Terms and Conditions

Welcome to Datawired Solutions. These Terms and Conditions ("Terms") govern your access to and use of our website, products, and services, including but not limited to our digital marketing services (PPC, SEO, Google Ads), web development, database administration (DBA), cloud services, AWS solutions, AI automation, and IT infrastructure services. By accessing our website, engaging our services, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you disagree with any part of these Terms, you must discontinue use of our services immediately.

1. Acceptance of Terms

By accessing or using Datawired Solutions' website, services, or products, you agree to comply with and be bound by these Terms and Conditions, our Privacy Policy, and any additional terms and conditions that may apply to specific services or features. These Terms constitute a legally binding agreement between you and Datawired Solutions. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Services Description

Datawired Solutions provides comprehensive digital solutions and technology services including:

Digital Marketing Services: Pay-per-click (PPC) advertising, search engine optimization (SEO), Google Ads management, and digital marketing strategy
Web Development: Custom website design, web application development, mobile application development, and e-commerce solutions
Database Services: Database administration (DBA), database optimization, migrations, backup and recovery, and data management
Cloud Services: Cloud infrastructure setup, migration, optimization, and management across AWS, Azure, and Google Cloud Platform
AI & Automation: AI agent development, intelligent automation, workflow optimization, and machine learning solutions
IT Services: IT infrastructure management, network setup, security implementation, and technical support

We reserve the right to modify, suspend, or discontinue any service or feature at any time with reasonable notice to clients. Service availability and features may vary based on your selected service plan or agreement.

3. Service Agreements and Contracts

Specific services may require separate written agreements or statements of work ("SOW") that detail project scope, deliverables, timelines, pricing, and payment terms. These Terms supplement but do not replace any signed service agreements. In the event of a conflict between these Terms and a signed service agreement, the service agreement shall prevail for matters specific to that engagement.

4. Account Registration and Responsibilities

To access certain services or features, you may be required to create an account by providing accurate, complete, and current information including your name, email address, company details, and payment information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Ensuring that all information provided is accurate and kept up to date
Promptly notifying us of any unauthorized access or security breaches
Complying with all applicable laws and regulations in your use of our services

You may not share your account credentials with unauthorized parties or use multiple accounts to circumvent service limitations or payment obligations.

5. Payment Terms

Payment terms will be specified in your service agreement or invoice. Generally:

Services may be billed on a one-time, monthly, quarterly, or annual basis depending on the service type
Payment is due according to the terms specified in your service agreement or invoice
Late payments may result in service suspension or termination
All fees are non-refundable unless otherwise specified in your service agreement
We reserve the right to change our pricing with reasonable notice to existing clients
You are responsible for any taxes, duties, or fees applicable to your purchase

6. Acceptable Use Policy

You agree to use Datawired Solutions' services only for lawful purposes and in accordance with these Terms. You may not:

Use our services to store, transmit, or distribute illegal, harmful, threatening, abusive, defamatory, or infringing content
Attempt to gain unauthorized access to our systems, networks, or client data
Reverse engineer, decompile, or disassemble our software or services
Interfere with or disrupt the integrity or performance of our services
Use our services to compete with Datawired Solutions or develop competing products
Violate any applicable local, state, national, or international laws or regulations
Impersonate any person or entity or misrepresent your affiliation with any entity

7. Intellectual Property Rights

Our Intellectual Property: All intellectual property rights in Datawired Solutions' services, including software, algorithms, methodologies, designs, content, trademarks, and proprietary technology, remain the exclusive property of Datawired Solutions and our licensors. You may not copy, modify, distribute, or create derivative works based on our services without explicit written permission.

Your Content: You retain ownership of content, data, and materials you provide to us ("Client Content"). By engaging our services, you grant us a limited, non-exclusive license to use, store, and process your Client Content solely to provide our services to you. This includes using anonymized and aggregated data to improve our services, always in accordance with our Privacy Policy.

Work Product: Unless otherwise specified in your service agreement, custom work products, code, designs, or deliverables created specifically for you ("Work Product") will be owned by you upon full payment. We retain the right to use general methodologies, techniques, and knowledge gained from providing services.

8. Service Level Agreements and Warranties

Service Availability: We strive to provide reliable and uninterrupted service, but we do not guarantee that our services will be error-free, secure, or continuously available. Services may experience downtime for maintenance, updates, or unforeseen technical issues.

Performance Standards: Specific service level agreements (SLAs) may be outlined in your service agreement. Where SLAs are specified, we will make commercially reasonable efforts to meet those standards.

Warranty Disclaimer: Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Datawired Solutions shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, revenue, or business opportunities, arising from your use of our services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims related to our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or the amount specified in your service agreement, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Datawired Solutions, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use of our services
Your violation of these Terms
Your violation of any rights of another party
Content or data you provide to us
Your breach of any service agreement

11. Confidentiality

Both parties agree to maintain the confidentiality of proprietary and confidential information disclosed during the course of providing services. This includes business plans, technical information, client data, pricing information, and other sensitive materials. Confidentiality obligations survive termination of these Terms and any service agreements.

12. Data Security and Privacy

We are committed to protecting your data and privacy. Our data collection, use, and protection practices are detailed in our Privacy Policy, which is incorporated into these Terms by reference. We implement industry-standard security measures to protect your data, but we cannot guarantee absolute security.

13. Third-Party Services and Integrations

Our services may integrate with or rely on third-party services, platforms, or APIs (such as Google Ads, AWS, social media platforms, etc.). Your use of third-party services is subject to their respective terms and conditions. We are not responsible for the availability, functionality, or terms of third-party services.

14. Termination

Termination by You: You may terminate your account or service agreement at any time by providing written notice to us, subject to any termination provisions in your service agreement.

Termination by Us: We reserve the right to suspend or terminate your account or services immediately if you:

Violate these Terms or any service agreement
Engage in fraudulent or illegal activity
Fail to pay amounts due
Use our services in a manner that could harm other clients or our platform
Breach confidentiality obligations

Upon termination, your access to our services will cease, and you remain responsible for all amounts due. We will provide reasonable notice before termination unless immediate termination is necessary to protect our platform, other clients, or comply with legal obligations.

15. Modifications to Terms

We may modify these Terms and Conditions from time to time to reflect changes in our services, business practices, or legal requirements. When we make material changes, we will notify you via email or through a prominent notice on our website at least thirty (30) days before the changes take effect. Your continued use of our services after the effective date of any changes constitutes your acceptance of the modified Terms. If you disagree with any changes, your sole remedy is to terminate your account or service agreement before the changes take effect.

16. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

Dispute Resolution Process: Any disputes arising from these Terms or your use of our services will be resolved through the following process:

Informal Resolution: Parties agree to first attempt to resolve disputes through good faith negotiation.
Mediation: If informal resolution fails, disputes will be submitted to mediation in San Francisco, California.
Arbitration: If mediation is unsuccessful, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except for claims that may be brought in small claims court.
Class Action Waiver: You and Datawired Solutions agree to waive any right to participate in class action lawsuits or jury trials.

17. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet outages, or government actions.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Datawired Solutions regarding your use of our services and supersede all prior agreements and understandings.

20. Contact Information

If you have any questions, concerns, or need support regarding these Terms and Conditions or our services, please contact us:

Datawired Solutions

Email: info@datawiredsolutions.com
Website: www.datawiredsolutions.com
Phone: Available upon request
Address: San Francisco, California (with offices in Sacramento, CA and Cleveland, OH)

For legal inquiries: legal@datawiredsolutions.com For technical support: support@datawiredsolutions.com

We are committed to providing excellent customer service and will respond to your inquiries promptly during our business hours (Monday - Friday: 9:00 AM - 6:00 PM PST).

21. Acknowledgment

By using Datawired Solutions' services, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. If you do not agree to these Terms, you must not use our services.

Last Updated: January 14, 2025

Effective Date: January 14, 2025