Terms of Engagement

These Terms of Engagement govern the vendor audit, cost recovery, and advisory services provided by O'Connell & Company. By submitting a diagnostic request or entering into a written engagement agreement, you agree to these terms.

1. Description of services

O'Connell & Company provides non-disruptive vendor audits and operational capital advisory services focused on merchant processing, cloud and SaaS spend, parcel shipping and logistics, and telecom and data networks. Services may include baseline diagnostics, benchmark audits, contract and invoice review, vendor negotiation support, and recovery administration.

2. Performance-based compensation

Unless otherwise agreed in a signed engagement letter, our services are provided on a pure performance basis. Our fees are calculated as a percentage of the actual cost reductions, refunds, or recovered overcharges we deliver. There are no upfront fees for audit work. Specific fee percentages, payment terms, and minimum engagement thresholds will be set forth in the applicable engagement letter.

3. Client obligations

To allow us to perform our work, you agree to provide timely access to relevant vendor contracts, invoices, statements, usage reports, and authorized contacts. You represent that you have the authority to engage us and to share the information necessary for the audit.

4. Confidentiality

We treat all client and vendor information as confidential and use it solely for the purpose of delivering our services. We will not disclose confidential information to third parties except as necessary to perform the work, with your consent, or as required by law.

5. No guarantee of results

While we use our expertise to identify and pursue savings and recoveries, we do not guarantee any specific outcome, refund amount, or rate reduction. Projections and historical results discussed during the diagnostic phase are illustrative and not a promise of future performance.

6. Limitation of liability

To the fullest extent permitted by law, O'Connell & Company's liability is limited to the fees actually paid by you for the services giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, or for any loss of profits, revenue, or business opportunity.

7. Indemnification

You agree to indemnify and hold harmless O'Connell & Company and its representatives from claims arising out of your breach of these terms, inaccurate information provided by you, or unauthorized actions taken by you in connection with vendor relationships.

8. Term and termination

Either party may terminate an engagement in accordance with the termination provisions in the signed engagement letter. Provisions related to confidentiality, payment, limitation of liability, and indemnification survive termination.

9. Governing law

These Terms of Engagement and any disputes arising from them shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any legal action shall be brought in the state or federal courts located in Orange County, Florida.

10. Changes to these terms

We may update these Terms of Engagement from time to time. The current version will be posted on this page with an updated effective date. Continued use of our services after changes constitutes acceptance of the revised terms.

11. Contact us

For questions about these Terms of Engagement, contact andrew@oconnellcompany.com.