Terms of Service

Please read these terms carefully before using our services

Last Updated: January 1, 2024

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and Drywall Works LLC, a company registered in the United States at 10714 La Reina Ave APT 1, Downey, CA 90241-3453, concerning your access to and use of the www.drywallworks.surf website and our professional services.

By accessing our website or engaging our 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 or accessing our services.

Services Description

Drywall Works LLC provides professional computer systems design and related services, including but not limited to:

  • Computer integrated systems design and architecture
  • Technical consulting and strategic planning
  • System integration and implementation
  • Cloud infrastructure design and management
  • Performance optimization and system analysis
  • Professional, scientific, and technical services

The specific scope, deliverables, timeline, and pricing for services will be detailed in separate service agreements or statements of work.

Use of Website

Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:

  • Use the website in any way that violates applicable laws or regulations
  • Engage in any conduct that restricts or inhibits anyone's use of the website
  • Attempt to gain unauthorized access to any portion of the website
  • Use any automated system to access the website in a manner that sends more requests than a human can reasonably produce
  • Introduce viruses, trojans, or other malicious code
  • Collect or harvest any personally identifiable information from the website

Intellectual Property

The website and its entire contents, features, and functionality are owned by Drywall Works LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Service Agreements

Engagement Terms

Professional services provided by Drywall Works LLC are subject to separate written agreements that will specify:

  • Scope of work and deliverables
  • Project timeline and milestones
  • Fees, payment terms, and expenses
  • Intellectual property rights
  • Confidentiality obligations
  • Warranties and limitations of liability

Payment Terms

Unless otherwise specified in a service agreement, payment terms are as follows:

  • Invoices are due within 30 days of the invoice date
  • Late payments may incur interest charges at the rate of 1.5% per month
  • We reserve the right to suspend services for non-payment
  • All fees are non-refundable unless otherwise stated in writing

Client Responsibilities

When engaging our services, clients agree to:

  • Provide accurate and complete information necessary for service delivery
  • Respond to requests for information in a timely manner
  • Provide access to necessary systems, data, and personnel
  • Review and approve deliverables within agreed timeframes
  • Maintain appropriate backups of critical data
  • Comply with all applicable laws and regulations

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation includes:

  • Not disclosing confidential information to third parties without prior written consent
  • Using confidential information only for the purposes of the engagement
  • Taking reasonable measures to protect confidential information
  • Returning or destroying confidential information upon request or termination of services

Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties.

Warranties and Disclaimers

Service Warranties

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is valid for 90 days from the date of service completion.

Disclaimer of Warranties

Except as expressly stated in a service agreement, our services and website are provided on an AS IS and AS AVAILABLE basis. We disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties regarding accuracy, reliability, or completeness of information
  • Warranties that services will be uninterrupted or error-free
  • Warranties regarding third-party products or services

Limitation of Liability

To the maximum extent permitted by law, Drywall Works LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use our services
  • Any conduct or content of any third party
  • Unauthorized access, use, or alteration of your transmissions or content
  • Any other matter relating to our services

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you to us for the specific services giving rise to the claim during the 12 months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Drywall Works LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  • Your access to or use of our services
  • Your violation of these Terms of Service
  • Your violation of any third-party rights
  • Any content or data you provide to us

Termination

We reserve the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms of Service.

Either party may terminate a service agreement in accordance with the termination provisions specified in that agreement. Upon termination:

  • All outstanding fees become immediately due and payable
  • We will cease providing services
  • Each party will return or destroy confidential information
  • Provisions that by their nature should survive termination will remain in effect

Intellectual Property Rights

Pre-Existing Materials

Each party retains all rights to their pre-existing intellectual property. We retain ownership of our methodologies, tools, templates, and other materials developed independently of client engagements.

Work Product

Unless otherwise specified in a service agreement, upon full payment of all fees, clients receive a license to use deliverables created specifically for them. We retain the right to use general knowledge, skills, and experience gained during engagements.

Dispute Resolution

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from or relating to these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles County, California.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Modifications to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of any material changes by posting the updated terms on our website and updating the Last Updated date. Your continued use of our services after such modifications constitutes acceptance of the updated terms.

Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Entire Agreement

These Terms of Service, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Drywall Works LLC regarding our services and supersede all prior agreements and understandings.

Questions About These Terms?

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

Drywall Works LLC
10714 La Reina Ave APT 1
Downey, CA 90241-3453
United States

Email: contact@drywallworks.surf
Phone: +1 (882) 301-4577
Website: www.drywallworks.surf