Terms of Service
These Terms of Service ("Terms") govern the relationship and provision of software development and related technical services between Bit Shift Software LLC ("Company", "we") and you ("Client"). By engaging our services, you agree to these Terms.
1. Provision of Services
The specific services, deliverables, timelines, and fees will be outlined in a formal Statement of Work (SOW) or similar agreement signed by both parties. Services may include, but are not limited to, custom software development, system integration, automation, infrastructure work, and ongoing maintenance or support.
2. Payment Terms
Fees are invoiced according to the schedule in the SOW, which may be project-based, time and materials, or on a retainer basis. All payments are due upon receipt unless otherwise specified. The Client is responsible for any third-party infrastructure, licensing, or service costs (for example, cloud hosting or SaaS subscriptions). Fees paid to the Company for services already rendered are non-refundable.
3. Client Responsibilities & Timelines
The Client agrees to provide timely access to necessary information, systems, accounts, and personnel required for the Company to perform its services. Project timelines are contingent upon this cooperation. Delays in providing feedback, decisions, or approvals may shift the overall project timeline.
4. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information shared during the engagement, including source code, credentials, architecture details, and business strategies. This obligation remains in effect even after the termination of our service agreement.
5. Legal Disclaimers
The Company does not guarantee specific business outcomes or performance results, as software systems may be affected by third-party services, infrastructure, and factors outside of our control. We guarantee that our services will be performed with professional skill and care. Except where prohibited by law, our aggregate liability is limited to the fees paid for our services in the preceding three (3) months. Please see the Disclaimer on the Bit Shift Software website for further details.
6. Termination
Either party may terminate the service agreement with thirty (30) days' written notice, unless otherwise specified in the SOW. The Client is liable for payment for all services rendered and committed work up to the effective termination date.