1. Acceptance & Agreement Structure

These Terms of Service (“Terms”) constitute a legally binding agreement between your organization (“Client”) and Infosoftco Digital Agency (“Infosoftco”, “we”, “us”). By accessing our website, executing a Statement of Work (SOW), signing a Master Services Agreement (MSA), or issuing a project retainer, you acknowledge full acceptance of these Terms. In the event of any direct conflict between these Terms and an executed SOW, the specific terms of the executed SOW shall supersede.

2. Scope of Services & Delivery Frameworks

Infosoftco provides specialized technical and creative services structured across three primary engagement tiers:

• Starter Growth (Sprint Model): Fixed-scope deliverables executed across predefined time horizons with locked technical specifications and milestone sign-offs.
• Scale Partner (Dedicated Pod): Cross-functional dedicated teams (Lead Engineer, Designer, Media Buyer, Product Strategist) integrated directly into client workflows on monthly retainer cycles.
• Enterprise Scale (Full Department): Multi-squad dedicated technical and marketing infrastructure with priority SLA response, customized devops orchestration, and executive leadership steering.

3. Intellectual Property Rights & Ownership

Work-for-Hire Assignment: Upon receipt of full and final payment for the applicable milestones or project invoice, Infosoftco unconditionally assigns to Client all right, title, and interest in and to custom codebases, UI/UX designs, creative graphics, and campaign collateral created specifically for Client under the engagement.

Pre-Existing & Open-Source Components: Certain deliverables may incorporate pre-existing agency libraries, framework foundations, or standard open-source components (e.g., MIT/Apache 2.0 licenses). Infosoftco grants Client a perpetual, worldwide, royalty-free, non-exclusive license to use, modify, and distribute such pre-existing materials solely as integrated into the final deliverable.

4. Client Responsibilities & Milestone Sign-Offs

Successful project delivery requires timely collaboration. Client agrees to:

• ✦ Provide required brand guidelines, API access tokens, domain records, and product collateral within agreed project timeframes.
• ✦ Designate an authoritative project stakeholder empowered to provide sprint feedback and milestone approvals.
• ✦ Review submitted deliverables within seven (7) business days. Deliverables are considered accepted if no written remediation notice is received within this window.

5. Code Warranty & Service Level Commitments

60-Day Bug-Free Warranty: Infosoftco warrants that custom software authored by our engineers will perform substantially in accordance with the written technical specifications for sixty (60) calendar days following commercial deployment. Any reproducible defects or bugs identified within this period will be resolved at no additional charge.

Warranty Exclusions: This warranty does not cover issues resulting from modifications made by third parties, external API rate limiting or deprecation, third-party plugin conflicts introduced post-launch, or client server misconfigurations.

6. Invoicing, Payments & Retainers

Invoicing schedules are outlined in each Statement of Work. Project milestones require deposit payments prior to sprint kick-off. Retainer partnerships are invoiced on the first of each billing cycle with Net-15 or Net-30 payment terms depending on credit clearance. Late balances exceeding thirty (30) calendar days may incur an administrative fee of 1.5% per month or the statutory maximum.

7. Limitation of Liability

To the maximum extent permitted by applicable law, neither party shall be liable for indirect, incidental, consequential, or punitive damages (including loss of business profits, data corruption, or operational interruption) arising out of or related to our engagements. Infosoftco’s total aggregate liability under any agreement shall not exceed the total fees actually paid by Client to Infosoftco under the specific Statement of Work giving rise to the claim in the twelve (12) months preceding the incident.

8. Governing Law & Dispute Resolution

These Terms and any dispute arising from them shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any dispute that cannot be resolved through informal executive negotiations within thirty (30) days shall be resolved through binding commercial arbitration administered by the American Arbitration Association (AAA).

9. Legal Notices & Counsel Inquiries

For contract amendments, formal MSA reviews, or enterprise legal inquiries, please contact our counsel office:

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