Welcome to ABM Technologies and Consultancy! These Terms of Service govern your use of  www.abmtechnologies.us, referred to as 'our website' from here on. You agree to comply with these terms and conditions by accessing or using our website. Please read these Terms carefully before using our website or engaging with our services.

Acceptance of Terms

By using our website, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from accessing or using our website or services.

Services

Our website provides information about our software development, product development, LMS development and other technology services. As part of our services, we may send communications to the client, such as advertisements, notices, service announcements, and newsletters. The client's responsible for acquiring access to our Services, which may involve third-party fees, including ISP, merchant accounts, and gateways. The client is also responsible for obtaining the necessary equipment and software to access our Services.

User Conduct

You are responsible for your use of our website and services. When using our website or engaging with our services, you agree to abide by the following rules of conduct:

Intellectual Property

ABM technologies and consultancy INC acknowledges and respects copyright laws and the intellectual property rights of others. In the event of copyright infringement, we reserve the right to terminate services and/or accounts.

We will not utilize copyrighted or trademarked materials on any client's website without explicit written consent from the respective copyright or trademark owner. It is the client's responsibility to ensure that all submitted content to us is original and free from third-party copyright or trademark protection. Alternatively, the client must obtain proper permission from the copyright or trademark owner to use their protected materials. The client bears full liability for any infringement of third-party copyright or trademark rights resulting from the use of protected materials on their website, including website content, design, or overall appearance.

Client-generated content remains the intellectual property of the client. We do not return original content unless a written request is made upon submission, and even then, there is no guarantee of content return. We will make reasonable efforts to fulfill requests for content return but bear no liability in case of non-return.

Domain names acquired by ABM Technologies and websites, products, databases, or programs we created are considered our property until the client has settled all fees.

Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information when you use our website or engage with our services. By using our website or services, you consent to collecting and using your information as described in our Privacy Policy.

Third-Party Websites and Services

Our website may contain links to third-party websites or services not owned or controlled by us. These links are provided for your convenience and informational purposes only. We are not responsible for these third-party websites' content, privacy policies, or practices. Your use of such websites or services is at your own risk, and you should review their terms and policies before using them.

Enhancements

In the event that the client engages in a Maintenance Agreement with us, the client acknowledges that if they intend to make modifications or enhancements to the Services or website, they will provide us with the opportunity to submit a bid or proposal for carrying out those modifications or enhancements. The client agrees to allow us the first option to present their bid or proposal before considering or seeking alternative bids or proposals from other parties.

Customer Service

At ABM Technologies & Consultancy INC, we are dedicated to providing exceptional customer service. If you have any complaints or concerns regarding our service, please feel free to email us at   connect@abmtechnologies.us. We value your feedback and will address your inquiries promptly.

Copyright Protection

We advise the client to take necessary steps to copyright and safeguard all final art to prevent unauthorized duplication or alteration. We do not assume responsibility for any copyrightable material owned by the client.

Use of Client Information and Marketing Permissions

The client acknowledges and agrees that any information or ideas shared with us, regardless of the means of submission, may be utilized by our team without the need for compensation or liability to the client. It's important to note that this provision does not extend to client-generated content or personal information, subject to ABM Technologies� Privacy Policy.

Additionally, the client grants us permission to showcase samples or provide links to the digital products and modules designed by our team for the client. This permission allows us to utilize these materials for marketing and advertising purposes, including their inclusion in our online portfolio.

Engagement of Resources

This section outlines the terms and conditions governing the engagement of resources provided by ABM Technologies and Consultancy for its various services. Clients seeking to utilize our services have the option to engage resources through either Full-Time Equivalent (FTE) or Project-Based Engagement models, each subject to specific terms as described below:

1. Full-Time Equivalent (FTE) Engagement:

Under the FTE engagement model, clients have the option to hire dedicated resources from ABM Technologies and Consultancy on a full-time basis. The following terms and conditions apply:

Resource Allocation:ABM Technologies and Consultancy will allocate dedicated resources based on the client's requirements, skills needed, and availability.

Billing and Payment:Clients engaging resources under the FTE model will be billed on a regular basis, in accordance with the agreed-upon billing cycle. Payment terms shall be outlined in the corresponding engagement agreement.

Term and Termination:The FTE engagement term will be specified in the engagement agreement. Either party reserves the right to terminate the engagement with prior notice, as detailed in the agreement.

Intellectual Property:Any work, deliverables, or intellectual property created by the engaged resources during the course of the engagement will be subject to the intellectual property provisions as outlined in the main Terms of Use.

Billing and Payment:Clients engaging resources under the FTE model will be billed on a regular basis, in accordance with the agreed-upon billing cycle. Payment terms shall be outlined in the corresponding engagement agreement.

2. Project-Based Engagement:

Clients can also choose to engage resources on a project-based model, where resources are dedicated to a specific project for its duration. The following terms and conditions apply:

Scope of Work: The scope of work for the project-based engagement will be defined in the corresponding project agreement. This will include project objectives, deliverables, timelines, and any specific requirements.

Billing and Payment: Clients engaging resources under the project-based model will be billed as per the project agreement. Payment terms will be specified therein.

Project Duration: The engagement duration will be defined in the project agreement. Any changes to the project timeline must be agreed upon by both parties in writing.

Intellectual Property: TOwnership of intellectual property resulting from the project-based engagement will be determined based on the intellectual property provisions outlined in the main Terms of Use.

3. General Terms:

Confidentiality:Both parties agree to maintain the confidentiality of any proprietary information exchanged during the engagement, in accordance with the confidentiality provisions detailed in the main Terms of Use.

Liability: Both parties acknowledge that liability limitations and indemnification clauses outlined in the main Terms of Use apply to engagements under both FTE and project-based models.

Governing Law: Any disputes arising from engagements of resources will be subject to the governing law and dispute resolution mechanisms as detailed in the main Terms of Use.
By engaging resources through ABM Technologies and Consultancy, clients acknowledge and accept the terms of either the Full-Time Equivalent (FTE) or Project-Based Engagement models, as applicable. These engagement models are integral parts of the overall services provided by ABM Technologies and Consultancy, and by proceeding with engagements, clients demonstrate their commitment to complying with these terms and conditions.

Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis, without any warranties or representations of any kind, whether express or implied. We make no warranties or guarantees regarding the accuracy, reliability, completeness, suitability, or timeliness of the information provided on our website or through our services.

We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. You acknowledge and agree that your use of our website and services is at your own risk.

Limitation of Liability

To the fullest extent permitted by law, in no event shall ABM Technologies & Consultancy INC or its directors, employees, or affiliates be liable to you or any third party for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or in connection with your use of our website or services, even if we have been advised of the possibility of such damages.
We shall not be responsible for any loss or damage to your computer system or data resulting from your use of our website or services. You agree that the limitations of liability outlined in these Terms are fair and reasonable.

Indenification

The client agrees to protect, indemnify, and hold ABM Technologies & Consultancy INC, its directors, officers, employees, and agents harmless from any claims and expenses, including attorneys' fees, that may arise from the content the client submits, posts, transmits, or makes available through our services. This includes claims arising from any products sold by the client, its agents, employees, or assigns, as well as from any services provided or agreed to be performed by us.
Additionally, the client agrees to indemnify us for any claims resulting from the client's violation of the Terms of Service or infringement upon the rights of others, whether such rights arise from statutes, common law, contracts, or other sources.
Furthermore, the client agrees to defend, indemnify, and hold harmless ABM Technologies & Consultancy INC, its directors, officers, employees, and agents from any claims and expenses, including attorneys' fees, arising from contracts, representations, agreements, promises, or similar actions made between the client and third parties. This also includes claims arising from the client's negligence towards third parties.

Changes to Terms of Service

We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically for any updates. By continuing to use our website or services after any modifications, you accept and agree to the updated Terms.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the USA. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Delaware, USA.