Terms of Service

Terms of Service – Bespoke Digital LLC

Effective Date: July 1, 2025 Last Updated: July 1, 2025

Agreement Overview

These Terms of Service (“Terms”) govern your use of the Bespoke Digital LLC website and services. By accessing our website or engaging our services, you agree to be bound by these Terms and our Privacy Policy.

Parties:

  • Company: Bespoke Digital LLC, a Texas limited liability company located in Houston, Harris County, Texas
  • Client/User: The individual or entity accessing our website or services

Service Definitions

Website Services

Information and Resources:

  • Comprehensive company information including our history, technical expertise, industry experience across finance, defense, and energy sectors, team member qualifications, certifications, and detailed capability descriptions
  • In-depth technical articles covering software development best practices, industry trends, technology comparisons, implementation strategies, and educational content designed to help clients make informed decisions
  • Detailed project portfolios and case studies showcasing successful implementations, client testimonials, before-and-after system comparisons, and measurable results achieved through our custom software solutions
  • Professional contact forms and consultation request systems that capture detailed project requirements, timeline expectations, budget parameters, and technical specifications necessary for accurate proposal development

Interactive Features:

  • Comprehensive contact forms designed to capture detailed business requirements, technical specifications, timeline constraints, budget parameters, and specific functionality needs for accurate project scoping
  • Educational newsletter subscriptions providing valuable insights on software development trends, technology updates, best practices, regulatory changes, and industry-specific information relevant to our client base
  • Technical resource downloads including whitepapers, implementation guides, best practice documents, technology comparisons, and educational materials that support informed decision-making
  • Professional support ticket systems enabling efficient communication, issue tracking, priority management, and resolution documentation for ongoing client relationships

Professional Services

Custom Software Development:

  • Comprehensive requirements analysis including detailed business process documentation, user role identification, workflow mapping, integration needs assessment, and technical specification development that ensures complete understanding of project scope
  • Full-scale application development and programming using industry-standard methodologies, modern frameworks, secure coding practices, performance optimization techniques, and thorough testing procedures that deliver reliable, scalable solutions
  • Professional database design and implementation including schema development, performance optimization, data security measures, backup procedures, and integration capabilities that support long-term business growth
  • Expert user interface and experience design incorporating accessibility standards, responsive design principles, intuitive navigation structures, and user-centered design methodologies that maximize adoption and productivity

Integration Services:

  • Advanced system integration and API development enabling seamless data flow between existing applications, third-party services, legacy systems, and new custom solutions while maintaining data integrity and security
  • Comprehensive legacy system modernization including assessment of current systems, migration planning, data preservation strategies, phased implementation approaches, and minimal disruption procedures that protect business continuity
  • Professional third-party service connections including payment processors, communication platforms, analytics tools, cloud services, and specialized business applications that enhance functionality and operational efficiency
  • Expert data migration and synchronization services including data mapping, transformation procedures, validation processes, backup strategies, and ongoing synchronization maintenance that ensures accurate, up-to-date information

Support and Maintenance:

  • Bug fixes and error resolution
  • Performance optimization
  • Security updates and patches
  • Feature enhancements and modifications

Website Usage Terms

Acceptable Use

Permitted Activities:

  • Browsing website content and resources
  • Submitting legitimate business inquiries
  • Downloading publicly available materials
  • Sharing content with proper attribution

Prohibited Activities:

  • Unauthorized access to restricted areas
  • Uploading malicious code or viruses
  • Attempting to reverse engineer website functionality
  • Harvesting contact information for spam
  • Impersonating other individuals or entities

User Responsibilities

Account Security:

  • Maintaining confidentiality of login credentials
  • Notifying us immediately of unauthorized access
  • Using strong passwords and security practices
  • Logging out after each session

Content Submission:

  • Ensuring accuracy of submitted information
  • Respecting intellectual property rights
  • Providing only lawful and appropriate content
  • Taking responsibility for all account activity

Intellectual Property Rights

Our Intellectual Property

Protected Materials:

  • Website design, layout, and functionality
  • Proprietary software tools and applications
  • Technical documentation and methodologies
  • Marketing materials and brand elements
  • Articles, guides, and educational content

Usage Rights: You may view and use our website content for legitimate business purposes but may not reproduce, distribute, or modify our proprietary materials without written permission.

Client Intellectual Property

Client-Owned Materials:

  • Business processes and proprietary information
  • Existing software and system configurations
  • Data, content, and documentation provided
  • Trade secrets and confidential information

Protection Commitment: We respect and protect your intellectual property rights and will not use your proprietary information beyond the scope of our engagement.

Custom Development Ownership

Code Ownership:

  • Custom software developed specifically for clients becomes client property upon full payment
  • General frameworks and reusable components remain our intellectual property
  • Third-party libraries and components retain their original licensing

License Terms:

  • Clients receive full rights to use, modify, and distribute their custom applications
  • We retain the right to use general techniques and methodologies in future projects
  • Source code access provided per contractual agreements

Service Terms and Conditions

Engagement Process

Project Initiation:

  • Initial consultation and requirements gathering
  • Proposal development and scope definition
  • Contract execution and project kickoff
  • Regular milestone reviews and updates

Change Management:

  • Formal change request procedures
  • Impact assessment for scope modifications
  • Written approval required for additional work
  • Transparent billing for approved changes

Payment Terms

Billing Structure:

  • Project-based fixed pricing or hourly rates
  • Milestone-based payment schedules
  • Monthly recurring fees for ongoing support
  • Expenses and third-party costs billed separately

Payment Requirements:

  • Net 30 payment terms unless otherwise specified
  • Late payment fees of 1.5% per month on overdue amounts
  • Right to suspend services for non-payment
  • Collection costs and attorney fees recoverable

Performance Standards

Service Level Commitments:

  • Professional quality workmanship
  • Adherence to agreed timelines and milestones
  • Regular communication and status updates
  • Compliance with technical specifications

Support Response Times:

  • Critical issues: 4 hours during business hours
  • Standard issues: 24 hours during business days
  • Enhancement requests: 5 business days
  • Scheduled maintenance: Advance notice provided

Limitation of Liability

Liability Limitations

Direct Damages: Our total liability for any claims arising from our services shall not exceed the amount paid by the client for the specific service giving rise to the claim.

Consequential Damages: We shall not be liable for indirect, incidental, special, or consequential damages, including but not limited to:

  • Lost profits or business opportunities
  • Data loss or system downtime
  • Third-party claims or damages
  • Business interruption costs

Client Responsibilities

Data Backup: Clients are responsible for maintaining adequate backups of their data and systems. We recommend regular, tested backup procedures.

System Security: Clients must maintain reasonable security measures for their systems and promptly install recommended security updates.

User Training: Clients are responsible for ensuring their users receive adequate training on new systems and applications.

Warranties and Disclaimers

Service Warranties

Professional Standards:

  • Services performed in accordance with industry standards
  • Work completed by qualified professionals
  • Compliance with agreed specifications
  • Correction of defects in workmanship

Warranty Period:

  • 90 days for bug fixes and defect resolution
  • 30 days for compatibility issues
  • Ongoing warranty for services under maintenance contracts
  • Extended warranties available by separate agreement

Disclaimers

“As-Is” Disclaimer: Except for express warranties stated herein, all services are provided “as-is” without additional warranties, express or implied.

Compatibility: We cannot guarantee compatibility with all third-party software, systems, or future technology changes.

Performance: While we strive for optimal performance, we cannot guarantee specific performance metrics unless explicitly agreed upon.

Confidentiality and Non-Disclosure

Confidential Information

Definition: Confidential information includes all non-public information disclosed by either party, including:

  • Business strategies and plans
  • Technical specifications and source code
  • Financial information and pricing
  • Customer lists and contact information
  • Proprietary processes and methodologies

Protection Obligations:

  • Maintain strict confidentiality of all disclosed information
  • Use confidential information only for authorized purposes
  • Implement reasonable security measures
  • Return or destroy confidential information upon request

Duration

Confidentiality obligations survive termination of services and continue for five (5) years unless information becomes publicly available through no fault of the receiving party.

Termination and Cancellation

Termination Rights

Mutual Termination: Either party may terminate services with 30 days written notice for convenience.

Termination for Cause: Immediate termination allowed for:

  • Material breach of contract terms
  • Non-payment of fees
  • Violation of confidentiality obligations
  • Illegal or unethical conduct

Post-Termination Obligations

Final Deliverables:

  • Delivery of completed work products
  • Transfer of source code and documentation
  • Return of confidential information
  • Final billing and payment reconciliation

Survival Clauses: Confidentiality, intellectual property, and limitation of liability provisions survive termination.

Dispute Resolution

Informal Resolution

Direct Communication: Parties agree to attempt resolution through direct negotiation before pursuing formal dispute resolution.

Escalation Process:

  • Initial discussion between project managers
  • Senior management involvement if needed
  • Written documentation of attempted resolutions
  • 30-day resolution period before formal proceedings

Formal Dispute Resolution

Binding Arbitration: All disputes shall be resolved through binding arbitration in Harris County, Texas, under the rules of the American Arbitration Association.

Arbitration Procedures:

  • Single arbitrator for disputes under $100,000
  • Three-arbitrator panel for larger disputes
  • Discovery limited to essential information
  • Final decision binding on all parties

Governing Law: These Terms are governed by Texas state law without regard to conflict of law principles.

Force Majeure

Excused Performance

Neither party shall be liable for delays or failures in performance due to circumstances beyond reasonable control, including:

  • Natural disasters and severe weather
  • Government actions and regulations
  • Labor strikes and disputes
  • Cyber attacks and system failures
  • Pandemic or public health emergencies

Notification Requirements

The affected party must provide prompt written notice of force majeure events and make reasonable efforts to mitigate impacts.

Privacy and Data Protection

Data Handling

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

Security Measures

We implement industry-standard security measures to protect client data and maintain system integrity.

Breach Notification

We will promptly notify clients of any security incidents that may affect their data or systems.

Modification and Updates

Terms Updates

We reserve the right to modify these Terms at any time. Significant changes will be communicated through:

  • Email notification to active clients
  • Website posting with effective date
  • Opportunity to object before changes take effect

Continued Use

Continued use of our services after Terms updates constitutes acceptance of the modified terms.

Accessibility Commitment

Website Accessibility

We strive to ensure our website is accessible to users with disabilities and comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

Accommodation Requests

If you encounter accessibility barriers or need accommodations, please contact us at support@bespokedigitalllc.com.

Ongoing Improvements

We continuously work to improve accessibility through:

  • Regular accessibility audits
  • User feedback implementation
  • Staff training and awareness
  • Technology updates and enhancements

Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any executed service agreements, constitute the entire agreement between the parties.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

Assignment

We may assign these Terms in connection with a merger, acquisition, or sale of assets. Clients may not assign their rights without our written consent.

Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of future enforcement rights.

Notices

All notices must be in writing and sent to the addresses specified in service agreements or to support@bespokedigitalllc.com.

Contact Information

Questions and Support

For questions about these Terms or our services:

Email: support@bespokedigitalllc.com
Subject Line: Terms of Service Inquiry
Response Time: Within 2 business days

For formal legal notices or dispute communications, use the above contact information with “Legal Notice” in the subject line.