Plan With Us

+1 (917) 659-9915

Plan With Us

+1 (917) 659-9915

Terms & Conditions | Makeni Bent Digital Consulting

Terms & Conditions

Effective: • Domain: makenibent.com

1. Your Agreement to these Terms

These Terms & Conditions (“Terms”) govern your access to and use of the website located at makenibent.com (the “Site”) and any related materials or communications from Makeni Bent Digital Consulting LLC (“MBDC,” “we,” “us,” or “our”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

These Terms are for general informational purposes and do not constitute legal advice. For client engagements, additional contracts (e.g., Master Services Agreements, Statements of Work, Business Associate Agreements) may apply.

2. Scope of Services & Website Use

The Site provides information about our consulting services, including content strategy, compliance, accessibility, and related offerings for regulated industries. The Site is provided “as is.” We may update or discontinue the Site or any content at any time.

  • You must use the Site only for lawful purposes and in accordance with these Terms.
  • Do not attempt to disrupt or compromise the security of the Site or our systems.
  • Any testimonials, case studies, or examples on the Site illustrate potential outcomes and are not guarantees.

3. Regulatory & Compliance

We operate with a compliance-first approach. Where applicable, we handle regulated data and accessibility obligations as outlined below.

3.1 HIPAA (Business Associate)

To the extent our services involve Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA), we will execute a Business Associate Agreement (“BAA”) with the Covered Entity or another Business Associate as required. Under the BAA and HIPAA, we will, among other obligations:

  • Use and disclose PHI only as permitted by the BAA and applicable law, applying the minimum necessary standard.
  • Implement appropriate administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI.
  • Report to the Covered Entity any suspected or confirmed breach of unsecured PHI without unreasonable delay and cooperate in required notifications.
  • Ensure subcontractors that create, receive, maintain, or transmit PHI agree to the same restrictions and safeguards.
  • Make PHI available for access, amendment, and accounting of disclosures as required by HIPAA.
  • Return or destroy PHI upon termination of services where feasible.

Absent a signed BAA, you must not transmit PHI to us.

3.2 CCPA/CPRA (California)

For California residents, we comply with the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA). Where we act as a “business,” you have the rights described in our Privacy Policy, including:

  • Right to know, access, and portability of certain personal information.
  • Right to delete and to correct inaccurate personal information.
  • Right to opt out of “selling” or “sharing” (for cross-context behavioral advertising) of personal information.
  • Right to limit use and disclosure of sensitive personal information.
  • Right to non-discrimination for exercising your rights.

We do not knowingly sell or share personal information in the context of this Site. If our practices change, we will update our notices and honor your choices via the Do Not Sell/Share mechanism.

3.3 GDPR/UK GDPR

For individuals in the EEA, Switzerland, and the UK, we process personal data in line with the EU/UK General Data Protection Regulation (GDPR/UK GDPR) where applicable. We rely on appropriate lawful bases (e.g., consent, contract performance, legitimate interests) and apply safeguards for international transfers (e.g., Standard Contractual Clauses) as described in the Privacy Policy.

3.4 Accessibility (WCAG)

We are committed to providing an accessible experience and aim for conformance with WCAG 2.2 Level AA. If you encounter accessibility barriers on the Site, please email accessibility@makenibent.com with a description of the issue and the relevant URL. We will make reasonable efforts to address concerns.

4. Privacy Policy Incorporated

Our Privacy Policy explains how we collect, use, and share personal information. It is incorporated into these Terms by reference.

5. Acceptable Use

  • No unlawful, infringing, or fraudulent activity.
  • No attempts to gain unauthorized access to the Site, systems, or data.
  • No automated scraping beyond what is permitted by robots.txt and applicable law.
  • No misuse of our trademarks or brand.

6. Intellectual Property

The Site, its content, and the MBDC name and trademarks are owned by us or our licensors and are protected by intellectual property laws. You may view the Site for your internal business use. Any other use, reproduction, or redistribution requires our prior written consent.

If you submit feedback or suggestions, you grant us a worldwide, royalty-free, perpetual license to use that feedback to improve our services and communications.

7. Confidentiality & Data Security

We maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of the information we process. For client projects, confidentiality obligations will be set out in an MSA, NDA, BAA, or SOW as applicable.

8. Professional Services; SOWs & BAAs

Any professional services are provided under a separate Master Services Agreement, Statement(s) of Work, and, where applicable, a BAA. In the event of a conflict, the signed agreement(s) will control.

9. Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING FROM OR RELATED TO YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SITE WILL NOT EXCEED USD $100.

11. Indemnification

You will defend, indemnify, and hold harmless MBDC and our affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from your misuse of the Site or violation of these Terms.

12. Changes to these Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., by posting an updated notice on the Site). Your continued use of the Site after the effective date constitutes acceptance of the updated Terms.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of New York, USA, without regard to conflicts of law principles. Except for claims that may be brought in small claims court, any dispute will be resolved by binding arbitration in New York County, New York, administered by JAMS under its Streamlined Rules. You and MBDC waive any right to a jury trial and to participate in a class action. This provision does not prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction.

14. Contact

Questions about these Terms? Email legal@makenibent.com.