Terms of Service

Effective date: January 1, 2025 · Last reviewed: January 1, 2025

1. Acceptance of Terms

These Terms of Service form a binding agreement between you and DINKS MANAGEMENT, LLC, located at 954 S Bluff St, St George, UT 84770-5203, United States. By accessing www.dinksmanagement.hair, submitting an inquiry, or engaging our services, you accept these terms in full. If you are acting on behalf of an organization, you represent that you have authority to bind that organization, and the term client refers to that organization.

If you do not accept these terms, do not use this website or our services. Specific client engagements are additionally governed by a written statement of work; where a signed statement of work conflicts with these terms, the statement of work controls for that engagement.

2. Services Description

DINKS MANAGEMENT, LLC provides professional services in computer systems design and related fields: custom computer systems design, computer integrated systems design, systems integration, IT infrastructure consulting, enterprise software architecture, workflow automation, cloud migration, and technical advisory. The precise scope, deliverables, timeline, and fees for any engagement are defined in a written proposal or statement of work accepted by both parties before work begins.

Content on this website is provided for general information. It does not constitute professional advice for your specific situation, and reading it does not create a client relationship. A client relationship begins only when both parties have accepted a written scope of work.

We may decline or discontinue an inquiry at our discretion, including where the requested work falls outside our competence, conflicts with an existing engagement, or would violate law or professional standards.

3. Intellectual Property

Our website content

All content on this website — text, design, graphics, logos, and code — is the property of DINKS MANAGEMENT, LLC or its licensors and is protected by copyright and trademark law. You may view and share links to this content. You may not reproduce, redistribute, or create derivative works from it for commercial purposes without our prior written permission.

Client deliverables

Unless a statement of work says otherwise, deliverables created specifically for a client — specifications, designs, integrations, documentation, and custom code — are assigned to that client upon full payment. We retain ownership of our pre-existing tools, templates, methods, and know-how, and grant the client a perpetual, non-exclusive license to any such materials embedded in the deliverables.

Feedback

Suggestions you send us about the website itself may be used freely by us without obligation. Confidential information you share about your business is handled under the confidentiality section below and is never treated as general feedback.

4. Client Responsibilities

Successful engagements depend on the client as much as on us. Clients agree to:

• Provide timely, accurate, and complete information needed to perform the work.
• Make qualified personnel reasonably available for interviews, reviews, and decisions.
• Secure all licenses, permissions, and consents required for us to access client systems and data.
• Review deliverables and provide feedback within the review windows stated in the statement of work.
• Maintain their own backups of production data unless backup services are explicitly included in the agreed scope.
• Use deliverables only for lawful purposes and in compliance with the licenses of any third-party components involved.

Delays caused by unavailable information, access, or decisions on the client side extend project timelines correspondingly, and may adjust fees where a statement of work so provides.

5. Payment Terms

Fees are stated in each proposal or statement of work, typically as fixed fees per phase or as a monthly retainer. Unless otherwise agreed in writing:

• Invoices are issued at phase gates or monthly in advance for retainers.
• Payment is due within thirty days of the invoice date.
• Amounts unpaid after the due date may accrue interest at one and one half percent per month or the maximum rate permitted by law, whichever is lower.
• We may pause work after written notice if invoices remain unpaid fifteen days past their due date.
• Fees are exclusive of taxes; applicable taxes are the responsibility of the client, excluding taxes on our income.
• Reasonable, pre-approved expenses incurred for an engagement are billed at cost with documentation.

Deposits and phase fees for completed work are non-refundable, reflecting that professional time, once delivered, cannot be returned.

6. Confidentiality

In the course of an engagement, each party may receive non-public information of the other — technical documentation, business plans, credentials, pricing, and personal data. Each party agrees to use such information solely for the purposes of the engagement, to protect it with at least the care applied to its own confidential information, and to limit access to personnel and advisors bound by equivalent obligations.

These obligations do not apply to information that is publicly available through no breach, was already lawfully known to the receiving party, is independently developed without use of the disclosed information, or must be disclosed by law — in which case the receiving party will give prompt notice where legally permitted so the disclosing party may seek protection. Confidentiality obligations survive termination of any engagement for five years.

7. Warranties and Disclaimers

We warrant that services will be performed in a professional and workmanlike manner, consistent with generally accepted standards of the information technology consulting industry. If a deliverable fails to conform to its accepted specification and you notify us within ninety days of delivery, our obligation is to re-perform or repair the non-conforming work at no additional charge.

Beyond this express warranty, and to the maximum extent permitted by law, this website and our services are provided as is. We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any website content is error free, that any system will be uninterrupted, or that any particular business result — revenue, savings, or efficiency — will be achieved, because those outcomes depend on factors outside our control.

8. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or relating to these terms or any engagement, however caused and under any theory of liability, even if advised of the possibility of such damages.

Our aggregate liability arising out of or relating to any engagement will not exceed the total fees actually paid to us under that engagement in the twelve months preceding the event giving rise to the claim. For website use unrelated to a paid engagement, our aggregate liability will not exceed one hundred United States dollars. Nothing in this section limits liability that cannot lawfully be limited, including liability for gross negligence, willful misconduct, or fraud.

9. Indemnification

Each party agrees to indemnify, defend, and hold harmless the other from third-party claims, damages, and expenses — including reasonable attorney fees — arising from its own breach of these terms, its violation of applicable law, or its infringement or misappropriation of third-party intellectual property rights. The indemnified party must give prompt written notice of any claim, reasonable cooperation in the defense, and sole control of the defense and settlement to the indemnifying party, provided no settlement imposes liability or admission on the indemnified party without its consent.

Materials, data, or instructions supplied by the client remain the responsibility of the client; we are not liable for claims arising from following client-supplied specifications or using client-supplied content.

10. Termination

Either party may terminate an engagement for material breach if the breach is not cured within thirty days of written notice describing it. Either party may terminate an ongoing retainer for convenience with thirty days of written notice. Fixed-fee phases already underway are billed for work performed through the effective termination date plus reasonable wind-down costs.

Upon termination, we will deliver all completed and paid-for work product, return or destroy client confidential information on request, and cooperate in an orderly transition. Sections concerning intellectual property, confidentiality, warranties, liability, indemnification, and governing law survive termination.

11. Governing Law

These terms and any dispute arising from them or from our services are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts located in or serving Washington County, Utah, and waive any objection to venue in those courts. Before filing any claim, the parties agree to attempt good-faith resolution through direct discussion for at least thirty days.

If any provision of these terms is found unenforceable, the remainder continues in full force. Our failure to enforce a provision in one instance is not a waiver of the right to enforce it later. These terms, together with any accepted statement of work, form the entire agreement between the parties regarding their subject matter.

12. Contact

Questions about these terms may be directed to:

• Email — hello@dinksmanagement.hair
• Phone — +1 620-414-8546
• Post — DINKS MANAGEMENT, LLC, 954 S Bluff St, St George, UT 84770-5203, United States
• Web — https://www.dinksmanagement.hair

We may update these terms from time to time; the effective date above always reflects the current version, and material changes are announced on this site before they take effect.