Terms of Service for Software Development
These Terms of Service (“TOS”) govern the relationship between Expert Help Now and you concerning the development of software products. By engaging our services, you agree to be bound by these TOS.
1. Project Scope and Specifications:
The specific details of the software product to be developed, including features, functionalities, and deliverables, will be outlined in a separate project agreement or proposal (“Project Specifications”) that will be mutually agreed upon before development commences. Any changes to the Project Specifications after agreement may require a revised agreement and adjustments to the project timeline and cost.
2. Ownership of Software Products:
Upon full payment of all fees due under the agreed-upon Project Specifications, you will own all rights, title, and interest in the developed software product, including the source code, documentation, and any associated materials. Until full payment is received, ownership of the software product remains with Expert Help Now.
3. Payment Terms:
For our WordPress Service Packages/Plans – these are pre-paid via the website interface. Monthly service plans will renew once per month with the same payment source as the original purchase. There is a two(2) month minimum on all of our monthly service plans.
Payment terms will be detailed in the Project Specifications. Typically, projects are billed in milestones, with payments due upon completion of each milestone. Failure to make timely payments may result in project delays or termination.
4. Client Responsibilities:
You are responsible for providing us with timely feedback, necessary information, and approvals required for the project’s completion. Delays caused by your failure to fulfill these responsibilities may result in adjustments to the project timeline and cost.
5. Our Responsibilities:
We are committed to delivering the software product as outlined in the Project Specifications, meeting agreed-upon timelines and quality standards. We will use reasonable efforts to ensure the software is free from defects and performs as intended.
6. Warranty and Disclaimer:
We warrant that the developed software product will substantially conform to the Project Specifications for a period of 30 days from the date of delivery. This warranty does not cover issues caused by:
Your modifications to the software.
Third-party software or hardware.
Improper use or installation of the software.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.
7. Limitation of Liability:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TOS OR THE SOFTWARE PRODUCT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US UNDER THE APPLICABLE PROJECT SPECIFICATIONS. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Website Work and Protection:
When working on your existing website, we will take reasonable precautions to avoid any damage or disruption. However, website environments can be complex, and unforeseen issues may arise. You agree to:
Provide us with access to your website and hosting environment necessary for the project.
Ensure you have a recent backup of your website before we begin any work. We strongly recommend you maintain regular backups.
Acknowledge that while we will make every effort to prevent issues, we are not responsible for any data loss, website errors, or downtime that may occur during the course of our work, unless caused by our gross negligence or willful misconduct.
9. Intellectual Property:
All pre-existing intellectual property rights remain with their respective owners. You represent that you have all necessary rights to any content or materials you provide to us for use in the software product.
10. Confidentiality:
Both parties agree to keep confidential any information disclosed during the course of the project.
11. Governing Law:
These TOS shall be governed by and construed in accordance with the laws of Montana.
12. Entire Agreement:
These TOS, together with the Project Specifications, constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.
13. Changes to TOS:
We reserve the right to modify these TOS at any time. Any changes will be posted on our website and will be effective immediately.
Definitions and legal references
This Website (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
Expert Help Now – The natural person(s) or legal entity that provides this Website and/or the Service to Users.
Service
The service provided by this Website as described in these Terms and on this Website.
Terms
Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.
User (or You)
The natural person or legal entity that uses this Website.
This document is an agreement between You and Expert Help Now .
You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”) and any additional terms that apply.
These Terms govern
the conditions of allowing the use of this website, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in appropriate sections of this document.
The User must read this document carefully.
If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.
This Website is provided by:
Expert Help Now
PO Box 18012
Missoula
US
Owner contact email: admin@experthelpnow.com
Summary of what the User should know
Terms of use
Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.
By using this Website, Users confirm to meet the following requirements:
Content on this Website
Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.
The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.
In such cases, the User is requested to report complaints using the contact details specified in this document.
Access to external resources
Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations or third-party rights.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Intellectual property rights
Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Website are the exclusive property of the Owner or its licensors.
Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and or the Service are the exclusive property of the Owner or its licensors.
The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms.
Failure to accept the revised Terms may entitle either party to terminate the Agreement.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Website must be sent using the contact information stated in this document.
Severability
Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Last Updated: February 7,2025
