Terms of Service

1. Acceptance of Terms

By accessing and using the DefendX1 website (DefendX1) and engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

2. Description of Services

DefendX1 provides professional consulting services in the following areas:

• DevOps Engineering: CI/CD pipeline design, automation, and implementation
• Cloud Architecture: AWS, Azure, Google Cloud platform design and migration
• Security Consulting: Security assessments, vulnerability management, and compliance
• Infrastructure as Code: Terraform, Ansible, and other IaC implementations
• Containerization: Docker and Kubernetes orchestration and deployment
• System Administration: Linux and Windows server management and optimization
• Training and Workshops: Technical training and knowledge transfer sessions

3. Service Engagement Process

3.1 Initial Consultation

All service engagements begin with an initial consultation to understand your requirements, assess project scope, and provide recommendations. This consultation may be provided at no charge at our discretion.

3.2 Statement of Work

For formal engagements, we will provide a detailed Statement of Work (SOW) that includes:

• Project scope and deliverables
• Timeline and milestones
• Pricing and payment terms
• Acceptance criteria
• Change management procedures

3.3 Contract Execution

Services will not commence until a signed agreement or SOW is in place and any required advance payments are received.

4. Client Responsibilities

To ensure successful project delivery, clients are responsible for:

• Access Provision: Providing necessary system access, credentials, and documentation
• Resource Availability: Making key personnel available for meetings and decision-making
• Timely Feedback: Reviewing deliverables and providing feedback within agreed timeframes
• Environment Preparation: Ensuring development/testing environments are available when needed
• Data Backup: Maintaining current backups of all critical systems and data
• Security Compliance: Following security protocols and access management procedures

5. Payment Terms

5.1 Pricing Structure

Our services are priced on either a fixed-fee or hourly basis, as specified in each SOW. Rates are determined based on project complexity, timeline requirements, and required expertise level.

5.2 Payment Schedule

• Fixed-Fee Projects: Typically require 50% advance payment with remainder due upon completion
• Hourly Projects: Billed monthly with payment due within 30 days of invoice date
• Retainer Agreements: Paid monthly in advance for ongoing support services

5.3 Late Payments

Overdue payments may result in suspension of services and may incur late fees of 1.5% per month on outstanding balances.

6. Intellectual Property Rights

6.1 Client Data and Systems

All client data, existing systems, and proprietary information remain the exclusive property of the client. We do not claim ownership over any client intellectual property.

6.2 Deliverables

Upon full payment, clients receive ownership of custom code, configurations, and documentation created specifically for their project, excluding any pre-existing DefendX1 methodologies or tools.

6.3 DefendX1 Property

We retain ownership of our methodologies, tools, frameworks, and general industry knowledge developed independently or prior to engagement.

7. Confidentiality

We maintain strict confidentiality regarding all client information, systems, and business operations. A Non-Disclosure Agreement (NDA) can be executed upon request before project discussions begin.

7.1 Confidential Information Includes

• Technical architecture and system designs
• Business processes and operational procedures
• Security vulnerabilities and assessment results
• Performance metrics and capacity planning data
• Strategic initiatives and business plans

8. Limitation of Liability

8.1 Exclusions

We are not liable for:

• Indirect, consequential, or incidental damages
• Loss of data due to client system failures or user error
• Business interruption or lost profits
• Damages resulting from third-party services or software
• Issues arising from client failure to follow recommended procedures

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards. Any defects in deliverables will be corrected at no additional charge for 30 days after delivery.

9.2 Disclaimer

EXCEPT AS EXPRESSLY STATED HEREIN, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, cyber attacks, or other unforeseeable events.

11. Termination

11.1 Termination for Convenience

Either party may terminate services with 30 days written notice. Client will be responsible for payment of all work completed through the termination date.

11.2 Termination for Cause

Either party may terminate immediately for material breach that remains uncured after 15 days written notice.

11.3 Effect of Termination

Upon termination, we will:

• Deliver all completed work products
• Return or destroy confidential information as requested
• Provide transition assistance as reasonably requested
• Invoice for all work completed through termination date

12. Change Management

Any changes to project scope, timeline, or deliverables must be documented in writing and agreed upon by both parties. Additional charges may apply for scope changes.

13. Dispute Resolution

13.1 Good Faith Negotiation

Parties agree to attempt resolution of disputes through good faith negotiation before pursuing formal legal action.

13.2 Governing Law

These Terms shall be governed by and construed in accordance with applicable local laws where DefendX1 is registered.

14. Emergency Support

Emergency support outside normal business hours may be available for critical issues at premium rates. Emergency support requests must be clearly identified and may require separate service agreements.

15. Data Security and Compliance

We implement industry-standard security measures to protect client data and maintain compliance with relevant regulations. Specific compliance requirements (GDPR, HIPAA, SOC 2, etc.) will be addressed in individual service agreements as needed.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients with 30 days advance notice. Continued use of services constitutes acceptance of modified Terms.

17. Entire Agreement

These Terms, together with any executed SOW or service agreement, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements relating to the subject matter herein.