Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the services provided by Otospex Solutions LLC ("Company," "we," "our," or "us"), a company registered in the State of New Mexico, USA, with its principal office at 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110.

By engaging our services or accessing our website, you agree to be bound by these Terms. If you do not agree, please do not use our services.

2. Services

Otospex Solutions provides professional technology and marketing services, including but not limited to:

• Custom software development and web application development
• Website design and development
• Digital marketing strategy and execution (SEO, PPC, social media)
• IT consulting and technical advisory
• Mobile application development
• E-commerce solutions
• ERP and business management systems

The specific scope, deliverables, and timeline for each engagement will be outlined in a separate Statement of Work (SOW) or service agreement.

3. Payment Terms

Unless otherwise specified in a Statement of Work:

• All invoices are due Net 15 (fifteen days from the invoice date)
• Payments may be made via bank transfer, credit card, or other methods specified on the invoice
• Late payments may incur a 1.5% monthly interest charge on the outstanding balance
• Project work may be paused if invoices remain unpaid beyond 30 days
• All prices are quoted in the currency specified in the SOW (typically USD or EUR)

4. Intellectual Property

Upon full payment of all fees due:

• The client owns all rights to the custom deliverables created specifically for the engagement (website designs, custom code, content, graphics)
• Otospex Solutions retains ownership of all pre-existing intellectual property, proprietary tools, frameworks, libraries, and methodologies used in the delivery of services
• Otospex Solutions retains a non-exclusive license to use non-confidential aspects of the work for portfolio and marketing purposes
• Third-party software, libraries, and assets used in deliverables remain subject to their respective licenses

5. Client Responsibilities

The client agrees to:

• Provide timely feedback and approvals as requested
• Supply necessary content, assets, and access credentials required for the project
• Designate a primary point of contact for project communication
• Ensure that all provided materials do not infringe on third-party intellectual property rights

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the engagement. This obligation survives the termination of the service agreement for a period of two (2) years.

7. Limitation of Liability

To the maximum extent permitted by applicable law:

• Otospex Solutions' total liability for any claims arising from the services shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim
• Otospex Solutions shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, data loss, or business interruption
• Otospex Solutions is not responsible for losses resulting from third-party services, hosting providers, or platform changes beyond our control

8. Warranties and Disclaimers

Otospex Solutions warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Beyond this warranty:

• Services are provided "as is" without additional warranties, express or implied
• We do not guarantee specific business outcomes, search engine rankings, or revenue results
• A 30-day warranty period applies to delivered work, during which we will fix defects at no additional charge

9. Termination

Either party may terminate a service engagement with 30 days written notice. Upon termination:

• The client shall pay for all work completed up to the termination date
• Otospex Solutions will deliver all completed work and work in progress
• Any prepaid fees for undelivered work will be refunded on a prorated basis
• Either party may terminate immediately for material breach if the breach is not cured within 15 days of written notice

10. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, acts of government, internet outages, or pandemics.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, USA, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Bernalillo County, New Mexico.

12. Changes to These Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the revised Terms.

13. Contact Us

For questions about these Terms, please contact us: