Terms of Service

1. Acceptance of Terms

By accessing or using the Smith Software Consulting LLC website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

2. Scope of Services

Smith Software Consulting LLC provides custom software development, consulting, and related technology services. Specific project scope, deliverables, fees, timeline, and acceptance criteria will be defined in individual Statements of Work (SOW) or service agreements.

3. Use of Website

You agree to use our website only for lawful purposes and in ways that do not infringe upon the rights of others. You may not:

• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the website or servers
• Use the website to transmit malicious code or harmful content
• Collect or harvest information about other users
• Reproduce, duplicate, or copy content without permission

4. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of Smith Software Consulting LLC or its content suppliers and is protected by copyright and intellectual property laws.

For client projects, intellectual property ownership will be specified in the applicable SOW or service agreement. Typically, upon full payment, clients receive ownership of custom-developed code and deliverables, while we retain ownership of pre-existing tools, libraries, and methodologies.

5. Project Terms

5.1 Proposals and Agreements

All project work is governed by a Statement of Work (SOW) that includes scope, deliverables, timeline, fees, payment terms, and acceptance criteria. The SOW becomes binding upon mutual signature.

5.2 Fees and Payment

Fees are specified in the SOW and may be fixed-price, time-and-materials, or retainer-based. Payment terms typically require deposits before work begins and milestone payments throughout the project. Late payments may incur interest charges.

5.3 Changes and Scope

Changes to the agreed scope require written approval and may result in adjusted fees and timelines. We will provide change order estimates before proceeding with out-of-scope work.

5.4 Warranties

We warrant that services will be performed in a professional and workmanlike manner. We provide a warranty period (typically 30-90 days) after delivery for bug fixes related to delivered functionality. The warranty does not cover issues arising from client modifications, third-party services, or use outside of specifications.

6. Confidentiality

Both parties agree to maintain confidentiality of proprietary and sensitive information disclosed during the engagement. We may require a separate Non-Disclosure Agreement (NDA) for projects involving sensitive data or trade secrets.

7. Limitation of Liability

To the maximum extent permitted by law, Smith Software Consulting LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of our services.

Our total liability for any claims arising from services provided shall not exceed the total fees paid for the specific project or service giving rise to the claim.

8. Indemnification

You agree to indemnify and hold harmless Smith Software Consulting LLC from any claims, damages, losses, or expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights.

9. Termination

Either party may terminate a service agreement according to terms specified in the SOW. Upon termination, client shall pay for all work completed through the termination date. We reserve the right to terminate or suspend access to our website for violations of these terms.

10. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of Florida.

11. Modifications

We reserve the right to modify these terms at any time. Changes will be effective upon posting to this page with an updated "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified terms.

12. Contact Information

For questions about these Terms of Service, please contact: