1. Introduction
These Terms of Service govern your access to and use of the website at cayegibson.mom and the computer systems design and integration services offered by Cassie Caye Gibson LLC. The company is a computer systems design and integration firm with its principal place of business at 14364 S Ashvale Dr, Herriman - 84096-1221, United States (US).
Please read these terms carefully before using the website or engaging the services. By accessing the website or by entering into any engagement with the company, you agree to be bound by these terms. If you do not agree to these terms, you must not use the website or the services.
Where these terms use the words we, our, or us, they refer to Cassie Caye Gibson LLC. The words you and your refer to the visitor, the prospective client, or the client, as the context requires.
2. Acceptance of These Terms
Your use of the website constitutes acceptance of these terms as they appear on the date of your visit. Your engagement of any service constitutes acceptance of these terms together with the specific terms of the applicable proposal or statement of work.
The company may revise these terms at any time by posting a revised version on the website. The revised version takes effect when it is posted, unless a later effective date is stated. You are responsible for reviewing these terms periodically to stay informed of any changes.
If any term in these terms conflicts with a term in a signed proposal or statement of work, the signed document governs that specific engagement.
3. The Company and Its Services
Cassie Caye Gibson LLC provides professional and technical services in the field of computer systems design and related services. The company designs systems architecture, integrates software and platforms, engineers infrastructure and cloud environments, applies security and compliance controls, and operates managed IT environments for business clients.
The services are developed and operated on behalf of the company by the developer CayeGibson. All references to the delivery of services in these terms apply equally to the developer acting for the company.
The company serves clients across the United States and internationally from its headquarters in Herriman, Utah. Engagement terms may be adjusted to reflect the jurisdiction in which the client operates, subject to applicable law.
4. Eligibility to Use the Services
The website and the services are intended for use by business entities and by individuals acting in a professional capacity. By using the website or the services, you represent that you have the legal authority to bind yourself or the entity you represent to these terms.
If you are entering into an agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have that authority, you must not enter into any engagement on behalf of the entity.
The services are not directed to individuals under the age of eighteen. If you are under eighteen years of age, you must not use the services and must not submit personal information through the website.
5. Description of Services
The company offers the following categories of services, each of which is described in more detail on the services page of this website.
Systems Architecture Design
Design of target-state system architecture, including current-state discovery, topology mapping, capacity planning, high-availability design, and disaster recovery planning.
Software and Platform Integration
Connection of business applications and data platforms, including API design, middleware and connector development, data mapping, and verified data migration.
Infrastructure and Cloud Engineering
Engineering of on-premises and cloud infrastructure, including network design, virtualization, containerization, orchestration, and infrastructure-as-code automation.
Security and Compliance
Security posture assessment, hardening, identity and access architecture, monitoring, and the collection of evidence required for audits and compliance programs.
Managed IT Operations
Ongoing operation of client environments, including monitoring, patch management, backup verification, capacity review, and continuous tuning.
Support Desk
Incident response and resolution through a support desk available around the clock, governed by the response commitments in the applicable service agreement.
The precise scope of any engagement is defined in the applicable proposal or statement of work. These terms describe the framework within which all engagements operate.
6. Proposals, Statements of Work, and Fees
Each engagement begins with a written proposal or statement of work that defines the services to be provided, the deliverables, the timeline, the fees, and the payment schedule. The client accepts the proposal by signing it or by the other means specified in the document.
Fees are stated in United States dollars unless otherwise agreed. Unless a proposal states otherwise, fees are exclusive of applicable taxes, duties, and levies, which the client is responsible for paying.
Work that falls outside the defined scope, or changes requested after the scope is agreed, may be quoted separately. The company will not perform material out-of-scope work without the prior approval of the client.
Invoices are payable within the period stated on the invoice. The company may suspend work on an engagement if an invoice remains unpaid beyond its due date, after reasonable notice has been given.
7. Client Responsibilities
For the services to be delivered successfully, the client agrees to cooperate in the ways described below.
Access and Information
The client will provide reasonable access to its systems, facilities, documentation, and personnel as required for the engagement, and will provide accurate and complete information about its environment and requirements.
Decision Making
The client will designate an authorised representative with the authority to review deliverables, approve milestones, and resolve issues during the engagement.
Credentials and Authorisation
The client will provide credentials, permissions, and written authorisation necessary for the company to perform the work, and will not grant more access than is reasonably required.
Timely Feedback
The client will review deliverables and provide feedback within the time frames stated in the proposal. Delays in feedback may extend the delivery timeline accordingly.
8. Acceptance, Testing, and Delivery
Deliverables are considered complete when they satisfy the acceptance criteria stated in the applicable proposal or statement of work. The client will have a reasonable period to test deliverables against those criteria before sign-off.
If a deliverable does not meet the stated acceptance criteria, the client will provide a written description of the deficiency, and the company will correct the deficiency at no additional cost, provided the deficiency results from the failure of the deliverable to meet the agreed criteria.
Changes requested after acceptance that are not covered by the acceptance criteria may be treated as additional work and quoted separately. Delivery is complete when the client signs off on the deliverable or when the acceptance period passes without objection.
9. Intellectual Property Rights
The company retains ownership of all intellectual property it creates in the course of its business, including its methods, tools, frameworks, software libraries, templates, and documentation, to the extent such material is developed independently of a specific client engagement.
For work product created specifically for a client engagement, the company grants the client a perpetual, non-exclusive, royalty-free license to use that work product for the clients internal business purposes, once the applicable fees have been paid in full.
Nothing in these terms transfers ownership of any pre-existing intellectual property to either party. Any pre-existing material shared by a client with the company remains the property of the client.
The client grants the company a limited, revocable license to use the client name and logo in a public portfolio, unless the client requests otherwise in writing.
10. Confidential Information
Both parties may disclose information to the other that is confidential in nature, including business plans, technical designs, customer data, financial information, and the terms of the engagement itself.
Confidential information will be used only for the purpose of the engagement and will not be disclosed to third parties, except to the employees, contractors, and advisers of the receiving party who need it to perform the engagement and who are bound by comparable confidentiality 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, or information independently developed by the receiving party.
The obligations of this section survive the termination of the engagement for a period of five years, or longer where required by applicable law.
11. Warranties and Disclaimers
The company warrants that it will perform the services in a professional and workmanlike manner, in accordance with generally accepted industry standards, and in conformity with the applicable proposal or statement of work.
The company further warrants that it will not knowingly introduce malicious code into the client systems and that the work product will not infringe the intellectual property rights of any third party, to the best of the company knowledge.
Except for the warranties expressly stated in these terms, the services are provided on an as-is and as-available basis. The company makes no other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.
No warranty covers failures that result from client modifications, misuse, third-party interference, or circumstances outside the reasonable control of the company.
12. Limitation of Liability
To the maximum extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or loss of business opportunity, arising out of or related to these terms or the services, regardless of the form of action.
The aggregate liability of each party for all claims arising out of or related to these terms or the services will not exceed the total fees paid or payable by the client for the specific engagement giving rise to the claim, over the twelve-month period preceding the claim.
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited or excluded under applicable law.
13. Indemnification
The client agrees to indemnify and hold harmless the company and its officers, employees, contractors, and agents from and against any claims, damages, liabilities, and reasonable expenses arising out of the clients use of the services, the clients breach of these terms, or the clients violation of applicable law.
The company agrees to indemnify the client against third-party claims alleging that the work product delivered to the client infringes the intellectual property rights of the third party, provided the client gives the company prompt written notice, sole control over the defense, and reasonable cooperation.
Indemnification obligations survive the termination of these terms and any engagement under them.
14. Data and Security Responsibilities
The client retains ownership of, and responsibility for, the client data involved in any engagement. The client is responsible for ensuring that it has the legal right to provide that data to the company for processing.
The company will handle client data in accordance with the privacy policy published on this website, which forms part of these terms, and will apply reasonable security measures to protect client data during the engagement.
Where an engagement involves access to systems, the company will use the access solely for the purpose of the engagement and will not exceed the scope of the authorisation granted by the client.
The company is not responsible for the security of client systems to the extent that weaknesses result from client configuration, client software, or decisions made by the client outside the recommendations of the company.
15. Third-Party Services and Subcontractors
The company may use subcontractors and third-party service providers to deliver elements of an engagement, including cloud hosting providers, software vendors, and specialist consultants. The company remains responsible for the work performed by its subcontractors as if the company had performed it directly.
Some services may depend on third-party platforms that the company does not control. Where a third-party platform fails or changes its terms, the company will use reasonable efforts to restore service, but the performance of the third-party platform is outside the company control.
References on the website to specific technologies or platforms do not imply endorsement by their respective owners and do not create any contractual relationship between the client and those owners.
16. Support, Maintenance, and Uptime
Ongoing support and maintenance are provided only where a separate support or managed services agreement is in place. The scope, response times, and fees for ongoing support are defined in that separate agreement.
Where the company provides managed operations, it will apply its documented service standards, including response time objectives and escalation paths. The company does not guarantee uninterrupted availability of client systems, and its liability for any unavailability is subject to the limitation of liability in these terms.
Scheduled maintenance will be communicated to the client in advance wherever practicable, and emergency maintenance will be performed with minimal disruption and followed by an explanation.
17. Suspension and Termination
Either party may terminate an engagement with written notice for the other partys material breach of the engagement terms, if the breach is not cured within thirty days of written notice describing the breach.
The company may suspend performance of an engagement if the client fails to pay an invoice when due, after written notice of the overdue amount, or if continued performance would expose the company to legal or ethical risk.
The client may terminate an engagement for convenience by written notice, subject to payment for all work performed and costs committed up to the effective date of termination.
Upon termination, each party will return or securely destroy the confidential information of the other party, at the option of the disclosing party, and will pay all amounts due and owing.
18. Force Majeure
Neither party will be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, war, civil unrest, pandemics, government action, telecommunications failures, power outages, and interruptions to third-party infrastructure.
The affected party will notify the other party promptly of the nature and expected duration of the delay and will use reasonable efforts to resume performance as soon as practicable.
If a force majeure event continues for more than sixty days, either party may terminate the affected engagement on written notice without further liability.
19. Governing Law and Dispute Resolution
These terms and any engagement under them are governed by the laws of the State of Utah, without regard to its conflict of laws principles, and by applicable federal law of the United States.
Any dispute arising out of or related to these terms will first be addressed through good-faith negotiations between the parties. If the dispute is not resolved within thirty days, the parties will attempt to resolve it through mediation before a mutually acceptable mediator.
If a dispute is not resolved through negotiation or mediation, the parties consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, for any legal proceedings.
20. Entire Agreement and Amendments
These terms, together with the privacy policy, the applicable proposal or statement of work, and any separate support agreement, constitute the entire agreement between the parties regarding the subject matter, and supersede all prior agreements, understandings, and representations.
Amendments to these terms are effective when posted on the website. Amendments to a specific engagement require a written document signed by both parties.
Any purchase order, acknowledgment, or other commercial form issued by the client is used for administrative convenience only and does not modify these terms.
21. Severability
If any provision of these terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
The failure to enforce any provision does not affect the validity of the remainder of these terms, and any such provision will be deemed restated to reflect the intent of the parties while remaining consistent with applicable law.
22. Waiver
No waiver of any provision of these terms will be effective unless it is in writing and signed by the party granting the waiver. A waiver of any provision on one occasion will not be construed as a waiver of that provision on any other occasion.
The rights and remedies provided in these terms are cumulative and are not exclusive of any rights or remedies provided by law.
23. Notices
Notices under these terms must be in writing and delivered by hand, by registered mail, or by email to the address of the receiving party on record. Notices are deemed delivered on the date of receipt, or on the date they are available to be collected in the case of registered mail.
Notices to the company should be sent to Cassie Caye Gibson LLC at 14364 S Ashvale Dr, Herriman - 84096-1221, United States (US), or to page@cayegibson.mom.
24. Assignment
The client may not assign or transfer these terms or any engagement under them, in whole or in part, without the prior written consent of the company.
The company may assign these terms or an engagement to an affiliate, or to a successor in connection with a merger, acquisition, or sale of assets, provided the assignee assumes the obligations of the company.
25. Survival
The provisions of these terms that by their nature should survive termination will survive, including the provisions on intellectual property, confidentiality, limitation of liability, indemnification, governing law, and dispute resolution.
26. Contact Information
Questions about these terms or about an engagement should be directed to the company using the details below.
Email: page@cayegibson.mom
Telephone: +18648932889
Address: Cassie Caye Gibson LLC, 14364 S Ashvale Dr, Herriman - 84096-1221, United States (US)