Terms of Service

1. Acceptance of Terms

By accessing or using the website of BRK DEVELOPMENTS LLC ("Company," "we," "us," or "our") at www.brkdevel.shop (the "Site"), and by engaging our professional services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Site or our services.

These Terms apply to all visitors, users, clients, and others who access or use the Site or services. We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Site or services after any changes constitutes acceptance of the revised Terms.

2. Services Description

BRK DEVELOPMENTS LLC provides professional computer systems design, systems integration, technical consulting, cybersecurity, cloud solutions, managed IT services, and related technical services (collectively, the "Services"). The scope, deliverables, timeline, and fees for each engagement shall be defined in a separate written agreement or statement of work ("SOW") executed by both parties.

3. Intellectual Property Rights

3.1 Company Intellectual Property

All content, materials, designs, code, methodologies, frameworks, tools, templates, and documentation provided by the Company in the course of delivering Services ("Company IP") remain the sole and exclusive property of BRK DEVELOPMENTS LLC.

3.2 Client Intellectual Property

Any pre-existing intellectual property that a client provides remains the property of the client. The Company is granted a limited, non-exclusive, temporary license to use such client IP solely for delivering the Services.

3.3 Deliverables

Upon full payment, the Company grants the client a non-exclusive, perpetual license to use deliverables specifically created for that client. The Company retains the right to use generalized knowledge, skills, and methodologies acquired during the engagement.

4. Client Responsibilities

Clients agree to: provide accurate and timely information; designate an authorized point of contact; provide timely access to systems, data, and personnel; maintain confidentiality of access credentials; comply with applicable laws; and obtain necessary consents for data shared with the Company.

5. Fees and Payment

Fees shall be as set forth in the applicable SOW or invoice. Payment terms are net thirty (30) days unless otherwise specified. Late payments may incur interest at 1.5% per month. The Company reserves the right to suspend Services for accounts past due more than thirty (30) days. All fees are exclusive of applicable taxes.

6. Confidentiality

Both parties agree to maintain the confidentiality of non-public information disclosed during the engagement. Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law. This obligation survives termination for five (5) years.

7. Limitation of Liability

To the maximum extent permitted by law, BRK DEVELOPMENTS LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages. The Company's total liability shall not exceed the total fees paid by the client during the twelve (12) month period preceding the claim.

8. Warranties and Disclaimer

The Company warrants Services will be performed in a professional manner in accordance with industry standards. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES AND SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

9. Indemnification

Clients agree to indemnify BRK DEVELOPMENTS LLC against claims arising from: use of Services in violation of these Terms; violation of applicable law; claims related to client data; or disputes with third parties arising from the Services.

10. Website Use

10.1 Acceptable Use

You agree to use our Site only for lawful purposes. Prohibited activities include unauthorized access attempts, transmitting malware, data scraping, impersonation, and interfering with Site functioning.

10.2 Site Content

All Site content is the property of BRK DEVELOPMENTS LLC or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, or modify Site content without our prior written consent.

11. Third-Party Links

Our Site may contain links to third-party websites. We do not endorse or assume responsibility for third-party content or services.

12. Termination

Either party may terminate in accordance with the SOW. The Company may terminate or suspend Site access for violating these Terms. Upon termination, all fees due through termination date shall be paid.

13. Force Majeure

Neither party shall be liable for delays due to causes beyond reasonable control, including acts of God, natural disasters, war, terrorism, government actions, pandemics, power outages, telecommunications failures, or internet disruptions.

14. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Ohio. Disputes shall be resolved through: (1) good-faith negotiations for 30 days; (2) mediation in Belmont County, Ohio; (3) binding arbitration per AAA rules in Belmont County, Ohio.

15. Severability

If any provision is found unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with any SOW, constitute the entire agreement between you and BRK DEVELOPMENTS LLC.

17. Waiver

Failure to enforce any provision shall not constitute a waiver. No waiver shall be effective unless in writing.

18. Contact Information