Terms of Service

What the site is

The site is a marketing and enquiry site for the services of OrganByte IT Solutions (OrganByte, we, us). It is not a software platform, it has no user accounts, and no transactions are processed on it. It describes what we do, shows examples of our work, and lets you get in touch.

Enquiries are not contracts

Submitting the contact form, booking a call, or talking to the chat assistant does not create an engagement, a contract, or any obligation on either side. It also does not create a duty of confidentiality on our part until a written agreement that provides for one has been signed. If you need something to be treated as confidential before then, tell us and we will put a non-disclosure agreement in place first.

Quotes and estimates

Any price, figure or timeline shown on the site or given in early conversations is indicative only. Binding scope, price and timeline are set out in a signed proposal or Statement of Work. Unless a quote says otherwise, it is valid for 30 days from the date we issue it.

Client engagements

All client work is performed under a separate Master Services Agreement and one or more Statements of Work. Those documents, not these terms, govern the project, including scope, fees, timelines, confidentiality, data protection, warranties and ownership of deliverables. Where these terms and a signed agreement conflict, the signed agreement wins for that engagement.

Intellectual property

All content on the site, including text, design, graphics, code, case studies and the OrganByte name and logo, belongs to us or our licensors and is protected by copyright, trademark and other laws. You may view the site and share links to it. You may not copy, reproduce, modify, republish, scrape or create derivative works from the site's content without our written permission, except as the law allows.

For client work, ownership of deliverables transfers to the client on full payment, as set out in the relevant Statement of Work. We state this here so that prospective clients see it early.

Acceptable use

When using the site you agree not to:

• Scrape, crawl or harvest content or data from the site by automated means, other than search engines indexing public pages.
• Probe, scan, overload, interfere with or attempt to gain unauthorised access to the site, its hosting or any connected system.
• Submit anything unlawful, defamatory, infringing, deceptive or malicious through the contact form or chat assistant.
• Upload or type another person's personal data, including any patient or health information, into the contact form or chat assistant.
• Use the site, the contact form or the chat assistant to send unsolicited commercial messages.
• Misrepresent who you are or who you are acting for.

The chat assistant

The site's chat assistant is an automated AI system. It can be inaccurate, incomplete or out of date. It does not provide medical, clinical, legal, tax, financial or regulatory advice, and it must not be relied on for any clinical or diagnostic decision. Nothing the assistant says is an offer, a quote or a commitment, and nothing it says binds us. If something matters, confirm it with a person on our team.

Links to other sites

The site contains links to third-party websites and services. They are provided for convenience. A link is not an endorsement, and we are not responsible for the content, availability, privacy practices or accuracy of any third-party site.

Disclaimer of warranties

The site and its content are provided as is and as available, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be uninterrupted, error-free or free of harmful components, or that its content is accurate, complete or current. Case studies describe past work; results vary, and nothing on the site is a promise of a particular outcome for you.

Limitation of liability

To the fullest extent permitted by law, we and our officers, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to your use of, or inability to use, the site, the contact form or the chat assistant, however caused and under any theory of liability, even if we were advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims relating to the site will not exceed one hundred US dollars (US$100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these terms limits liability that cannot be limited by law.

Indemnity

You agree to indemnify and hold harmless us and our officers, employees, contractors and agents from any claims, losses, liabilities, damages, costs and expenses, including reasonable legal fees, arising out of your breach of these terms, your misuse of the site, or anything you submit through the contact form or chat assistant.

Changes to the site, and suspension of access

We may change, suspend or withdraw any part of the site at any time without notice. We may also restrict or terminate your access to the site, including the chat assistant, if we reasonably believe you have breached these terms or are using the site in a way that could harm us or others.

Governing law and venue

These terms, and any dispute arising out of or relating to them or the site, are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. You agree that the state and federal courts located in Florida have exclusive jurisdiction over any such dispute, and you consent to their personal jurisdiction. If you access the site from outside the United States, you do so on your own initiative and are responsible for complying with local law.

General

• Severability. If any part of these terms is found to be unenforceable, the rest remains in effect and the unenforceable part is replaced by an enforceable term that comes closest to its intent.
• Entire agreement. These terms and the Privacy Policy are the entire agreement between you and us about your use of the site. They do not replace any signed agreement for client work.
• Assignment. You may not assign or transfer these terms. We may assign them to a successor to our business.
• No waiver. If we do not enforce a term, that is not a waiver of our right to enforce it later.
• Effective date. These terms take effect on the date of publication shown at the top of this page.

Contact

Questions about these terms: OrganByte IT Solutions, Florida, United States. Email info@organbyte.com with the word Legal in the subject line, or use the contact page on this site.