Terms and Conditions
Terms and Conditions for M-Power Technology Solutions LLC
These Terms and Conditions ("Terms") govern your use of our website and the technology consulting, software development, and managed IT services ("Services") provided by M-Power Technology Solutions LLC ("us", "we", or "our"). By accessing our site or engaging our Services, you agree to be bound by these Terms.
1. Services
The specific scope of Services, including deliverables, timelines, and fees, will be outlined in a separate Service Agreement or Statement of Work ("SOW") signed by both parties. These Terms are incorporated by reference into any SOW.
2. Payment Terms
Client agrees to pay all fees as specified in the SOW. Payments are typically due in advance of the service period. Late payments may incur interest charges and may result in the suspension of Services until the account is brought current.
3. Intellectual Property
All pre-existing intellectual property of each party remains the property of that party. Any new materials, strategies, creative assets, or reports ("Work Product") developed by us during the provision of Services remain our intellectual property. Upon full payment for the Services, we grant the Client a non-exclusive, perpetual, worldwide license to use the final Work Product for their internal business purposes.
4. Client Responsibilities
The Client agrees to provide timely access to necessary resources, including personnel, systems access, technical documentation, and other information required for us to perform the Services. Delays in providing these resources may impact project timelines and results.
5. Confidentiality
Both parties agree to keep confidential all non-public information obtained from the other party during the course of the engagement. This includes business strategies, financial information, and Campaign Data. This obligation survives the termination of the agreement.
6. Termination
Either party may terminate the Service Agreement with written notice, typically 30 days. We reserve the right to terminate Services immediately for a material breach of these Terms or the SOW, including non-payment. Upon termination, the Client is responsible for all fees incurred up to the effective date of termination.
7. Disclaimer of Warranties
Our Services are provided "AS IS." We disclaim all warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose. We do not guarantee any specific business outcomes, such as increases in revenue, performance metrics, or availability, as these are influenced by many external factors.
8. Limitation of Liability
Our total liability to the Client for any claim arising out of or relating to the Services or these Terms shall not exceed the total fees paid by the Client to us in the three (3) months preceding the claim. We are not liable for any indirect, special, incidental, or consequential damages.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the relevant state, without regard to its conflict of law principles. Any disputes will be resolved in the appropriate state or federal courts.
10. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.