Terms of Service

1. Acceptance of Terms

Welcome to AGM Network. By accessing or using our website, services, products, or consulting offerings...

AGM Network reserves the right to modify these Terms at any time. Your continued use...

2. Services Description

AGM Network provides enterprise technology consulting and implementation services, including but not limited to:

• Enterprise Resource Planning (ERP) systems
• Customer Relationship Management (CRM) solutions
• Human Capital Management (HCM) systems
• Business Intelligence and Analytics platforms
• Cloud infrastructure and migration services
• Artificial Intelligence and Machine Learning solutions
• Process automation and workflow optimization
• Custom software development and integration
• IT consulting and professional services

3. User Obligations

3.1 Acceptable Use

You agree to use our Services only for lawful purposes and in...

• Use the Services in any way that violates any applicable federal, state, local, or international law or regulation
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• Impersonate or attempt to impersonate AGM Network, an AGM Network employee, another user, or any other person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• Use any automated system to access the Services in a manner that sends more requests than a human can reasonably produce

3.2 Account Security

If you create an account with AGM Network, you are responsible for maintaining the security...

4. Intellectual Property Rights

4.1 AGM Network Content

The Services and their entire contents, features, and functionality (including but not...

4.2 Client Data

Any data, information, or materials you provide to AGM Network in connection with our Services ("Client Data") remains your property. AGM Network will use Client Data only as necessary to provide the Services and will not disclose Client Data to third parties except as required by law or as authorized by you.

4.3 Work Product

Unless otherwise specified in a separate written agreement, any deliverables, configurations, customizations, or other work product created by AGM Network specifically for you in connection with our Services will be your property upon full payment for such Services.

5. Service Level and Warranties

5.1 Professional Services

AGM Network will perform all consulting and implementation services in a professional and workmanlike manner consistent with industry standards. Specific service level agreements may be detailed in separate statements of work or service agreements.

5.2 Disclaimer of Warranties

Except as expressly provided in these Terms or in a separate written agreement, the Services are provided on an "AS IS" and "AS AVAILABLE" basis. AGM Network makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the Services.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AGM NETWORK, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

In no event will AGM Network's total liability to you for all damages, losses, or causes of action exceed the amount you have paid to AGM Network in the twelve (12) months preceding the claim.

7. Payment Terms

Unless otherwise specified in a separate agreement:

• Payment terms are Net 30 days from invoice date
• Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less
• AGM Network reserves the right to suspend Services for accounts with past-due balances
• All fees are non-refundable unless otherwise specified in writing

8. Confidentiality

AGM Network acknowledges that in the course of providing Services, we may have access to confidential information belonging to you. We agree to maintain the confidentiality of such information and to use it only for the purpose of providing the Services. This obligation survives the termination of these Terms.

AGM Network may use de-identified, aggregated data derived from the Services for our own business purposes, including improving our Services and creating benchmarks or industry reports.

9. Term and Termination

9.1 Term

These Terms remain in effect while you use the Services. Specific project engagements may have separate terms defined in statements of work.

9.2 Termination

Either party may terminate a project engagement with 30 days' written notice. AGM Network may suspend or terminate your access to the Services immediately if you breach these Terms.

9.3 Effect of Termination

Upon termination, you must immediately cease all use of the Services. AGM Network will provide you with copies of your Client Data in a commonly used format. Sections of these Terms that by their nature should survive termination shall survive, including confidentiality obligations, intellectual property provisions, and limitation of liability.

10. Indemnification

You agree to defend, indemnify, and hold harmless AGM Network and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services will first be subject to good faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue arbitration or litigation.

11.3 Arbitration

Any dispute not resolved through negotiation may be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will take place in San Diego, California.

12. Third-Party Services and Links

The Services may contain links to third-party websites or services that are not owned or controlled by AGM Network. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

AGM Network may implement or integrate third-party software, platforms, or services as part of our Solutions. Your use of such third-party services may be subject to separate terms and conditions imposed by those third parties.

13. Compliance and Regulations

AGM Network and our clients each agree to comply with all applicable laws and regulations in connection with the Services, including but not limited to:

• Data protection and privacy laws (including GDPR, CCPA, and other applicable regulations)
• Export control and sanctions laws
• Anti-bribery and anti-corruption laws
• Industry-specific regulations applicable to your business

14. Force Majeure

AGM Network shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any separate written agreements for specific Services, constitute the entire agreement between you and AGM Network regarding the Services.

15.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without AGM Network's prior written consent. AGM Network may assign these Terms without restriction.