Terms of Service

1. Agreement and Acceptance

In plain terms: these Terms apply whenever you work with us or use our website. Each project also gets its own written Proposal or Statement of Work.

These Terms of Service (“Terms“) govern all services provided by Kreischoba Solutions LLC and all use of kreischoba.com. They form a binding agreement between Kreischoba Solutions LLC, a New Hampshire limited liability company (“Kreischoba,” “we,” “us,” or “our“), and the business or organization that receives our services or uses our website (“Client,” “you,” or “your“).

1.1 Acceptance. You accept these Terms when you do any of the following: (a) sign or electronically accept a Proposal or Statement of Work that references these Terms; (b) pay a deposit or invoice; (c) direct Kreischoba to begin work; or (d) use kreischoba.com.

1.2 Authority. The individual who accepts these Terms on behalf of an organization represents that they are authorized to bind that organization.

1.3 Business Use Only. Kreischoba provides services solely for business, nonprofit, and organizational purposes, and not for personal, family, or household purposes.

1.4 Order of Precedence. If a Statement of Work conflicts with these Terms, the Statement of Work controls for that engagement only, and only where it expressly names the section of these Terms it changes. In all other cases these Terms control. A separate written agreement signed by both parties controls over both.

1.5 Updates to These Terms. Kreischoba may update these Terms by posting a revised version at kreischoba.com/terms with a new “Last Updated” date. Updates apply to Statements of Work signed, and website use occurring, after the posting date. An active Statement of Work remains governed by the version in effect when it was signed unless both parties agree otherwise in writing.

1.6 Electronic Records and Signatures. The parties agree to conduct business electronically. Electronic signatures, click-acceptance, email approvals, and electronic notices have the same legal effect as signed paper originals under the New Hampshire Uniform Electronic Transactions Act (RSA 294-E) and the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.).

1.7 Summaries and Headings. The italic “In plain terms” summaries and the section headings are for convenience only. They do not limit or change the meaning of these Terms.

2. Definitions

In plain terms: the key words used throughout these Terms, defined once so there is no confusion later.

Capitalized terms have the meanings below. “Including” means “including without limitation.”

3. Services, Statements of Work, and Changes

In plain terms: before any paid work starts, you will know what we are doing, what you will receive, the timeline, and the cost. If the work changes, we agree on it first.

3.1 Service Categories. Kreischoba provides practical consulting and support services to small and growing organizations in the categories below. The specific Services for each Engagement are defined only by its Statement of Work.

3.2 Initial Consultation. Kreischoba may offer a free, no-obligation Initial Consultation of up to 60 minutes. The Initial Consultation does not create an Engagement or obligate either party. Kreischoba treats information shared during it as Confidential Information. Observations shared during the Initial Consultation are preliminary and are not Services or Deliverables.

3.3 Statements of Work. Each Engagement begins with a Statement of Work that identifies the scope, Deliverables, assumptions, estimated timeline, Fees, and payment schedule. Kreischoba has no obligation to begin work until Client accepts the Statement of Work and pays any required deposit.

3.4 Changes in Scope. Work not described in a Statement of Work is outside its scope. Kreischoba will tell Client before performing out-of-scope work and will not bill for it without Client’s approval. Client’s written request or approval (email is sufficient) is a Change Order, billed at the rates in the Statement of Work or, if none are stated, at Kreischoba’s then-current hourly rate. Kreischoba may decline any requested change.

3.5 Timelines. Timelines are good-faith estimates, not guarantees. Deadlines extend automatically, day for day, for delays caused by Client, Client’s personnel or vendors, Third-Party Services, or events described in Section 11.8.

3.6 Method of Performance. Kreischoba controls the methods, means, location, and scheduling of its work. Services may be delivered remotely or on-site as stated in the Statement of Work. Kreischoba may use subcontractors who are bound by confidentiality obligations at least as protective as Section 7. Kreischoba remains responsible for their work.

3.7 Ongoing Support Engagements. Ongoing Support Engagements are provided on a Retainer or prepaid-hours basis under Section 4.2.

3.8 Non-Exclusivity. Kreischoba may provide services to other organizations, including organizations in Client’s industry, provided Kreischoba does not use or disclose Client’s Confidential Information in doing so.

3.9 Services Kreischoba Does Not Provide. Kreischoba is not a law firm, certified public accounting firm, registered investment adviser, insurance producer, or professional employer organization (PEO). Kreischoba does not provide the services that require those licenses or registrations. See Section 8.

4. Fees, Invoicing, and Payment

In plain terms: pricing is set in your Statement of Work. Invoices are due within 15 days, and monthly retainers are paid in advance. Questions about a bill should be raised quickly so we can resolve them.

4.1 Fee Structures and Project Deposits. Each Statement of Work sets Fees on a fixed-fee, hourly, or Retainer basis, or a combination. Hourly work is billed in 15-minute increments, and time records are available to Client on request. Unless the Statement of Work states otherwise, Project Engagements require a deposit of 50% of the estimated Fees, due on acceptance and applied to the final invoice. Deposits are non-refundable once work begins, except as provided in Section 10.4.

4.2 Retainers. A retainer (“Retainer“) is a recurring monthly fee that reserves Kreischoba’s time and availability for Client. Each Statement of Work for an Ongoing Support Engagement will state the monthly Retainer fee, any included hours, the overage rate, and the minimum term. Unless the Statement of Work states otherwise:

1. Billed in advance. Kreischoba invoices each Retainer fee by the 15th of the month before the service month, and it is due by the 1st day of the service month. The first Retainer fee is due when the Client accepts the Statement of Work. Kreischoba may hold Retainer Services for a month until that month’s fee is paid.
2. Earned when paid. Each Retainer fee pays for Kreischoba reserving capacity for Client during that month. It is earned when paid and is non-refundable, whether or not Client uses all included hours, except as provided in Section 10.4.
3. Included hours. Included hours apply only to the month they are billed for and do not roll over. Kreischoba will notify Client when 80% of a month’s included hours have been used.
4. Additional hours. Work beyond the included hours, approved by Client under Section 3.4, is billed monthly in arrears at the overage rate in the Statement of Work and is due under Section 4.3.
5. Minimum term. Each Retainer has an initial minimum term of 3 months and then renews month to month. Client may end a Retainer during the minimum term with 30 days’ written notice, but remains responsible for Retainer fees through the end of the minimum term. After the minimum term, either party may end the Retainer under Section 10.2.
6. Response time. Kreischoba aims to respond to Retainer clients’ requests within 1 Business Day. This is a service goal, not a guaranteed deadline.
7. Rate changes. The Retainer fee will not change during the minimum term. After that, Section 4.8 applies.
8. Prepaid hours option. Instead of a monthly Retainer, a Statement of Work may provide for a prepaid block of hours, which Kreischoba applies against Services at the rate stated in the Statement of Work. Unused prepaid amounts expire 12 months after payment and are non-refundable, except as provided in Section 10.4.

4.3 Payment Terms. Except for Retainer fees (Section 4.2), invoices are due within 15 days of the invoice date. Client may pay by ACH, check, credit card, or any other method Kreischoba accepts. Credit card payments may carry a surcharge of up to 3% of the payment amount, not to exceed Kreischoba’s processing cost or the maximum allowed by law and card-network rules. Kreischoba will disclose any surcharge before processing the payment. ACH, check, and debit card payments carry no surcharge. All amounts are in U.S. dollars.

4.4 Late Payment. Overdue amounts accrue interest at 1.5% per month or the highest rate permitted by law, whichever is lower, from the due date until paid. If any undisputed amount remains unpaid 10 days after Kreischoba sends written notice, Kreischoba may pause the Services until the account is current, and affected timelines extend accordingly. Client will reimburse Kreischoba’s reasonable costs of collecting overdue amounts, including attorneys’ fees and collection-agency fees.

4.5 Expenses. Client will reimburse Expenses identified in the Statement of Work or approved by Client in advance. Any single Expense over $100 requires Client’s prior approval (email is sufficient). Business travel is billed at the then-current IRS standard mileage rate when stated in the Statement of Work. Software subscriptions, advertising spend, background-check fees, and other Third-Party Service charges are paid by Client directly to the provider, or billed at cost if Kreischoba pays them on Client’s behalf.

4.6 Taxes. Fees do not include taxes. Client is responsible for any sales, use, or similar taxes that apply to the Services, other than taxes based on Kreischoba’s income.

4.7 Billing Questions. Client must notify Kreischoba in writing of any good-faith invoice dispute within 15 days of the invoice date, explaining the reason. Client will pay any undisputed portion on time. The parties will work promptly and in good faith to resolve the dispute. An invoice not disputed within that period is accepted.

4.8 Rate Changes. Fixed Fees do not change during the Statement of Work they are stated in. Kreischoba may change hourly or retainer rates for Ongoing Support Engagements with at least 30 days’ written notice.

5. Client Responsibilities

In plain terms: we build and support the systems; you stay in charge of your business decisions, your employees, your money, and your accounts.

5.1 Cooperation. Client will provide timely access to the information, people, and systems Kreischoba reasonably needs. Client will name a point of contact with authority to make decisions and will respond to Kreischoba’s requests within 5 Business Days unless the parties agree otherwise.

5.2 Client Materials. Kreischoba may rely on Client Materials without independently verifying them and is not responsible for errors caused by inaccurate, incomplete, or late Client Materials. Client represents that it has the legal right to provide Client Materials to Kreischoba, including any notices or consents required to share Personal Information.

5.3 Employment and Payroll Responsibilities. When the Services include People & Administration work:

1. Employer of record. Client is the sole employer of its workers. Client makes all decisions about hiring, discipline, termination, compensation, scheduling, and worker classification, including employee versus contractor status and exempt versus non-exempt status under the Fair Labor Standards Act (29 U.S.C. § 201 et seq.).
2. Payroll and funds. Client approves each payroll before it is submitted. Client keeps sole ownership and control of its bank accounts and funds. Kreischoba does not hold, receive, or transmit Client funds, is not a signatory on Client accounts, and has no authority to decide which of Client’s obligations are paid. Client remains responsible for timely payment of wages and for withholding, depositing, and reporting all payroll and employment taxes, including under New Hampshire wage-payment law (RSA 275) and the Internal Revenue Code.
3. Hiring and onboarding. Client is responsible for employment eligibility verification on Form I-9 (8 U.S.C. § 1324a), E-Verify if used, state new-hire reporting, and required workplace notices and postings, even when Kreischoba helps administer them.
4. Background checks. Client is the “user” of consumer reports under the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.). Client is responsible for permissible-purpose certifications, applicant disclosures and authorizations, pre-adverse and adverse action notices, and every decision based on a report. Kreischoba may perform administrative steps only at Client’s direction.
5. Workplace injuries. Client is responsible for timely reporting of workplace injuries to its workers’ compensation carrier and the New Hampshire Department of Labor, and for OSHA recordkeeping. Any help Kreischoba gives in preparing or submitting reports is administrative and based on information Client provides.
6. Policies and forms. Client should have qualified employment counsel review any handbook, policy, or employment form before adopting it.

5.4 Accounts and Access. Client owns its accounts, including advertising, domain, hosting, software, and payroll accounts. Client will grant Kreischoba access through individual user accounts or delegated permissions where available, rather than shared passwords. Client may revoke access at any time and will remove Kreischoba’s access when an Engagement ends. Kreischoba is not responsible for the security of Client systems outside its control.

5.5 Third-Party Services. Client contracts directly with each Third-Party Service and is bound by that provider’s terms. Kreischoba is not responsible for the availability, performance, pricing, data handling, or security of any Third-Party Service. A recommendation of a Third-Party Service is not a warranty of it. If Kreischoba will receive any referral fee or other compensation from a provider it recommends, Kreischoba will disclose that to Client before Client buys.

5.6 Business Decisions. Kreischoba provides recommendations and support. Client is solely responsible for deciding whether and how to adopt, implement, and enforce them, and for the results of those decisions.

5.7 Lawful Requests. Client will not ask Kreischoba to perform any act that is unlawful or that Kreischoba reasonably believes is unethical. Kreischoba may decline any such request without penalty.

6. Deliverables and Intellectual Property

In plain terms: once you pay in full, the work we create for you is yours. We keep our own templates and know-how, and you get a permanent license to use any of them built into your Deliverables.

6.1 Client Materials. Client owns Client Materials. Client grants Kreischoba a limited, non-exclusive license to use Client Materials only to perform the Services.

6.2 Ownership of Deliverables. When Client has paid all Fees and Expenses due under a Statement of Work, Kreischoba assigns to Client all of its rights in the Deliverables under that Statement of Work, excluding Kreischoba Materials. Until then, Kreischoba retains those rights and Client may use the Deliverables only internally during the Engagement.

6.3 Kreischoba Materials. Kreischoba retains all rights in Kreischoba Materials. When Client has paid in full, Kreischoba grants Client a perpetual, royalty-free, non-exclusive license to use, copy, and modify any Kreischoba Materials incorporated into the Deliverables for Client’s internal business operations. Client may not sell, license, or distribute Kreischoba Materials as a standalone product. This license transfers only with a sale of Client’s business.

6.4 Review and Acceptance. Client will review each Deliverable within 5 Business Days of delivery and either accept it or describe specific revisions needed to meet the Statement of Work. Unless the Statement of Work states otherwise, Fees include one round of reasonable revisions per Deliverable. A Deliverable is accepted when Client approves it, when the review period passes without a revision request, or when Client begins using it in its operations, whichever is first.

6.5 General Knowledge. Kreischoba may use the general skills, ideas, and know-how it gains during an Engagement, and anonymized or aggregated information that does not identify Client, in its business. This does not permit use or disclosure of Client’s Confidential Information.

6.6 Third-Party Components. Deliverables that include Third-Party Services, fonts, images, software, or other third-party components remain subject to their own license terms.

6.7 Client References. Kreischoba may identify Client by name and logo as a client, with a general description of the Services, unless Client opts out in writing at any time. Kreischoba will publish a testimonial or case study only with Client’s prior approval.

7. Confidentiality and Data Protection

In plain terms: we both keep each other’s private information private. We protect your employee and business data with reasonable safeguards and tell you promptly if something goes wrong.

7.1 Confidential Information. “Confidential Information” means non-public information disclosed by one party to the other that is marked confidential or that a reasonable person would understand to be confidential. Client’s Confidential Information includes Client Data, employee records, financial information, and business plans. Kreischoba’s Confidential Information includes its pricing, proposals, and Kreischoba Materials.

7.2 Exclusions. Confidential Information does not include information that (a) is or becomes public through no fault of the receiving party; (b) the receiving party already lawfully knew; (c) the receiving party lawfully receives from a third party without a duty of confidentiality; or (d) the receiving party develops independently. These exclusions do not apply to Personal Information.

7.3 Obligations. The receiving party will (a) use Confidential Information only to perform or receive the Services; (b) protect it with at least reasonable care; and (c) disclose it only to its personnel, subcontractors, and professional advisors who need to know it and are bound by confidentiality duties at least as protective as this Section.

7.4 Required Disclosure. A party may disclose Confidential Information when required by law, subpoena, or court order. Where legally permitted, it will give the other party prompt notice so the other party can seek protection, and will disclose only what is required.

7.5 Duration. These obligations last during the Engagement and for 3 years after it ends. Obligations for Personal Information and trade secrets last as long as the information remains protected by law, including the New Hampshire Uniform Trade Secrets Act (RSA 350-B) and the federal Defend Trade Secrets Act (18 U.S.C. § 1836 et seq.).

7.6 Data Security. Kreischoba will maintain reasonable administrative, technical, and physical safeguards for Client Data, appropriate to its size and the sensitivity of the data. These include multi-factor authentication on accounts used to access Client Data, limiting access to Personnel who need it, and not sending Social Security numbers or financial account numbers by unencrypted email. Client will send Personal Information to Kreischoba only through secure methods Kreischoba approves. No security measures are perfect, and Kreischoba does not guarantee that unauthorized access will never occur.

7.7 Security Incidents. If Kreischoba discovers unauthorized access to Client’s Personal Information in Kreischoba’s possession, Kreischoba will notify Client immediately following discovery, as required by RSA 359-C:20, and will cooperate in Client’s response. As the owner of the data, Client is responsible for any notices to affected individuals, regulators, and consumer reporting agencies.

7.8 Processing on Client’s Behalf. When Kreischoba processes Personal Information for Client, it does so only to perform the Services and according to Client’s documented instructions. Each party will comply with the privacy and data-protection laws that apply to it.

7.9 Return or Deletion. Within 30 days after an Engagement ends and on Client’s written request, Kreischoba will return or delete Client Data in its possession. Kreischoba may keep copies in routine backups and records it must retain for legal, tax, insurance, or dispute purposes. Retained copies remain subject to this Section.

7.10 Equitable Relief. A breach of this Section may cause irreparable harm. The non-breaching party may seek an injunction or other equitable relief in addition to any other remedy, without posting a bond where the court permits.

8. Professional Disclaimers

In plain terms: we are business operations consultants. We are not your lawyer, accountant, or financial advisor, and we cannot promise specific business results.

8.1 Not Legal Advice. Kreischoba is not a law firm and does not provide legal advice or legal opinions. General information Kreischoba shares about laws, regulations, or compliance requirements is not legal advice. Client should have qualified counsel review legal matters, contracts, policies, and compliance documents before relying on them.

8.2 Not Accounting, Tax, or Audit Services. Kreischoba is not a certified public accounting firm and does not perform audits, reviews, compilations, attestations, or tax preparation. Budgets, financial reports, and analyses are management tools only, and Client should consult its accountant on accounting and tax matters.

8.3 Not Investment or Financial Advice. Kreischoba does not provide investment, securities, lending, or insurance advice. Business plans and research are prepared for Client’s internal planning only.

8.4 Projections and Estimates. Budgets, forecasts, projections, and cost estimates are based on assumptions and information available when prepared. Actual results will differ, and Kreischoba has no duty to update them unless the Statement of Work requires it.

8.5 No Guaranteed Results. Business results depend on many factors outside Kreischoba’s control. Kreischoba does not guarantee any specific outcome, including revenue, cost savings, efficiency gains, employee retention, website traffic, search rankings, advertising performance, leads, or regulatory results.

8.6 Compliance Support. Kreischoba may help Client organize and document processes that support compliance. Client remains solely responsible for complying with the laws, regulations, licenses, and permits that apply to its business. Kreischoba does not certify that Client is compliant.

8.7 Marketing and Website Content. Client will review and approve all website, advertising, and marketing content before it is published. Client is responsible for the accuracy of claims made about its business and for compliance with advertising laws and platform policies.

9. Warranties, Limitation of Liability, and Indemnification

In plain terms: we stand behind our work and will fix it if it falls short. In return, our financial responsibility is limited to what you paid us recently, and each party covers claims caused by its own side.

9.1 Service Warranty. Kreischoba warrants that it will perform the Services in a professional and workmanlike manner consistent with generally accepted standards for similar consulting services. Client must notify Kreischoba in writing of any breach of this warranty within 30 days after the affected Services are performed. Kreischoba will then re-perform the nonconforming Services at no additional charge or, if re-performance is not practical, refund the Fees paid for the nonconforming portion. This is Client’s sole and exclusive remedy for breach of this warranty.

9.2 Mutual Warranties. Each party warrants that it has the authority to enter into this Agreement and will comply with laws that apply to its performance.

9.3 Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTIONS 9.1 AND 9.2, THE SERVICES, DELIVERABLES, AND WEBSITE ARE PROVIDED “AS IS.” KREISCHOBA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

9.4 Excluded Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, KREISCHOBA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR TAX OR REGULATORY PENALTIES, INTEREST, OR FINES ASSESSED AGAINST CLIENT, EVEN IF ADVISED OF THEIR POSSIBILITY.

9.5 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, KREISCHOBA’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY, WILL NOT EXCEED THE FEES CLIENT PAID UNDER THE STATEMENT OF WORK GIVING RISE TO THE CLAIM DURING THE 6 MONTHS BEFORE THE EVENT THAT CAUSED THE LIABILITY.

9.6 Exceptions. Sections 9.4 and 9.5 do not limit (a) liability for a party’s gross negligence, willful misconduct, or fraud; or (b) Client’s obligations to pay Fees and Expenses or to indemnify Kreischoba under Section 9.8.

9.7 Allocation of Risk. The parties agree that the Fees reflect the allocation of risk in this Section 9, and that these limits apply even if a limited remedy fails of its essential purpose.

9.8 Indemnification by Client. Client will defend, indemnify, and hold harmless Kreischoba and its Personnel from all third-party claims, losses, damages, penalties, and expenses, including reasonable attorneys’ fees, arising from: (a) Client Materials, including any claim that Client lacked the right or consent to provide them; (b) Client’s employment decisions and employer obligations, including wages, payroll taxes, worker classification, immigration verification, background-check decisions, and workplace safety; (c) Client’s operations, products, and services, and Client’s implementation or modification of Deliverables; (d) Third-Party Services used by Client; or (e) Client’s breach of this Agreement or violation of law.

9.9 Indemnification by Kreischoba. Subject to Section 9.5, Kreischoba will defend, indemnify, and hold harmless Client from third-party claims arising from (a) an allegation that a Deliverable, as delivered by Kreischoba, infringes a U.S. copyright or misappropriates a trade secret, excluding claims caused by Client Materials, third-party components, or modifications not made by Kreischoba; or (b) Kreischoba’s gross negligence or willful misconduct.

9.10 Indemnification Procedure. The party seeking indemnity will give prompt written notice of the claim, allow the indemnifying party to control the defense and settlement, and provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party may not settle a claim in a way that admits fault by or imposes obligations on the other party without its written consent.

9.11 Time Limit for Claims. To the extent permitted by law, any claim against Kreischoba arising out of or relating to this Agreement must be brought within 1 year after the claim accrues.

9.12 No Personal Liability. This Agreement is with Kreischoba Solutions LLC only. To the extent permitted by law, Client will bring claims only against Kreischoba Solutions LLC and not against its members, managers, employees, or subcontractors individually.

10. Term and Termination

In plain terms: either of us can end an engagement with 30 days’ notice. You pay for work done through the end date, and you receive the work you paid for.

10.1 Term. These Terms apply from Client’s first acceptance and continue while any Statement of Work is active. Each Statement of Work lasts for the term stated in it or until its Services are complete.

10.2 Termination for Convenience. Either party may terminate a Statement of Work for any reason with 30 days’ written notice, subject to any Retainer minimum term under Section 4.2.

10.3 Termination for Cause. Either party may terminate a Statement of Work by written notice if the other party materially breaches this Agreement and does not cure the breach within 15 days after receiving written notice of it, or within 10 days for non-payment. Kreischoba may terminate immediately by written notice if Client becomes insolvent or files for bankruptcy, or if continuing would require Kreischoba to act unlawfully or unethically.

10.4 Effect of Termination. On any termination:

1. Client will pay for all Services performed and Expenses incurred through the termination date, plus any non-cancellable commitments made for Client and any Retainer fees owed for the remainder of a minimum term. For fixed-fee work, Services performed are billed at the hourly rate in the Statement of Work (or Kreischoba’s then-current hourly rate), not to exceed the fixed fee.
2. If Kreischoba terminates for convenience, or Client terminates for Kreischoba’s uncured breach, Kreischoba will refund any prepaid Fees, including any unused deposit, for Services not performed.
3. After receiving full payment, Kreischoba will deliver all completed and in-progress Deliverables, and Section 6 will apply to them.
4. Each party will return or delete the other’s Confidential Information as provided in Section 7.9.
5. Transition assistance requested by Client after termination is billed at Kreischoba’s then-current hourly rate.

10.5 Survival. Sections 4 (for amounts owed), 6, 7, 8, 9, 10.4, 10.5, 11, and 12 survive termination.

11. Disputes, Governing Law, and General Terms

In plain terms: if a problem comes up, we talk first. If we cannot resolve it, New Hampshire law applies and disputes are decided by a judge in New Hampshire.

11.1 Good-Faith Resolution. Before filing suit, the parties will try in good faith to resolve any dispute through discussion between decision-makers for at least 30 days after written notice of the dispute. Either party may also propose non-binding mediation in Cheshire County, New Hampshire, with costs shared equally. This Section does not apply to actions to collect overdue amounts or to requests for injunctive relief.

11.2 Governing Law. The laws of the State of New Hampshire govern this Agreement, without regard to conflict-of-laws principles.

11.3 Venue. Any lawsuit arising out of or relating to this Agreement will be brought exclusively in the state courts located in Cheshire County, New Hampshire, or the United States District Court for the District of New Hampshire. Kreischoba may also bring claims within the small claims limit of RSA 503:1 in the small claims session of the New Hampshire Circuit Court. Each party consents to the personal jurisdiction of these courts.

11.4 Jury Trial Waiver. EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT ARISING OUT OF OR RELATING TO THIS AGREEMENT.

11.5 Attorneys’ Fees. In any lawsuit arising out of or relating to this Agreement, the prevailing party may recover its reasonable attorneys’ fees and costs, in addition to the collection costs described in Section 4.4.

11.6 Independent Contractor. Kreischoba is an independent contractor. Nothing in this Agreement creates an employment, partnership, joint venture, or agency relationship. Kreischoba is responsible for its own taxes, insurance, and Personnel. Kreischoba has no authority to bind Client except as Client authorizes in writing, such as submitting an approved payroll.

11.7 Notices. Notices must be in writing and may be sent by email. Notices to Kreischoba go to hello@kreischoba.com, or by mail to the mailing address stated in the applicable Statement of Work. Mailed notices are effective when delivered. Notices to Client go to the contact email in the applicable Statement of Work or Client’s most recent email address on file. An email notice is effective when sent on a Business Day before 5:00 p.m. Eastern Time, and otherwise on the next Business Day, unless the sender receives a delivery-failure message.

11.8 Force Majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including severe weather, natural disasters, power or internet outages, Third-Party Service outages, public-health emergencies, government action, and labor disputes. This Section does not excuse payment obligations.

11.9 Assignment. Client may not assign this Agreement without Kreischoba’s written consent. Kreischoba may assign this Agreement to a successor in a merger, reorganization, or sale of all or substantially all of its business, with notice to Client.

11.10 Entire Agreement and Amendments. This Agreement is the parties’ entire agreement on its subject and replaces all prior proposals, discussions, and understandings. Terms in Client’s purchase orders or vendor forms do not apply, even if signed by Kreischoba. Except as stated in Sections 1.5 and 3.4, this Agreement may be amended only in a writing accepted by authorized representatives of both parties.

11.11 Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted by law, and the rest of this Agreement will remain in effect.

11.12 Waiver. A failure or delay in enforcing any provision is not a waiver of it.

11.13 No Third-Party Beneficiaries. No one other than the parties has rights under this Agreement, except Kreischoba Personnel under Sections 9.8 and 9.12.

11.14 Interpretation. This Agreement will not be construed against either party as its drafter. The parties had the opportunity to review it with counsel.

12. Website Use

In plain terms: our website is for information and getting in touch. Please don’t send sensitive data like Social Security numbers through it.

12.1 Informational Purpose. Website content is general information about Kreischoba and its services. It is not advice and does not create an Engagement. Kreischoba may change or discontinue any part of the Website at any time.

12.2 Ownership. Kreischoba owns the Website content, including its text, graphics, the Kreischoba name, and the KS monogram logo. Visitors may view and print Website content for their own internal reference only. Any other copying, modification, or distribution requires Kreischoba’s written permission.

12.3 Forms, Scheduling, and Inquiries. The Website uses Third-Party Services for intake forms, scheduling, and communications, and those providers handle submitted information under their own terms. Submitting an inquiry or booking a meeting does not create an Engagement. Visitors should not submit Social Security numbers, financial account numbers, or other sensitive Personal Information through Website forms.

12.4 Text Messages. By texting Kreischoba, you agree to receive text replies about your inquiry or Engagement. Message and data rates may apply. Reply STOP at any time to stop receiving texts. Kreischoba will not send marketing text messages without your separate prior express written consent, as required by the Telephone Consumer Protection Act (47 U.S.C. § 227).

12.5 Prohibited Conduct. Visitors may not use the Website unlawfully; submit false or misleading information; impersonate another person; introduce malware; scrape or harvest data by automated means; or interfere with the Website’s operation or security.

12.6 Third-Party Links. Links to third-party websites are provided for convenience. Kreischoba does not control and is not responsible for them.

12.7 Privacy. Kreischoba’s Privacy Policy, available at kreischoba.com/privacy, explains how Kreischoba collects and uses information submitted through the Website.

12.8 Age Requirement. The Website is intended for business use by individuals 18 and older and is not directed to children.

12.9 Website Liability. Kreischoba’s total liability for claims arising solely from use of the Website, where no Statement of Work applies, will not exceed $100.

12.10 Contact. Questions about these Terms may be sent to Kreischoba Solutions LLC at hello@kreischoba.com or (603) 355-7098.