Please read these terms carefully before using our services
Important: By accessing or using Eagle Fort services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
These Terms of Service constitute a legally binding agreement between you and ERFURT LLC, doing business as Eagle Fort, regarding your use of our website, services, and products. By accessing our website at www.eaglefort.surf or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
Eagle Fort provides professional computer systems design and related services, including but not limited to:
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these eligibility requirements.
Certain services may require you to create an account. You agree to:
We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent or illegal activities.
Professional services provided by Eagle Fort are governed by separate service agreements or statements of work. These agreements will specify:
In the event of any conflict between these Terms of Service and a separate service agreement, the service agreement shall prevail.
Fees for our services will be specified in the applicable service agreement or proposal. All fees are quoted in United States Dollars unless otherwise specified.
Payment terms will be outlined in your service agreement. Unless otherwise specified, invoices are due within 30 days of the invoice date. Late payments may be subject to interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
You agree to reimburse us for reasonable out-of-pocket expenses incurred in connection with providing services, including travel, accommodation, and third-party services, as specified in your service agreement.
All fees are exclusive of applicable taxes, duties, and levies. You are responsible for paying all such taxes, except for taxes based on our net income.
All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, software, and methodologies, are owned by or licensed to ERFURT LLC and are protected by copyright, trademark, and other intellectual property laws.
You retain all rights to your pre-existing intellectual property. By engaging our services, you grant us a limited license to use your intellectual property solely for the purpose of providing services to you.
Ownership of work product created during the provision of services will be specified in the applicable service agreement. Unless otherwise agreed, custom work product created specifically for you will be transferred to you upon full payment of all fees.
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of our services and continues for a period of five years unless otherwise specified in a separate agreement.
We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is valid for 90 days from the date of service delivery unless otherwise specified in your service agreement.
EXCEPT AS EXPRESSLY PROVIDED IN A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED AS IS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ERFURT LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless ERFURT LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to:
Either party may terminate a service agreement in accordance with the termination provisions specified in that agreement. In the absence of specific termination provisions, either party may terminate with 30 days written notice.
We may immediately terminate or suspend your access to our services if you breach these Terms of Service or engage in fraudulent, illegal, or harmful activities.
Upon termination, you must pay all outstanding fees for services rendered. Provisions of these terms that by their nature should survive termination shall survive, including confidentiality, intellectual property, limitation of liability, and dispute resolution provisions.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Sacramento, California.
You agree that any arbitration or proceeding shall be limited to the dispute between you and ERFURT LLC individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of our services. This includes compliance with export control laws, data protection regulations, and industry-specific requirements.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
The relationship between you and ERFURT LLC is that of independent contractors. Nothing in these terms creates a partnership, joint venture, agency, or employment relationship between the parties.
You may not assign or transfer these Terms of Service or any rights or obligations hereunder without our prior written consent. We may assign these terms in connection with a merger, acquisition, or sale of assets.
If any provision of these Terms of Service is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms of Service, together with any applicable service agreements and our Privacy Policy, constitute the entire agreement between you and ERFURT LLC regarding the use of our services and supersede all prior agreements and understandings.
We reserve the right to modify these Terms of Service at any time. We will notify you of material changes by posting the updated terms on our website and updating the Last Updated date. Your continued use of our services after such modifications constitutes your acceptance of the updated terms.
All notices under these Terms of Service shall be in writing and delivered by email, certified mail, or courier service to the addresses specified in your service agreement or to:
ERFURT LLC
1401 21ST St Ste 4
Sacramento, CA 95811-5226
United States
Email: contact@eaglefort.surf
If you have any questions about these Terms of Service, please contact us:
Email: contact@eaglefort.surf
Phone: +1 (782) 103-5644
Website: www.eaglefort.surf
By using Eagle Fort services, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by their terms and conditions.