Terms of Service

Effective Date: Jul 1, 2024

Welcome to Ogon Consulting (“we,” “our,” or “us”). These Terms of Service ("Terms") govern your access to and use of our website and services (collectively referred to as the "Services"). By accessing or using the Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy, which is incorporated into these Terms by reference. If you are using the Services on behalf of an organization, you represent that you have the authority to bind the organization to these Terms.

2. Services Provided

Ogon Consulting provides consulting services for the implementation, support, and customization of technology solutions, including but not limited to InsuranceNow and other related software platforms.

2.1 Scope of Services

Our Services may include consulting, system implementation, production support, maintenance, integrations, and related technology services. The specific scope of services will be defined in separate agreements between Ogon Consulting and our clients, which may include project proposals, service-level agreements (SLAs), or statements of work (SOWs).

2.2 Changes to Services

We reserve the right to modify or discontinue our Services, temporarily or permanently, at any time and without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of our Services.

3. User Responsibilities

As a user of our Services, you agree to:

  • Provide accurate, current, and complete information during your use of the Services.
  • Use the Services for lawful purposes only and in accordance with these Terms.
  • Comply with all applicable laws and regulations regarding your use of the Services.
  • Safeguard your account credentials and notify us immediately of any unauthorized use of your account.
4. Intellectual Property
4.1 Ownership

All content, materials, and intellectual property used or displayed on our website or provided in connection with our Services, including but not limited to text, graphics, logos, icons, images, audio clips, software, and other materials (collectively, "Content") are the property of Ogon Consulting or its licensors.

You are granted a limited, non-exclusive, non-transferable license to access and use the Content solely for personal or business use related to the Services.

4.2 Restrictions

You may not:

  • Copy, modify, distribute, sell, or lease any part of our Services or Content.
  • Use any automated means to access the Services, including but not limited to robots, spiders, or crawlers.
  • Reverse-engineer or attempt to extract the source code of any part of the Services, unless applicable laws permit such activities.
5. Confidentiality
5.1 Client Information

Both Ogon Consulting and our clients agree to maintain the confidentiality of proprietary or sensitive information exchanged during the course of the engagement. This includes but is not limited to trade secrets, business information, and client data.

5.2 Exceptions

Confidentiality obligations do not apply to information that is publicly available, rightfully received from a third party, or independently developed without access to the confidential information.

6. Payment and Fees
6.1 Pricing

All prices, rates, and fees for our Services are subject to specific agreements between Ogon Consulting and its clients. Payment terms, schedules, and details will be outlined in separate contracts such as Statements of Work (SOWs) or project proposals.

6.2 Late Payments

If you fail to make any payment due to Ogon Consulting by the due date, we reserve the right to charge interest on overdue amounts at the maximum rate permitted by law.

6.3 Taxes

You are responsible for any applicable taxes, duties, or fees associated with the Services.

7. Warranties and Disclaimers
7.1 Limited Warranty

We make every effort to ensure that our Services are reliable and perform as expected. However, Ogon Consulting provides the Services on an "as is" and "as available" basis without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7.2 Service Interruptions

While we strive for uninterrupted service, we cannot guarantee that our Services will be available at all times or free from errors, interruptions, or defects.

8. Limitation of Liability
8.1 Exclusion of Liability

To the fullest extent permitted by law, Ogon Consulting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Services.

8.2 Limitation of Liability

Our total liability for any claim arising out of or relating to the use of the Services is limited to the amount you paid to us for the specific service that gave rise to the claim.

9. Termination
9.1 Termination by Us

We may terminate or suspend your access to the Services at any time, with or without cause, including but not limited to your breach of these Terms. Upon termination, your right to access and use the Services will immediately cease.

9.2 Termination by You

You may terminate your use of the Services at any time by discontinuing use of our website or canceling any ongoing services in accordance with your agreement with us.

10. Dispute Resolution
10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California.

10.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Services, the parties agree to attempt to resolve the issue through good faith negotiations. If the dispute cannot be resolved, the parties agree to submit the dispute to arbitration in Santa Clara count under the rules of State of California.

11. Changes to the Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

12. Trademark and Attributions

Guidewire, Guidewire Cloud Platform (GWCP), and Guidewire InsuranceNow are trademarks or registered trademarks of Guidewire Software, Inc. All other trademarks, logos, and copyrights mentioned on this site are the property of their respective owners.

13. Miscellaneous
13.1 Entire Agreement

These Terms, together with any specific agreements entered into with Ogon Consulting, constitute the entire agreement between you and Ogon Consulting and supersede any prior agreements.

13.2 Severability

If any provision of these Terms is deemed invalid, unlawful, or unenforceable by a court of competent jurisdiction, such provision shall be modified or removed to the minimum extent necessary, and the remaining provisions will continue to be valid and enforceable.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Contact Us

If you have any questions or concerns about these Terms or the Services, please contact us at:

Ogon Consulting

6203 San Ignacio Ave, Ste #110

San Jose, CA 95119

1-833-265-OGON

info@ogonconsulting.com