Terms of Service

Please read these terms carefully before using our services

Last Updated: January 2024

Agreement to Terms

These Terms of Service constitute a legally binding agreement between you and Cunning Werks Inc., doing business as Cunning Works, concerning your access to and use of our website and services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.

Services Description

Cunning Works provides professional computer systems design, integration services, technical consulting, and related professional, scientific, and technical services. Our services include but are not limited to:

Use of Services

Eligibility

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 requirements.

Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to:

Service Agreements

Specific services provided by Cunning Works will be governed by separate service agreements or statements of work. These agreements will detail the scope of services, deliverables, timelines, fees, and other relevant terms.

In the event of any conflict between these Terms of Service and a specific service agreement, the service agreement shall prevail with respect to those specific services.

Intellectual Property Rights

Our Intellectual Property

All content, features, and functionality on our website and in our services, including but not limited to text, graphics, logos, software, and designs, are owned by Cunning Works or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Client Intellectual Property

Unless otherwise specified in a service agreement, clients retain ownership of their pre-existing intellectual property. Work product created specifically for clients under a service agreement will be addressed in that agreement.

License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose.

Fees and Payment

Fees for our services will be specified in individual service agreements or proposals. Payment terms, including due dates, accepted payment methods, and late payment penalties, will be outlined in those agreements.

All fees are exclusive of applicable taxes, which will be added to invoices as required by law. Clients are responsible for payment of all applicable taxes.

Confidentiality

We understand the sensitive nature of business information. Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship.

Specific confidentiality obligations will be detailed in non-disclosure agreements or service agreements as appropriate.

Warranties and Disclaimers

We strive to provide high-quality services and maintain our website in good working order. However, our services and website are provided on an as-is and as-available basis.

To the fullest extent permitted by law, Cunning Works disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy or completeness of any content on our website.

Limitation of Liability

To the maximum extent permitted by law, Cunning Works 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 from or related to our services shall not exceed the amount paid by you to Cunning Works for the specific services giving rise to the claim during the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Cunning Works and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our services or your violation of these Terms.

Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use our services will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

Governing Law and Dispute Resolution

These Terms 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 disputes arising from or relating to these Terms or our services shall be resolved through good faith negotiations. If negotiations fail, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes by posting the updated Terms on our website with a new effective date.

Your continued use of our services after any changes indicates your acceptance of the new Terms. We encourage you to review these Terms periodically.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Entire Agreement

These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Cunning Works regarding our services and supersede all prior agreements and understandings.

Questions About These Terms

If you have any questions about these Terms of Service, please contact us:

Cunning Werks Inc.
13070 Rancho Heights Rd
Pala, CA 92059-1839
United States

Email: contact@cunningworks.buzz
Phone: +1 895 600 1244
Website: www.cunningworks.buzz