Terms of Service

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and Quality Energy, Inc., operating as Quality Watts, concerning your access to and use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use our services.

Services Description

Quality Watts provides professional computer systems design, integration services, custom software development, technical consulting, and related professional services. The specific scope, deliverables, timelines, and pricing for services will be detailed in separate service agreements or statements of work.

User Obligations

When using our services, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Use our services only for lawful purposes and in accordance with these Terms
• Not interfere with or disrupt the integrity or performance of our services
• Not attempt to gain unauthorized access to our systems or networks
• Comply with all applicable laws and regulations

Intellectual Property Rights

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, software, and documentation, are owned by Quality Watts or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Unless otherwise specified in a separate agreement, we retain all rights, title, and interest in any deliverables, methodologies, tools, and technologies developed or used in providing our services. Client-specific customizations and data remain the property of the client as specified in service agreements.

Service Agreements and Statements of Work

Specific services will be governed by separate service agreements or statements of work that detail:

• Scope of services and deliverables
• Project timelines and milestones
• Pricing and payment terms
• Acceptance criteria and procedures
• Intellectual property ownership and licensing
• Confidentiality obligations
• Warranties and support terms

In the event of any conflict between these Terms and a service agreement, the service agreement shall prevail.

Payment Terms

Payment terms will be specified in individual service agreements. Generally:

• Invoices are due within 30 days of the invoice date unless otherwise specified
• Late payments may incur interest charges as permitted by law
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise stated in writing
• Clients are responsible for all taxes, duties, and fees associated with services

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation includes:

• Not disclosing confidential information to third parties without consent
• Using confidential information only for the purposes of the engagement
• Implementing reasonable security measures to protect confidential information
• Returning or destroying confidential information upon request or termination

Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. However, except as expressly stated in a service agreement:

• Services are provided on an as-is and as-available basis
• We make no warranties regarding uninterrupted or error-free service
• We disclaim all implied warranties including merchantability and fitness for a particular purpose
• We do not warrant that our services will meet all of your requirements

Limitation of Liability

To the maximum extent permitted by law, Quality Watts shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from or related to our services.

Our total liability for any claims arising from or related to our services shall not exceed the amount paid by you for the specific services giving rise to the claim during the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Quality Watts and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

• Your violation of these Terms
• Your violation of any rights of another party
• Your misuse of our services
• Your breach of any representations or warranties

Term and Termination

These Terms remain in effect while you use our services. Either party may terminate a service engagement as specified in the applicable service agreement. Upon termination:

• All outstanding fees become immediately due and payable
• We will cease providing services
• Each party will return or destroy confidential information as required
• Provisions that by their nature should survive will continue in effect

Dispute Resolution

Any disputes arising from or relating to these Terms or our services shall be resolved through the following process:

• Good faith negotiations between the parties
• Mediation if negotiations are unsuccessful
• Binding arbitration in accordance with applicable arbitration rules
• Litigation only if arbitration is unavailable or inappropriate

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts located in Ottawa County, Michigan.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

Severability

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

Entire Agreement

These Terms, together with any service agreements and statements of work, constitute the entire agreement between you and Quality Watts regarding our services and supersede all prior agreements and understandings.

Contact Information

For questions or concerns regarding these Terms of Service, please contact us:

Acknowledgment

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. You also acknowledge that you have the authority to enter into this agreement on behalf of yourself or the organization you represent.