- Introduction These Terms and Conditions (the “Agreement”) govern the use of the IT company’s services and products (the “Services”). The Agreement is between the IT company (the “Company”) and the user of the Services (the “Client”). By using the Services, the Client agrees to be bound by this Agreement. If the Client does not agree to the terms of this Agreement, the Client should not use the Services.
- Description of Services The Company provides a range of IT services, including but not limited to software development, website design and hosting, data storage and management, and consulting services. The specific Services to be provided will be specified in a separate agreement between the Company and the Client.
- Payment The Client will pay the fees for the Services as specified in the agreement between the Company and the Client. The fees are due and payable upon receipt of the Company’s invoice. The Client is responsible for any taxes associated with the Services.
- Intellectual Property The Client acknowledges that the Services and any intellectual property rights related to the Services are the property of the Company. The Client may use the Services and any intellectual property rights related to the Services only as specified in this Agreement. The Client agrees not to use the Services for any illegal purpose.
- Confidentiality The Client agrees not to disclose any confidential information of the Company. The Client agrees to take reasonable precautions to protect the confidentiality of the Company’s confidential information.
- Termination This Agreement is effective until terminated. The Company may terminate this Agreement at any time, with or without cause, upon written notice to the Client. Upon termination, the Client will immediately stop using the Services and will return all confidential information of the Company.
- Warranties and Representations The Company warrants that the Services will be performed in a professional and workmanlike manner. The Company does not warrant that the Services will meet the Client’s requirements or that the Services will be error-free.
- Limitation of Liability The Company will not be liable for any damages resulting from the use of the Services. The maximum liability of the Company to the Client for any damages will be limited to the fees paid by the Client for the Services.
- Dispute Resolution Any dispute arising from this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in the state where the Company is located.
- Governing Law This Agreement will be governed by the laws of the state where the Company is located, without regard to its conflict of law provisions.
- Entire Agreement This Agreement constitutes the entire agreement between the Company and the Client and supersedes all prior understandings, negotiations, and agreements between the parties. This Agreement may not be amended except in writing signed by both the Company and the Client.
- Assignment The Client may not assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement without the prior written consent of the Client.
- Waiver The failure of either party to enforce any right under this Agreement will not be deemed a waiver of that right.
- Severability If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.
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