1. Acceptance
These Terms of Service constitute a legally binding agreement between you and FiveNodes, Inc. governing your use of 5ivenodes.com and our engineering services. By engaging FiveNodes you agree to these Terms.
2. Services
FiveNodes provides software engineering services including SaaS development, cloud infrastructure, API integration, design, data engineering, and maintenance. Specific deliverables and pricing are defined in a Statement of Work that supplements these Terms.
3. Intellectual property
Upon receipt of full payment, FiveNodes assigns to the Client all rights in custom deliverables as defined in the SOW. FiveNodes retains ownership of pre-existing tools, general methodologies, and open-source components subject to their respective licenses.
4. Client obligations
- Provide timely feedback, approvals, and content within agreed timeframes
- Grant necessary access to systems required for the project
- Designate a primary contact with authority to make project decisions
- Ensure all information provided is accurate and lawfully obtained
5. Payment
- Fees are as specified in the applicable SOW
- Invoices are due within 30 days of issuance unless otherwise agreed
- Late payments accrue interest at 1.5% per month
- Work may be suspended if invoices remain unpaid for 15 days past due
6. Confidentiality
Both parties agree to maintain the confidentiality of the other party's Confidential Information, use it only for the engagement, and not disclose it to third parties without prior written consent. Obligations survive termination.
7. Limitation of liability
To the maximum extent permitted by law, FiveNodes' total aggregate liability shall not exceed the fees paid in the 12 months preceding the claim. Neither party is liable for indirect or consequential damages.
8. Termination
Either party may terminate for cause upon material breach uncured for 30 days after written notice, or for convenience with 30 days written notice. Fees for work completed remain payable upon termination.
9. Disputes
Disputes shall be resolved by binding arbitration under JAMS rules in Albuquerque, New Mexico. These Terms are governed by New Mexico law.
10. General
- Entire agreement — These Terms plus any SOW constitute the entire agreement
- Severability — If any provision is unenforceable the remainder remains in effect
- Assignment — Client may not assign without prior written consent
Questions: legal@5ivenodes.com