Terms of Service

By accessing or using our website, you agree to these Terms and our Privacy Policy. If you are using our services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree, you must not use our website or services.

You must be at least 18 years of age and capable of forming a legally binding contract to use our website and services. By using our services, you represent and warrant that you meet these requirements.

You may use our website and services only in compliance with these Terms and all applicable laws and regulations. You agree not to:

• Misuse, disrupt, overload, or interfere with our website, servers, or networks.
• Attempt to gain unauthorized access to any systems, accounts, or data.
• Reverse engineer, decompile, or attempt to extract source code except where permitted by law.
• Use our services to transmit unlawful, infringing, harmful, or malicious content.
• Misrepresent your identity or affiliation with any person or organization.

The specific scope of work, fees, payment terms, timelines, responsibilities, and ownership of deliverables for any project are defined in a separate written agreement, such as a statement of work ("SOW") or master services agreement ("MSA"). In the event of any conflict between these Terms and a signed agreement, the signed agreement prevails with respect to that engagement.

Fees for professional services are set out in the applicable SOW or proposal. Unless otherwise agreed in writing, invoices are due upon receipt. Late or unpaid amounts may be subject to suspension of services and applicable interest or collection costs as permitted by law. All fees are exclusive of taxes unless stated otherwise.

To deliver our services effectively, we rely on your timely cooperation, including providing accurate information, necessary access, approvals, and feedback. Delays in providing required materials or decisions may affect timelines and costs. You are responsible for maintaining appropriate backups of your own data unless we have agreed in writing to provide such services.

All content on this website, including text, graphics, logos, designs, and software, is the property of SmartWave IT Solutions or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written permission. Ownership of custom deliverables produced during an engagement is governed by the relevant signed agreement.

Our services may rely on or integrate with third-party platforms, software, and tools. We do not control and are not responsible for the availability, performance, terms, or policies of these third parties. Your use of any third-party service is subject to that provider's own terms and conditions.

Each party may receive confidential information from the other in the course of an engagement. Both parties agree to protect such information, use it only for the purposes of the engagement, and not disclose it to third parties except as necessary to perform the services or as required by law.

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will be uninterrupted, error-free, or completely secure.

To the maximum extent permitted by law, SmartWave IT Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising from or related to your use of our website or services. Our total aggregate liability for any claim shall not exceed the amounts paid by you for the specific services giving rise to the claim.

You agree to indemnify and hold harmless SmartWave IT Solutions and its officers, employees, and contractors from and against any claims, damages, liabilities, and expenses arising out of your misuse of our services, your violation of these Terms, or your infringement of any third-party rights.

We reserve the right to suspend or terminate your access to our website at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful. Termination of any project engagement is governed by the applicable signed agreement.

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Florida.

We may modify these Terms from time to time. When we do, we will update the "Last updated" date above. Your continued use of our website following any changes constitutes acceptance of the revised Terms.

Questions about these Terms may be directed to:

SMARTWAVE IT SOLUTIONS LLC
162 Greenway Ln, Saint Augustine, FL 32092
info@smartwaveitsolutionsfl.com
(904) 670-1021