Terms and Conditions
These Terms govern your use of our website and software development and consulting services provided by Bear Creek Software LLC. By engaging our services, you agree to these Terms.
1. Services
Specific deliverables, timelines, and fees will be outlined in a separate Statement of Work ("SOW") or proposal. These Terms are incorporated into and govern any SOW unless otherwise stated in writing.
2. Payment Terms
Client agrees to pay all fees as specified in the SOW or invoice. Depending on the engagement, payment may be due in advance, on milestones, or monthly. Late payments may result in suspension or delay of services.
3. Intellectual Property
All pre‑existing intellectual property of each party remains the property of that party. Unless otherwise agreed in writing, any new materials, code, documentation, or other deliverables ("Work Product") developed by us may incorporate our underlying tools, libraries, or frameworks. Upon full payment of applicable fees, we grant the Client a license to use the Work Product for their internal business purposes or as described in the SOW.
4. Client Responsibilities
Client agrees to provide timely access to necessary information, systems, subject‑matter experts, and technical resources required to perform services, including access to code repositories, hosting, and third‑party tools where relevant.
5. Confidentiality
Both parties agree to keep confidential all non‑public information obtained during the engagement, including but not limited to technical, business, and security‑related details, except where disclosure is required by law.
6. Termination
Either party may terminate the Agreement with written notice (typically 30 days, unless otherwise specified in the SOW). Client is responsible for fees incurred up to the effective date of termination, including work in progress.
7. Disclaimer of Warranties
Services and Work Product are provided "AS IS" and "AS AVAILABLE." While we strive to follow industry best practices, we do not guarantee specific outcomes (for example, performance, revenue increases, or uptime) as these may depend on infrastructure, third‑party services, and other external factors.
8. Limitation of Liability
To the maximum extent permitted by law, our total liability arising out of or relating to the Agreement shall not exceed the total fees paid by the Client in the three (3) months preceding the event giving rise to the claim.
