Terms of Service
These Terms of Service ("Terms") govern your access to and use of the website at cronkcompanies.com and the consulting, software development, and systems integration services (the "Services") provided by Cronk Companies LLC ("Cronk Companies," "we," "us," or "our"). By accessing our website or engaging our Services, you agree to these Terms.
1. Services
Cronk Companies provides professional consulting, custom software development, data, and systems integration services. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate written proposal, statement of work, or engagement agreement ("Engagement Agreement"). In the event of a conflict between these Terms and an Engagement Agreement, the Engagement Agreement controls for that engagement.
2. Proposals and Estimates
Proposals and estimates are provided for planning purposes and are valid for the period stated. Work does not begin until a proposal or Engagement Agreement is accepted in writing.
3. Fees and Payment
- Fees are as set out in the applicable Engagement Agreement.
- Invoices are due within the period stated on the invoice (net 14 days unless otherwise specified).
- Payments are processed through third-party processors (such as Stripe and Wise). Applicable taxes may be added where required.
- Late payments may be subject to a reasonable late fee and may result in suspension of work.
4. Client Responsibilities
You agree to provide timely access to the information, personnel, systems, and approvals reasonably necessary for us to perform the Services. Delays in providing these may affect timelines and costs.
5. Intellectual Property
Unless otherwise stated in an Engagement Agreement, upon full payment you own the custom deliverables we create specifically for you. We retain ownership of our pre-existing materials, tools, methods, and general know-how, and may reuse general skills and experience gained. We may use non-confidential, general descriptions of the work for portfolio and marketing purposes unless you request otherwise in writing.
6. Confidentiality
Each party agrees to protect the other's confidential information and use it only as needed to perform or receive the Services. This obligation survives completion of the engagement.
7. Warranties and Disclaimers
We perform the Services in a professional and workmanlike manner. Except as expressly stated in an Engagement Agreement, the Services and website are provided "as is" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
To the maximum extent permitted by law, Cronk Companies will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our total liability arising out of or relating to an engagement will not exceed the fees paid to us for that engagement.
9. Term and Termination
Either party may terminate an engagement as provided in the applicable Engagement Agreement. Upon termination, you agree to pay for Services performed and expenses incurred through the effective date of termination.
10. Governing Law
These Terms are governed by the laws of the State of Minnesota, USA, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Minnesota.
11. Changes to These Terms
We may update these Terms from time to time. Changes are effective when posted with a revised "Last updated" date. Your continued use of the website or Services after changes take effect constitutes acceptance.
12. Contact
Cronk Companies LLC
Minnesota, USA
Email:
justin@cronkcompanies.com