1.Acceptance of These Terms
These terms of service form a binding agreement between you and AGF Realty LLC, a company that is located at 1781 E Vine St, Salt Lake City, UT 84121-2153, United States, and that is referred to in this document as AGF Realty, the company, we, us, or our. By accessing the website redsoar.mom, by requesting information about services, or by engaging the company for any project, you agree to be bound by these terms and by any additional agreements that are referenced in them.
If you do not agree to these terms, you may not use the website or the services. The company may revise these terms from time to time, and the most current version will always be posted on this page. Your continued use of the website or the services after a revision becomes effective indicates your acceptance of the revised terms.
These terms apply to all visitors, users, and clients. Where these terms refer to you or your, they mean the individual using the website or the organization on whose behalf the website is used. Please read these terms carefully before you use any of the services.
2.Description of Services
The company provides computer systems design and related professional services, and computer integrated systems design services. These services include system architecture, integration engineering, automation, data infrastructure, security and compliance, and managed operations.
Services are delivered on a project basis or through ongoing managed arrangements, depending on the needs of each client. The details of a specific engagement are set out in a statement of work or in a similar written agreement. Nothing in these terms obligates the company to perform work that is not described in an agreed statement of work.
The company may use subcontractors to perform portions of a project, provided that the company remains responsible for the quality and delivery of the work. The website is provided for information purposes and does not, by itself, constitute an offer of services. Descriptions of services on the website are summaries and are not contractual commitments.
3.Eligibility
You must be at least eighteen years old to use the website and to engage the company for services. If you use the website on behalf of a business or organization, you represent that you have the authority to bind that entity to these terms.
The company may refuse to provide services to any person or entity at its discretion, to the extent that is permitted by law. You agree to provide accurate, current, and complete information whenever you submit an inquiry or enter into an agreement with the company.
The company relies on the accuracy of the information that you provide, and it is not responsible for errors that result from incomplete or inaccurate information. Any individual who does not meet these eligibility requirements should not use the website or request services.
4.Account Registration and Security
Some services may require the creation of an account. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify the company promptly if you suspect unauthorized access to your account.
The company may suspend or close accounts that are used in violation of these terms or that present a security risk. You agree not to share your credentials with other people and not to attempt to access systems, networks, or data that you are not authorized to use.
The company will never ask you for your password through email or unsolicited messages. Account holders are responsible for ensuring that the information that is associated with their accounts remains accurate and current. Where services do not require an account, the requirements of this section do not apply.
5.Acceptable Use
You agree to use the website and the services only for lawful purposes and in a way that does not infringe the rights of others or restrict the use and enjoyment of the website by any third party.
You may not use the website to transmit harmful code, to gain unauthorized access to systems, to collect data without consent, or to engage in any activity that disrupts the availability or integrity of the website. You may not reverse engineer, decompile, or attempt to derive the source code of any software that is provided through the services, except where this restriction is prohibited by law.
You may not use automated tools to scrape content from the website without permission, and you may not impersonate another person or entity. The company reserves the right to restrict or block access to the website for users who violate this policy.
6.Client Responsibilities
Clients are responsible for providing accurate requirements, timely feedback, and the access and information that the company needs to perform the agreed work. Clients must ensure that they have the legal right to provide any data, systems, or third-party materials that the company processes during a project.
Clients are responsible for the actions of their own staff and for maintaining the security of their own environments. Clients must cooperate with the discovery and audit processes of the company so that the company can deliver accurate assessments.
Delays that are caused by missing information or late feedback may affect project timelines, and the company will communicate any resulting changes to schedules. Clients are also responsible for backing up their own data before and during system changes. Nothing in this section shifts liability from the company for defects in the services that it delivers.
7.Proposals, Engagements, and Statements of Work
Work that is performed by the company is governed by a written proposal or statement of work that describes the scope, deliverables, timeline, and fees for the engagement. A proposal becomes binding only when both parties sign it. Estimates that are provided before a signed statement of work are indicative and may change as requirements are clarified.
Changes to scope will be documented in a change order or in an amended statement of work and will be agreed to by both parties before the company performs the additional work. The company will provide progress updates in accordance with the schedule that is set out in the statement of work.
Any oral representation that is made by a sales representative or other employee does not form part of the agreement unless it is confirmed in writing. In the event of a conflict, the signed statement of work prevails over these terms, except where these terms concern liability, confidentiality, or payment.
8.Fees, Payment, and Invoicing
Fees for services are stated in the signed proposal or statement of work. Unless otherwise agreed, the company issues invoices at the milestones that are described in the statement of work, and payment is due within the number of days that is stated on the invoice.
Late payments may accrue interest at the rate that is permitted by applicable law. Fees do not include taxes, and any applicable taxes will be added to invoices. The company may suspend work or withhold deliverables if an invoice remains unpaid and past due.
Expenses that are reasonably incurred in the delivery of services, such as software licenses and travel, will be billed to the client unless the parties agree otherwise. Payment must be made in the currency that is stated in the proposal. Any dispute regarding an invoice must be raised in writing within fifteen days of receipt, or the invoice will be considered accurate and accepted.
9.Intellectual Property Rights
The website and all content that is published on it, including text, graphics, logos, and design, are owned by the company or its licensors and are protected by copyright and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the content of this website without written permission.
For custom deliverables that are created specifically for a client project, ownership of the final deliverables transfers to the client upon full payment, unless the statement of work states otherwise. The company retains ownership of its pre-existing tools, frameworks, methodologies, and reusable components.
The client grants the company a limited license to use client materials, including logos and brand assets, for the purpose of delivering the services and, with prior approval, for portfolio and marketing purposes. Both parties agree to respect the intellectual property rights of the other.
10.Confidentiality
Each party may have access to confidential information of the other party during the course of an engagement. Confidential information includes business plans, technical designs, source code, client data, pricing, and any information that is marked as confidential or reasonably understood to be confidential.
Each party agrees to use confidential information only for the purpose of the engagement and to protect it with the same care that is used to protect its own confidential information. These obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law.
On request, each party will return or destroy the confidential information of the other party when the engagement ends. These confidentiality obligations survive the termination of the agreement. The company will disclose client data only as necessary to deliver the services or to comply with law.
11.Warranties and Disclaimers
The company warrants that the services will be performed in a professional manner that is consistent with industry standards and that deliverables will conform to the agreed specifications.
The website is provided on an as-is and as-available basis, without warranties of any kind, whether express or implied. The company disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent that is permitted by law.
The company does not warrant that the website will be uninterrupted, error-free, or completely secure. Any claim that is related to a defect in a deliverable must be reported within thirty days of delivery, and the company will correct material defects at no additional charge. The exclusive remedy for defects in deliverables is correction or re-performance of the affected work, at the option of the company.
12.Limitation of Liability
To the maximum extent that is permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if the party has been advised of the possibility of such damages.
The total cumulative liability of the company that arises out of or relates to these terms and the services will not exceed the total fees that are paid by the client to the company during the twelve months that precede the claim. Certain jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations in this section may not apply to you.
Nothing in these terms limits liability that cannot be limited by law, including liability for gross negligence or willful misconduct. The limitations in this section apply regardless of the form of action, whether in contract, tort, or otherwise.
13.Indemnification
The client agrees to indemnify and hold harmless the company, its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses that arise out of or relate to the use of the website or the services by the client, a breach of these terms by the client, or the infringement of any rights by the client or its personnel.
The company agrees to indemnify the client against claims that the deliverables infringe the intellectual property rights of a third party, provided that the client promptly notifies the company of the claim and allows the company to control the defense.
If a claim of infringement is made or appears likely, the company may, at its option, modify the deliverable to make it non-infringing or replace it with an equivalent. This section sets out the entire liability of each party for infringement claims.
14.Service Levels and Availability
For managed services engagements, the company offers service level commitments, including uptime targets, response times, and incident handling procedures. Service levels are defined in the applicable statement of work or service level agreement.
The company monitors its systems continuously and maintains a response desk that is available around the clock for critical incidents. Scheduled maintenance is performed during announced maintenance windows, and the company will use reasonable efforts to minimize any disruption.
Service level credits, if any, are described in the applicable service level agreement and are the sole remedy for failure to meet a service level target. The company does not guarantee uptime on third-party systems that it does not control. Uptime commitments apply only to services that are hosted or operated by the company under the applicable agreement.
15.Third-Party Services and Integrations
Client projects may involve the configuration of third-party software, platforms, and services. The company is not a provider of those third-party services and does not control their availability, features, or terms. Any use of third-party services is governed by the terms and policies of the respective providers.
The company will recommend integrations that it believes are appropriate for the client requirements, but the client is responsible for accepting the terms of the third-party providers before integration work begins.
The company will not be liable for failures of third-party services, including outages, data loss, or changes in pricing or features. Where the company provides support for a third-party platform, the scope of that support is limited to the configuration and integration work that is performed by the company. Clients should review third-party agreements carefully.
16.Suspension and Termination
Either party may terminate a project engagement by providing written notice as specified in the statement of work. The company may suspend access to the website or to managed services immediately if it reasonably believes that continued use would violate applicable law, compromise security, or harm the company or other users.
Either party may terminate these terms with immediate effect if the other party commits a material breach that remains uncorrected for thirty days after written notice. On termination, the client will pay for all work that is performed and all expenses that are incurred up to the effective date of termination.
The company will return or destroy client data in accordance with the confidentiality provisions. Sections that concern payment, confidentiality, intellectual property, limitation of liability, and indemnification will survive termination. The company may also suspend or terminate access for users who violate the acceptable use policy.
17.Governing Law and Jurisdiction
These terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. Any dispute that arises out of or relates to these terms or the services will be resolved exclusively in the state or federal courts that are located in the State of Utah.
Each party consents to the exclusive jurisdiction of those courts and waives any objection that is based on improper venue. The parties will first attempt to resolve any dispute through good faith negotiation before they commence legal proceedings.
Nothing in this section prevents either party from seeking injunctive or equitable relief in any court of competent jurisdiction. If you are located in another jurisdiction, you still agree to the venue and jurisdiction that are described in this section to the extent that is permitted by law.
18.Changes to These Terms
The company may update these terms from time to time to reflect changes in its services, business practices, or legal requirements. The current version of these terms will always be available on this page, and the effective date will be updated at the top of the page when changes are made.
Material changes will be highlighted or communicated directly where appropriate. Your continued use of the website or the services after changes take effect constitutes acceptance of the updated terms.
If the company changes these terms in a way that requires your consent under applicable law, the company will obtain that consent before the change applies to you. The company encourages you to review these terms periodically. Questions about changes to these terms should be directed to the company using the contact details below.
19.Miscellaneous Provisions
These terms, together with any signed statement of work and any referenced documents, constitute the entire agreement between the parties and supersede all prior agreements and communications. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
The failure of either party to enforce any provision will not constitute a waiver of that provision. The parties are independent contractors, and nothing in these terms creates an agency, partnership, or joint venture.
Neither party may assign these terms without the written consent of the other party, except that the company may assign these terms in connection with a merger or acquisition. Notices under these terms must be provided in writing and delivered by email or by certified mail. The headings in these terms are for convenience only and do not affect interpretation.
20.Contact Information
For questions about these terms or about the services, contact the company. Email inquiries may be sent to team@redsoar.mom. Telephone inquiries may be directed to +17793631363.
Written correspondence may be sent to AGF Realty LLC, 1781 E Vine St, Salt Lake City, UT 84121-2153, United States. The company will respond to inquiries within a reasonable time.
Before you send confidential information, please contact the company to arrange secure delivery. The company appreciates feedback that helps improve the services and the documentation that governs them. This contact information also applies to any legal notices that are required under these terms. Please include your name and contact details in all correspondence so that the company can respond appropriately.