Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and TWHC, LLC regarding your use of our website and services. By accessing or using our services, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our services.

Services Description

TWHC, LLC provides professional computer systems design and related technical services, including but not limited to:

• Computer integrated systems design and implementation
• Technical consulting and advisory services
• System integration and implementation services
• Custom software development
• Managed IT services and support
• Cloud solutions and DevOps services

The specific scope, deliverables, and terms of each engagement will be defined in separate service agreements or statements of work.

User Obligations

When using our services, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breaches
• Use our services only for lawful purposes and in accordance with these terms
• Not interfere with or disrupt the integrity or performance of our services
• Not attempt to gain unauthorized access to our systems or networks
• Comply with all applicable laws and regulations

Intellectual Property Rights

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, software, and documentation, are owned by TWHC, LLC or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Unless otherwise specified in a separate agreement, any custom solutions, software, or deliverables created specifically for you under a service engagement will be subject to the intellectual property terms outlined in the applicable service agreement.

Service Agreements and Statements of Work

Specific services will be provided pursuant to separate service agreements or statements of work that will include:

• Detailed scope of services and deliverables
• Project timelines and milestones
• Pricing and payment terms
• Acceptance criteria and procedures
• Intellectual property ownership and licensing terms
• Confidentiality obligations
• Warranties and support terms

In the event of any conflict between these Terms of Service and a specific service agreement, the service agreement will prevail.

Payment Terms

Payment terms will be specified in individual service agreements. Generally:

• Invoices are due within 30 days of the invoice date unless otherwise specified
• Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law
• We reserve the right to suspend services for accounts with overdue payments
• All fees are non-refundable unless otherwise specified in writing

Confidentiality

Both parties acknowledge that they may have access to confidential information during the course of our business relationship. Each party agrees to:

• Maintain the confidentiality of all proprietary and confidential information
• Use confidential information only for the purposes of the engagement
• Not disclose confidential information to third parties without prior written consent
• Return or destroy confidential information upon request or termination of services

Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. However:

• Our services are provided on an as-is and as-available basis
• We do not warrant that our services will be uninterrupted, error-free, or completely secure
• We disclaim all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose
• We do not warrant the accuracy, completeness, or reliability of any content or information provided through our services

Limitation of Liability

To the maximum extent permitted by law:

• Our total liability for any claims arising from or related to our services will not exceed the amount paid by you for the specific services giving rise to the claim in the 12 months preceding the claim
• We will not be liable for any indirect, incidental, special, consequential, or punitive damages
• We will not be liable for any loss of profits, revenue, data, or business opportunities
• These limitations apply regardless of the legal theory on which the claim is based

Indemnification

You agree to indemnify, defend, and hold harmless TWHC, LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your use of our services
• Your violation of these terms
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

Term and Termination

These terms remain in effect while you use our services. Either party may terminate a service engagement as specified in the applicable service agreement. Upon termination:

• You must pay for all services rendered up to the termination date
• We will return or destroy your confidential information as requested
• Provisions that by their nature should survive termination will continue in effect

Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Dispute Resolution

Any disputes arising from these terms or our services will be resolved as follows:

• The parties will first attempt to resolve disputes through good faith negotiations
• If negotiations fail, disputes may be submitted to mediation
• Any legal action must be brought in the state or federal courts located in California
• These terms are governed by the laws of the State of California

Modifications to Terms

We reserve the right to modify these terms at any time. We will notify you of material changes by posting the updated terms on our website and updating the Last Updated date. Your continued use of our services after such changes constitutes acceptance of the modified terms.

Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms of Service, together with any applicable service agreements and our Privacy Policy, constitute the entire agreement between you and TWHC, LLC regarding our services and supersede all prior agreements and understandings.

Assignment

You may not assign or transfer these terms or any rights or obligations hereunder without our prior written consent. We may assign these terms without restriction.

Waiver

No waiver of any term or condition will be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms will not constitute a waiver of such right or provision.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.