Terms of Service

Last Updated: January 1, 2025

These Terms of Service ("Terms") govern your access to and use of the website www.fopp.shop and any services provided by Foppa Consulting LLC ("Company," "we," "our," or "us"), a limited liability company registered in the State of Colorado, United States.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Services

Foppa Consulting LLC provides professional technology services including, but not limited to:

• Computer systems design and architecture
• Computer integrated systems design and implementation
• Technical consulting and advisory services
• Cloud architecture and migration
• Cybersecurity assessment and solutions
• Data analytics and business intelligence
• IT infrastructure planning and deployment
• Ongoing systems management and support

The specific scope, deliverables, timelines, and fees for any engagement will be outlined in a separate Statement of Work (SOW) or service agreement between you and Foppa Consulting LLC.

2. Use of Website

2.1 Permitted Use

You may use our website for lawful purposes only. You agree to use the website in accordance with all applicable local, state, national, and international laws and regulations.

2.2 Prohibited Activities

You agree not to:

• Use the website in any way that violates any applicable law or regulation
• Attempt to gain unauthorized access to any portion of the website or any systems connected to the website
• Use any automated system, including robots, spiders, or scrapers, to access the website
• Introduce viruses, trojans, worms, or other malicious code
• Interfere with or disrupt the integrity or performance of the website
• Collect or harvest any personally identifiable information from the website
• Use the website to transmit unsolicited commercial communications
• Impersonate any person or entity or misrepresent your affiliation

3. Intellectual Property

3.1 Our Content

All content on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Foppa Consulting LLC or its content suppliers and is protected by United States and international copyright laws.

3.2 Trademarks

The Foppa Consulting LLC name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Foppa Consulting LLC. You may not use such marks without our prior written permission.

3.3 Client Deliverables

Ownership of work product and deliverables created during a service engagement will be governed by the terms of the applicable Statement of Work or service agreement. Unless otherwise specified in writing, upon full payment, clients receive ownership of custom deliverables created specifically for their engagement.

4. Service Agreements

4.1 Proposals and Statements of Work

All professional services engagements require a signed Statement of Work (SOW) or service agreement that defines the scope, timeline, deliverables, and compensation. These Terms supplement but do not replace the terms of any signed service agreement.

4.2 Payment Terms

Payment terms will be specified in the applicable service agreement. Unless otherwise agreed:

• Invoices are due within thirty (30) days of receipt
• Late payments may incur interest at the rate of 1.5% per month
• We reserve the right to suspend services for overdue accounts
• All fees are in US dollars unless otherwise specified

4.3 Cancellation

Either party may terminate a service engagement in accordance with the cancellation provisions set forth in the applicable service agreement. In the absence of specific cancellation provisions, either party may terminate with thirty (30) days written notice.

5. Confidentiality

We understand the sensitive nature of the information shared during consulting engagements. We agree to:

• Treat all client information as confidential unless publicly available
• Use client information only for the purpose of delivering agreed services
• Implement appropriate safeguards to protect confidential information
• Not disclose confidential information to third parties without prior written consent
• Return or destroy confidential information upon termination of the engagement

Specific confidentiality obligations may be further defined in a Non-Disclosure Agreement (NDA) or service agreement.

6. Warranties and Disclaimers

6.1 Service Warranty

We warrant that our professional services will be performed in a workmanlike manner consistent with generally accepted industry standards. If services do not meet this standard, we will re-perform the deficient services at no additional charge, provided you notify us within thirty (30) days of delivery.

6.2 Website Disclaimer

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOPPA CONSULTING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our website or services
• Any conduct or content of any third party
• Any content obtained from our website
• Unauthorized access, use, or alteration of your data

Our total liability for any claims arising from or related to these Terms or our services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Foppa Consulting LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

9. Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law principles.

9.2 Arbitration

Any dispute arising from or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the State of Colorado.

9.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

10. Force Majeure

Neither party shall be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, Internet or power outages, or strikes.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

12. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Foppa Consulting LLC regarding the use of our website. Any separate service agreement will take precedence over these Terms in the event of a conflict, but only to the extent of the specific engagement covered by that agreement.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of the website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Contact Information

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

Foppa Consulting LLC
15620 Akron St
Brighton, CO 80602
United States

Email: support@fopp.shop
Phone: +1 (430) 786-4466
Website: www.fopp.shop