These terms of service govern your access to and use of the website at https://www.kindnessravens.mom and the computer systems design and integration services provided by KindnessRavens, the engineering practice of A KINDNESS OF RAVENS PRINTING PRESS, LLC, with offices at 977 E Yale Ave, Salt Lake City, UT 84105-1422, United States. In these terms, the terms we, us, and our refer to that company and its engineering team. The terms you and your refer to the person or organization that accesses the website or receives our services. Please read these terms carefully before using the website or engaging our services. By using the website, you agree to be bound by these terms. If you engage our services, a work order or statement of work will supplement these terms and set out the specific details of your project.
01Acceptance of These Terms
By accessing our website, you accept these terms and agree to be bound by them. If you do not agree with any part of these terms, you should not use the website and should not engage our services. When you enter into a work order or statement of work for services, you confirm that you have read, understood, and accepted these terms together with that document. If you accept these terms on behalf of an organization, you represent that you have the authority to bind that organization. Our services are available only to persons who can form legally binding contracts. We may update these terms as described in the changes section, and continued use after an update constitutes acceptance of the revised terms. Acceptance of these terms is a condition of using the website and of every engagement we enter into. Where a work order conflicts with these terms, the work order controls for that engagement unless these terms state otherwise.
02The Company and Scope of Agreement
The services described in these terms are provided by A KINDNESS OF RAVENS PRINTING PRESS, LLC, doing business through the KindnessRavens engineering practice. The company operates in the computer systems design and related services industry and the computer integrated systems design industry. Our work includes designing computer systems, engineering networks, integrating systems and software, migrating to cloud platforms, and providing managed operations and support. These terms apply to the website and to all services we provide, unless a separate written agreement expressly replaces them. Each engagement is described in a work order, proposal, or statement of work that identifies the deliverables, the timeline, and the fees. Where those documents are silent, these terms govern. We reserve the right to refuse any engagement, and we will provide a written reason when we do. Nothing in these terms creates a partnership, joint venture, or employment relationship between us.
03Eligibility
Our website and services are intended for businesses and adult individuals who are at least eighteen years old. By using the website or engaging our services, you confirm that you are at least eighteen years old and that you have the legal capacity to enter into a binding agreement. If you use our services on behalf of an organization, you confirm that you are authorized to represent that organization. We may require proof of identity or authority before beginning an engagement. We may decline service to any person or organization at our discretion, consistent with applicable law. Individuals under eighteen may use the website only under the supervision of a parent or guardian. We do not knowingly provide services to persons who are prohibited from receiving them under applicable law. If we learn that an account or engagement was created by an ineligible person, we may suspend or terminate it. Your continued eligibility is a condition of these terms.
04Description of Services
Our services fall into two broad categories described throughout this site. The first is computer systems design and related services, which covers the planning, design, specification, and documentation of computer systems and infrastructure. The second is computer integrated systems design, which covers the integration of software with hardware and the automation of connected production and business systems. We also provide network engineering, cloud migration, data management, and managed operations and support. Service details, deliverables, and timelines are defined in the work order or statement of work for each engagement. We perform our services with professional skill and care, consistent with the standards of our industry. We may use subcontractors to perform parts of an engagement, and we remain responsible for their work as if we had performed it ourselves. All services are provided subject to availability and to the payment terms in these terms. We will not begin work that depends on information or approvals you have not provided.
05Website Use and Access
You may access and browse our website for lawful purposes only. We grant you a limited, revocable, non-exclusive, non-transferable right to use the website for its intended purpose. You agree not to use the website in any way that damages, disables, or impairs it, or that interferes with another user access. You may not attempt to gain unauthorized access to any part of the website, our servers, or connected systems. You may not collect information from the website using automated means without our prior written permission. The website content is provided for general information and does not constitute professional advice specific to your circumstances. We may modify, suspend, or discontinue any part of the website at any time. We are not liable for temporary unavailability of the website caused by maintenance, outages, or events beyond our control. Your use of the website does not give you any rights in its content or design. We monitor the website for security and may block access that we reasonably suspect is abusive.
06Accounts and Registration
Some of our services may require you to create an account or register a profile. When you register, you agree to provide accurate, current, and complete information and to update it when it changes. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us promptly if you suspect unauthorized use of your account. We are not liable for losses caused by your failure to protect your credentials. We may suspend or close an account that is inactive, misused, or created with false information. Account information is handled in accordance with our privacy policy. We do not share your account credentials with any third party. Where we create accounts or credentials on your behalf as part of a project, we will hand them over securely and advise you to change them. You may request deletion of your account at any time by contacting us. Registration does not create any obligation on our part to provide services.
07Acceptable Use and Prohibited Conduct
You agree not to misuse our website or services. Prohibited conduct includes attempting to breach or circumvent security controls, introducing malicious software, and probing or scanning our systems without permission. You may not use our services to transmit unlawful content, to harass or defame any person, or to infringe the rights of others. You may not use our services to store or process data in violation of applicable law. You may not resell our services or offer them as your own without our written consent. You may not copy, reproduce, or redistribute our website content without permission. You may not interfere with the operation of the website or the systems we manage. You may not impersonate another person or misrepresent your affiliation with us. We may investigate suspected violations and cooperate with law enforcement as required. If we reasonably believe you have engaged in prohibited conduct, we may suspend access and terminate the engagement. Our security team reviews activity logs to detect and prevent misuse.
08Intellectual Property Rights
Our website, its design, text, graphics, and code are protected by intellectual property law and belong to us or our licensors. The KindnessRavens name, the raven mark, and our logos are trademarks of the company. You may not use our trademarks or branding without our prior written permission. We retain ownership of all materials we create for our own use, including methods, tools, templates, and internal documentation. Deliverables we create specifically for your project are described in the work order, and the work order defines which rights pass to you. Unless a work order states otherwise, we retain ownership of our pre-existing materials and grant you a license to use the deliverables for your business purposes. You may not reverse engineer our proprietary tools or use them to compete with us. If you provide us with materials, you represent that you own them or have the right to use them. Each party retains ownership of its own confidential information as described in the confidentiality section.
09Client Responsibilities
You are responsible for providing the access, information, and decisions we need to perform our services. This includes granting reasonable access to your premises and systems, providing accurate information about your environment, and responding to our questions in a timely manner. You agree to designate a single point of contact for each engagement so that communication is clear. You are responsible for obtaining and maintaining any licenses, consents, and permissions required for your own systems and data. You must provide us with a safe and lawful working environment for any on-site work. Delays caused by missing information, access, or decisions may extend the timeline and affect fees. You agree to review and approve deliverables such as designs and proofs within the timeframes we agree. If you do not respond to a request for approval, the timeline may proceed as if approval was given after the stated deadline. Your cooperation is an essential part of every successful engagement.
10Project Scope and Work Orders
Every engagement is defined by a work order, proposal, or statement of work that describes the services, deliverables, timeline, and fees. We will not begin work until the scope is agreed in writing. Work that is not described in the agreed scope is considered out of scope and is quoted separately. If you request changes to the scope after work has begun, we will provide a written estimate of the additional time and cost before proceeding. A change becomes part of the engagement only when both parties agree in writing. We rely on the accuracy of the information you provide when preparing estimates, and significant changes to that information may require a revised estimate. The work order is the controlling document for the specific engagement and supplements these terms. Where the work order does not address a matter, these terms apply. We will notify you promptly if a technical constraint requires a change to the agreed approach. Both parties agree to negotiate changes in good faith.
11Fees and Payment
Fees for our services are stated in the work order or proposal and may be quoted as a fixed price or on a time and materials basis. Time and materials engagements are billed at our standard rates for the hours actually worked. Fees do not include taxes, which are addressed separately. We may require a deposit before beginning a project, and the deposit is applied to the final invoice. Invoices are payable within the period stated on the invoice, normally thirty days. If a payment is not received by the due date, we may pause work until the account is current. Late payments may incur a reasonable interest charge at the maximum rate permitted by law. Fees for recurring services, such as managed operations, are billed in advance for each service period. We may adjust rates for ongoing services with reasonable written notice. Payment obligations survive the end of an engagement for work already delivered. We do not begin work or continue work without agreed payment terms.
12Invoices and Taxes
We issue an invoice for every charge, and each invoice identifies the services, the period, and the amounts due. You agree to pay all applicable taxes, duties, and government charges related to the services, excluding taxes on our income. Where we are required by law to collect a tax, we will add it to the invoice and remit it to the appropriate authority. You should provide a valid tax identifier where required so that tax is applied correctly. If you are exempt from a tax, you must provide a valid exemption certificate before the invoice is issued. We are not responsible for taxes that result from your failure to provide accurate information. Invoices are sent by email to the address on file, and you should review each invoice promptly and notify us of any error. Requests for invoice corrections must be made within the period stated on the invoice. Disputes over an invoice do not suspend the requirement to pay undisputed amounts. We maintain records required by law and retain them for the periods required.
13Delivery, Acceptance, and Inspection
Deliverables are provided on the schedule set out in the work order. Where no schedule is stated, we will deliver within a reasonable time. When we deliver a deliverable, we will provide you with the opportunity to inspect it against the agreed specification. You agree to review each deliverable and either accept it or provide a written list of defects within the acceptance period in the work order, normally ten business days. If you identify defects, we will correct them and resubmit for acceptance. A deliverable is accepted when you approve it in writing or when the acceptance period expires without a written defect list. Corrections requested after acceptance are treated as new work and quoted separately, unless they result from a defect that existed at delivery. We will provide reasonable support to help you install and operate deliverables. Acceptance of a deliverable confirms that it meets the specification. No deliverable is considered complete until accepted under this section.
14Cancellation and Refunds
You may cancel a project before work begins and receive a full refund of any deposit, less any costs we have already incurred. If you cancel after work has begun, you are responsible for payment for work completed and costs incurred up to the date of cancellation. Fixed price projects are billed on the basis of the percentage of the project completed at cancellation. Deposits are applied first to work completed before any refund is calculated. We may cancel an engagement if you materially breach these terms and do not cure the breach within the notice period. If we cancel for cause, you are responsible for payment for work completed and for our reasonable costs. Recurring services may be cancelled with the notice period stated in the service agreement. We do not provide refunds for services already performed. Any refund is paid to the original payment method within thirty days. Cancellation does not release either party from obligations that survive termination, including confidentiality and payment obligations.
15Warranties and Disclaimers
We warrant that our services will be performed with reasonable skill and care and that deliverables will conform to the agreed specification. We warrant that we have the right to provide the services. Except for the express warranties in this section, we provide the website and our services as available and without warranties of any kind, whether express or implied. We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law. We do not warrant that the website will be uninterrupted or error-free, or that results will meet your expectations. We do not warrant that any third party software, hardware, or service we integrate will be free of defects. Third party products are subject to the warranties of their own manufacturers. Some jurisdictions do not allow the exclusion of certain warranties, so some of these limitations may not apply to you. Our warranties run to you and not to third parties. If we fail to meet a warranty, your exclusive remedy is the correction of the defect or a refund of the related fees.
16Limitation of Liability
To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to these terms or our services. Our total liability for all claims arising out of an engagement, whether in contract, tort, or otherwise, is limited to the amount you paid us for that engagement in the twelve months before the claim. Nothing in these terms limits liability that cannot be limited by law, including liability for gross negligence, willful misconduct, or fraud. We are not liable for failures caused by events beyond our reasonable control. We are not liable for damages caused by your own systems, data, or actions. You are responsible for maintaining backups of your own data. The limitations in this section apply even if we were advised of the possibility of the damages. If a jurisdiction does not allow a limitation described here, liability will be limited to the greatest extent permitted. This section is an allocation of risk agreed by both parties.
17Indemnification
You agree to indemnify, defend, and hold harmless the company, its employees, contractors, and agents from and against all claims, damages, losses, liabilities, and reasonable expenses arising out of or related to your use of the website or our services. This includes claims arising from content or data you provide, from your breach of these terms, from your violation of applicable law, and from your infringement of third party rights. We will notify you promptly of any claim, allow you to control the defense, and cooperate in the defense at your expense. You may not settle a claim in a way that imposes liability or obligations on us without our written consent. We have the right to participate in the defense with counsel of our own choice at our expense. If your use of the website or services is prohibited by law, this indemnity applies to the fullest extent permitted. This section survives the termination of these terms. We will provide reasonable assistance to you in defending covered claims. Your obligation to indemnify applies only to the extent the claim is not caused by our own gross negligence or willful misconduct.
18Confidentiality
Each party may receive confidential information from the other in connection with an engagement. Confidential information includes technical designs, business plans, pricing, client data, and any information marked confidential or reasonably understood to be confidential. The receiving party agrees to keep confidential information in confidence, to use it only to perform its obligations, and to protect it with at least the same care it applies to its own confidential information. The receiving party may disclose confidential information to employees and contractors who need it and who are bound by similar obligations. Confidential information does not include information that is publicly available through no fault of the receiving party, information already known to the receiving party without obligation, information independently developed, or information rightfully received from a third party. A party may disclose confidential information if required by law, after notifying the other party where practicable. Confidential obligations survive the end of the engagement. Upon request, each party will return or destroy the other confidential information. We protect our clients operational details with the same care we protect our own.
19Data Protection and Privacy
Personal information is processed in accordance with our privacy policy, which is available at /privacy and is incorporated into these terms by reference. You agree that our privacy policy explains how we handle personal information. Where you provide us with data belonging to third parties, you represent that you have the right to provide it and that our processing of it complies with your obligations. We will process data you entrust to us only for the purposes of the engagement and in accordance with your instructions. We maintain reasonable security measures to protect data we hold. Where we act as a processor on your behalf, the parties will comply with applicable data protection law. We do not sell personal information. We will notify you of any data security incident that affects your data, without undue delay. You are responsible for the accuracy of the data you provide. Our privacy policy describes your rights and how to exercise them. If a conflict arises between this section and the privacy policy, the privacy policy governs matters of privacy.
20Third Party Services and Links
Our website and services may include links to third party websites, and our projects may involve integrating third party hardware or software. Third party products and services are governed by the terms and policies of their providers. We are not responsible for the availability, content, or practices of third party sites. When you follow a link to a third party site, you do so at your own discretion and subject to that site terms. Where we integrate third party products on your behalf, we will identify them in the work order, and you are responsible for reviewing and accepting their licenses and terms. We are not a party to your agreements with third party providers. We are not liable for the acts or omissions of third party providers. You agree to comply with all third party terms that apply to products used in your project. We may recommend a product based on your requirements, but the final decision and the related responsibility are yours. We are not liable for defects in third party products beyond the warranties of their manufacturers.
21Force Majeure
Neither party is liable for failure or delay in performance caused by events beyond its reasonable control. These events include natural disasters, severe weather, fires, floods, earthquakes, and epidemics. They also include war, terrorism, civil unrest, government action, labor disputes, power failures, telecommunications failures, and failures of third party internet infrastructure. If a force majeure event occurs, the affected party will notify the other party promptly and will use reasonable efforts to resume performance as soon as practicable. The party affected by the event is excused from performance for the duration of the event. If the event continues for more than thirty days, either party may terminate the affected engagement with written notice. Payment obligations for services already performed remain in effect. We will make commercially reasonable efforts to maintain our systems during such events and to restore services promptly. This section does not excuse a party from obligations that are not affected by the event. Both parties agree to cooperate to minimize the impact of any such event.
22Term and Termination
These terms take effect when you first access the website and remain in effect until terminated. A specific engagement is governed by its work order and ends when the work is complete or when terminated as described here. Either party may terminate an engagement for cause if the other party materially breaches these terms or the work order and does not cure the breach within thirty days of written notice. A party may terminate immediately if the other party becomes insolvent or begins bankruptcy proceedings. We may suspend or terminate access to the website for any user who violates these terms. On termination, you must pay for all work completed and costs incurred to the date of termination. Each party will return or destroy the other confidential information as described in the confidentiality section. Sections that reasonably survive termination, including payment, confidentiality, warranties, limitation of liability, and indemnification, remain in effect. Termination does not create a refund except as described in the cancellation section. We will provide reasonable assistance to transition deliverables after termination.
23Governing Law
These terms and all engagements are governed by the laws of the State of Utah, United States, without regard to its conflict of law provisions. The state and federal courts located in Salt Lake County, Utah have exclusive jurisdiction over any dispute arising out of these terms, except as provided in the dispute resolution section. You agree to submit to the personal jurisdiction of those courts. This governing law provision applies to the fullest extent permitted by law. If you are located outside the United States, you still agree to these terms and the choice of Utah law. We do not represent that our website is appropriate or available in locations outside the United States. If you access the website from another jurisdiction, you do so on your own initiative and are responsible for complying with local law. Mandatory provisions of your local law that cannot be waived will continue to apply. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.
24Dispute Resolution
We prefer to resolve disputes informally and fairly. Before starting any legal proceeding, you agree to contact us in writing and to work in good faith to resolve the matter within thirty days. If the parties cannot resolve the dispute informally, either party may bring proceedings in the courts described in the governing law section. To the maximum extent permitted by law, any claim must be brought within one year after the claim arises, or it is permanently barred. Claims may not be brought as a class action or consolidated with claims of others. This dispute resolution section does not prevent either party from seeking injunctive relief to protect its confidential information or intellectual property. Nothing in this section waives rights that cannot be waived by law. We will always consider good faith negotiation before formal proceedings. The party that prevails in any formal proceeding may recover its reasonable attorney fees and costs. You agree that proceedings will be conducted in English. We value our client relationships and will make every reasonable effort to reach a fair resolution.
25Severability and Waiver
If any provision of these terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions will continue in full force. Our failure to enforce a provision is not a waiver of that provision. A waiver is effective only if it is in writing and signed by the waiving party. No course of dealing or course of performance between the parties creates a waiver. The invalidity of a provision in one jurisdiction does not affect its validity in other jurisdictions. Both parties intend that this agreement will be enforced as closely as possible to its stated terms. If a modified provision would fail in its essential purpose, the parties will negotiate a replacement in good faith. The headings in these terms are for convenience only and do not affect their meaning. This section preserves the balance of the agreement if any part cannot be enforced. The parties acknowledge that they have read and understood the effect of this section.
26Entire Agreement
These terms, together with any work order or statement of work, constitute the entire agreement between you and us concerning the website and our services. They replace all prior and contemporaneous agreements, understandings, representations, and communications on the subject. We are not bound by any statement, promotion, or representation that is not contained in these terms or an agreed work order. You acknowledge that you have not relied on any statement outside these documents. Amendments to these terms are effective only when made in writing as described in the changes section. A work order amendment is effective only when signed by both parties. The parties agree that no electronic signatures in these documents have been created or relied upon in a manner that violates applicable law. If there is a conflict between these terms and a work order, the work order controls for that engagement. In all other cases, these terms control. This section does not exclude liability for fraudulent misrepresentation.
27Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent. Any attempted assignment without consent is void. We may assign or transfer our rights and obligations under these terms, in whole or in part, to a successor in connection with a merger, acquisition, or sale of assets, and we will notify you of any such assignment. This section also applies to engagements under work orders. You may not subcontract your obligations under these terms without our consent. We may use subcontractors to perform our work as described in these terms. This agreement binds and benefits the parties and their permitted successors and assigns. Nothing in these terms gives rights to third parties. Your obligations under these terms continue after any permitted assignment. If we consent to an assignment, the assignee must agree in writing to be bound by these terms. The restrictions in this section are an essential part of the agreement between us.
28Electronic Communications
When you use our website or contact us, you agree to receive communications from us electronically, including by email and through the website. You agree that electronic communications satisfy any legal requirement that communications be in writing. We may send you service messages, invoices, notices, and updates related to an engagement by email. You are responsible for keeping your contact details current. To withdraw consent to electronic communications, you may notify us, although service messages required for active engagements will continue where necessary. Electronic communications are considered delivered when sent to the email address you provided. We will not be liable for communications that fail due to an incorrect or inactive address. You agree to use electronic communications lawfully and to protect any credentials we issue. We recommend that you do not send sensitive information by unencrypted email. This section does not waive any legal requirement that certain documents be provided in physical form.
29Changes to These Terms
We may update these terms from time to time to reflect changes in our services, our business, or the law. When we make material changes, we will update the effective date at the top of this page and provide notice through the website. Changes take effect on the date they are posted unless we state otherwise. Your continued use of the website or of an active engagement after changes are posted constitutes acceptance of the revised terms. Where a change requires your consent under applicable law, we will obtain that consent. We will describe significant changes clearly so you can understand what has changed. If you do not agree with a revised term, you may stop using the website and, for an active engagement, notify us so we can discuss the transition. Terms in effect at the start of an engagement continue to govern that engagement unless both parties agree otherwise in writing. We recommend that you review these terms periodically. The most current version is always available on this page.
30Notices
Notices under these terms must be in writing and delivered by email, by recognized courier, or by certified mail. Notices to us are sent to update@kindnessravens.mom or to A KINDNESS OF RAVENS PRINTING PRESS, LLC, 977 E Yale Ave, Salt Lake City, UT 84105-1422, United States. Notices to you are sent to the contact details you provide. A notice is considered delivered when sent by email, or when delivered by courier or mail. We will confirm receipt of notices that require a response. You agree to update us promptly if your contact details change. Email notices are deemed received on the date sent unless we receive a delivery failure notice. Notices sent by mail are deemed received on the date of delivery or five business days after mailing, whichever is earlier. Both parties agree that these methods are reasonable. Urgent operational matters may be handled by telephone, followed by a written notice where required. This section does not restrict the use of electronic communications described elsewhere.
31Contact Information
If you have questions about these terms or need to contact us about an engagement, you may reach us by any of the following means. Our postal address is A KINDNESS OF RAVENS PRINTING PRESS, LLC, 977 E Yale Ave, Salt Lake City, UT 84105-1422, United States. Our email address is update@kindnessravens.mom. Our telephone number is +16676478121. We will respond to inquiries within one business day when possible. Please include the relevant project reference or your account details so we can respond accurately. Legal notices should be sent to the postal address above or to our email address, as described in the notices section. We will handle your questions about these terms promptly and in plain language. If you are a client with an active engagement, your work order identifies the engineer assigned to your project. We appreciate the opportunity to work with you and we are committed to a fair and transparent relationship.
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