What matters most
Every project is quoted at a fixed price and agreed in writing before any work begins. Your data stays yours. My analysis is professional opinion, not financial, legal, tax or investment advice, and business decisions remain yours to make.
1. Who these terms are with
These terms govern both your use of this website and any analysis project carried out by Joseph W. Persteins, a sole practitioner based in Columbus, Georgia ("I", "me"). "You" means the visitor or the client, as the context requires. Using this site means you accept the website terms in sections 2 and 9 to 12.
2. Using this website
You may read this site and contact me through it. You may not attempt to interfere with it, gain unauthorised access to it, or use automated means to extract its contents at a scale that burdens it. The writing, design, code and the chart plate are mine and are protected by copyright. The underlying chart data is public domain material from the National Oceanic and Atmospheric Administration; my rendering of it is not.
3. How a project works
An enquiry is not a contract. A project begins only when I have sent you a written scope and price and you have accepted it in writing. That written scope governs, and where it conflicts with these terms, the scope wins.
- Fixed price. The agreed price does not change during the project. If the work turns out to need materially more than was scoped, I will tell you and we agree a revised price before continuing, or we stop and you pay only for what is complete.
- One question. Each project answers the question set out in the scope. Further questions are further projects.
- A defined end. You receive a report, the figures behind it, and a recommendation. There is no retainer and no subscription.
4. What I need from you
The work depends entirely on the records you provide. You confirm that you are entitled to share them with me and that doing so breaches no agreement or law binding you. Analysis reflects the data supplied: if the records are incomplete or inaccurate, the findings will inherit those limits, and I will say so plainly in the report rather than quietly working around it.
If the data cannot support a reliable answer to your question, I will tell you, and I will refund the unearned portion of the fee rather than deliver findings I do not stand behind.
5. Payment
Payment terms are set in the written scope. Unless it says otherwise, invoices are due within fourteen days of delivery. Work may be paused on overdue accounts.
6. Who owns what
Your data remains yours. I claim no ownership of anything you send.
On full payment, the report and its findings become yours to use in your business however you wish. I keep ownership of the underlying methods, code, scripts and general know-how, including anything developed during your project, and may reuse them. I will not reuse your data, your figures, or anything identifying your business.
I will not name you as a client, quote you, or describe your project publicly without your written permission.
7. Confidentiality
Everything you share in confidence stays confidential, indefinitely, and is used only for your project. This does not cover information that is already public, that I already held, or that I am legally compelled to disclose. If I am compelled, I will tell you first where the law permits it.
8. The limits of what I provide
Please read this part
Analysis, forecasts and recommendations are professional opinion based on the data available at the time. They are not financial, investment, legal, accounting or tax advice, and nothing in a report creates a fiduciary relationship between us.
A forecast is an estimate of what may happen, not a promise that it will. No particular business outcome, revenue figure, saving or return is guaranteed. Decisions you take remain yours, and you should take professional advice from a licensed accountant, attorney or financial adviser where the decision warrants it.
9. Liability
Nothing here limits liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot lawfully be limited.
Subject to that, and to the maximum extent the law allows: the website is provided as is, with no warranties of any kind; my total liability arising out of a project is limited to the fees you actually paid for that project; and I am not liable for indirect or consequential loss, lost profits, lost revenue, lost data or business interruption.
10. Ending a project
Either of us may end a project in writing at any time. You pay for work completed to that point; I refund anything paid in advance and unearned. Sections 6, 7, 8, 9 and 11 survive.
11. Governing law
These terms are governed by the laws of the State of Georgia, without regard to its conflict of laws rules. The state and federal courts sitting in Muscogee County, Georgia have exclusive jurisdiction. If any provision is held unenforceable, the rest continues in force.
12. Changes and contact
These terms may change; the date at the top shows when they last did. The version in force for a project is the version at the date the scope was accepted. Questions to jperst4162@gmail.com.