Terms of Service

Welcome to Gothar AS ("Company", "we", "our", or "us"). By accessing or using our website at gothar.com (the "Site") or engaging our services, you agree to be bound by these Terms of Service ("Terms").

If you do not agree with these Terms, please do not use our Site or services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Site after changes constitutes acceptance of the modified Terms.

Gothar AS provides professional software development services, including but not limited to:

• Full-stack web application development
• Performance optimization and consulting
• Edge-first architecture design and implementation
• AI integration and custom software solutions

Specific project scopes, deliverables, timelines, and pricing are defined in individual contracts or statements of work (SOWs) agreed upon between the Company and the client.

3.1 Time & Materials

For time-based engagements:

• Work is billed based on actual hours worked at agreed-upon hourly rates
• Invoices are issued monthly or upon project milestones
• Clients receive detailed time tracking and progress reports

3.2 Fixed Scope Projects

For fixed-price engagements:

• Scope, deliverables, and timeline are defined in a statement of work (SOW)
• Payment terms are specified in the SOW (e.g., milestone-based, upfront deposit + final payment)
• Scope changes require written approval and may incur additional charges

3.3 Retainer Agreements

Ongoing support and maintenance retainers:

• Pre-paid hours or services for a defined period (e.g., monthly)
• Unused hours may or may not roll over depending on agreement terms
• Response times and SLAs defined in retainer agreement

Clients engaging our services agree to:

• Provide access: Timely access to necessary systems, data, and personnel
• Timely feedback: Provide feedback and approvals within agreed timeframes
• Payment: Make payments according to agreed terms
• Content accuracy: Ensure all provided content, data, and requirements are accurate and complete
• Legal compliance: Ensure your use of deliverables complies with applicable laws

Delays caused by client's failure to fulfill these responsibilities may result in project timeline extensions and additional costs.

5.1 Client-Owned IP

Upon full payment, clients receive ownership of custom code and deliverables created specifically for their project, subject to the following:

• Pre-existing Company IP (frameworks, libraries, tools) remains Company property and is licensed to the client
• Open-source components retain their original licenses

5.2 Company-Owned IP

The Company retains ownership of:

• Pre-existing tools, frameworks, methodologies, and knowledge
• Generalized learnings and techniques developed during projects
• Internal documentation and processes

5.3 Third-Party IP

Any third-party software, libraries, or services integrated into deliverables are subject to their respective licenses. Clients are responsible for compliance with such licenses.

6.1 Development & Consulting Services

For active development projects:

• Response time: Within 1 business day for communication
• Working hours: Monday-Friday, 09:00-17:00 CET (excluding Norwegian holidays)
• Emergency support: Available for critical production issues under retainer agreements

6.2 Hosted Services (if applicable)

For services hosted by Gothar AS:

• Target uptime: 99.9% (approximately 8.7 hours of downtime per year)
• Maintenance windows: Scheduled maintenance communicated 48 hours in advance
• Incident response: Critical incidents addressed within 1 hour of detection

6.3 No Absolute Guarantee

While we strive for maximum uptime and reliability, we cannot guarantee uninterrupted service due to factors beyond our control (e.g., internet outages, third-party service failures, force majeure events).

We are not liable for downtime caused by:

• Client's infrastructure or internet connectivity
• Third-party service providers (hosting, DNS, CDN)
• Scheduled maintenance (with prior notice)
• Force majeure events (natural disasters, war, pandemics)

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Gothar AS's total liability for any claims arising from services shall not exceed the amount paid by the client for the specific project or service in question in the 12 months preceding the claim
• We are not liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data loss, or business interruption
• We are not responsible for damages resulting from client's misuse of deliverables or failure to follow documentation and best practices

7.1 Professional Indemnity Insurance

Gothar AS maintains professional indemnity insurance covering errors and omissions in our services. Coverage details available upon request.

7.2 Client Indemnification

Client agrees to indemnify and hold Gothar AS harmless from claims arising from:

• Client's use of deliverables in violation of applicable laws
• Content or data provided by the client that infringes third-party rights
• Client's breach of these Terms

8.1 Limited Warranty

We warrant that:

• Services will be performed in a professional manner consistent with industry standards
• Deliverables will substantially conform to agreed specifications at the time of delivery
• We have the right to provide the services and grant necessary licenses

Warranty period: 30 days from delivery for defects in deliverables (excludes issues caused by client modifications or third-party integrations)

8.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED ABOVE, SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

Both parties agree to:

• Keep confidential information disclosed during engagement confidential
• Use confidential information only for the purposes of the engagement
• Not disclose confidential information to third parties without written consent

Exceptions: Information that is (a) publicly available, (b) independently developed, (c) lawfully obtained from third parties, or (d) required to be disclosed by law.

Confidentiality obligations survive termination of engagement for a period of 3 years.

10.1 Invoicing

• Invoices issued upon milestone completion or monthly for time-based work
• Payment due within 14 days of invoice date unless otherwise agreed
• Accepted payment methods: Bank transfer, credit card (via Stripe)

10.2 Late Payment

• Interest of 1.5% per month (or maximum allowed by law) on overdue amounts
• Work may be suspended for invoices overdue by more than 30 days
• Client remains liable for all fees even if work is suspended

10.3 Disputes

Payment disputes must be raised in writing within 7 days of invoice date. Undisputed portions must still be paid on time.

11.1 Termination by Client

Clients may terminate engagement with 30 days' written notice. Client remains liable for:

• All work completed up to termination date
• Non-refundable deposits or advance payments
• Reasonable wind-down costs

11.2 Termination by Company

We may terminate engagement immediately if:

• Client fails to pay invoices within 30 days of due date
• Client breaches these Terms and fails to remedy within 14 days of written notice
• Continuing work would violate law or professional ethics

11.3 Effect of Termination

Upon termination:

• Client pays for all work completed and expenses incurred
• Company delivers work-in-progress upon receipt of final payment
• Confidentiality and IP provisions survive termination

Clients agree not to use our services or deliverables for:

• Illegal activities or purposes
• Violating intellectual property rights of third parties
• Distributing malware, spam, or phishing content
• Harassment, abuse, or hate speech
• Bypassing security measures or unauthorized access to systems

We reserve the right to refuse service or terminate engagement if client violates acceptable use policies.

13.1 Governing Law

These Terms are governed by the laws of Norway. Any disputes shall be resolved in Norwegian courts.

13.2 Dispute Resolution

Before initiating legal proceedings, parties agree to attempt good-faith negotiation for 30 days.

If negotiation fails, disputes may be escalated to mediation before litigation.

13.3 Venue

Exclusive venue for any legal proceedings: Oslo tingrett (Oslo District Court), Norway.

14.1 Entire Agreement

These Terms, together with any signed contracts or SOWs, constitute the entire agreement between parties and supersede all prior agreements.

14.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force.

14.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

14.4 Assignment

Client may not assign these Terms without written consent. Company may assign to affiliates or in case of merger/acquisition.

14.5 Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control (natural disasters, war, pandemics, government actions).

Questions about these Terms? Contact us:

Gothar AS
Email: post@gothar.com
Organization number: 915 123 456 (Norway)
Address: Oslo, Norway