Terms of Service

1. Acceptance of Terms

These Terms of Service govern the use of the website operated by EPOXYMOONCHILD, LLC and the professional services offered by the studio. By accessing this website, submitting an enquiry, or engaging the studio for work, you agree to be bound by these terms. If you do not agree with any part of these terms, you should not use the website or engage the studio.

This website is operated from 5 N Main St Ste 205, Cedar City - 84720-2652, United States (US). These terms apply alongside any separate written agreement signed by the studio and a client. Where a signed agreement conflicts with these terms, the signed agreement controls for the work it covers, and these terms continue to govern use of the website and any matter the agreement does not address.

2. Definitions

In these terms, the Company means EPOXYMOONCHILD, LLC, and the Studio is used interchangeably with the Company. Client means any person or organisation that engages the Company for services. Website means the pages published at epoxymoonchild.hair. Services means the computer systems design and technical services described in these terms and in any proposal or agreement. Content means all text, images, code, layout and other material published on the website. Visitor means any person who accesses the website.

Deliverable means any software, documentation, configuration or report produced by the Company for a Client. Engagement means a period of work performed for a Client under a proposal, statement of work or signed agreement. Confidential Information means non public information disclosed by one party to the other in connection with an engagement, whether marked confidential or not.

3. Eligibility and Authority

The website and the services of the Company are intended for businesses and adults. By using the website or engaging the Company, you confirm that you are at least the age of majority in your jurisdiction and that you have the legal authority to enter into a binding agreement. Where you act on behalf of an organisation, you confirm that you are authorised to bind that organisation to these terms.

If you do not have the required authority, you must not submit an enquiry on behalf of the organisation or purport to engage the Company. The Company may request reasonable evidence of authority before beginning work, and may decline an engagement where authority cannot be confirmed.

4. Services Provided

The Company provides integrated computer systems design and technical services. The core disciplines are systems integration programmes, custom software builds, cloud infrastructure design, data pipeline engineering, security assessments and managed IT support. Each discipline is described in more detail on the services page of this website, and the description there forms part of these terms.

The scope of any particular engagement is defined by the written proposal, statement of work or agreement that the Company and the Client sign. The Company does not provide legal advice, tax advice, medical advice or any other regulated professional advice, and nothing on this website should be read as such advice. Where an engagement touches on a regulated area, the Client is responsible for obtaining its own qualified advice.

5. Engagements and Proposals

Work begins only after a written proposal has been accepted by the Client and, where relevant, a deposit has been received. A proposal sets out the scope, the stages, the deliverables, the assumptions and the fees. Any item that is not expressly included in a proposal is out of scope unless the parties agree in writing to add it.

Where the Client requests a change to the scope, the Company will assess the effect on timeline, cost and risk, and will issue a written change order for approval before proceeding. The Company is not obliged to begin change work until the change order is accepted. Estimates of time and cost are made in good faith on the basis of the information available at the time, and may be revised where the underlying facts change.

6. Client Responsibilities

A successful engagement depends on cooperation. The Client agrees to provide accurate and complete information about the systems in scope, to make the necessary people available for decisions and reviews, and to grant the access reasonably required to perform the work. Where access is delayed, the Company may need to adjust the schedule and the fees to reflect the lost time.

• Provide timely access to systems, documentation and data required for the work
• Nominate a single point of contact with authority to approve decisions
• Review and respond to deliverables within a reasonable and agreed period
• Maintain valid licences for any third party software the Client supplies
• Ensure that any data supplied to the Company is provided lawfully
• Keep secure backups of data and systems that the Company is not contracted to manage

The Client remains responsible for its own business decisions, for the operation of its systems after handover, and for compliance with the laws and regulations that apply to its industry. The Company advises on technical matters and does not assume the Client regulatory or business obligations.

7. Fees and Payment

Fees for services are set out in the applicable proposal or agreement. Unless stated otherwise, fees are quoted exclusive of applicable taxes, and the Client is responsible for any tax that applies. Expenses that are reasonably incurred in the delivery of an engagement, such as travel or third party service charges, are billed at cost where the proposal allows for them.

Invoices are payable within the period stated on the invoice. The Company may suspend work where an invoice remains unpaid beyond its due date, and may charge interest on overdue amounts where the law permits. Where an engagement is cancelled by the Client, the Client remains responsible for payment for work performed and for commitments already made up to the date of cancellation. Deposits are non refundable unless the proposal states otherwise.

8. Intellectual Property

Unless a written agreement says otherwise, ownership of custom Deliverables produced for a Client transfers to the Client upon full payment of the fees for that work. The Company retains ownership of its pre existing tools, libraries, frameworks, methods and know how, and grants the Client a non exclusive licence to use those elements to the extent they are embedded in a Deliverable.

All Content on this website, including text, layout, styling, graphics and code, is owned by the Company or used under licence and is protected by applicable intellectual property law. Visitors may read and print the Content for their own reference, but may not reproduce, republish or redistribute the Content for commercial purposes without written permission from the Company.

Third party components used in a Deliverable remain subject to their own licence terms, and the Company will identify those components so that the Client can comply with the relevant licences. The Client is responsible for reviewing and accepting those terms before the Deliverable is used in production.

9. Confidentiality

Each party agrees to keep the Confidential Information of the other party confidential and to use it only for the purposes of the engagement. Confidential Information may be disclosed to employees, contractors or advisers who need it to perform the work and who are bound by confidentiality obligations at least as protective as these terms.

Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, that was already lawfully held without a duty of confidence, that is independently developed without use of the disclosed information, or that must be disclosed by law or court order. Where disclosure is required by law, the receiving party will give prompt notice where lawful so that the disclosing party may seek protection.

The Company keeps written change records and project notes as part of its normal practice. These records are handled as Confidential Information and are retained only as long as needed for support, accounting and legal purposes, in line with the Privacy Policy published on this website.

10. Acceptable Use of the Website

Visitors agree to use the website lawfully and respectfully. The following activities are not permitted: attempting to gain unauthorised access to any part of the website or its underlying infrastructure; introducing malicious code or conducting denial of service attacks; scraping the website in a way that imposes an unreasonable load; using the website or its Content to mislead or harm others; and any use that violates applicable law or the rights of any person.

The Company may restrict or block access to the website where it reasonably believes that a visitor is engaged in prohibited activity or where access threatens the security or availability of the service. The Company may also modify, suspend or discontinue any part of the website at any time without notice.

11. Third Party Components

Engagements may involve third party software, cloud platforms, data services or hardware. The Company selects or advises on such components with reasonable care, but does not control them and does not warrant their performance, availability or security beyond what the third party itself offers. The Client is responsible for the fees, licence terms and service conditions of any third party component it adopts.

Where a third party changes its terms, discontinues a service or raises its prices, the Company will inform the Client and will help assess alternatives. The Company is not liable for losses caused by a third party decision that is outside its control, but it will work in good faith to mitigate the effect on the Client.

12. Warranties and Disclaimers

The Company warrants that services will be performed with reasonable skill and care by suitably qualified personnel and in a professional manner consistent with industry practice. Where a Deliverable does not conform to the agreed specification, the Company will, as its primary remedy, correct the non conformity at no additional charge provided the issue is reported within the period stated in the applicable agreement.

Except for the warranty stated above, and to the fullest extent permitted by law, the website and all services are provided on an as available basis without further warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non infringement. The Company does not warrant that the website will be uninterrupted, error free or free of harmful components, or that any system will be immune from intrusion.

13. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, data, goodwill or business opportunity, arising out of or in connection with the website or the services, whether based in contract, tort, strict liability or any other theory, even if the Company has been advised of the possibility of such damages.

The total aggregate liability of the Company arising out of or in connection with an engagement is limited to the total fees actually paid by the Client to the Company for the services giving rise to the claim. The total aggregate liability of the Company arising out of use of the website by a visitor who is not a Client is limited to one hundred United States dollars. These limits apply in the aggregate to all claims of any kind.

Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence where such a limitation is prohibited by law.

14. Indemnification

The Client agrees to indemnify and hold harmless the Company and its personnel from claims, losses, damages and reasonable costs arising from the Client content, data or systems supplied to the Company, from the Client use of a Deliverable in a manner outside the agreed specification, or from the Client breach of these terms or of applicable law.

The Company agrees to indemnify and hold harmless the Client from third party claims alleging that a custom Deliverable, as delivered and used within the agreed specification, infringes a United States intellectual property right, provided that the Client promptly notifies the Company of the claim and allows the Company to control the defence. Where such a claim arises, the Company may, at its option, modify the Deliverable, obtain a licence, or refund the fees paid for the affected Deliverable.

15. Term and Termination

These terms apply for as long as a visitor uses the website and, for a Client, for the duration of an engagement and afterwards for the provisions that by their nature survive. Either party may terminate an engagement for material breach by the other party where the breach is not cured within a reasonable period after written notice, or immediately where the other party becomes insolvent or ceases to trade.

On termination, the Client will pay for all work performed and commitments made up to the date of termination, and the Company will deliver work in progress and any completed Deliverables for which payment has been received. Each party will return or securely destroy the Confidential Information of the other party on request, except where retention is required by law or by professional record keeping obligations.

Termination of an engagement does not automatically terminate the right of a Client to continue using a completed Deliverable that has been paid for. Managed support agreements may be terminated by either party on the notice period stated in the applicable agreement.

16. Changes to These Terms

The Company may update these Terms of Service from time to time to reflect changes in law, in the services offered, or in the way the business operates. When the terms change, the date at the top of the page is updated. Where a change is significant, the Company will take reasonable steps to bring it to the attention of Clients who hold an active agreement.

The version of these terms published on the website is the current version. Continued use of the website after a change takes effect means that the visitor accepts the updated terms. For an active engagement, the terms in force when the engagement began continue to govern that engagement unless the parties agree otherwise in writing.

17. Governing Law and Disputes

These terms are governed by the laws of the State of Utah and by the applicable laws of the United States, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for the resolution of any dispute arising out of or in connection with these terms or the services, except where the law gives a consumer the right to bring proceedings elsewhere.

Before commencing formal proceedings, the parties agree to attempt to resolve any dispute through good faith discussion, beginning with written notice that describes the issue and the outcome sought. If the dispute is not resolved within a reasonable period, the parties may proceed to mediation or to the courts as provided above. Nothing in this clause prevents a party from seeking urgent injunctive relief where necessary to protect its rights.

18. General Provisions

If any provision of these terms is found to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force. The failure of a party to enforce a provision on one occasion is not a waiver of the right to enforce it later. These terms, together with any signed agreement and the Privacy Policy, constitute the entire agreement between the parties on the matters they cover.

The Company may assign or transfer its rights and obligations under these terms as part of a merger, acquisition or transfer of assets. A Client may not assign an agreement without the prior written consent of the Company. No party is liable for a failure to perform caused by an event beyond its reasonable control, such as a natural disaster, power failure or widespread network outage, provided that the affected party gives prompt notice and works to resume performance.

Headings in these terms are for convenience only and do not affect interpretation. A reference to a document or agreement includes any amendment made in accordance with its terms. Nothing in these terms creates a partnership, joint venture or employment relationship between the parties, and neither party has authority to bind the other except as expressly agreed.

19. Contact Information

Questions about these Terms of Service, about an engagement, or about the services of the Company should be sent to the studio using the details below. The Company reads every message and responds in the order it arrives.

By continuing to use this website or by engaging the services of the Company, you confirm that you have read, understood and accepted these Terms of Service and the Privacy Policy published alongside them.