Terms of Service

1. Agreement to Terms

By accessing or using the services of DPM Enterprise LLC ("Company," "we," "us"), you agree to be bound by these Terms of Service. If you do not agree, do not use our services.

2. Services

We provide custom software development, web application development, website design, business automation, API development, managed hosting and operations, and related technology services. Fixed-scope projects are governed by individual Service Agreements entered into between Company and Client. Managed hosting and operations plans are governed by Section 9 below.

3. Intellectual Property

Until the Client has paid in full for a project, the work product, source code, designs and deliverables we create for it belong to DPM Enterprise LLC. Once full payment is received, the Client owns them, as set out in the individual Service Agreement. We keep our general-purpose tools and know-how, and the Client receives a permanent, royalty-free license to use any of them that are built into its work. If the Client asks us to, we hold and store the Client's source code and files on its behalf. Holding them gives us no ownership, and we hand over a complete copy promptly whenever the Client asks.

Pre-existing code, open-source libraries, and third-party tools used in projects remain under their respective licenses and are not transferred.

4. Payment

Payment terms are specified in individual Service Agreements and invoices. Unless otherwise agreed, a 50% deposit is required before work begins and the remaining balance is due upon project completion. Late payments are subject to a 1.5% monthly late fee.

5. Client Responsibilities

Clients are responsible for providing accurate content, timely feedback, necessary access credentials, and any materials required for their project. Delays caused by the Client may extend project timelines.

6. Limitation of Liability

DPM Enterprise LLC's total liability for any claim arising from our services is limited to the total amount paid by the Client for the specific project in question. We are not liable for indirect, incidental, consequential, or special damages including lost profits, data loss, or business interruption.

7. Warranty

We provide a 30-day warranty period after final delivery to address bugs or defects in our work at no additional charge. This warranty does not cover issues caused by Client modifications, third-party services, or hosting environments outside our control.

8. Termination

Either party may terminate a project with 14 days written notice. Upon termination, Client is responsible for payment of all work completed. Deposits are non-refundable. No deliverables transfer without full payment.

9. Managed Hosting & Operations Plans

Managed hosting and operations plans are billed monthly in advance and continue month to month until cancelled. Either party may cancel with 30 days written notice; fees for the current billing period are not refunded. On cancellation we will provide a copy of the Client's application code, database and files in a standard format on request, and the Client is responsible for moving the service to a new host before the plan ends.

Uptime figures published for these plans are targets we design and monitor for, not guarantees. We do not offer service credits for downtime. Plan hours for ongoing development do not roll over between months, and work beyond the plan's hours is quoted separately. Third-party services used by the Client's application (domain registrars, payment processors, email providers, APIs) are subject to those providers' terms, and we are not responsible for their outages or changes.

We may suspend a hosted service, after notice where practical, if an invoice is more than 30 days past due or if the service is being used in a way that is unlawful or that threatens the security of our systems or other clients.

10. Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict of law principles. DPM Enterprise LLC is an Illinois limited liability company based in Quincy, Illinois.

11. Contact

For questions about these Terms, contact us at contact@dpmenterprise.com.