1. Acceptance of These Terms
These terms of service govern your use of the website of Cousin Tytus llc and your engagement of our computer systems design and computer integrated systems design services. The company is headquartered at 40 W Tytus Dr, Murray, 84107-4820, Utah, United States (US). By accessing this website, submitting an enquiry, or entering into an agreement with us, you agree to these terms.
If you are accepting these terms on behalf of a company or other organisation, you confirm that you have the authority to bind that organisation, and that organisation agrees to be bound by these terms together with you. If you do not agree with any part of these terms, do not use this website and do not engage our services. We recommend that you read the whole document before you begin a project, because it sets out the rights and obligations of both sides.
2. About These Services
Cousin Tytus llc provides a full lifecycle of technology services, including enterprise architecture, cloud migration, systems integration, data engineering, security engineering, and managed operations. The services offered through this website are developed and operated by the developer CousinTytus on behalf of the company. The specific services you receive are described in the proposal, statement of work, or order form that applies to your engagement, together with any appendices that the parties sign.
Where a written agreement is in place, that agreement controls, and these general terms apply to anything that the agreement does not cover. Where no separate written agreement exists, these terms apply in full. We reserve the right to improve our internal methods, tools, and delivery standards as technology evolves, provided that any change does not reduce the quality of the services described in your agreement.
3. Eligibility and Authority
You must be at least eighteen years old to use this website or to engage our services. Where you act for a business, you must have the authority to represent that business and to bind it to these terms and to any agreement that results. We may verify your identity and your authority before we begin work, and we may decline to proceed where we cannot complete such verification to a reasonable standard.
We do not knowingly provide services to organisations that intend to use them for unlawful purposes, and we reserve the right to refuse an engagement for any lawful reason. Nothing in these terms obliges us to accept a client, and we may stop work where continuing would require us to act unlawfully or where the requested work would put a third party at risk.
4. Accounts and Registration
Some of our services involve the creation of an account, a portal login, or an access credential. You agree to provide accurate, complete, and current information when you register, and to keep that information up to date throughout the relationship. You are responsible for safeguarding any passwords and access keys issued to you, and for all activity that occurs under your credentials.
If you suspect that your credentials have been compromised, you must notify us immediately at enquiry@cousintytus.buzz, and you should change the affected passwords without delay. We are not liable for losses caused by unauthorised use of your credentials where you have failed to protect them. We will never ask you to disclose a password by email, and we treat any such request as a fraud attempt.
5. Quotations and Proposals
Quotations and proposals we issue are valid for the period stated on the document, and they expire if not accepted within that period. A proposal describes our understanding of your requirements and the scope of work we intend to perform. Because requirements change quickly in technology work, a proposal is an invitation to negotiate rather than a binding commitment by itself.
The engagement begins when you accept the proposal in writing and, where required, make the agreed initial payment. Work performed before acceptance, such as a free discovery call or a short technical assessment, is provided as a courtesy and creates no obligation on either side. If our proposal expires before you accept it, we are happy to refresh it, and the refreshed document may differ if your requirements or the market have changed.
6. Fees, Payment, and Taxes
Fees are stated in the proposal or agreement and are payable according to the schedule agreed in writing. We may invoice monthly for recurring services and at milestones for project work. Payment is due within the period stated on the invoice, which is typically thirty days from the date of issue. We do not accept payment in cash, and we do not request payment through unlisted or unofficial channels.
Fees do not include taxes unless stated, and you are responsible for any applicable sales, use, or similar taxes, except taxes based on our own income. If a payment is late, we may pause work after giving written notice, and we may charge interest at the rate permitted by law. Partial payment does not release you from your obligations, and we apply receipts first to the oldest outstanding invoice.
7. Client Responsibilities
Successful projects depend on timely decisions and complete information from the client. You agree to provide accurate requirements, access to the systems and people we need, and prompt review of the work we deliver. You agree to nominate a decision maker who can approve scope, schedule, and cost changes in a reasonable time, and to keep that nomination current.
Delays caused by missing information, unanswered review requests, or unavailable staff may adjust the schedule and, where we have agreed time-based pricing, the fees. We will always tell you when a delay is occurring and what we need to resolve it, rather than letting a problem surface at the end of the project. You agree to cooperate in good faith, because integration is a partnership and not a transaction.
8. Access to Systems and Data
To perform integration and operations work, we require access to certain systems, environments, and data. You grant us the limited access needed to complete the work, and you confirm that you have the right to provide that access. Access is scoped to the minimum necessary, it is used only for the services we deliver, and it is revoked when the work is complete unless a managed services agreement provides otherwise.
We handle your data under the confidentiality and security commitments in these terms and in our privacy policy. Where credentials must be shared, we store them securely and we rotate them on a schedule. We never use your systems for any purpose other than the services we deliver to you, and we never copy your data beyond what the work requires. You may request a list of the systems we access at any time.
9. Delivery and Acceptance
We deliver work in increments wherever possible, so that progress is visible and risk stays low. Each increment is delivered with release notes and, where relevant, acceptance criteria. You agree to review each increment within the review period stated in the agreement, which is typically five business days. If you do not raise concerns within that period, the increment is deemed accepted.
Acceptance of an increment does not reduce the warranty obligations described in these terms, and it does not waive defects that we knew about and failed to disclose. Where a delivered increment does not meet the agreed acceptance criteria, we will correct it within a reasonable time at no additional charge. Final acceptance of the whole project occurs when the final increment is accepted and all agreed deliverables are handed over.
10. Change Requests
Work outside the agreed scope is handled through a change request. A change request describes the new work, the impact on the schedule, and the effect on fees. We will not begin material out-of-scope work without your written approval of the change request, and you will not be charged for work you did not approve.
Small adjustments that do not affect the schedule or the cost may be handled informally, but they are still recorded in the project log so that the record stays complete. Unapproved changes are not billable, and we apply the same discipline in reverse: work that you ask us to stop and later restart may incur a reasonable recovery effort, which we will always discuss and agree before charging.
11. Intellectual Property Rights
As between you and us, the intellectual property in the deliverables we create specifically for your engagement transfers to you upon full payment of the applicable fees, subject to any third-party licences. The intellectual property in our pre-existing tools, frameworks, methodologies, and internal software remains ours, and we grant you a perpetual, non-exclusive licence to use any of our material that is embedded in your deliverables for your own internal operations.
You retain all rights in your own data and in the systems that you own. We do not claim ownership of your content, and we do not use your deliverables to build competing products for your direct competitors without your consent. If a deliverable includes open-source components, the licences of those components govern their use, and we will identify those components in the delivery documentation.
12. Confidential Information
Each party may receive confidential information from the other during the course of an engagement. Confidential information means non-public technical, commercial, and financial material, whether written, verbal, or electronic, and whether marked as confidential or not where a reasonable person would treat it as such.
The receiving party agrees to use confidential information only to perform the services, to protect it with the same care used for its own confidential information, and to disclose it only to people with a genuine need to know. These obligations continue for the term of the agreement and for five years after its end, and they do not apply to information that is public, independently developed, or received lawfully from another source. We respect your confidentiality, and we expect the same in return.
13. Third-Party Services and Systems
Integration work frequently involves third-party platforms, software, and services. We select and configure these carefully, but we do not control them, and we make no warranty about them beyond what their own licences provide. You agree that third-party terms apply to their products, and you will comply with those terms.
Where a third party changes its product or discontinues a feature, we will use reasonable efforts to adapt, and the resulting work may be subject to a change request. We will tell you the identity of significant third-party components we use and the terms that apply to them, and we will keep that list up to date during the project. We never recommend a product that we would not use ourselves.
14. Acceptable Use
You agree not to use this website or our services in any way that is unlawful, harmful, or deceptive. You may not attempt to breach the security of our systems, send unsolicited bulk communications, interfere with the operation of the website, or use the services to infringe the rights of others. You may not resell, redistribute, or sublicense our services without written permission.
You may not use the services to store or process content that violates applicable law or that would expose either party to liability. We may suspend access where we reasonably believe a breach of this clause is occurring, and we will investigate and report where the law requires it. A breach of this clause is a material breach of these terms and may result in termination under section 18.
15. Warranties and Disclaimers
We warrant that the services will be performed in a professional and workmanlike manner consistent with industry standards, and that our deliverables will conform to the agreed specification for a period of ninety days from delivery. During the warranty period we will correct, at no additional charge, any defect that we can reproduce.
To the maximum extent permitted by law, all other warranties, whether express or implied, are disclaimed, including any implied warranty of merchantability or fitness for a particular purpose. The website and its content are provided as is and as available. We do not warrant that the website will be uninterrupted or error free, and we do not warrant any specific outcome from your use of the services. This clause does not exclude warranties that cannot be excluded by law.
16. 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, or loss of data, even if that party was advised of the possibility of those damages. This limitation applies to all causes of action, whether in contract, tort, or otherwise.
The total liability of either party under an agreement, for any cause, will not exceed the fees paid to us under that agreement in the twelve months before the claim arose. The cap does not apply to liability for breach of confidentiality, infringement of the intellectual property of the other party, or intentional misconduct. Some jurisdictions do not allow certain limitations of liability, so parts of this clause may not apply to you.
17. Indemnification
You agree to indemnify and hold harmless Cousin Tytus llc, its employees, and its contractors from claims, damages, and reasonable legal costs that arise from your breach of these terms, your misuse of the services, or your content and data. This includes claims from third parties whose rights are affected by the way you use the services.
We will notify you promptly of a claim, allow you to control the defence where it is practicable to do so, and cooperate with you in the defence at your expense. This clause survives the end of the agreement. It does not apply to claims that arise solely from our own negligence or misconduct, and it does not give us any right to settle a claim on terms that bind you without your agreement.
18. Term and Termination
Project agreements end on completion and acceptance of the deliverables. Managed services agreements continue for the term stated and then renew monthly unless either party gives written notice at least thirty days before renewal. Either party may terminate an agreement for material breach if the breach is not cured within thirty days of written notice.
Either party may terminate immediately if the other becomes insolvent, enters administration or bankruptcy, or is otherwise unable to pay its debts as they fall due. Upon termination, you must pay for work completed and committed to, and we will hand over the deliverables and our work product in a usable form. We will cooperate with a reasonable transition to another provider, and any transition costs are set out in advance.
19. Suspension of Services
We may suspend services, in whole or in part, where payment is overdue, where you breach these terms and the breach is not cured, where continued service would risk the security or reliability of our systems, or where we are required to do so by law. Where practical, we will give at least seven days written notice before suspension for payment reasons.
We will restore services promptly once the cause of the suspension is resolved. Suspension does not waive our right to fees for the period of suspension, and it does not terminate the agreement. We will make reasonable efforts to preserve your data during a suspension and to arrange an orderly handover if the suspension leads to termination.
20. Force Majeure
Neither party will be liable for failure to perform an obligation if the failure is caused by events beyond its reasonable control, including natural disasters, war, terrorism, epidemics, government action, power failure, or failure of public networks. The affected party will notify the other as soon as practical and will use reasonable efforts to resume performance.
If the event continues for more than thirty days, either party may terminate the affected agreement on written notice, and fees will be adjusted to reflect the work completed before the event. This clause does not excuse payment for services already delivered, and it does not apply to obligations that could reasonably have been fulfilled despite the event.
21. Changes to These Terms
We may update these terms from time to time to reflect changes in our services, technology, or the law. We will post the revised terms on this page and update the last revised date at the top. Where a change affects an ongoing engagement materially, we will notify you in writing, and the change will take effect at the start of the next billing period or as otherwise agreed.
Continued use of the website or the services after the revised terms are posted constitutes acceptance of the changes. You may request a copy of any earlier version by contacting enquiry@cousintytus.buzz, and we will provide it to you. We do not make changes lightly, and we give notice wherever a change could affect your rights or your costs.
22. Governing Law and Dispute Resolution
These terms are governed by the laws of the state of Utah and the laws of the United States, without regard to conflict of law principles. The parties will attempt to resolve any dispute through good-faith negotiation for thirty days before taking any formal action, and each party will nominate a representative for that negotiation.
If negotiation fails, the dispute will be resolved exclusively in the state or federal courts located in Salt Lake County, Utah, and each party consents to the jurisdiction of those courts. Nothing in this clause prevents either party from seeking injunctive relief to protect its intellectual property or confidential information, or to stop a breach that would cause immediate harm.
23. Entire Agreement
These terms, together with the applicable proposal, statement of work, or order form, constitute the entire agreement between the parties and supersede all prior discussions, proposals, and understandings, whether written or oral. We are not bound by any additional or conflicting terms in your purchase orders or other documents unless we agree to them in writing.
Each party acknowledges that it is not relying on any representation that is not set out in the agreement, and neither party has any remedy for an innocent misrepresentation that is not contained in the agreement. This clause survives the end of the agreement and applies to any successor agreement between the parties.
24. Severability and Waiver
If any provision of these terms is held to be invalid or unenforceable, the provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. The parties intend every provision to be valid and enforceable to the maximum extent permitted by law.
A failure by either party to enforce a provision is not a waiver of that provision and does not prevent later enforcement of the same or any other provision. No waiver is effective unless it is in writing and signed by the party granting it, and a waiver of one breach does not waive any other breach.
25. Notices
Notices under these terms must be in writing. You may send notices to Cousin Tytus llc at 40 W Tytus Dr, Murray - 84107-4820, United States (US), or by email to enquiry@cousintytus.buzz. We may send notices to you by email at the address on file or by posting them on this website.
Notices are deemed received at the time of delivery if delivered in person, or on the next business day after an email is sent to a valid address. It is your responsibility to keep your contact details current, and we rely on the details you give us. A notice sent to the last address or email we hold is deemed valid.
26. Contact Information
If you have questions about these terms, please contact us. Our contact address is Cousin Tytus llc, 40 W Tytus Dr, Murray - 84107-4820, United States (US). Our email address is enquiry@cousintytus.buzz, and our phone number is +13527688455.
We welcome questions before you sign, and we are happy to explain any clause in plain language. We will respond to enquiries within two business days, and we will always tell you who at our end is handling your matter. Nothing in these terms prevents you from seeking independent legal advice before you agree.