Terms and Conditions

How these terms apply

These terms apply to all services GABCO Enterprises (“GABCO”, “we” or “us”) provides to a client (“you”). Each engagement is described in a proposal, statement of work or service agreement (an “Agreement”). If an Agreement conflicts with these terms, the Agreement prevails.

By accepting a proposal, signing an Agreement or instructing us to start work, you agree to these terms.

Scope and changes

We will deliver the services and deliverables set out in the Agreement. Work outside that scope, or changes to it, must be agreed in writing, and may change the fees and timeline.

Your responsibilities

• Give us timely access to people, premises, systems and information we reasonably need
• Name a decision maker for each engagement
• Hold valid licences for software and services we work on, unless we supply them
• Follow our Acceptable Use Policy
• Keep your own backups of data, unless backup is part of the services

Where delays or costs are caused by a failure to meet these responsibilities, we may adjust the timeline and fees.

Fees and payment

• Fees are as set out in the Agreement, in Cayman Islands dollars or US dollars
• Recurring services are invoiced monthly in advance; project work as set out in the Agreement
• Invoices are payable within 30 days of the invoice date
• Pre approved expenses, and work outside agreed hours, are charged as set out in the Agreement
• If an invoice is overdue, we may suspend services after giving 14 days’ written notice

Third party products

Hardware, software and cloud subscriptions we supply or recommend are provided under their vendors’ own terms and warranties, which we pass on to you. We are not responsible for a vendor’s products, outages or changes to their terms, but we will help you deal with the vendor.

Service levels

Response times and service levels apply only where stated in the Agreement. Otherwise, we will respond as soon as reasonably practicable during business hours.

Security and compliance advice

We provide services with reasonable skill and care, but no system can be made completely secure, and we cannot guarantee that any system will be free from attack, error or interruption. Regulatory compliance remains your responsibility. Our assessments and recommendations support that, but we do not provide legal advice.

Confidentiality

Each party will keep the other’s confidential information confidential, use it only for the engagement and disclose it only to those who need it, under similar duties, or where the law requires. This continues after the engagement ends.

Data protection

We handle personal data as set out in our Customer Privacy Policy and in line with the Data Protection Act (2021 Revision). Where we process personal data on your behalf, we act only on your documented instructions.

Intellectual property

When you have paid for them, you own the deliverables we create specifically for you, such as reports, policies and documentation. We keep ownership of our pre existing materials, tools, templates and know how, and grant you a licence to use any that form part of a deliverable for your own business.

Limitation of liability

• Our total liability under an Agreement is limited to the fees you paid under it in the 12 months before the claim
• Neither party is liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill
• Nothing in these terms limits liability that cannot be limited by law, including for fraud

Non solicitation

During an engagement and for 12 months after it ends, neither party will directly solicit for employment any member of the other’s staff who worked on the engagement, without the other’s written consent. General advertising is not solicitation.

Term and termination

• Each Agreement runs for the term it states
• Unless the Agreement says otherwise, either party may end recurring services on 30 days’ written notice
• Either party may end an Agreement immediately if the other materially breaches it and does not fix the breach within 14 days of written notice
• On termination you pay for work done to that date, and we hand over your data, documentation and credentials in an orderly way

Events beyond our control

Neither party is liable for delay or failure caused by events beyond its reasonable control, including hurricanes and severe weather, utility or telecoms outages and vendor failures. Obligations are suspended for as long as the event continues.

Governing law

These terms and every Agreement are governed by the laws of the Cayman Islands, and the courts of the Cayman Islands have exclusive jurisdiction.

General

These terms and the Agreement are the entire agreement between us for the engagement. Neither party may assign its rights without the other’s consent, which will not be unreasonably withheld. If any provision is unenforceable, the rest remain in effect. Notices must be in writing, which includes email. We may update these terms; changes apply to new Agreements and renewals.

Contact us

GABCO Enterprises
PO Box 1184, George Town, Grand Cayman KY1-1503, Cayman Islands

Email info@gabcoenterprises.com or call +1 345 769 4222.