Terms of Service

Effective Date: April 1, 2026

These Terms of Service ("Terms") govern your access to and use of the website chamsenterprisesolutions.com (the "Site") and the services provided by Chams Enterprise Solutions ("we," "us," or "our"). By accessing or using the Site, or by engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or our services.

1. Services Description

Chams Enterprise Solutions provides enterprise technology services including, but not limited to:

Custom software development (platforms, portals, dashboards, internal tools)
White-label mobile and web applications
Cloud infrastructure, migration, and managed hosting
AI integration and workflow automation
API and system integrations
Managed IT services and 24/7 support
Cybersecurity audits, compliance, and incident response
Data analytics, business intelligence, and reporting
Backup and disaster recovery solutions
Mobile and web application development

The specific scope, deliverables, timeline, and pricing for any engagement are defined in a separate written agreement (a "Statement of Work" or "Service Agreement") executed by both parties.

2. Proposal Process

Submitting a proposal request through our Site constitutes an inquiry only and does not create a binding obligation on either party. Proposals, estimates, and project scopes provided by Chams Enterprise Solutions are for informational purposes and are non-binding until a formal Service Agreement or Statement of Work has been executed by authorized representatives of both parties.

We reserve the right to decline any project at our sole discretion.

3. Service Agreements

All engagements are governed by a written Service Agreement that will include, at minimum:

Detailed scope of work and deliverables
Project timeline and milestones
Fixed pricing or agreed-upon fee structure
Intellectual property ownership and licensing terms
Confidentiality obligations
Acceptance criteria and testing procedures
Support and maintenance terms (if applicable)

In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement shall prevail with respect to the specific engagement it covers.

4. Intellectual Property

Intellectual property rights for work produced by Chams Enterprise Solutions vary by project and are defined in each Service Agreement. Common arrangements include:

Full IP Transfer: Complete ownership of all custom-developed code, designs, and assets transfers to the client upon final payment.
Licensing: Client receives a perpetual, non-exclusive license to use the deliverables for agreed-upon purposes.
Managed/Hosted Solutions: We retain ownership of the underlying platform while the client retains ownership of their data and content.

Unless otherwise specified in a signed Service Agreement, we retain ownership of all pre-existing intellectual property, proprietary frameworks, libraries, and tools used in the development process. We may use general knowledge, techniques, and experience gained during an engagement for future projects, provided no confidential information is disclosed.

5. Payment Terms

Payment terms are specified in each Service Agreement. Unless otherwise agreed in writing:

Projects require a deposit before work commences, typically 30-50% of the total project fee.
Milestone payments are due upon delivery and acceptance of agreed-upon project milestones.
Final payment is due upon project completion and delivery of all deliverables.
Recurring services (managed IT, hosting, support) are billed monthly in advance.
Invoices are due within 15 days of the invoice date unless otherwise specified.
Late payments may incur interest at a rate of 1.5% per month on the outstanding balance.

We reserve the right to suspend work on any project for which payment is overdue by more than 30 days.

6. Client Responsibilities

To ensure timely and successful delivery of services, clients agree to:

Provide complete and accurate project requirements and specifications
Designate a primary point of contact with authority to make decisions and provide approvals
Provide timely feedback and approvals at agreed-upon milestones
Supply all necessary content, data, credentials, and access required for the project
Review and test deliverables within the timeframes specified in the Service Agreement

Delays caused by the client's failure to fulfill these responsibilities may result in adjusted timelines and, where applicable, additional charges as outlined in the Service Agreement.

7. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the course of an engagement. Confidential information includes, but is not limited to, business strategies, technical specifications, source code, trade secrets, customer data, and financial information. Confidentiality obligations survive the termination of any Service Agreement for a period of three (3) years unless otherwise specified.

8. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. For software deliverables, we provide a warranty period (as specified in the Service Agreement, typically 30-90 days post-launch) during which we will correct defects at no additional cost.

EXCEPT AS EXPRESSLY PROVIDED IN A SIGNED SERVICE AGREEMENT, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that software will be entirely free of errors, that it will operate without interruption, or that it will be compatible with all third-party systems or future technology updates.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHAMS ENTERPRISE SOLUTIONS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY SERVICE AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY SERVICE AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT UNDER THAT SPECIFIC SERVICE AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Chams Enterprise Solutions and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your violation of these Terms; (b) your use of our services in violation of applicable law; or (c) any third-party claims related to content, data, or materials you provide to us for use in a project.

11. Termination

Either party may terminate a Service Agreement in accordance with the termination provisions specified therein. In the absence of specific termination provisions:

Either party may terminate with 30 days' written notice.
Either party may terminate immediately if the other party materially breaches the agreement and fails to cure the breach within 15 days of written notice.
Upon termination, the client is responsible for payment of all work completed up to the effective date of termination.
Deliverables completed and paid for prior to termination shall be delivered to the client.

12. Governing Law and Dispute Resolution

These Terms and any Service Agreements shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or any Service Agreement shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration or litigation in the state or federal courts located in Utah, United States. Both parties consent to the exclusive jurisdiction of such courts.

13. Use of the Website

You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the Site. You may not:

Use the Site in any way that violates applicable laws or regulations
Attempt to gain unauthorized access to any part of the Site or its systems
Use automated tools to scrape, crawl, or extract data from the Site
Transmit any viruses, malware, or other harmful code
Impersonate any person or entity

14. Modifications to These Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the Site or our services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

Material changes to these Terms will not retroactively apply to any existing Service Agreement unless both parties agree in writing.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

16. Entire Agreement

These Terms, together with any applicable Service Agreement and Privacy Policy, constitute the entire agreement between you and Chams Enterprise Solutions regarding the subject matter herein and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

17. Contact Us

If you have any questions or concerns about these Terms of Service, please contact us at:

Chams Enterprise Solutions
Email: contact@chamsenterprisesolutions.com
Website: chamsenterprisesolutions.com