Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and GONDOLA ASSETS, LLC, a Utah limited liability company doing business as Gondola Assets. By accessing or using our website located at www.gondolaassets.mom, by engaging our professional services, by submitting any inquiry through our website, or by otherwise interacting with our organization in the course of business, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all terms incorporated by reference herein.

If you do not agree to these terms in their entirety, you are expressly prohibited from using our website and must discontinue use immediately. Your continued use of the website or services following the posting of revised Terms of Service constitutes your acceptance of the revised terms. We recommend that you periodically review these Terms of Service to remain informed of any changes that may affect your rights or obligations.

By accepting these terms, you represent and warrant that you are at least eighteen years of age, that you have the legal capacity to enter into a binding agreement, and that if you are accepting these terms on behalf of a company, organization, government entity, or other legal person, you have full authority to bind that entity to these terms.

2. Definitions

For purposes of these Terms of Service: Client means any individual or entity that engages Gondola Assets for services. Confidential Information means all non-public information disclosed by one party to the other in connection with the services that is designated as confidential or reasonably should be understood as confidential. Deliverables means all work product, reports, designs, code, documentation, diagrams, architectures, configurations, and other materials created by Gondola Assets. Services means computer systems design, architecture consulting, cloud infrastructure engineering, systems integration, cybersecurity, managed IT operations, and related professional services. Statement of Work or SOW means a written document executed by both parties defining scope, timeline, deliverables, and fees. Website means www.gondolaassets.mom and all associated subdomains and content.

3. Description of Services

Gondola Assets provides enterprise-grade technology consulting and implementation services in the field of computer systems design and related services. Our service offerings include but are not limited to systems architecture and design, cloud infrastructure engineering, systems integration, cybersecurity engineering, managed IT operations, and digital transformation consulting. The specific scope, deliverables, timeline, and fees for any engagement are defined in a mutually executed Statement of Work or service agreement. No binding service obligation arises from general website content, marketing materials, or preliminary consultations alone. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice to affected clients. We also reserve the right to decline service to any individual or entity at our sole discretion, provided such declination does not violate applicable anti-discrimination laws.

4. Website Use and Access

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our website for your legitimate business purposes in accordance with these Terms of Service. You agree not to use the website for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the website. You agree not to attempt to gain unauthorized access to any portion of the website, to any other systems or networks connected to the website, or to any of our servers, through hacking, password mining, automated scripts, or any other illegitimate means. You agree not to use any robot, spider, scraper, or other automated means to access the website for any purpose without our express prior written permission. You agree not to upload or transmit any viruses, worms, Trojan horses, or other malicious code through the website. We reserve the right to monitor website traffic and usage patterns, to investigate suspected violations, and to restrict, suspend, or terminate your access to the website at any time, without prior notice, if we determine in our reasonable judgment that you have violated these terms or that your conduct poses a risk to our systems or to other users.

5. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, icons, images, data compilations, page layout, underlying code, software, and design elements, is the exclusive property of GONDOLA ASSETS, LLC or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The compilation of all content on this website is the exclusive property of Gondola Assets. The trademarks, service marks, trade names, logos, and brand identifiers displayed on this website, including the name Gondola Assets, are registered and unregistered trademarks of GONDOLA ASSETS, LLC. Nothing on this website or in these Terms of Service grants any license or right to use any trademark without our prior written permission. Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action. Regarding deliverables created in the course of a service engagement, ownership and license rights are defined in the applicable SOW or service agreement.

6. Client Obligations and Responsibilities

Clients engaging our services agree to provide us with timely access to facilities, systems, personnel, and information reasonably required for us to perform the services defined in the applicable SOW. Clients agree to designate a primary point of contact with sufficient authority to make decisions and provide approvals necessary for the progression of the engagement. Clients are responsible for maintaining current backups of their data and systems prior to any migration, integration, or other transformative work performed by Gondola Assets, unless backup services are explicitly included in the scope of the engagement. Clients are responsible for ensuring that their use of our services and deliverables complies with all applicable laws, regulations, and industry standards. Clients are responsible for obtaining and maintaining any third-party licenses, subscriptions, or approvals required for the systems we configure, integrate, or manage on their behalf. We rely on the accuracy and completeness of information provided by the Client.

7. Fees, Payment, and Billing

Fees for our services are set forth in the applicable SOW, service agreement, or proposal accepted by the Client. Fees may be structured as fixed-price project fees, time-and-materials billing at agreed hourly or daily rates, or recurring monthly fees for managed services engagements. Unless otherwise specified, all fees are stated in United States dollars and are exclusive of applicable taxes, which will be added to invoices where required by law. Payment terms are specified in the applicable service agreement. For standard engagements, invoices are due net thirty days from the invoice date unless otherwise agreed in writing. Late payments may accrue interest at the rate of one and one-half percent per month or the maximum rate permitted by applicable law, whichever is lower. We reserve the right to suspend or terminate services for non-payment after providing reasonable notice and an opportunity to cure the outstanding balance.

8. Confidentiality

Each party agrees to hold in strict confidence all Confidential Information disclosed by the other party and to use such Confidential Information solely for the purpose of performing obligations or exercising rights under these Terms of Service and the applicable service agreement. Each party shall use at least the same degree of care to protect the other party's Confidential Information as it uses to protect its own information of similar sensitivity, but in no event less than reasonable care. Neither party shall disclose the other party's Confidential Information to any third party without the disclosing party's prior written consent, except to employees, contractors, and professional advisors who have a legitimate need to know and are bound by confidentiality obligations at least as protective as those set forth herein. Confidential Information does not include publicly available information, previously possessed information, independently developed information, or rightfully obtained third-party information. The duty of confidentiality survives termination for three years, or indefinitely for trade secrets and personally identifiable information.

9. Warranties and Disclaimers

Gondola Assets warrants that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. This warranty is valid for a period of thirty days from the date of service delivery. For any breach of this warranty, your sole and exclusive remedy is re-performance of the non-conforming services at our expense or, if re-performance is not commercially practicable, a refund of fees paid for the non-conforming portion of the services.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, ALL SERVICES AND WEBSITE CONTENT ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GONDOLA ASSETS, LLC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GONDOLA ASSETS, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE USE OF OR INABILITY TO USE OUR WEBSITE, OR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO GONDOLA ASSETS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF THE REMEDIES PROVIDED UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless GONDOLA ASSETS, LLC, its affiliates, and its and their respective officers, directors, employees, agents, contractors, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees, including reasonable attorneys fees, arising out of or relating to your violation of these Terms of Service, your use of our website or services in a manner not authorized by these terms or applicable law, your infringement of any intellectual property or other right of any third party, or any claim that information or materials you provided to us caused damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. Termination

For website use, we may terminate or suspend your access to the website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to use the website will cease immediately. All provisions of these terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability. For service engagements, termination rights and procedures are defined in the applicable service agreement or SOW. Either party may terminate a service agreement for material breach by the other party if the breaching party fails to cure such breach within thirty days following written notice describing the breach in reasonable detail.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance of its obligations under these Terms of Service or any service agreement arising from causes beyond its reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot, civil unrest, epidemic or pandemic, government orders, embargoes, strikes, labor stoppages or slowdowns, utility or telecommunications failures, Internet service provider failures, and denial-of-service attacks. The affected party shall provide prompt notice and use reasonable efforts to resume performance. If the event continues for more than thirty days, either party may terminate the affected engagement upon written notice.

14. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms of Service, the website, or our services shall first be attempted to be resolved through informal negotiation. The party raising a dispute shall provide written notice describing the nature of the dispute and relief sought. The parties shall meet and confer in good faith within thirty days to attempt amicable resolution. If not resolved within sixty days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted by a single arbitrator in Utah County, Utah, or at a mutually agreed location. The arbitrator shall have authority to award the same damages and relief that a court could award. The award shall be final and binding, and judgment may be entered in any court having jurisdiction. Either party may seek injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm. Disputes will be resolved on an individual basis only, not as part of any class, consolidated, or representative action.

15. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Subject to the dispute resolution provisions above, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

16. General Provisions

Entire Agreement: These Terms of Service, together with any applicable SOW, service agreement, and our Privacy Policy, constitute the entire agreement between you and Gondola Assets. Severability: If any provision is found invalid, it shall be modified to the minimum extent necessary or severed, with remaining provisions continuing in full force. Waiver: No waiver shall be deemed a further or continuing waiver. Assignment: You may not assign your rights without our prior written consent; we may assign without restriction. Relationship: Each party is an independent contractor. No partnership, joint venture, employment, or agency relationship is created. Notices: All notices shall be in writing and delivered by email or certified mail to the addresses set forth in these terms.

17. Contact Information

GONDOLA ASSETS, LLC
1337 E 750 N
Orem, UT 84097-5480
United States of America

Email: service@gondolaassets.mom
Phone: +1 (509) 875-5889