Terms and Conditions

Effective Date: July 1, 2025

Last Updated: July 1, 2025

Welcome to Upward Tech IO! These Terms and Conditions ("Terms") govern your use of our website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

We are Upward Tech IO LLC ("Company," "Upward Tech IO," "we," "us," "our"), a technology consulting company registered in the United States, providing professional technology services including software development, web development, cloud infrastructure, cybersecurity, digital strategy, and technical support.

Contact Information:

These Terms form a legally binding contract between you and Upward Tech IO. If you do not agree to these Terms in their entirety, you must not access or use our Services.

1. Our Services

Upward Tech IO provides professional technology consulting services, including but not limited to:

Core Services

  • Software Development: Custom applications, web applications, mobile development, API development
  • Web Development: Website design and development, e-commerce solutions, content management systems
  • Cloud Infrastructure: Cloud migration, infrastructure setup, DevOps, managed services
  • Cybersecurity: Security audits, compliance consulting, incident response, ongoing security management
  • Digital Strategy: Technology consulting, digital transformation, strategic planning
  • Technical Support: Training, documentation, ongoing technical assistance

Service Delivery

Services are delivered through various methods including:

  • On-site consulting and implementation
  • Remote development and support
  • Hybrid engagement models
  • Project-based and ongoing service arrangements

2. Fees, Payments, and Billing

Service Fees

Fees for our Services are specified in:

  • Our website pricing pages
  • Individual service agreements
  • Project proposals and contracts

Payment Terms

  • Payment Methods: We accept major credit cards, ACH transfers, and wire transfers
  • Currency: Payments are processed in USD unless otherwise agreed
  • Payment Processing: Payments are processed through secure third-party providers including Stripe and Square
  • Invoicing: Invoices are typically sent monthly or according to project milestones

Payment Schedule

  • Project Services: Typically require deposits with remaining payments tied to milestones
  • Ongoing Services: Billed monthly in advance
  • Consulting Services: May be billed hourly, daily, or per project

Late Payment Policy:

  • • Late fees of 1.5% per month may apply to overdue amounts
  • • Services may be suspended for accounts more than 30 days overdue
  • • Collection costs may be charged for significantly overdue accounts

3. Intellectual Property Rights

Work Product

Unless otherwise specified in a project agreement:

  • Custom Development: Client owns the final deliverables and custom code created specifically for them
  • General Consulting: Client receives usage rights to recommendations and strategies
  • Shared Components: Upward Tech IO retains rights to general methodologies and reusable components

Client IP

You retain ownership of your pre-existing intellectual property and data provided to us.

Upward Tech IO IP

All proprietary methodologies, tools, templates, and pre-existing intellectual property of Upward Tech IO remain our exclusive property.

4. Client Responsibilities

Information Accuracy

You must provide accurate, complete, and current information necessary for service delivery.

Access and Cooperation

You agree to:

  • Provide timely access to systems, personnel, and information
  • Respond promptly to requests for feedback and approvals
  • Assign qualified personnel to work with our team

5. Service Level Agreements

Response Times

  • Emergency Support: Within 4 hours during business hours
  • Standard Support: Within 24 hours during business days
  • General Inquiries: Within 48 hours during business days

Business Hours

Our standard business hours are Monday through Friday, 9 AM to 6 PM EST, excluding holidays.

6. Warranties and Disclaimers

Service Warranty

We warrant that our Services will be performed with professional skill and care consistent with industry standards.

Deliverable Warranty

We warrant that deliverables will substantially conform to agreed specifications for 90 days after delivery.

DISCLAIMER:

EXCEPT AS EXPRESSLY STATED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

7. Limitation of Liability

Liability Cap:

OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Exclusion of Damages:

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

8. Dispute Resolution

Informal Resolution

Disputes should first be addressed through good-faith negotiations between appropriate representatives of both parties.

Mediation and Arbitration

If informal resolution fails:

  • Disputes will be submitted to mediation through a mutually agreed mediator
  • Unresolved disputes after mediation will be settled through binding arbitration
  • Arbitration will be conducted under the rules of the American Arbitration Association

9. General Provisions

Modifications

We may update these Terms periodically. Material changes will be communicated with 30 days' notice.

Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

Questions about these Terms?

Contact us at work@upwardtech.io

These Terms are designed to comply with applicable laws and regulations.