1. Introduction and Acceptance
Welcome to EMoneyMO. These Terms of Service govern your access to and use of the website located at https://www.emoneymo.mom and the related services described on it. The website and the services are provided by EMoneyMO, the developer of the services, an enterprise of EMONEYMISSOURI, LLC, a company registered in the United States with its registered office at 8700 State Line Rd Ste 350, Leawood - 66206-1570, United States (US).
By accessing this website, submitting a message through our contact form, or engaging us to provide services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree with any part of these terms, you should not use the website or our services.
These terms form the basis of the relationship between you and EMoneyMO. They apply to every visitor of the website, to every person who contacts us, and to every client who engages us. In these terms, the words we, us, and our refer to EMoneyMO and EMONEYMISSOURI, LLC, and the words you and your refer to the visitor, user, or client, depending on the context.
2. Eligibility
You must be at least eighteen years old to use our website and to enter into an agreement with us. By using the website, you confirm that you are at least eighteen years old and that you have the legal capacity to accept these terms.
If you are using the website or our services on behalf of a company, partnership, or other organization, you confirm that you have authority to bind that organization to these terms. The organization and the individual who accepts these terms will be jointly responsible for compliance with them.
We may refuse to provide services to any person or organization where we reasonably believe that doing so would violate the law, create a conflict of interest, or expose us or our clients to unreasonable risk. We are not required to give a reason for declining an engagement, although we will normally do so where it is practical and lawful.
3. Description of Services
EMoneyMO provides professional computer systems design and computer integrated systems design services. The scope of our work includes the planning, architecture, engineering, integration, security, and operation of computer systems for financial institutions, payment providers, and data driven businesses.
Our services are described in general terms on this website. The specific services to be provided in any engagement are defined in a written statement of work or agreement between us and the client. In the event of any conflict between these Terms of Service and a signed statement of work, the signed document governs the specific engagement to the extent of the conflict.
We provide professional services, which means that we deliver work products, advice, and engineering effort rather than selling software licenses or consumer products. The deliverables for each project are set out in the statement of work and may include architecture documents, code, configuration, documentation, and operational services.
4. Use of the Services
You may use the website and our services only for lawful purposes and in accordance with these terms. You agree not to misuse the website or attempt to gain unauthorized access to any part of it, its servers, or the systems connected to it.
When you use our contact form or communicate with us, you agree to provide accurate and truthful information. You may not use our contact channels to send unsolicited commercial messages, to make threats, to impersonate another person, or to transmit harmful code or content.
We grant you a limited, non exclusive, revocable permission to view this website for the purpose of learning about our services and contacting us. You may not copy, reproduce, distribute, or create derivative works from the content of this website except as necessary for your own personal and non commercial reference.
You agree not to use automated tools, such as scrapers or bots, to harvest content from this website without our prior written permission.
5. Fees and Payment Terms
The fees for our services are quoted on a project basis or a time and materials basis, as agreed in the statement of work. No work begins until the parties have agreed on the scope, the fee, and the payment schedule.
Unless the statement of work says otherwise, we invoice for work in stages and payment is due within thirty days of the invoice date. Time and materials work is billed on the basis of documented hours plus approved expenses. Expenses such as third party software, cloud usage, and travel are passed through at cost when they are approved in advance.
If a payment is overdue, we may suspend work until the outstanding amount is settled. We may charge interest on overdue amounts at the rate allowed by law. If a project is cancelled before completion, you will pay for the work delivered up to the date of cancellation, and any unused prepaid balances will be returned within a reasonable period.
All fees are stated in United States dollars unless the parties agree otherwise in writing.
6. Client Responsibilities
Successful delivery depends on a working partnership. As a client, you agree to provide us with accurate information, timely decisions, and reasonable access to the people and systems we need to do our work.
- Requirements: you will describe your goals and constraints clearly and confirm the requirements we document on your behalf.
- Access: you will provide access to relevant systems, data, and personnel within the timescales agreed in the project plan.
- Decisions: you will review deliverables and make decisions within the agreed review periods so that the project keeps its schedule.
- Environment: you are responsible for the accuracy of the information and data you provide, and for complying with all laws that apply to your business.
- Approvals: you will obtain any permissions required from third parties whose systems or data we need to work with.
If we do not receive the information, access, or decisions needed to proceed, we will tell you and may adjust the timeline and scope accordingly. Delays caused by missing client inputs are not the responsibility of EMoneyMO.
7. Intellectual Property Rights
We take care to define who owns the work products of each engagement before the work begins.
Client Materials
All data, documents, and systems that you provide to us remain your property. We use them only for the purpose of the engagement and return them, or delete them, at the end of the project as agreed.
Deliverables
Unless a statement of work says otherwise, upon full payment of the agreed fees, we assign to you the ownership of the custom deliverables created specifically for your project, such as the source code, configuration, and documents produced for you. This assignment does not include our pre existing methods, frameworks, and tools, which remain our property.
Our Materials
Our website content, our brand, our methodology documents, and our internal tools are protected by copyright and other laws. You may not use our brand or materials without our written permission. We may continue to use the general knowledge and skills we develop during any project for the benefit of other clients, provided that we do not disclose your confidential information.
8. Third Party Products and Services
Our work frequently involves the use of software and services provided by third parties, such as cloud platforms, databases, and security tools. We recommend products that suit your requirements, but we are not the provider or licensor of those products.
Third party products are subject to their own license agreements and terms of service, which you must accept where required. We will help you understand those terms and will flag any provisions that deserve your attention, but we are not responsible for the performance, availability, or support of third party products.
You acknowledge that cloud platforms and other external services may have outages, may change their pricing, and may discontinue features. We design with redundancy where it is cost effective, but no service can guarantee uninterrupted availability, and we do not warrant that any third party service will operate without fault.
9. Confidentiality
During the course of an engagement, we may have access to confidential information, including business plans, customer data, financial details, source code, and internal processes. We will protect that information with the same care we use for our own confidential information, and we will use it only for the purpose of the engagement.
We will not disclose your confidential information to any third party without your permission, except where disclosure is required by law, to our professional advisors, or to service providers who need it to perform the engagement and who agree to keep it confidential.
Confidentiality obligations continue after the engagement ends. We are happy to sign a separate non disclosure agreement where a client requests one, and we routinely do so before any detailed technical discussion.
10. Data Handling and Security
We handle the data we process on your behalf in accordance with our Privacy Policy and with the specific instructions in the statement of work. We apply reasonable technical and organizational measures to protect that data against unauthorized access, loss, and alteration.
If our work involves processing personal information, you are the controller of that data where applicable law makes that designation, and we act as a processor or service provider under your direction. We will assist you in meeting your obligations under data protection law, including responding to requests from data subjects and notifying you of breaches that affect your data.
At the end of an engagement, we will return or securely destroy the data you provided, at your choice, except for copies we are required by law to keep. We will also delete our working copies within a reasonable period after the project concludes.
11. Warranty Disclaimers
We perform our professional services with reasonable skill and care, consistent with the standards of the computer systems design industry. Subject to that commitment, our services and the website are provided on an as is and as available basis.
To the maximum extent permitted by law, we make no other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non infringement, and any warranties that the website will be uninterrupted, error free, or free of harmful components.
We do not warrant that any system we design will be immune to all cyber attacks, hardware failures, or human errors. We design for resilience, but the security of any system also depends on how it is operated and maintained after we finish our work.
12. Limitation of Liability
To the maximum extent permitted by law, EMoneyMO, its members, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption, arising out of or relating to these terms, the website, or our services.
Our total liability to you for all claims arising from an engagement will not exceed the fees we actually received from you for the specific engagement that gave rise to the claim. This limit applies whether the claim is based on contract, tort, negligence, or any other legal theory.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If such a law applies to you, some of the exclusions and limitations in this section may not apply, and you may have additional rights.
13. Indemnification
You agree to defend, indemnify, and hold harmless EMoneyMO, its members, employees, and contractors from any claim, damage, liability, or expense, including reasonable legal fees, that arises out of or relates to your use of the website, your violation of these terms, or your breach of any law or of any third party right.
This indemnification includes claims arising from information or data you provide to us, from your operation of systems we deliver, and from decisions you make after our work is complete. We will give you prompt notice of any claim, allow you to control the defense, and cooperate with you in resolving it.
Nothing in this section obligates you to indemnify us for claims that result from our own negligence or willful misconduct.
14. Term and Termination
These terms apply from the date you first access the website and continue until either party ends the applicable engagement. Engagements end when the statement of work is completed, when either party cancels under the terms of the agreement, or when the relationship is otherwise terminated by mutual agreement.
We may suspend or terminate the website or your access to it at any time for security reasons, for maintenance, or if you violate these terms. We will give you reasonable notice where it is practical to do so.
Upon termination, you remain responsible for paying for all work delivered up to the termination date. The sections of these terms that are intended to survive termination will continue to apply, including the sections on confidentiality, intellectual property, limitation of liability, indemnification, governing law, and general provisions.
15. Governing Law and Dispute Resolution
These Terms of Service are governed by the laws of the State of Missouri, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these terms or our services will be resolved in the state or federal courts located in Missouri, and you consent to the jurisdiction of those courts.
Before filing any legal action, the parties agree to attempt in good faith to resolve the dispute through negotiation. If negotiation fails, the parties may pursue mediation before a mutually agreed mediator, with the costs of mediation shared equally unless the parties agree otherwise.
Nothing in this section prevents either party from seeking urgent injunctive relief from a court to protect its rights, nor does it prevent us from enforcing our rights in any jurisdiction where your assets are located.
16. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our services, in the law, or in our business practices. When we make a material change, we will update the Effective Date at the top of this page and may post a notice on the website.
You are responsible for reviewing these terms periodically so that you remain aware of the current version. Your continued use of the website or our services after a revised version is published means that you accept the revised terms.
For signed engagements, the terms in the signed agreement will continue to govern that engagement unless both parties agree in writing to adopt a revised version of these terms.
17. General Provisions
These Terms of Service, together with our Privacy Policy and any signed statement of work, constitute the entire agreement between you and EMoneyMO regarding the website and the services. They replace any prior discussions, proposals, or agreements that are not reflected in writing.
If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
Our failure to enforce any provision of these terms is not a waiver of that provision. A waiver of any provision is effective only if it is in writing and signed by the party granting it.
You may not assign these terms or any rights under them without our prior written consent. We may assign these terms in connection with a merger, acquisition, or sale of substantially all of our assets.
Nothing in these terms creates a joint venture, partnership, employment, or agency relationship between you and EMoneyMO. Each party is an independent contractor with respect to the other.