Terms of Service

By accessing, browsing, or using the AtomicAdmin website (atomicadmin.com) and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services.

These terms constitute a legally binding agreement between you (either an individual or an entity) and AtomicAdmin. We reserve the right to modify these terms at any time, and your continued use of our services after changes are posted constitutes acceptance of the modified terms.

• You must be at least 18 years old or have legal capacity to enter into contracts
• You represent that all information you provide is accurate and complete
• You agree to comply with all applicable local, state, national, and international laws
• You will not use our services for any unlawful or prohibited purpose

AtomicAdmin provides professional IT and software services including, but not limited to:

• Custom Software Development: Design, development, and deployment of bespoke software solutions
• Cloud Solutions: Cloud strategy, migration, optimization, and managed services
• IT Consulting: Strategic technology guidance, architecture design, and digital transformation
• Cybersecurity: Security assessments, threat detection, compliance, and incident response
• AI & Analytics: Machine learning, data analytics, and business intelligence solutions
• DevOps & CI/CD: Automation, infrastructure as code, and continuous delivery pipelines
• Mobile & Web Applications: Native, cross-platform, and progressive web app development
• Software Modernization: Legacy system transformation and technology upgrades
• E-Governance: Digital government solutions and public service platforms
• Offshore Outsourcing: Dedicated teams, staff augmentation, and project-based engagements

Services are provided according to the specific terms outlined in individual service agreements, statements of work (SOW), or master service agreements (MSA) executed between AtomicAdmin and the client.

Some services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account
• Not share your account with others or allow others to access your account

We reserve the right to suspend or terminate accounts that violate these terms, are inactive for extended periods, or are associated with fraudulent activity. You may close your account at any time by contacting us at support@atomicadmin.com.

Our Intellectual Property:

• All content on our website, including text, graphics, logos, images, software, and design, is owned by AtomicAdmin and protected by copyright, trademark, and other intellectual property laws
• Our proprietary methodologies, frameworks, tools, and processes remain our exclusive property
• You may not reproduce, distribute, modify, or create derivative works without our written permission

Client Intellectual Property:

• You retain ownership of any intellectual property you provide to us (pre-existing IP)
• You grant us a license to use your IP solely for the purpose of delivering services
• Ownership of custom-developed deliverables is typically transferred upon full payment, as specified in the service agreement

Third-Party Components:

• Solutions may incorporate open-source or third-party components, each subject to their respective licenses
• We ensure compliance with all applicable licenses and will disclose third-party components used

Payment terms are specified in individual service agreements. General payment provisions include:

• Pricing: Fees are based on the scope, complexity, and duration of services as outlined in proposals or SOWs
• Invoicing: Invoices are issued according to the agreed schedule (milestone-based, monthly, or upon completion)
• Payment Methods: We accept bank transfers, credit cards, and other methods as agreed
• Payment Terms: Payment is due within 30 days of invoice date unless otherwise specified
• Late Payments: Late payments may incur interest charges of 1.5% per month or the maximum allowed by law
• Taxes: Fees are exclusive of taxes; you are responsible for all applicable taxes except those based on our income
• Expenses: Reasonable expenses (travel, third-party services) are billed separately or included in the project fee

Non-payment may result in suspension of services, withholding of deliverables, and potential legal action to recover amounts owed.

Both parties agree to maintain confidentiality of proprietary information:

• Confidential Information: Includes business plans, technical data, customer information, financial data, and any information marked as confidential
• Obligations: Each party will protect confidential information with the same care used for their own confidential information, but no less than reasonable care
• Permitted Disclosures: Information may be disclosed to employees, contractors, and advisors on a need-to-know basis, subject to confidentiality obligations
• Exceptions: Confidentiality does not apply to information that is publicly available, independently developed, or required to be disclosed by law
• Duration: Confidentiality obligations survive for 3 years after termination of the relationship

For sensitive projects, we can execute separate Non-Disclosure Agreements (NDAs) with enhanced protections.

Our Warranties:

• Services will be performed in a professional and workmanlike manner
• We have the right and authority to provide the services
• Services will comply with specifications outlined in the service agreement
• We will use commercially reasonable efforts to meet agreed timelines

Disclaimers:

• EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
• WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• We do not warrant that services will be uninterrupted, error-free, or meet all your requirements
• We are not responsible for third-party services, APIs, or platforms that may be integrated

Warranty Period: Defects in deliverables reported within 90 days of delivery will be corrected at no additional charge.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• AtomicAdmin's total liability for any claims arising from services shall not exceed the fees paid for the specific service giving rise to the claim, or $50,000, whichever is less
• We shall not be liable for any indirect, incidental, consequential, special, or punitive damages including lost profits, lost revenue, lost data, or business interruption
• We are not liable for damages resulting from your misuse of deliverables, failure to follow recommendations, or unauthorized modifications
• Claims must be brought within one year of the event giving rise to the claim

Some jurisdictions do not allow limitation of liability for certain damages, so these limitations may not apply to you.

You agree to indemnify, defend, and hold harmless AtomicAdmin, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your breach of these terms or any service agreement
• Your violation of any law or regulation
• Your infringement of any third-party intellectual property rights
• Content or data you provide to us
• Your use or misuse of our services or deliverables

We will indemnify you against third-party claims that our services infringe intellectual property rights, provided you notify us promptly and allow us to control the defense.

Either party may terminate services under the following conditions:

• For Convenience: With 30 days' written notice (you remain responsible for fees for work performed)
• For Cause: Immediately upon material breach that is not cured within 15 days of written notice
• Insolvency: If either party becomes insolvent, files for bankruptcy, or ceases business operations

Effects of Termination:

• You must pay all outstanding fees for services rendered up to the termination date
• We will deliver all completed work and return your confidential information
• Provisions regarding confidentiality, intellectual property, payment, and limitation of liability survive termination
• We may retain copies of deliverables for archival and legal compliance purposes

In the event of any dispute arising from these terms or our services:

• Negotiation: Parties will first attempt to resolve disputes through good-faith negotiation
• Mediation: If negotiation fails, parties agree to mediation before pursuing litigation
• Arbitration: Disputes that cannot be resolved through mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association
• Governing Law: These terms are governed by the laws of the State of California, USA, without regard to conflict of law principles
• Jurisdiction: Any litigation shall be brought exclusively in the courts of San Francisco County, California

Each party is responsible for their own legal costs unless otherwise awarded by the arbitrator or court.

• Entire Agreement: These terms, together with any service agreements, constitute the entire agreement between parties
• Amendments: We may modify these terms at any time; material changes will be communicated via email or website notice
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision
• Assignment: You may not assign these terms without our written consent; we may assign to affiliates or in connection with a merger or acquisition
• Force Majeure: Neither party is liable for delays or failures due to circumstances beyond reasonable control
• Independent Contractors: The relationship is that of independent contractors, not partners, joint venturers, or employer-employee
• Notices: All notices must be in writing and sent to the addresses specified in the service agreement

For questions about these Terms of Service, please contact us: