Terms of Service

Draft Status

Updated September 14, 2026. These revised terms are a draft and do not take effect until InfraCharm publishes them after review.

Agreement to These Terms

These Terms of Service apply when you visit infracharm.com, request or purchase services from InfraCharm, or use infrastructure or hosting services supplied under the InfraCharm name. By using a service, you agree to these terms and any proposal, statement of work, order form, invoice, or other written agreement that applies to that service. If those documents conflict, the signed agreement or statement of work controls for that engagement.

Automated and Unsolicited Submissions

InfraCharm's contact forms and other communication mechanisms are intended for legitimate, individually initiated communications. Automated, scripted, bot-generated, bulk, or unsolicited commercial submissions are prohibited unless InfraCharm has provided prior written authorization.

By submitting a contact form, the submitting party acknowledges and agrees to these Terms, including this Automated and Unsolicited Submission Policy.

For purposes of this section, “Responsible Party” means, to the extent permitted by applicable law:

  1. the individual or entity that directly creates, initiates, transmits, or causes the submission to be transmitted;
  2. the individual or entity that owns, operates, controls, or provides the system, service, infrastructure, software, account, or agent used to make the submission, where that party authorized, directed, or knowingly facilitated the submission; and
  3. the individual or entity on whose behalf the submission is made, or whose products, services, business, website, or commercial interests are promoted or intended to benefit from the submission.

A prohibited submission may result in a $50.00 administrative charge per submission. The Responsible Party agrees that this amount represents liquidated damages reflecting a reasonable estimate of the administrative costs associated with reviewing, identifying, investigating, processing, filtering, documenting, and mitigating prohibited submissions, where the precise damages from an individual submission would otherwise be difficult to determine.

The $50.00 amount is intended as compensation for such costs and not as a penalty.

Where a submission involves more than one Responsible Party, InfraCharm reserves the right, to the extent permitted by applicable law, to seek the applicable amount from any party legally responsible for the submission. The existence of multiple Responsible Parties does not multiply the $50.00 charge for a single submission unless separate prohibited submissions were made.

InfraCharm reserves all other rights and remedies available under applicable law.

Service Model and Scope

InfraCharm provides project-led infrastructure design, assessment, implementation, modernization, migration, rescue, hosting, automation, and standardization services. Optional recurring services may include backup assurance, security baseline assurance, monitoring, reporting, and scheduled infrastructure reviews.

  • Project scope, deliverables, assumptions, exclusions, schedule, and pricing are defined in the applicable written agreement.
  • Unless expressly included in writing, InfraCharm does not provide an end-user help desk, employee device support, routine user administration, or unlimited ongoing support.
  • Recurring backup, security, monitoring, or review services apply only when purchased and remain limited to the coverage stated in the applicable order.
  • Work outside the agreed scope requires written approval and may result in a revised schedule, change order, or additional charges.

Estimates, Scheduling, and Changes

Quotes and schedules are based on the information available when they are prepared. Hidden conditions, inaccurate inventories, unsupported systems, third-party delays, access restrictions, or changes requested by the client may affect cost and timing. InfraCharm will communicate material changes and obtain approval before performing billable work outside the agreed scope, except when immediate action is reasonably necessary to prevent harm and the client has authorized emergency action.

Client Responsibilities

  • Provide accurate information, timely decisions, suitable access, and an authorized point of contact.
  • Maintain lawful licenses, ownership rights, and authorization for systems, data, software, accounts, and environments presented for work.
  • Maintain current backups before material changes unless backup preparation is expressly included in the engagement.
  • Review deliverables, test results, assumptions, and requested approvals promptly.
  • Protect credentials and promptly revoke access that is no longer required.

Third-Party Products and Services

Infrastructure work may rely on hardware, software, cloud platforms, telecommunications providers, data centers, registrars, payment processors, and other third parties. Their terms, pricing, availability, security, and performance are outside InfraCharm's control. InfraCharm may recommend or configure a third-party product without warranting that provider's service. Unless a written agreement says otherwise, the client is responsible for third-party accounts, licenses, fees, and vendor terms.

Fees and Payment

Fees, deposits, milestones, billing frequency, due dates, taxes, reimbursable expenses, and any late-payment terms are stated in the applicable proposal, order, invoice, or written agreement. The client must raise a good-faith billing dispute promptly and pay all undisputed amounts when due. InfraCharm may pause work or suspend affected services when an undisputed payment remains overdue after reasonable notice, where permitted by law and the applicable agreement.

Recurring Services and Cancellation

The applicable order states whether a recurring service renews monthly, quarterly, annually, or for another term. Cancellation, non-renewal, minimum commitment, notice, data export, and transition terms are governed by that order. Cancellation does not remove amounts already due or charges for work already performed. The client should retrieve any client-controlled data before service termination. Retention after termination is not guaranteed unless the applicable agreement expressly provides otherwise.

Hosting and Acceptable Use

Clients may not use InfraCharm-provided systems for unlawful activity, unauthorized access, malware distribution, abuse, infringement, harassment, unsolicited bulk messaging, resource abuse, or activity that threatens the security or availability of InfraCharm, its providers, or other clients. InfraCharm may restrict or suspend affected services when reasonably necessary to address abuse, a security threat, a legal requirement, or material nonpayment.

Security, Backups, and Availability

InfraCharm uses reasonable care in performing agreed services, but no system, migration, backup, security control, or hosted service can be guaranteed to be uninterrupted, error-free, or immune from loss or attack. Backup retention, recovery objectives, monitoring coverage, restore testing, availability targets, and response commitments apply only when stated in the applicable agreement or Service Level Agreement. A security assessment or hardening project reduces risk but does not guarantee compliance or prevent every incident.

Confidentiality and Client Data

Each party will use reasonable care to protect nonpublic information received from the other and will use it only as needed for the engagement, internal administration, legal compliance, or another authorized purpose. InfraCharm does not acquire ownership of client data. Additional confidentiality, data-processing, retention, or regulated-data requirements must be agreed in writing before the relevant data is provided.

Intellectual Property and Deliverables

Each party retains ownership of materials it owned or developed independently of the engagement. After full payment, the client may use project-specific deliverables for its internal business purposes, subject to third-party licenses and any different written terms. InfraCharm retains its pre-existing tools, templates, methods, general knowledge, and reusable components. Open-source software remains governed by its applicable license.

Professional Judgment and No Compliance Guarantee

Recommendations are based on the agreed scope, available information, and conditions observed at the time. Unless expressly agreed in writing, InfraCharm is not acting as legal counsel, an auditor, a certification body, an insurer, or a managed security operations center. References to standards or good practices do not constitute certification or a guarantee of regulatory compliance.

Warranty and Liability

InfraCharm will perform professional services with reasonable care consistent with the applicable written scope. Any service-specific remedy, warranty, service credit, liability allocation, or indemnification obligation is governed by the applicable written agreement. To the extent permitted by law, neither party will be responsible under these website terms for indirect, incidental, special, exemplary, or consequential damages. Nothing in these terms excludes liability that cannot lawfully be excluded.

Termination

Either party may terminate an engagement as allowed by the applicable written agreement. InfraCharm may stop work or suspend an affected service for material breach, unlawful use, a credible security threat, or overdue undisputed amounts after notice when notice is reasonably possible. Provisions that by their nature should continue after termination, including payment, confidentiality, intellectual property, and liability provisions, will survive.

Governing Terms and Disputes

The governing law, venue, and dispute process for paid services should be stated in the applicable signed agreement. If they are not, applicable law determines those matters. Before beginning formal proceedings, each party agrees to make a reasonable good-faith effort to resolve the dispute directly, except when urgent relief is reasonably necessary.

Changes to These Terms

InfraCharm may update these terms to reflect changes in services, operations, or law. The revised version will be posted with an updated effective date. Material changes will apply prospectively unless applicable law or a written agreement requires otherwise.

Contact

Questions about these terms may be sent to [email protected].