Terms of Service
These Terms of Service govern the contracting and provision of professional services by TEMOCHE CONSULTING S.A.C. (hereinafter "Temoche Consulting"), a Peruvian closed corporation domiciled at Avenida Paseo de la República 3195, Office 504, San Isidro, Lima, Peru, Peruvian taxpayer ID RUC 20610358668.
1. Service scope
Temoche Consulting provides consulting services in PCI DSS, ISO/IEC 27001 and Peruvian Personal Data Protection Law (Law 29733) management systems, plus complementary frameworks (PCI PIN, PCI 3DS, ISO 22301, ISO 31000, ISO 37001, SPLAFT, and applicable Peruvian sector regulations). The specific scope of each engagement is defined in a formal proposal following an initial calibration meeting.
2. Proposal and contracting
Every contractual relationship is formalized through a written proposal (Statement of Work or equivalent) signed by authorized representatives of both parties, detailing scope, deliverables, schedule, price, payment conditions and client dependencies. This website is informational and does not constitute a binding contractual offer.
3. Intellectual property of deliverables
Deliverables produced under an engagement (policy documents, records, evidence, executive reports, audit dossiers) are client property from formal delivery. Working repositories, internal tooling and our proprietary methodology are and remain the exclusive intellectual property of Temoche Consulting.
Temoche Consulting grants the client a perpetual, non-exclusive, non-transferable internal-use license over our proprietary-methodology-derived templates and procedures included in the deliverables. The client may not commercialize, redistribute or publish such templates without prior written authorization.
4. Limitation of liability
Temoche Consulting assumes obligations of means, not of results. It does not guarantee regulatory approval or certification issuance by external certification bodies (QSA, certification body, independent auditor), which depend on the sovereign and independent evaluation of those third parties.
Temoche Consulting's financial liability towards the client, for any cause arising from an engagement, is limited to the total amount effectively paid by the client under the specific contract giving rise to the claim, during the twelve months preceding the event motivating the claim.
5. Bilateral confidentiality
Both parties undertake confidentiality obligations over all information exchanged during the engagement. The confidentiality obligation remains in force during contract execution and for a minimum of five years after its termination. Temoche Consulting signs mutual NDAs when the client requires so before sharing sensitive information.
6. Independence and conflict management
Temoche Consulting applies a proprietary independence and conflict-management framework derived from ISACA, EC-Council and the PCI SSC Code of Professional Responsibility. Before the first meeting, each service request is screened against sector exclusions, competitive overlaps and economic dependencies of the lead practitioner with relevant third parties. When any independence-compromising circumstance concurs, the engagement is declined and the declined-leads register remains auditable by active clients under NDA.
7. Subcontracting
Temoche Consulting may rely on associated consultants from its professional network for execution of specific tasks, maintaining at all times technical direction, responsibility for deliverable quality and signature of the lead practitioner designated per engagement. Associated consultants are bound by the same confidentiality and independence commitments as the internal team.
8. Business continuity
Each engagement has a designated backup consultant from kick-off, with system access from Phase 02. Working repositories are held under contractual escrow during the engagement plus twenty-four additional months, ensuring recoverability against continuity events.
9. Payment
Payment terms, currency, invoicing milestones and timelines are detailed in each engagement's signed proposal. Failure to pay within the agreed term entitles Temoche Consulting to suspend service provision upon written notice with fifteen business days' notice.
10. Personal data
The processing of personal data of the client and of data subjects related to the engagement is governed by the Privacy Policy of Temoche Consulting and by the specific contractual framework when Temoche Consulting acts as data processor on behalf of the client.
11. Force majeure
The contractual obligations of both parties are suspended, without generating breach liability, upon force majeure or fortuitous events pursuant to article 1315 of the Peruvian Civil Code: governmental acts, armed conflict, natural disasters, declared pandemics, massive failures of critical internet infrastructure or essential third-party providers, DDoS cyberattacks against the client or enabling engagement infrastructure, or other unforeseeable and irresistible events. The affected party will notify in writing within five business days from the start of the event, indicating estimated duration and impact on specific obligations.
12. Mutual non-solicitation of personnel
During the engagement and for a period of twelve months after its termination, the parties mutually refrain from hiring, directly or indirectly (including through third parties), technical personnel, consultants or associates who materially participated in the engagement, except with prior written consent of the other party. This clause does not prevent hiring professionals who respond to open search processes not directed at the other party.
13. Use of artificial intelligence in delivery
Temoche Consulting may employ generative artificial intelligence tools (LLMs) as operational support for drafting, document review and preliminary analysis, always under human supervision by the designated lead practitioner and without transferring responsibility for deliverables to AI providers. No client-identifiable personal data nor regulatory evidence under NDA (ROCs, SoA, audit findings) is input into public AI providers without an enterprise instance with a DPA equivalent to that of the contractual relationship itself. When a project requires large-scale AI processing of client information, it will be agreed in writing in the SOW beforehand.
14. Express warranties and disclaimer of implied warranties
Express warranties given by Temoche Consulting are limited to what is specifically agreed in each signed SOW. Except as expressly agreed, Temoche Consulting does not grant implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights or uninterrupted service continuity. Any warranty claim must be formalized in writing within the timeframes and through the mechanisms agreed in the SOW.
15. Website terms of use
Access and use of temocheconsulting.com is subject to the following conditions: (a) site content is intellectual property of Temoche Consulting and is published for institutional informational purposes; it does not constitute binding professional advice until a SOW is signed; (b) large-scale automated scraping, reverse engineering of site functions or any use that violates the robots.txt terms is prohibited; (c) Temoche Consulting does not guarantee uninterrupted site availability, absence of content errors or permanent currency of published information; (d) the jurisdiction applicable to site use coincides with that declared in section 17; (e) reports of security vulnerabilities affecting this site must be sent through the channel indicated at /en/security/ and following the /.well-known/security.txt file published per RFC 9116.
16. Modifications to these terms
Temoche Consulting may modify these Terms of Service for future versions of its website. Prior versions are internally archived and recoverable upon legal or audit requirement at reasoned request to legal@temocheconsulting.com. Active engagements continue to be governed by the version of terms incorporated in their original signed proposal.
17. Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Peru. For any controversy arising from their interpretation or execution, the parties submit to the Courts and Tribunals of the Judicial District of Lima, except for specific arbitration clauses in a signed proposal.
18. Legal contact
For any inquiry related to these terms: legal@temocheconsulting.com.