- Use the Website in any way that could damage, disable, or impair its performance
We reserve the right to restrict or terminate access to the Website for any user who violates these conditions.
Governing Law
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of India.
Any disputes shall be subject to the exclusive jurisdiction of the courts of India, unless the parties agree in writing to an alternative dispute resolution mechanism such as mediation or arbitration.
Where an Engagement Agreement specifies a different governing law or jurisdiction, those provisions shall prevail in relation to that engagement.
Changes to These Terms
We may update these Terms from time to time to reflect changes in our business practices, applicable law, or for other operational reasons. When we make material changes, we will update the "Last updated" date at the top of this page.
Your continued use of our Website or engagement of our Services after any changes are posted constitutes your acceptance of the updated Terms. For existing engagements, any material changes to the Terms will not take effect until renewal or the commencement of a new engagement, unless required by law.
Contact Us
If you have any questions about these Terms or wish to discuss an engagement with us, please get in touch:
Brecon Operational Excellence Consultants