Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and AlkynTech ("Company," "we," "us," or "our") concerning your access to and use of our website at alkyntech.com and our related services (collectively, the "Services").

By accessing or using the Services, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

Services Overview

AlkynTech provides professional web development and automation services, including but not limited to:

• Custom website design and development
• Web application development
• Workflow automation and integration services
• Technical consulting and support
• Ongoing maintenance and updates

The specific scope, timeline, deliverables, and pricing for each project will be outlined in a separate Service Agreement or Statement of Work ("SOW").

Client Responsibilities

To ensure successful project completion, you agree to:

• Provide Information: Supply accurate, complete, and timely information, materials, and feedback required for the project
• Communication: Respond to inquiries and requests within reasonable timeframes
• Access: Provide necessary access to systems, platforms, accounts, and resources needed to complete the work
• Content: Ensure all content, images, text, and materials you provide are legally owned or licensed by you
• Third-Party Services: Obtain and maintain any necessary third-party services, licenses, or accounts (hosting, domains, APIs, etc.)
• Approvals: Review deliverables and provide approval or feedback within agreed timelines

Payment Terms

Pricing and Invoicing

Service fees, payment schedules, and payment methods will be specified in your SOW. Unless otherwise agreed in writing:

• A deposit or upfront payment may be required before work begins
• Milestone payments may be required for larger projects
• Final payment is due upon project completion or as specified in the SOW
• All prices are in USD unless otherwise specified

Late Payments

Invoices are due within the timeframe specified (typically 7-14 days). Late payments may result in:

• Work suspension until payment is received
• Late fees of 1.5% per month (or the maximum allowed by law) on overdue amounts
• Withholding of deliverables, access, or source code until payment is complete

Refunds

Due to the custom nature of our services:

• Deposits and completed work are generally non-refundable
• Refunds may be considered on a case-by-case basis at our sole discretion
• If you cancel a project after work has begun, you are responsible for payment of work completed to date

Intellectual Property Rights

Client-Provided Materials

You retain all rights to materials, content, branding, and intellectual property you provide to us. By providing these materials, you grant us a non-exclusive license to use them solely for the purpose of completing your project.

Work Product Ownership

Upon full payment of all fees:

• You will own the final deliverables created specifically for you (custom code, designs, etc.)
• We retain ownership of our pre-existing code, frameworks, templates, tools, and methodologies
• You receive a license to use such pre-existing materials as incorporated into your project
• We may use generic, non-confidential knowledge and techniques developed during the project

Portfolio Rights

We reserve the right to:

• Display completed work in our portfolio and marketing materials
• Use your project as a case study (with your approval)
• List you as a client (unless you request otherwise)

If you require confidentiality or non-disclosure, this must be specified in writing before work begins.

Third-Party Components

Projects may incorporate third-party libraries, frameworks, or services (open-source or licensed). You are responsible for compliance with their respective licenses.

Project Timeline and Scope

Timelines

Project timelines are estimates based on the information available at project start. Timelines may be affected by:

• Delays in receiving materials, feedback, or approvals from you
• Scope changes or additional requests
• Technical complications or third-party service issues
• Force majeure events beyond our reasonable control

Scope Changes

Any changes to the agreed scope (new features, design revisions, additional pages, etc.) may require:

• Additional fees
• Adjusted timelines
• A revised SOW or change order

All scope changes must be agreed upon in writing before additional work proceeds.

Revisions

The number of included revision rounds will be specified in your SOW (typically 2-3 rounds). Additional revisions beyond the agreed amount may incur additional fees.

Warranties and Disclaimers

Our Warranties

We warrant that:

• Services will be performed with reasonable skill and care
• Work will substantially conform to the agreed specifications in the SOW
• We will fix material defects in our work for a period specified in your SOW (typically 30-90 days post-launch)

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED ABOVE, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Guaranteed results, traffic, rankings, or revenue
• Uninterrupted or error-free operation of third-party services
• Compatibility with all future software, browsers, or devices

We are not responsible for issues caused by:

• Changes you or third parties make after project completion
• Hosting, server, or infrastructure issues outside our control
• Third-party service failures, API changes, or discontinuations
• Content or materials you provide

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability for any claims arising from services shall not exceed the total amount you paid us for the specific project giving rise to the claim
• We shall not be liable for indirect, incidental, special, consequential, or punitive damages
• This includes but is not limited to: lost profits, lost revenue, lost data, business interruption, or loss of business opportunity

Some jurisdictions do not allow limitation of certain damages, so some limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless AlkynTech and its employees, contractors, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Content, materials, or information you provide
• Infringement of any third-party intellectual property rights
• Your use of the final deliverables in a manner not authorized by these Terms

Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project. This obligation:

• Applies to information clearly marked as confidential or reasonably understood to be confidential
• Does not apply to information that is public, independently developed, or lawfully obtained from third parties
• Survives termination of the service agreement

For projects requiring heightened confidentiality, a separate Non-Disclosure Agreement (NDA) may be executed.

Termination

Termination by You

You may terminate services at any time by providing written notice. Upon termination:

• You remain responsible for payment of all work completed to the date of termination
• Any deposits or prepayments for work not yet performed may be refunded at our discretion
• We will deliver work completed to date (at our discretion) upon receipt of payment

Termination by Us

We may terminate services if:

• Payment is more than 30 days overdue
• You fail to provide necessary materials, access, or feedback after reasonable notice
• You violate these Terms or engage in abusive, illegal, or unethical conduct
• The project becomes commercially impractical or legally problematic

Effect of Termination

Upon termination by either party:

• All outstanding fees become immediately due
• We may cease all work and revoke access to deliverables until payment is received
• Provisions regarding payment, intellectual property, confidentiality, and liability survive termination

Ongoing Maintenance and Support

Post-launch maintenance and support are available as separate services and are not included unless explicitly stated in your SOW. Maintenance may include:

• Software and security updates
• Bug fixes and technical support
• Content updates and minor changes
• Performance monitoring and optimization

Maintenance agreements are billed separately (monthly, annually, or hourly) and may be terminated with 30 days' written notice.

Third-Party Services

Our Services may integrate with or rely on third-party platforms, APIs, hosting providers, or services. We are not responsible for:

• Availability, performance, or security of third-party services
• Changes, discontinuation, or price increases by third-party providers
• Your compliance with third-party terms of service

You are responsible for obtaining, maintaining, and paying for any necessary third-party services required for your project.

Dispute Resolution

Informal Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiation. Contact us at info@alkyntech.com to initiate a discussion.

Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the state in which AlkynTech is registered, without regard to conflict of law principles.

Arbitration

If informal resolution fails, any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place remotely or in a mutually agreed location.

General Provisions

Entire Agreement

These Terms, together with any SOW, constitute the entire agreement between you and AlkynTech regarding the Services and supersede all prior agreements and understandings.

Amendments

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. Your continued use of the Services after changes are posted constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet/utility failures.

Contact Information

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