These Terms and Conditions (hereinafter referred to as “Agreement”) apply to the consultation services provided by Appricotsoft Taras Gopko, NIP 6793238046, a software development company (hereinafter referred to as “Consultant”), to its clients (hereinafter referred to as “Client”) and govern the contractual relationship between the Consultant and the Client. By using the consultation services of the Consultant, the Client agrees to be bound by the terms and conditions set forth in this Agreement.
The Consultant shall provide consultation services to the Client on software development projects as per the Client’s requirements. The Consultant shall make every effort to provide accurate and valuable advice to the Client. The Consultant shall not be responsible for the implementation of the recommendations made during the consultation.
The fees for the consultation services shall be agreed upon between the Consultant and the Client before the commencement of the consultation services. The fees may be adjusted if the scope of the services changes, and such changes shall be agreed upon by both parties in writing. The fees shall be paid by the Client in accordance with the agreed payment terms. The following fee rates apply for standard consultation services:
Standart – 50 USD / Consultation
Premium – 500 USD / Consultation
The Consultant shall maintain confidentiality of all information disclosed by the Client during the consultation services. The Consultant shall not disclose any such information to any third party without the prior written consent of the Client. The confidentiality obligations shall survive the termination of this Agreement.
Any intellectual property created during the consultation services shall be owned by the Client. The Consultant shall not have any claim or right to such intellectual property. The Consultant shall not use or disclose any confidential information or intellectual property of the Client without the prior written consent of the Client.
WARRANTIES AND REPRESENTATIONS:
The Consultant represents and warrants that it has the necessary skills and expertise to provide the consultation services to the Client. The Consultant further represents and warrants that the consultation services shall be performed in a professional and workmanlike manner. The Consultant does not make any other warranties or representations, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY:
The Consultant shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the consultation services provided under this Agreement. The liability of the Consultant shall be limited to the amount paid by the Client for the consultation services.
Either party may terminate this Agreement at any time by giving written notice to the other party. Upon termination, the Client shall pay the Consultant for all services rendered up to the date of termination.
GOVERNING LAW AND JURISDICTION:
This Agreement shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of laws provisions. Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the Polish Arbitration Association, and the decision of the arbitrator shall be binding on both parties.
This Agreement constitutes the entire agreement between the Consultant and the Client and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
This Agreement may be amended or modified only by a written instrument executed by both parties.
The Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the Consultant.
No waiver by either party of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision.