Terms of Service

1. Acceptance of Terms

By engaging Primary IT Care, LLC ("PITC," "we," "us," or "our") for any services, or by visiting our website at primaryitcare.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services or Site.

2. Services

PITC provides IT services including web application development, mobile application development, UI/UX design, and staff augmentation. The specific scope, timeline, and deliverables for each engagement are defined in a separate Statement of Work ("SOW") or service agreement executed between PITC and the client.

PITC reserves the right to modify or discontinue any service offering at any time. Changes to an active engagement require mutual written agreement.

3. Fees and Payment

Fees for services are set forth in the applicable SOW or agreement. Unless otherwise specified:

• Invoices are issued according to the schedule defined in the SOW
• Payment is due within 15 days of invoice date
• Late payments may be subject to interest at 1.5% per month or the maximum rate permitted by law
• PITC reserves the right to suspend services for accounts overdue by more than 30 days

4. Intellectual Property

Upon receipt of full payment, PITC assigns to the client all rights, title, and interest in the custom work product developed specifically for that client under the applicable SOW.

PITC retains ownership of all pre-existing tools, frameworks, libraries, templates, and general-purpose code developed independently of any client engagement. Any open-source components incorporated into deliverables remain subject to their respective licenses.

The client grants PITC a limited license to use the client's materials (content, branding, data) solely as necessary to perform the contracted services.

5. Client Responsibilities

The client agrees to:

• Provide timely access to materials, systems, and personnel needed for PITC to perform services
• Review and approve deliverables within the timeframes specified in the SOW
• Ensure all content and materials provided are lawfully owned or licensed
• Not request services that violate any applicable laws or third-party rights

6. Confidentiality

Both parties agree to keep confidential all non-public information disclosed during the engagement. For staff augmentation engagements, additional confidentiality obligations are set forth in the Confidentiality & NDA agreement.

7. Warranties and Disclaimer

PITC warrants that services will be performed in a professional and workmanlike manner consistent with industry standards.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, PITC PROVIDES ALL SERVICES "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. PITC DOES NOT WARRANT THAT SERVICES WILL BE ERROR-FREE OR THAT ALL DEFECTS WILL BE CORRECTED.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PITC'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ENGAGEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO PITC IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL PITC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Termination

Either party may terminate an engagement upon 30 days' written notice. Upon termination, the client shall pay for all services rendered up to the effective termination date. PITC shall deliver all completed work product to the client upon receipt of payment.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, USA, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of New Jersey, USA.

11. Changes to These Terms

PITC reserves the right to update these Terms at any time. We will notify active clients of material changes. Continued use of our services after such changes constitutes acceptance of the updated Terms.

12. Contact

Questions about these Terms should be directed to: