Terms of Service

These Terms of Service ("Terms") govern your access to and use of the LakeChamplain Living IT Consulting website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

These Terms constitute a legally binding agreement between you and LakeChamplain Living IT Consulting ("Company," "we," "us," or "our").

2. Description of Services

LakeChamplain Living IT Consulting provides professional IT consulting services, including but not limited to:

• Network security and infrastructure auditing
• Cloud migration and management
• IT strategy and systems integration
• Data protection and backup solutions
• Ongoing technical support and optimization

Specific services are provided pursuant to separate service agreements or statements of work that incorporate these Terms by reference.

3. Eligibility

Our services are intended for businesses and organizations. By using our services, you represent and warrant that:

• You are at least 18 years of age
• You have the authority to enter into this agreement on behalf of your organization
• Your use of our services complies with all applicable laws and regulations
• All information you provide is accurate and complete

4. Service Agreements

4.1 Engagement Terms

Specific terms of service engagements will be detailed in separate agreements, proposals, or statements of work. These documents will specify:

• Scope of services to be provided
• Timeline and deliverables
• Fees and payment terms
• Responsibilities of both parties
• Any specific terms applicable to the engagement

4.2 Changes to Services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of material changes to ongoing service agreements.

5. Fees and Payment

5.1 Service Fees

Fees for our services are specified in individual service agreements. Unless otherwise stated, all fees are in the currency specified in the agreement and exclude applicable taxes.

5.2 Payment Terms

Payment terms are specified in individual service agreements. Typical payment terms include:

• Payment due within 30 days of invoice date
• Late payments may incur interest charges
• We reserve the right to suspend services for non-payment

5.3 Expenses

Unless otherwise agreed, expenses incurred in connection with service delivery (travel, materials, third-party costs) will be billed separately with appropriate documentation.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is our property or that of our licensors and is protected by intellectual property laws. You may not use, reproduce, or distribute this content without our prior written permission.

6.2 Client Materials

Clients retain ownership of their pre-existing materials, data, and information. By engaging our services, you grant us a limited license to use your materials solely for the purpose of providing services.

6.3 Deliverables

Ownership of deliverables created during service engagements will be specified in individual service agreements. Typically, clients receive ownership of custom deliverables upon full payment, while we retain ownership of our methodologies, tools, and general knowledge.

7. Confidentiality

Both parties acknowledge that they may have access to confidential information during the course of our relationship. Each party agrees to:

• Maintain the confidentiality of the other party's confidential information
• Use confidential information only for purposes related to the service engagement
• Protect confidential information using reasonable security measures
• Not disclose confidential information to third parties without prior written consent

Confidential information does not include information that is publicly available, independently developed, or lawfully obtained from third parties.

8. Data Protection and Security

We implement appropriate technical and organizational measures to protect client data. However, clients retain primary responsibility for their data security and backup. We recommend that clients:

• Maintain independent backups of critical data
• Implement appropriate access controls
• Comply with applicable data protection regulations
• Promptly report any security concerns

9. Warranties and Disclaimers

9.1 Our Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. This is your exclusive warranty.

9.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or meet your specific requirements. Technology services involve inherent uncertainties and risks.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claims arising from services provided shall not exceed the fees paid for those specific services
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for loss of data, profits, revenue, or business opportunities
• These limitations apply regardless of the form of action, whether in contract, tort, or otherwise

Some jurisdictions do not allow limitation of certain warranties or damages, so some limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless LakeChamplain Living IT Consulting and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any third-party rights
• Your use of our services
• Your breach of any applicable laws or regulations

12. Term and Termination

12.1 Term

These Terms remain in effect while you use our website or services. Service engagements continue for the period specified in individual service agreements.

12.2 Termination

Either party may terminate a service engagement as specified in the applicable service agreement. Upon termination:

• You must pay for services rendered through the termination date
• We will return your confidential information and materials
• Provisions regarding confidentiality, intellectual property, and liability survive termination

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising from these Terms or our services shall be resolved through good faith negotiation. If negotiation fails, disputes may be submitted to mediation before pursuing litigation.

13.3 Jurisdiction

The courts of Cluj-Napoca, Romania shall have exclusive jurisdiction over any disputes that cannot be resolved through negotiation or mediation.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any applicable service agreements and our Privacy Policy, constitute the entire agreement between you and us regarding our services.

14.2 Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated to active clients. Your continued use of our services after changes constitutes acceptance of the modified Terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.5 Assignment

You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.6 Force Majeure

Neither party shall be liable for failure to perform obligations due to causes beyond reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

15. Contact Information

If you have questions about these Terms, please contact us:

LakeChamplain Living IT Consulting
Bulevardul Eroilor 5
Cluj-Napoca, 400129
Romania

Email: info@lakechamplainliving.com
Phone: +40 74 231 66 01