Terms of Service
Agreement
These terms govern use of goncharconsulting.com and services provided by Gonchar Consulting LLC. If you engage Gonchar for a company, you confirm that you have authority to act for that company.
Paid work requires a signed project agreement. That agreement defines the work, timing, fees, payment, information handling, review, and support. If it conflicts with these terms, the signed agreement controls for that project.
Services
Gonchar provides custom business software, connected company tools, product design, development, launch support, and related consulting. Work may include:
- First conversation: A short discussion to understand the problem and decide if further work makes sense.
- Operations Review: A focused review of how work gets done, what slows it down, and what should be improved first.
- Build and launch: Product design, software development, connections, testing, launch, notes, and team support.
- Ongoing support: Continued care, improvement, and new capabilities after launch.
Website descriptions are general. They do not promise a particular feature, result, technology, price, or timeline.
Scope and changes
Custom software depends on the real work, available information, access, security needs, outside services, and client participation. New facts may require a written change to the work, timing, or fees.
Work outside the signed agreement begins only after both parties approve the change in writing.
Fees and payment
- Fees, deposits, stages, expenses, and due dates are listed in the signed agreement.
- Unless the agreement says otherwise, invoices are due within 14 calendar days.
- Approved online services, software licenses, equipment, travel, and similar costs are the client’s responsibility unless they are clearly included.
- Late balances may earn interest at the lower of 1.5 percent per month or the highest amount allowed by law.
- Gonchar may pause work or support on seriously overdue invoices after written notice.
Client responsibilities
The client agrees to:
- Name the people who can make business and technical decisions.
- Give accurate information about the work, tools, rights, security duties, and intended use.
- Provide timely access to approved people, places, notes, examples, and connections.
- Maintain the rights and licenses needed for information, software, and accounts used in the project.
- Review decisions, risks, requests, and delivered work within the agreed time.
- Keep people involved in important decisions and actions when the design, policy, agreement, or law requires it.
- Protect client accounts, networks, equipment, credentials, backups, and company environments unless the agreement assigns a duty to Gonchar.
Client delays, missing access, incorrect information, or outside limits may change timing and cost.
Software limits
Software can produce incomplete, incorrect, or unexpected results. Testing reduces risk but cannot prove perfect behavior in every future situation.
- Product output is not legal, financial, medical, safety, employment, or other regulated professional advice unless a signed agreement clearly says otherwise.
- The client remains responsible for business decisions and important actions.
- Important, unclear, lasting, or regulated actions need the right person to review them.
- Outside services, prices, availability, and rules may change.
Review and acceptance
Review rules are listed in the signed agreement. If no review period is listed, the client must report a serious failure to meet an agreed requirement within 10 business days after delivery. Gonchar will use reasonable care to correct a confirmed issue that is within scope.
Ownership
After full payment, the client receives the rights to client specific work listed in the signed agreement. Gonchar keeps ownership of earlier materials, general knowledge, methods, templates, tools, reusable code, and improvements that are not unique to the client.
If reusable Gonchar materials are included in a delivered product, the client receives a lasting, nonexclusive right to use them as part of that product for internal business purposes. Outside and open source materials keep their own licenses.
Confidentiality
Each party will protect the other party’s private business, technical, financial, security, and company information using reasonable care. Private information may be used only for the project.
Gonchar will not name a client or publish company information, images, product details, quotes, or results without the approval required by the signed agreement.
Privacy and security
Information handling follows the Privacy Policy and the signed agreement. Both parties will follow the agreed access, provider, location, retention, security, and notice rules.
Unless the signed agreement says otherwise, Gonchar is not the client’s main record keeper, security provider, or recovery provider. The client remains responsible for backups and continuity in places controlled by the client.
Outside services
A product may connect to outside software, online services, equipment, or information. Those services follow their own terms. Gonchar is not responsible for an outside outage, security event, price change, rule change, removed feature, or failure outside Gonchar’s reasonable control.
Warranties
Gonchar promises to perform services in a professional and careful way. Except for a promise written in a signed agreement, services and delivered work are provided as is. To the greatest extent allowed by law, Gonchar does not promise perfect accuracy, uninterrupted use, or freedom from every error.
Limit of liability
To the greatest extent allowed by law, neither party is responsible to the other for indirect, special, punitive, or resulting damages, or for lost profit, lost revenue, lost information, business interruption, or lost goodwill.
Gonchar’s total responsibility for a project will not exceed the fees paid or owed to Gonchar under that project during the 12 months before the event that caused the claim. These limits do not apply where law forbids them or where a signed agreement clearly excludes a duty from the limit.
Ending a project
The signed agreement explains how a project may end. Either party may end work after a serious breach that remains unfixed 15 days after written notice, unless the breach cannot reasonably be fixed.
The client must pay for completed work and approved costs through the end date. Gonchar will provide completed, paid work and reasonable transition notes required by the agreement.
Independent contractor
Gonchar is an independent contractor. These terms do not create employment, partnership, joint ownership, or agency.
Website use
You may not misuse this website, seek access without permission, interfere with its operation, create unreasonable load, or use its content to falsely claim a relationship with Gonchar.
Disputes and law
The parties will first try to solve a disagreement through good faith discussion. Unless a signed agreement says otherwise, Washington law governs these terms and unresolved disputes will be brought in the state or federal courts located in King County, Washington.
General
If one part of these terms cannot be enforced, the rest remains in effect. A delay in enforcing a right does not remove that right. Neither party may transfer a project agreement without written approval from the other, except with a merger, reorganization, or sale of substantially all related assets. Electronic signatures are valid.
Contact
Gonchar Consulting LLC
[email protected]