These terms of service govern your use of this website and the computer systems design and computer integrated systems design services offered by GOTTWALD LAW PLLC, a professional limited liability company located at 34 S 500 E Ste 105, Salt Lake City - 84102-1037, United States (US). By using this website, submitting an enquiry or accepting a written proposal, you agree to these terms in full. If you do not agree with any part of these terms, please do not use the website or the services. The services available through this site are developed and operated by the developer Gottwald on behalf of GOTTWALD LAW PLLC. Where a separate written agreement has been signed, the terms of that agreement take precedence over these general terms. We will always try to resolve disagreements by discussion before relying on the formal provisions of this document, because a working relationship depends on trust rather than paperwork.
We provide professional services in computer systems design and computer integrated systems design, including platform engineering, data and reporting, integration, security and managed support. The precise scope of any engagement is defined in a written proposal that we prepare before work begins. A proposal describes the work, the deliverables, the schedule, the price and the acceptance criteria for each deliverable. Services are provided only after a proposal has been accepted in writing. We do not begin work on assumptions, and we do not charge for work that has not been agreed in writing. Each proposal is prepared with the same care as the work itself, and nothing is added to a proposal after it is accepted without a written amendment. The services are delivered by our team or by subcontractors engaged under our supervision and responsibility, so that you always deal with one accountable partner.
Our services are intended for businesses, professional firms and adults acting in a professional capacity. By accepting a proposal, you confirm that you have the authority to bind the organisation on whose behalf you are acting. Where you are a natural person, you confirm that you are at least eighteen years old. We may decline to provide services to anyone for any lawful reason, and we will state the reason where it is appropriate to do so. Our website is not directed to children, and we do not knowingly accept enquiries from children. You agree to provide accurate information when you contact us and to update that information if it changes during an engagement. Where you act for an organisation, you are responsible for ensuring that the people within your organisation who use the services understand and follow these terms.
An enquiry through our website or by email does not create any obligation on either side. After we understand your needs, we may prepare a written proposal that describes the engagement in full. A proposal is an offer to provide services on the terms stated, and it remains open for acceptance for the period shown in the document. The proposal is binding only when it has been accepted in writing by you and countersigned where required. We may revise a proposal if you change the scope of the work after it was issued. Information you share while we prepare a proposal is treated as confidential and is used only for that purpose. If we cannot help you, we will say so plainly rather than keep the discussion open without reason. You are never committed to continue past an initial discussion.
Fees are set out in the accepted proposal and are fixed for the work described, unless the scope changes by written agreement. Payment terms, including any deposit and the schedule of invoices, are stated in the proposal. Invoices are payable within thirty days of the invoice date unless the proposal says otherwise. Work may be paused if an invoice remains unpaid beyond the agreed terms, and we will tell you before any pause takes effect. We do not charge interest on overdue amounts unless the proposal states that we do. Any expense that is to be reimbursed by you will be itemised on the invoice rather than hidden in the fee. We accept payment by bank transfer, and the proposal will state the account details. Receipts are issued for every payment, and our records are open to your inspection on request.
We deliver work according to the schedule stated in the accepted proposal. A deliverable is considered complete when it meets the acceptance criteria set out in the proposal and has been handed over in the agreed form. You will have a reasonable opportunity to review each deliverable and to raise issues. Issues reported within the review period are corrected at no additional cost. If a deliverable does not meet the acceptance criteria and we cannot correct it within a reasonable time, you may reject the deliverable and we will refund the portion of the fee that relates to it. Acceptance of a deliverable does not remove our continuing obligations under any support agreement. We keep a record of each acceptance so that both sides know precisely what was handed over and when.
You agree to provide the information, decisions and access that we reasonably need to deliver the services. This includes access to systems, documentation and staff time for interviews and testing. Delays caused by missing information or decisions may move the schedule, and we will tell you if that happens. You agree that your team will test the work at the points specified in the proposal. You remain responsible for the accuracy of the business information you provide. We rely on that information in good faith, and we are not responsible for problems that arise from information that was incomplete or inaccurate when you gave it to us. Where your staff are needed to make a decision, we will give reasonable notice and enough context to decide well. A short delay from your side is never treated harshly; a pattern of delay is.
You agree to use this website and any systems we deliver for lawful purposes only. You will not attempt to damage, overload or gain unauthorised access to the website, its servers or the systems of other users. You will not use our services to store or transmit material that is unlawful, harmful or infringing. You will not attempt to reverse engineer, copy or resell the tools and platforms we deliver except as expressly permitted by the proposal. You will not use our systems in a way that would cause harm to a third party. We may suspend or terminate access where we reasonably believe these rules have been broken, and we will explain the reason for any such decision. Nothing in this section limits your lawful rights, and we will never apply these rules in a way that interferes with the legitimate work of your practice.
Both sides may share information that is confidential in nature during an engagement. Confidential information includes business plans, client details, system configuration, security arrangements and any information marked confidential. Each side agrees to protect the confidential information of the other and to use it only for the purpose of the engagement. This obligation continues after the engagement ends. Confidential information does not include information that is public through no fault of the receiving side, information that was lawfully known before disclosure, or information that must be disclosed by law. Nothing in this section prevents disclosure to a professional adviser who is bound by a duty of confidentiality. We treat confidentiality as a cornerstone of professional service, and we expect the same standard from you in return.
You retain ownership of the data and content that you provide to us, including matter data, documents, contacts and configuration details. We process client data only for the purpose of delivering the services and only as instructed. We do not use client data for our own purposes, and we do not share it with third parties except as needed to deliver the services or as required by law. On termination, we will return the client data in an agreed format and will delete our copies within a reasonable period, subject to legal retention obligations. We may keep aggregated and anonymous information that cannot identify you, for the purpose of improving our own methods. The way we handle personal information within client data is described in more detail in our privacy policy, which forms part of the context of these terms.
The proposals, designs, drawings, documentation, configuration and software we create for you are the intellectual property of GOTTWALD LAW PLLC unless the proposal states otherwise. On full payment of the fees, we grant you a perpetual, non-exclusive licence to use the deliverables for your own business purposes. You may not resell, redistribute or reverse engineer the deliverables. Third party software that is embedded in a deliverable remains subject to its own licence terms, which we will identify in the documentation. Any improvements we make to our own methods and tools remain our property, even where the work was done during your engagement. Ideas that are freely shared in conversation are not treated as confidential property of either side. If you want ownership of a specific deliverable transferred to you, we will discuss it and record the agreed position in the proposal.
An engagement may involve systems provided by third parties, such as practice management software, cloud hosting, email and office tools. We are not responsible for the performance, availability or terms of third party services, and we do not give warranties on their behalf. Where we configure or integrate a third party service, we will do so with reasonable care and skill, but the service itself is governed by the terms of its provider. You are responsible for reviewing and accepting the terms of third party providers that you use. If a third party service changes its features or terms, we will help you understand the impact on your systems. We will not make a third party service a dependency of our work without telling you in writing first. Our recommendations are made on the merits of the service for your situation, not on the basis of any commission or rebate.
We warrant that our services will be provided with reasonable care and skill and in line with the accepted proposal. We warrant that deliverables will, for a period of ninety days after delivery, function materially in accordance with their documentation when used for their intended purpose. If a defect appears within that period and is reported to us, we will correct it at no additional cost. Our website is provided on an as-is basis, and we do not warrant that it will be available at all times or free from errors. We do not warrant that any system will be free from every possible attack, and we cannot be responsible for events outside our reasonable control. Any additional warranty must be stated in writing in the proposal. Nothing in these terms reduces your statutory rights as a consumer where those rights cannot be excluded by law.
To the fullest extent permitted by law, our total liability arising from an engagement will not exceed the total fees paid or payable for the engagement in which the claim arises. We will not be liable for loss of profit, loss of revenue, loss of data, loss of goodwill or any indirect or consequential loss, whether in contract, tort or otherwise. This limitation does not apply to liability that cannot be limited by law, including liability for death or personal injury caused by negligence or for fraud. Neither side will be liable for failure to perform an obligation caused by events outside its reasonable control. You agree that the fee reflects this allocation of risk and that it is fair in all the circumstances. Where a loss arises from the actions of both sides, responsibility will be apportioned according to the cause of the loss.
You agree to indemnify and hold harmless GOTTWALD LAW PLLC and the developer Gottwald against claims, damages and reasonable costs that arise from your breach of these terms, from your misuse of the services, or from content and data that you provide to us. We will notify you promptly of a claim that falls within this section and will allow you to manage its defence. You may not settle a claim in a way that admits liability on our part without our written consent. This indemnity survives the end of the engagement. Where a claim arises partly from our fault and partly from yours, liability will be apportioned according to responsibility. We will cooperate honestly in establishing how the loss occurred, because an honest account of events serves both sides better than any contest.
These terms apply from your first use of the website and continue until an engagement ends. An engagement described in a proposal may be ended by either side on written notice in accordance with the notice period stated in the proposal. Either side may end an engagement immediately on written notice if the other side commits a serious breach that is not remedied within fourteen days of written notice. On termination, you will pay for work completed up to the date of termination, and we will return the client data as described in these terms. Terminating an engagement does not affect rights and obligations that are intended to survive, including confidentiality and limitation of liability. We will make the handover as smooth as possible, because the goal of a professional relationship is a clean ending when one is needed.
We may suspend part or all of a service, on reasonable notice where practical, if an invoice is overdue, if we reasonably believe the services are being misused, or if we are required to do so by law or by a regulator. A suspension will be lifted as soon as the reason for it has been resolved. We will not be liable for loss caused by a suspension that results from your breach of these terms or from a lawful requirement. Where a suspension lasts for more than thirty days and is not caused by you, you may end the affected engagement without penalty. We will always explain the reason for a suspension in writing unless the law prevents us from doing so. Suspension is a last resort, and we will discuss the position with you before any pause takes effect wherever that is possible.
We may revise these terms from time to time to reflect changes in our services, technology or legal requirements. The date at the top of this page shows when the terms were last revised. Material changes will be drawn to your attention on this website. Continued use of the website after a revision means that you accept the revised terms. Changes to terms that affect an active engagement will not apply without your written agreement unless the change is required by law. Where a change is required by law, we will give you as much notice as the law allows. Earlier versions of these terms are kept in our records so that the basis of any past decision can be examined. We will not make a change retroactive in a way that harms you.
These terms are governed by the laws of the State of Utah and, where applicable, the federal laws of the United States (US). The parties will first attempt to resolve any dispute through good faith discussion. If a dispute is not resolved within thirty days, either side may refer the matter to mediation before taking further action. If mediation does not resolve the dispute, the courts of Salt Lake City, Utah will have exclusive jurisdiction, except where the law gives you a right that cannot be waived. Nothing in this section prevents either side from seeking urgent protective relief in a court of competent jurisdiction. We believe that most disagreements are misunderstandings, and a direct conversation settles them sooner than any legal process could.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full effect. These terms and the accepted proposal together form the entire agreement between the parties and replace earlier discussions. A failure to enforce a provision on one occasion does not waive the right to enforce it later. You may not assign your rights under these terms without our written consent. We may subcontract parts of the work while remaining responsible for it. Headings in these terms are for convenience only and do not affect interpretation. Nothing in these terms creates a partnership or agency relationship between the parties. Any reference to a statute includes its amendments and replacements, and any reference to a person includes a firm and a company.
Questions about these terms or about a proposal should be directed to our practice. Our contact person is Ou Chaofu. You can reach us by email at order@gottwald.lat or by telephone at +19797662421. Our postal address is GOTTWALD LAW PLLC, 34 S 500 E Ste 105, Salt Lake City - 84102-1037, United States (US). Notices under these terms must be sent in writing and will be considered received on the day they are delivered by email or within five business days of posting. We respond to all correspondence within one business day. If you have a concern, the quickest way to have it heard is to write to us directly, and we will answer plainly and without delay.