1. Agreement to These Terms
By accessing or using the website, or by engaging Devtanc Consulting LLC to perform services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use the website and you must not engage our services except under a separate written agreement that supersedes these terms.
These terms apply together with any signed proposal, statement of work, master services agreement or order form that references them. Where a signed document conflicts with these terms, the signed document controls for the services it covers. These terms are written to be clear and practical, and we encourage you to ask questions before accepting them.
2. Definitions
In these terms, the words below have the following meanings. We, us, our and the Company refer to Devtanc Consulting LLC. Client and you refer to the person or organisation that accesses the website or engages our services. Website means the site published at https://www.devtanc.lat. Services means the computer systems design, integration, modernization, monitoring, support and related professional services we provide.
Deliverable means any report, diagram, configuration, script, document or other material we produce and provide to a client during an engagement. Confidential Information means non public information disclosed by one party to the other in connection with the engagement. Third Party Component means software, hardware, cloud service or other material supplied by a party other than the Company.
3. Eligibility and Authority
The website and services are intended for individuals who are at least eighteen years of age and for businesses and other organisations. By using the website or engaging our services, you represent that you meet this requirement and that you have the legal authority to enter into these terms on your own behalf or on behalf of the organisation you represent.
If you are accepting these terms for an organisation, you confirm that you are authorised to bind that organisation, and references to you include that organisation. If your authority changes, you must notify us promptly so that we can update our records and any access we have granted.
4. Use of the Website
We grant you a limited, revocable, non exclusive and non transferable right to access and view the website for lawful purposes connected with evaluating or engaging our services. You may not copy, reproduce, republish, distribute, sell or exploit any part of the website except as expressly permitted in writing by Devtanc Consulting LLC.
You agree not to interfere with the proper operation of the website, not to attempt to gain unauthorised access to any part of it or its supporting infrastructure, not to introduce malicious code, and not to use automated means to harvest content or contact details. We reserve the right to restrict or block access where we reasonably believe these rules have been broken.
The website is provided for general information. Content on the website does not constitute technical advice for your specific environment, and you should not act on it without obtaining advice tailored to your circumstances or engaging us for an assessment.
5. Services and Scope of Work
Devtanc Consulting LLC provides computer systems design and related professional, scientific and technical services. Our six service lines are systems route assessments, integration cable runs, summit modernization programs, base station support plans, weatherproof monitoring suites, and dispatch and escalation lines. The precise scope of any engagement is defined in a written proposal, statement of work or order form.
Only the work described in the applicable written scope is included. Anything not described is out of scope and may be quoted separately. Changes to scope must be agreed in writing before the additional work begins, and we may adjust timelines and fees to reflect the change. We will not perform out of scope work and invoice it silently.
Unless a written agreement states otherwise, all services are provided on a professional services basis and do not include the supply of hardware, software licences or third party subscriptions. Where we procure such items on your behalf, additional terms may apply.
6. Proposals, Quotes and Acceptance
Proposals and quotes remain valid for the period stated in the document, or for thirty days if no period is stated. A quote is an invitation to engage, not an offer, and no contract is formed until we confirm acceptance in writing or begin work with your authorisation.
Estimates of effort, duration and cost are made in good faith on the basis of information available at the time. If the underlying facts change, or if we discover conditions that were not reasonably visible during the assessment, we will tell you promptly and agree an adjustment before proceeding. We will never use a discovery as a lever to force unplanned spending on you.
7. Fees, Invoicing and Payment
Fees for services are set out in the applicable proposal or statement of work. Unless stated otherwise, invoices are issued according to the agreed schedule and are payable within thirty days of the invoice date. Amounts are stated and payable in United States dollars, and you are responsible for any taxes that apply to the services other than taxes on our income.
Where work is performed on a time and materials basis, we record the time and provide a summary with each invoice. Where work is performed for a fixed fee, the fee covers the scope described and any agreed changes. Expenses such as travel, shipping and third party charges are billed at cost unless the proposal states otherwise.
If an invoice remains unpaid beyond its due date, we may suspend work and charge interest on the overdue amount at the rate permitted by applicable law. We will give you notice and a reasonable opportunity to resolve a disputed invoice before suspending work, and we will work with you in good faith to correct any billing error.
8. Client Responsibilities
Successful engagements depend on cooperation. You agree to provide accurate and complete information about your systems, to make knowledgeable personnel available when reasonably required, to obtain any consents or permissions needed for the work, and to respond to questions and approvals within a reasonable time.
You are responsible for maintaining your own backups unless a written support plan expressly includes backup management, and for ensuring that you hold valid licences for any third party software in your environment. You must not ask us to perform work that would breach a licence, a law or the rights of a third party.
Where you delay the work or fail to meet a dependency, we may adjust the schedule and, if the delay is significant, charge reasonable standby time. We will always explain the reason and the amount before applying any such charge.
9. Access to Client Systems
To perform many services, we require access to client systems, accounts or facilities. You authorise us to access those systems solely for the purpose of delivering the agreed services. We will use the least access necessary, protect credentials with care, and remove or return access when the engagement ends or when you ask us to.
You are responsible for granting access lawfully and for telling us about any restrictions that apply to the systems in question. We will follow your reasonable security policies while working in your environment. If we identify a security concern during our work, we will report it to your nominated contact promptly.
10. Deliverables and Intellectual Property
Upon full payment of the fees for an engagement, Devtanc Consulting LLC assigns to you the ownership of the client specific deliverables we created for that engagement, excluding our pre existing materials, general know how, templates, tools and third party components. We retain ownership of those pre existing and general items.
We grant you a perpetual, non exclusive right to use our pre existing materials and templates to the extent they are embedded in a deliverable and necessary for you to use that deliverable. We may also use general knowledge and skills gained during an engagement in our other work, provided we do not disclose your confidential information.
Unless you object in writing, we may describe the general nature of an engagement in aggregate marketing, for example as a completed route assessment for a professional practice. We will not use your name or logo publicly without your written permission.
11. Confidentiality
Each party may receive confidential information from the other. The receiving party agrees to use that information only to perform or receive the services, to protect it with reasonable care, and to disclose it only to personnel and subcontractors who need it and who are bound by confidentiality obligations at least as protective as these terms.
Confidential information does not include information that is or becomes public through no fault of the receiving party, was already lawfully known to the receiving party, is independently developed without use of the confidential information, or is lawfully obtained from a third party without a duty of confidence. Disclosures required by law are permitted where the receiving party gives prompt notice and reasonable assistance.
These confidentiality obligations survive the end of the engagement and continue for a reasonable period, and they apply to both parties equally.
12. Third Party Components
Many engagements involve third party components such as cloud platforms, operating systems, databases, network equipment and software from other vendors. Such components are governed by the terms and privacy practices of their suppliers, and you are responsible for accepting and complying with those terms.
We select and configure third party components with professional care, but we do not warrant them and we cannot control changes a supplier makes to features, pricing, availability or support. Where a supplier change affects an engagement, we will inform you promptly and help you plan an appropriate response.
13. Warranties and Disclaimers
We warrant that our services will be performed in a professional and workmanlike manner consistent with generally accepted industry practice, and that our personnel will have the skills reasonably required for the work. If a deliverable does not conform to this warranty, your remedy is to notify us within a reasonable time and we will correct the nonconformity at no additional charge.
Except for the warranty stated above, the website and services are provided as available, and we disclaim all other warranties to the fullest extent permitted by law, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non infringement. We do not warrant that the website will be uninterrupted or error free, or that any system will be free of security vulnerabilities.
14. Limitation of Liability
To the fullest extent permitted by law, Devtanc Consulting LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, data, goodwill or business opportunity, arising out of or relating to these terms, the website or the services, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these terms, the website or the services will not exceed the total fees actually paid by you to Devtanc Consulting LLC for the services giving rise to the claim during the twelve months preceding the event that gave rise to the claim.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct or any other liability that applicable law does not permit to be limited.
15. Indemnification
You agree to indemnify and hold harmless Devtanc Consulting LLC, its members, employees and subcontractors from and against claims, losses, liabilities and reasonable costs arising from your breach of these terms, your violation of any law, your infringement of the rights of a third party, or the content and operation of any system that you provide or control.
We agree to indemnify and hold harmless you from and against claims that a deliverable we created independently infringes the intellectual property rights of a third party, provided that you notify us promptly, allow us to control the defence and cooperate reasonably. This indemnity does not apply to claims arising from your materials, your modifications or third party components.
16. Term, Suspension and Termination
These terms apply for as long as you use the website or have an active engagement with us. Either party may terminate an engagement in accordance with the notice period stated in the applicable written scope. Either party may terminate immediately if the other party commits a material breach and does not remedy it within a reasonable cure period after written notice.
We may suspend services or access to the website if we reasonably believe there is a security risk, a legal requirement to do so, or a serious and continuing breach of these terms. Where practical, we will give notice and an opportunity to resolve the issue before suspending work.
On termination, you remain responsible for fees for work performed and authorised expenses incurred up to the termination date. We will provide the deliverables completed to that point, return or delete confidential information as agreed, and cooperate reasonably with a transition to another provider if you request it.
17. Force Majeure
Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, including natural events, severe weather, power or network failures, supplier outages, labour disputes, civil disruption, government action or a public health emergency. The affected party will notify the other promptly and use reasonable efforts to resume performance.
If a force majeure event continues for a prolonged period, either party may terminate the affected portion of the engagement without liability other than payment for work properly performed and expenses properly incurred before the event began.
18. Governing Law and Disputes
These terms are governed by the laws of the State of Utah in the United States, without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute that cannot be resolved through good faith discussion.
Before commencing formal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation and, where appropriate, mediation. Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief to protect its rights while a dispute is pending.
19. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, our practices or applicable law. When we do, we will revise the effective date at the top of this page and publish the updated terms on the website. Material changes will be brought to the attention of active clients where reasonably practical.
Your continued use of the website or continued engagement of our services after updated terms take effect constitutes acceptance of the updated terms. If you do not agree with an update, you may stop using the website and, where applicable, terminate your engagement in accordance with the agreed notice provisions.
20. Contact Information
Questions about these Terms of Service, or about any engagement, may be directed to us using the details below. We welcome the chance to answer questions before you rely on any provision.
- Company: Devtanc Consulting LLC
- Address: 276 S 1480 E, Spanish Fork - 84660-6303, United States (US)
- Email: dispatch@devtanc.lat
- Phone: +14029493984
- Website: https://www.devtanc.lat