Terms of Service
The following terms govern your use of our software design, development, and consulting services.
1. Agreement to Terms
By engaging the software design, development, and consulting services of Quantum Software Design, LLC ("Agency", "we", "us"), you ("Client") agree to be bound by these Terms of Service. These terms govern the provision of all software-related services, including but not limited to architecture and design, application development, integration, and technical advisory work.
2. Services and Scope of Work
The specific services, deliverables, timelines, and scope of work will be detailed in a separate proposal or Statement of Work (SOW) agreed upon by both parties. Any changes to the scope of work must be agreed upon in writing.
3. Payment Terms
Payment for services will be outlined in the SOW. Services may be billed on a fixed-fee, time-and-materials, or retainer basis, as specified in the SOW. Failure to make timely payments may result in a suspension of services. Unless otherwise stated, all payments are non-refundable.
4. Client Obligations
The Client agrees to provide the Agency with all necessary access to information, digital assets, and platforms required to perform the services. This includes access to repositories, development and staging environments, documentation, and other relevant resources. The Client is responsible for the accuracy and legality of all materials and data provided to the Agency.
5. Confidentiality
Both parties agree to keep confidential all proprietary information, including business strategies, source code, infrastructure details, client data, and any non-public information shared during the engagement. This obligation of confidentiality extends beyond the termination of the service agreement.
6. Intellectual Property
Any pre-existing intellectual property shall remain the property of its respective owner. All software deliverables, documentation, and other materials created by the Agency specifically for the Client during the engagement will become the property of the Client upon full payment for the services rendered, unless otherwise specified in the SOW. The Agency may re-use non-confidential, generic know-how and patterns developed during the engagement.
7. Limitation of Liability
While the Agency will make every effort to achieve the Client's desired results, we do not guarantee specific outcomes, such as performance benchmarks, revenue increases, or error-free software. The technology landscape is subject to constant change beyond our control. In no event shall Quantum Software Design, LLC be liable for any indirect, special, or consequential damages arising out of our services, to the maximum extent permitted by law.
8. Term and Termination
The service agreement will continue for the term specified in the SOW. Either party may terminate the agreement with written notice, typically 30 days, as outlined in the SOW. Upon termination, the Client is responsible for all fees incurred up to the termination date.
9. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which Quantum Software Design, LLC is registered, without regard to its conflict of law provisions.
10. Changes to Terms
Quantum Software Design, LLC reserves the right to modify these terms at any time. We will notify clients of any significant changes. Continued use of our services after such changes constitutes acceptance of the new terms.