Terms of Service

1. Agreement to These Terms

These Terms of Service govern the relationship between TRVLFT CO. and any person or organisation that visits this website, contacts our lift desk or engages our services. By using this site or asking us to begin work, you agree to be bound by these terms. If you do not agree, please do not use the site or engage the desk.

These terms apply in addition to any signed statement of work, proposal or master services agreement. Where a signed document conflicts with these terms, the signed document controls for the work described in it. The remainder of these terms continues to apply to everything else.

We have written these terms in clear, ordinary English so that a busy operations manager can understand them without outside help. If a clause is still unclear, ask the desk and we will explain it before you commit to anything.

2. Definitions

In these terms, the Company, we, us and our refer to TRVLFT CO., a computer systems design practice at 410 Hidden Village Ln, Holland - 43528-6608, United States (US). The word Client refers to the business or organisation that engages the Company, and the word crew refers to the people the Company assigns to an engagement.

The word services means the envelope checks, integration work, basket load rounds, mooring drill weeks, burner audit days, wind window sessions, chase crew evenings and any other work described in a statement of work. The word deliverables means the documents, code, diagrams, registers and reports that the Company agrees to produce.

The word engagement means a distinct piece of work offered under a statement of work, and the word register means the shared written record that the Company keeps for each engagement. The word site means the website published at trvlft.com and its subpages.

3. Eligibility and Business Use

Our services are intended for businesses, public bodies and professional organisations. This site is not directed at consumers acting in a personal capacity, and it is not directed at anyone under the age of sixteen. By engaging us, you confirm that you are at least eighteen years old and that you have authority to enter into an agreement on behalf of your organisation.

You are responsible for making sure that your use of our services complies with the laws that apply to you. The Company designs and integrates systems, but it does not provide legal, financial, tax or regulatory advice, and nothing on this site should be read as such advice.

If you are agreeing to these terms on behalf of an organisation, you confirm that you have the authority to bind that organisation. If your authority later proves to be limited, you remain personally responsible for the obligations created under these terms to the extent that the law allows.

4. Our Services

The Company provides computer systems design and integration services, presented on this site through the lift desk model. The model describes a disciplined sequence: an envelope check, basket load rounds, mooring drills, burner audits, wind window sessions and chase crew follow-up. The model is a description of our working method and does not create additional obligations beyond those set out in a signed statement of work.

We aim to describe our services accurately, but the pages on this site are a summary and not a complete specification. Specific outcomes, timelines and acceptance criteria for any engagement are agreed in writing before work begins. If a page on this site appears to promise something that is not in your statement of work, the statement of work controls.

We may improve, adjust or retire parts of our service offering over time. We will not remove a service that is already part of an active engagement unless we agree the change with you in writing.

5. Engagement and Scope

Every engagement begins with a written scope. The scope sets out the systems to be reviewed, the stations of the lift desk that will be used, the deliverables, the crew assigned, the planned wind windows and the fees. Work outside the agreed scope requires a written change note signed by both parties before it begins.

The Company will assign a named keeper to each engagement. The keeper signs the register, makes the go or no-go call at each wind window and is the first point of contact for the Client. The Client will also name a keeper who has authority to approve scope changes and to sign basket sheets on behalf of the Client.

A verbal instruction to start work is not a valid engagement until it is confirmed in writing. This protects both parties, because a lift that begins without a written scope has no agreed exit condition.

6. Client Responsibilities

The Client will provide accurate information about its systems and will give the crew reasonable access to the people, environments, credentials and documentation needed to perform the work. The Client will appoint a keeper who can make timely decisions and will respond to questions within the agreed turnaround, normally two business days.

The Client is responsible for the accuracy of the information it supplies, including any claims about ownership, licensing or regulatory compliance of its systems. The Company relies on that information when preparing an envelope check and a lift plan.

The Client will keep its own backups of data and configurations unless a signed statement of work says otherwise. The Company may take temporary copies for testing, but a working backup remains the responsibility of the Client. The Client will also ensure that any third party systems it asks us to touch are lawfully accessible to it.

7. Fees and Payment

Fees are set out in the statement of work. Unless agreed otherwise, the Company invoices in advance for fixed scope packages and monthly for standing pad arrangements. Invoices are due within thirty days of issue. Where a payment is late, the Company may pause work on an engagement after giving written notice.

Expenses such as travel to a client site are charged at cost with receipts, and only where the statement of work or a written approval allows them. The Client is responsible for applicable taxes, except for taxes on the income of the Company.

If an engagement is cancelled after work has begun, the Client will pay for the work completed up to the date of cancellation, including any non refundable costs already committed by the Company. The Company will provide a clear breakdown of the work completed so that the final invoice is easy to check.

8. Scheduling and Wind Windows

Wind windows are published in advance and kept as narrow as the work allows. The Client agrees that production changes requested by the Company will take place only inside a published window, unless an emergency exception is agreed in writing by both keepers. The Company will not force a change through a closed window.

If the Client needs a window to move, it should ask the desk as early as possible. Movement is subject to crew availability and to the condition of the surrounding systems. The Company will give a written go or no-go decision before the window opens.

A scrubbed window is not a breach of these terms. If a window is cancelled for a safety, security or environmental reason, the Company will record the reason in the register and offer the next available date. The Client will not be charged a cancellation fee for a window the Company itself scrubs.

9. Deliverables and Ownership

Deliverables are described in the statement of work and are accepted when the Client confirms in writing that they meet the agreed acceptance criteria, or after ten business days of delivery without a written objection. Acceptance does not remove the warranty described in section 14.

The Company retains ownership of its own background methods, templates, diagrams and internal tooling, together with the general know how embedded in them. The Client receives a perpetual, non exclusive licence to use the final deliverables for its internal business purposes, and to modify them for its own systems.

Any client materials, code or data supplied to the Company remain the property of the Client. Any new code written specifically for the Client under a statement of work is assigned to the Client on full payment of the relevant invoice, except for third party components that remain under their own licences.

10. Acceptable Use

You agree to use this site and our services only for lawful purposes. You must not attempt to gain unauthorised access to the site, to the Company systems or to any client environment. You must not use our contact form to send spam, malware, unlawful material or messages that are abusive or threatening.

You must not probe, scan or test the vulnerability of this site without prior written permission. If you believe you have found a security issue, contact the desk directly at escalate@trvlft.com and give us a reasonable opportunity to fix it before any public discussion.

You must not copy, republish or resell substantial parts of this site or its content without permission, except for ordinary linking and short quotations with attribution. Mirrored copies of our pages are not permitted because they mislead visitors about who runs the lift pad.

11. Third Party Services

Engagements often involve third party software, hosting providers and external services that are controlled by others. The Company does not control those services and cannot guarantee their availability, performance or continued existence. The Client is responsible for its own accounts and licences with those providers unless agreed otherwise.

If the Company recommends a third party tool, that recommendation reflects experience at the time and is not a warranty of future suitability. The Client should satisfy itself that a third party tool meets its own compliance and security requirements before adopting it.

Where the Client supplies content, code or configuration from a third party, the Client confirms that it has the right to use and share it with the Company. The Company may decline to incorporate material that appears to violate a licence or the law.

12. Confidentiality

Each party may receive confidential information from the other during an engagement. Confidential information includes technical details, business plans, pricing, security arrangements and anything clearly marked as confidential. Each party agrees to keep such information private, to use it only for the engagement and to protect it with at least reasonable care.

Confidential information does not include information that was already public, that was lawfully known to the receiving party before disclosure, that is independently developed without use of the disclosure or that is received lawfully from a third party without a duty of confidence. Disclosure required by law is permitted after notice to the other party where that notice is lawful.

These confidentiality obligations survive the end of the engagement for a period of three years. A trade secret remains protected for as long as it remains a trade secret under applicable law.

13. Privacy

The Company handles personal information in line with its Privacy Policy, which forms part of these terms by reference. The Privacy Policy describes what we collect, why we collect it and how long we keep it. Where a client engagement involves personal data that the Company processes on behalf of the Client, a separate data processing agreement may apply.

If the Client provides personal information about its own staff or customers, the Client confirms that it has a lawful basis to share that information with the Company for the purposes of the engagement. The Company will use it only for those purposes and will return or delete it at the end of the engagement as agreed in writing.

The Privacy Policy is available on this site and can be requested in plain text by email. If there is a conflict between the Privacy Policy and a signed data processing agreement, the signed agreement controls for the processing it covers.

14. Warranties

The Company warrants that the services will be performed in a professional and workmanlike manner by competent personnel, in line with the statement of work. If a deliverable does not conform to the agreed acceptance criteria, the Company will, at its option, correct it or reimburse the fee paid for that deliverable, provided the Client reports the issue within thirty days of acceptance.

This is the principal remedy for a breach of the service warranty. The Company does not warrant that any system will be free from all defects or that a third party service will never fail. Systems design and integration reduce risk but cannot eliminate it.

Except as expressly stated in these terms, all other warranties, whether express or implied, are excluded to the extent that the law allows. Nothing in these terms excludes any warranty or right that cannot lawfully be excluded.

15. Limitation of Liability

To the extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential losses, including loss of profit, loss of business, loss of reputation or loss of data, however those losses arise and whether or not the party was advised that they were possible.

Except for the excluded matters below, the total liability of each party under or in connection with an engagement is limited to the fees paid or payable by the Client to the Company under the statement of work during the six months before the event giving rise to the claim.

Nothing in this section limits liability for fraud, for wilful misconduct, for death or personal injury caused by negligence, for breach of confidentiality or for any other liability that cannot lawfully be limited. These limitations are reasonable given the size of the engagements the Company undertakes and the fees charged for them.

16. Indemnity

The Client will defend and indemnify the Company against claims, losses and reasonable costs arising from client materials that the Client had no right to provide or from the Clients use of a deliverable outside the scope for which it was designed. The Company will promptly notify the Client of any such claim.

The Company will defend and indemnify the Client against claims that a deliverable written entirely by the Company infringes the intellectual property of a third party, provided the Client used the deliverable as agreed and notified the Company promptly of the claim. This obligation does not cover modifications made by the Client or by another party.

The party seeking indemnity will give reasonable cooperation and will allow the other party to control the defence and settlement of a claim, provided that no settlement imposes a non monetary obligation on the indemnified party without its written consent.

17. Termination

Either party may terminate an engagement for convenience by giving thirty days written notice. Either party may terminate immediately for material breach that is not corrected within fifteen days of written notice, or if the other party becomes insolvent or ceases to trade.

On termination, the Company will hand over completed deliverables and the current register, and the Client will pay for work completed up to the termination date. The Company will return or delete client materials as the Client instructs, subject to any legal retention obligation.

Clauses that by their nature should survive termination will continue to apply, including confidentiality, intellectual property, limitation of liability, indemnity and governing law. Termination does not undo the protections that were agreed for the work already done.

18. Force Majeure

Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control. Such events include natural disasters, severe weather, failures of public infrastructure, widespread network outages, epidemics and acts of government. The affected party will notify the other as soon as it can and will try to reduce the impact.

If a force majeure event continues for more than sixty days, either party may terminate the affected engagement by written notice. The Client will still pay for work completed before the event and for any committed costs that cannot reasonably be avoided.

In the lift desk language, a severe storm keeps the balloon on the ground. That is a sensible decision, and these terms treat it as a legitimate reason to pause rather than a failure of either party.

19. Governing Law

These terms are governed by the laws of the State of Ohio, United States, without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Ohio for any dispute that is not resolved through the process in section 20.

Nothing in this section prevents a party from seeking urgent injunctive relief in any competent court to protect its intellectual property or confidential information. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

If the Client is located outside the United States, the parties will still use Ohio law unless a signed statement of work expressly selects a different governing law.

20. Dispute Resolution

The parties will first try to resolve a dispute through good faith discussion between their named keepers. A keeper who receives a written notice of a dispute will respond within ten business days and will propose a time to talk.

If the keepers cannot resolve the matter within thirty days, the parties will refer the dispute to a single mediator agreed by both sides, or appointed by a recognised mediation body in Ohio if they cannot agree. The cost of mediation is shared equally. Mediation is confidential and does not prevent either party from later going to court.

If mediation does not resolve the dispute within sixty days, either party may bring proceedings in a court with jurisdiction under section 19. Each party bears its own legal costs unless a court orders otherwise.

21. Changes to These Terms

The Company may update these terms from time to time to reflect changes in the services, the law or the way the desk operates. The current version will always be published on this site with an effective date at the top. We will keep a record of earlier versions and provide a copy on request where it is still available.

For an active engagement, the terms in force when the engagement began continue to apply to that engagement unless both parties agree in writing to an update. This means a new version of these terms will not silently change the deal you already signed.

If a change is material and affects how we handle personal information, the Privacy Policy will be updated at the same time and the change will be described clearly.

22. General Provisions

These terms, together with any statement of work and the Privacy Policy, form the entire agreement between the parties on their subject matter and replace any earlier discussion or representation. Neither party relies on any statement that is not written in these documents.

If any clause of these terms is found to be invalid or unenforceable, the rest of the terms remain in force and the invalid clause will be replaced by a valid clause that reflects the original intention as closely as possible. A failure to enforce a right on one occasion is not a waiver of that right on another.

The Client may not assign these terms or a statement of work without the written consent of the Company. The Company may assign them to a successor as part of a reorganisation, provided the successor agrees to honour the existing obligations. Notices must be in writing and sent to the addresses in section 23 or to the contact details in the statement of work.

24. Contact for Questions

If you have a question about these terms, a request to amend an engagement or a concern about how an engagement is being run, contact the desk at escalate@trvlft.com or call +14325295260 during desk hours, Monday to Friday from 07:00 to 18:00 Eastern. The named keeper for your engagement will reply with a clear answer.

We would rather explain a clause before work begins than argue about it afterwards. The lift desk is built on written registers, clear owners and honest calls at the gate, and these terms are written in the same spirit.