Terms of Service

1. Acceptance of Terms

By accessing this website, submitting an enquiry, accepting a proposal or allowing AEFINTYR LLC to begin work, you confirm that you have read and understood these Terms of Service and that you agree to be bound by them. These Terms apply to every visitor, every prospective client and every client of the company unless a separate signed agreement expressly replaces them.

Where a signed master agreement, statement of work or data processing addendum exists between you and AEFINTYR LLC, that document takes precedence over these Terms to the extent of any conflict. Where no separate agreement exists, these Terms are the agreement between you and the company, and they apply from the moment you first use the site or engage our bench.

You should review these Terms each time you use the site, because the version in force at the time of your use is the version that applies. The effective date at the top of this page tells you when the current version took effect.

2. Definitions

In these Terms of Service, the following meanings apply unless the context requires otherwise.

• The Company means AEFINTYR LLC, a computer integrated systems design practice at 2227 3rd Ave SW, Rochester - 55902-2307, United States (US).
• The Website means the site published at aefintyr.buzz and every page under that domain.
• The Services means the systems design, cabling design, integration engineering, monitoring design, documentation and project management work offered by the Company.
• The Client means the person or organisation that engages the Company, or that submits an enquiry through the Website.
• Deliverable means any drawing, schedule, report, register, configuration, code, document or other material the Company produces for the Client.
• Client Materials means any information, data, drawing, credential, device or property the Client provides to the Company.

3. Eligibility and Authority

This Website and the Services are intended for businesses and professional organisations. By using the Website or engaging the Company, you confirm that you are at least eighteen years of age and that you have the legal capacity to enter into a binding agreement.

If you act on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms and to any proposal you accept. If it later emerges that you did not hold that authority, the organisation you purported to represent remains responsible for the work performed and for the fees incurred, and you may also be personally responsible.

The Company may decline an enquiry or a project at its discretion, including where a proposed engagement would create a conflict of interest, where the Company lacks the capacity to deliver properly, or where the work would require the Company to act outside its lawful competence.

4. Permitted Use of the Website

The Company grants you a limited, revocable and non exclusive licence to view and use the Website for lawful business purposes. You may read the pages, print them for your own reference and share links to them. You may not reproduce the content commercially, modify it, republish it or present it as your own without written permission.

You agree not to misuse the Website. Prohibited activity includes attempting to gain unauthorised access to any system, probing or scanning the site for vulnerabilities without written consent, introducing malicious code, interfering with normal operation, scraping content at a volume that affects the service, impersonating the Company or another person, and using the Website to send unlawful, misleading or harmful material.

The Company may suspend or block access to the Website, without notice, if it reasonably believes that a user has breached these Terms or that access presents a security or legal risk. The Company is not obliged to monitor every use of the site, but it reserves the right to investigate suspected misuse and to cooperate with law enforcement.

5. Services and Scope of Work

The Company provides six connected disciplines: systems architecture, network and cabling design, integration engineering, monitoring and observability, documentation and compliance, and technical project management. Each engagement is defined by a written scope that states the objectives, the deliverables, the assumptions, the exclusions and the acceptance criteria.

Work is performed to a professional standard and to the requirements set out in the agreed scope. Anything not expressly included in the scope is excluded. Additional work requested by the Client will be handled through a written change request that records the effect on fee and schedule before the extra work begins. The Company will not undertake extra work without an agreed change, and it is not obliged to perform work outside its competence.

Where the Company performs work on a site controlled by the Client or by a third party, the Company does so within the access and safety rules that apply at that site. The Company designs systems and writes documentation. It does not replace the role of a licensed electrical contractor, a structural engineer, a fire authority or any other statutory professional, and where such specialist involvement is required the Client is responsible for appointing it.

6. Proposals, Fees and Payment

A proposal issued by the Company is valid for thirty days unless it states otherwise. The proposal becomes a binding agreement when the Client accepts it in writing, whether by email, electronic signature or a purchase order that references it. The Company is not obliged to reserve bench time until a proposal is accepted and any required deposit has cleared.

Fees are stated in United States dollars unless agreed otherwise. Fixed fee engagements are invoiced according to the milestone schedule in the proposal. Time and materials engagements are invoiced monthly against a record of hours and expenses. Expenses such as travel, lodging, equipment hire and shipping are charged at cost unless the proposal states a fixed allowance.

Invoices are payable within thirty days of the invoice date unless the proposal states otherwise. Late amounts may attract interest at the rate permitted by applicable law, and the Company may suspend work while an invoice remains overdue. The Client is responsible for any taxes that apply to the Services, other than taxes on the Company net income. Where a payment dispute arises, both parties agree to raise it promptly and to work in good faith toward resolution before exercising any other remedy.

7. Client Responsibilities

The quality of a design depends on the quality of the information behind it. The Client agrees to provide accurate and timely information, including existing drawings, asset lists, credentials needed for access, and a named contact who can make decisions about the project. The Client agrees to respond to requests for information within the period agreed in the proposal, and to tell the Company promptly about any change that affects the design.

The Client is responsible for the safety of the site, for the conduct of its own staff and contractors, and for obtaining any consents, permits or landlord approvals required for the work. The Client is responsible for the accuracy of any instruction it gives the Company, and for ensuring that any third party it introduces cooperates with the agreed schedule.

Where the Company is asked to work alongside another supplier, the Client agrees to coordinate those suppliers and to ensure that interfaces are tested. The Company will describe what it needs from each party, but the Client remains responsible for holding the whole project together unless the Company has been expressly engaged to manage it.

8. Scheduling, Access and Delays

The Company will make reasonable efforts to meet the dates stated in the proposal, and it will inform the Client promptly if a date is at risk. Dates depend on factors outside the Company control, including site access, the performance of other trades, the availability of equipment and the timeliness of Client decisions.

Where a delay is caused by the Client, by another supplier or by site conditions, the Company may adjust the schedule and charge for any additional time or cost reasonably incurred. Standby charges may apply where the Company attends site and cannot perform the agreed work because access, power, information or equipment is not available. The Company will tell the Client before such a charge is applied wherever it can.

Site visits are arranged by appointment. The Client agrees to provide safe access, a point of contact on arrival and any induction or permit required. The Company reserves the right to withdraw personnel from a site where conditions are unsafe or where conduct makes the work impossible, and any resulting delay is treated as a Client caused delay.

9. Intellectual Property

The Website, its text, its visual design, its code and its structure belong to the Company and are protected by applicable intellectual property law. Nothing in these Terms transfers ownership of the Website or of the Company background materials to you.

The Company retains ownership of its background knowledge, methods, templates, standards, tooling and general know how, whether created before or during an engagement. On full payment of the relevant fees, the Company grants the Client a perpetual, worldwide and royalty free licence to use the Deliverables for the internal operation, maintenance and expansion of the systems they describe.

The Client may not resell the Deliverables as a standalone product, publish them for commercial gain or present them as its own design work without written permission. Where a Deliverable incorporates third party components, the licence terms of those components continue to apply, and the Company will identify them so that the Client can comply.

10. Client Materials and Licence

The Client retains ownership of everything it provides to the Company. The Client grants the Company a limited licence to use Client Materials solely for the purpose of performing the Services and delivering the agreed Deliverables. That licence lasts for the duration of the engagement and for any period reasonably needed afterwards to support the delivered system.

The Client confirms that it has the right to provide the Client Materials and that doing so does not infringe the rights of any third party. Where Client Materials include personal information, the parties will handle it in accordance with applicable law and any data processing addendum. The Company will not use Client Materials for any other client and will not disclose them except as described in the confidentiality section below.

On request at the end of an engagement, the Company will return or delete Client Materials, except where it must retain a copy to comply with law, to maintain a professional record or to support a system it designed. Where a copy is retained, the confidentiality obligations in these Terms continue to apply.

11. Confidentiality

Each party may receive information that the other treats as confidential. Confidential information includes technical drawings, network details, credentials, pricing, business plans and any material marked as confidential or that a reasonable person would understand to be confidential from the circumstances.

Each party agrees to use confidential information only for the purpose of the engagement, to protect it with at least the same care it applies to its own confidential information, and to disclose it only to those personnel and advisers who need it and who are bound by confidentiality. These obligations do not apply to information that is public through no fault of the receiving party, that was already lawfully held, that is independently developed, or that must be disclosed by law or court order.

Where disclosure is compelled, the party required to disclose will give the other prompt notice where lawful, will limit the disclosure to what is required, and will cooperate in any reasonable effort to protect the information. Confidentiality obligations survive the end of the engagement for a period of five years, and indefinitely for trade secrets and credentials.

12. Deliverables and Acceptance

A Deliverable is accepted when the Client confirms acceptance in writing or when the acceptance period stated in the proposal expires without a written notice of defect. Where the Client identifies a defect within the acceptance period, the Company will correct it within a reasonable time at no additional cost, provided the defect relates to the agreed scope and criteria.

Requests for changes that go beyond the agreed criteria are treated as change requests under the fees and payment section of these Terms. The Company will not withhold acceptance unreasonably, and the Client will not withhold acceptance for reasons unrelated to the agreed criteria.

After acceptance, the Company offers a stabilisation period during which it will address defects that emerge in normal use. The length of that period is stated in the proposal. The stabilisation period does not cover faults caused by third party changes, misuse, unauthorised modification or normal wear, and it does not extend to new requirements.

13. Warranties and Disclaimers

The Company warrants that it will perform the Services with reasonable skill and care, in accordance with the agreed scope and applicable professional standards, and that it holds the competence required for the work it accepts. The Company will re perform any part of the Services that fails to meet this warranty, provided the Client reports the failure within the period stated in the proposal.

Except for the express warranty above, the Website and the Services are provided on an as available basis. To the fullest extent permitted by law, the Company disclaims all other warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose and non infringement. The Company does not warrant that the Website will be uninterrupted or free of error, or that it will be compatible with every device or network.

The Company is not responsible for the performance of third party products, services or networks, for the acts or omissions of other suppliers, or for any outcome that depends on information the Client failed to provide. Any design assumes the accuracy of the information on which it is based. Where an assumption proves false, the Company will advise on the effect and will carry out corrective work as a change request.

14. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter where exclusion would be unlawful.

Subject to the paragraph above, the total aggregate liability of the Company arising out of or in connection with an engagement is limited to the total fees actually paid by the Client to the Company under the relevant proposal in the twelve months preceding the event giving rise to the claim. For use of the Website that does not involve a paid engagement, the total liability of the Company is limited to one hundred United States dollars.

Subject to the first paragraph of this section, the Company is not liable for indirect or consequential loss, for loss of profit, revenue, business, opportunity, goodwill or anticipated savings, for loss or corruption of data, or for the cost of substitute services, whether the claim arises in contract, tort, negligence, strict liability or otherwise, even if the Company was advised of the possibility of such loss. The Client is responsible for maintaining its own backups of any data and configuration it controls.

15. Indemnity

The Client agrees to indemnify and hold harmless the Company, its members, employees and contractors against any claim, loss, damage, liability and reasonable cost arising from the Client Materials, from a breach by the Client of these Terms, from the Client failure to obtain a required consent or permit, or from the Client use of a Deliverable outside the scope for which it was prepared.

The Company agrees to indemnify and hold harmless the Client against any claim that a Deliverable created solely by the Company infringes the intellectual property rights of a third party, provided the Client notifies the Company promptly, allows the Company to control the defence, and does not settle the matter without agreement. This indemnity does not apply where the claim arises from Client Materials, from a modification made by the Client or a third party, or from use in combination with something the Company did not supply.

The indemnified party will provide reasonable cooperation and information and will mitigate its losses. The indemnifying party will not be responsible for costs incurred without its written consent.

16. Termination and Suspension

Either party may terminate an engagement on thirty days written notice. The Client remains responsible for fees for work performed and for non cancellable commitments made up to the effective date of termination. The Company will hand over work in progress and will provide a reasonable transition of knowledge on request, subject to payment of outstanding amounts.

The Company may suspend or terminate immediately, without liability, if the Client fails to pay an undisputed invoice after a written reminder, if the Client breaches these Terms in a material way, if the Company reasonably believes that continuing would be unlawful or unsafe, or if the Client becomes insolvent. Termination does not relieve either party of obligations that by their nature should survive, including confidentiality, intellectual property, payment for work done, limitation of liability and governing law.

The Company may also suspend performance during a payment investigation or where a legal or regulatory restriction requires it. Where suspension is imposed for a reason within the Client control, the schedule is adjusted accordingly and any additional cost is borne by the Client.

17. Force Majeure

Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control. Such events include natural disasters, severe weather, fire, flood, epidemic or pandemic, war, civil unrest, acts of government, labour disputes, failure of utilities or telecommunications, cyber attack on a third party, and the unavailability of a critical supplier.

The affected party will notify the other promptly, will use reasonable efforts to limit the impact and to resume performance, and will keep the other informed of progress. If the event continues for more than sixty days, either party may terminate the affected engagement by written notice and will pay for work properly performed up to that point.

A force majeure event does not excuse a payment obligation that arose before the event. The Company will take reasonable steps to secure its systems and records during a disruptive event and will resume normal service as soon as it is safely able to do so.

18. Governing Law and Disputes

These Terms and any dispute arising from them are governed by the laws of the State of Minnesota and the applicable federal laws of the United States, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Minnesota, except where applicable law gives the Client a right to bring proceedings elsewhere.

Before commencing proceedings, the parties agree to attempt to resolve the dispute through good faith negotiation. A party raising a dispute will provide a written description of the issue and the outcome it seeks, and the other party will respond within fifteen business days. If negotiation does not resolve the matter, the parties may agree to mediation before a mutually acceptable mediator.

Nothing in this section prevents either party from seeking urgent interim relief from a court where it is necessary to protect confidential information, intellectual property or safety. Each party bears its own legal costs unless a court or tribunal orders otherwise.

19. Changes to These Terms

The Company may update these Terms from time to time to reflect changes in its services, in technology or in the law. The current version is always published on this page with an effective date. Where a change is material and affects an active engagement, the Company will notify the Client directly, and the change will apply to that engagement only from the date agreed or permitted by law.

Continued use of the Website after a change takes effect constitutes acceptance of the revised Terms for the purpose of website use. For services delivered under a signed proposal, the version of these Terms in force at the date of acceptance governs unless the parties agree otherwise in writing.

20. Contact and Notices

Formal notices under these Terms should be sent to the following address. Notices to the Company are effective when received at the address or email below. Notices to the Client are effective when sent to the last contact details the Client provided.

• Company: AEFINTYR LLC
• Address: 2227 3rd Ave SW, Rochester - 55902-2307, United States (US)
• Email: support@aefintyr.buzz
• Telephone: +17758541180

These Terms of Service form part of the public information of AEFINTYR LLC and should be read alongside the Privacy Policy, which explains how the company handles personal information. Both documents are available from the footer of every page of this Website, and both identify the company address and contact points in English in the same form used here.