Terms of Service
These Terms of Service ("Terms") govern your access to and use of the website, content, and services provided by Techtronyx, Inc. ("Techtronyx", "we", "us", or "our"), including our DevOps As a Service offering (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Eligibility
You must be at least 18 years old and legally able to enter into a binding contract to use the Services. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
Services
Techtronyx provides managed DevOps engineering services, including but not limited to CI/CD pipeline design, cloud infrastructure management, container orchestration, monitoring, security, and on-call support. The specific scope, deliverables, timelines, and fees for each engagement will be set out in a separate statement of work, order form, or master services agreement ("Engagement Agreement") signed by both parties.
In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement shall prevail with respect to the subject matter of that engagement.
Accounts and Access
You are responsible for maintaining the confidentiality of any credentials provided to you and for all activity that occurs under your account. You agree to notify us promptly of any unauthorised access or suspected security incident. You are responsible for ensuring that your use of the Services complies with all applicable laws and third-party terms (including cloud provider terms of service).
Fees and Payment
Fees for Services are set out in the applicable Engagement Agreement. Unless otherwise stated, invoices are due within thirty (30) days of the invoice date. Late payments may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. You are responsible for any taxes, duties, or similar charges associated with the Services, excluding taxes based on our net income.
Client Responsibilities
To enable us to perform the Services, you agree to:
- Provide timely access to systems, repositories, cloud accounts, and personnel required for the engagement
- Supply accurate and complete information regarding your infrastructure, requirements, and priorities
- Maintain appropriate backups and disaster recovery controls for your own data
- Promptly respond to requests for decisions, approvals, or clarifications
- Ensure that your use of any third-party services is properly licensed and paid for
Acceptable Use
You agree not to use the Services to: (a) violate any applicable law or regulation; (b) infringe the intellectual property, privacy, or other rights of any third party; (c) transmit malicious code, malware, or harmful content; (d) attempt to gain unauthorised access to our systems or those of our other clients; or (e) interfere with or disrupt the integrity or performance of the Services.
Intellectual Property
We retain all right, title, and interest in and to the Services, including all underlying software, methodologies, templates, and documentation developed or used by us, excluding any Client Materials. "Client Materials" means materials, data, or information you provide to us or that we develop exclusively for you and that is identified as Client Materials in the applicable Engagement Agreement.
Subject to payment of fees, we grant you a non-exclusive, non-transferable licence to use the deliverables provided under an Engagement Agreement solely for your internal business purposes.
Confidentiality
Each party agrees to protect the other party's confidential information with the same degree of care it uses for its own confidential information, and no less than reasonable care. Confidential information shall not be disclosed to third parties except as necessary to perform obligations under these Terms, or as required by law.
Warranties and Disclaimers
We warrant that the Services will be performed in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS. EACH PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO US UNDER THE APPLICABLE ENGAGEMENT AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Indemnification
You agree to indemnify, defend, and hold harmless Techtronyx and its officers, directors, employees, and agents from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Services, or your violation of any applicable law or third-party right.
Term and Termination
These Terms remain in effect while you use the Services. Either party may terminate an Engagement Agreement in accordance with its terms or for material breach that remains uncured after thirty (30) days' written notice. Provisions that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, and indemnification) shall survive.
Changes to the Terms
We may modify these Terms from time to time. When we make material changes, we will update the "last updated" date above and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which Techtronyx is incorporated, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms shall be resolved exclusively in the courts of that jurisdiction, unless otherwise required by applicable consumer protection law.
Contact
For questions about these Terms, please reach out at [email protected].