1. Acceptance of These Terms

Welcome to marketing.atc.xyz (the “Site”), operated by American Technology Consulting (“ATC,” “we,” “our,” or “us”). By accessing the Site, requesting a proposal, or signing any ATC statement of work (“SOW”), you (“Client,” “you,” or “your”) agree to these Terms & Conditions (the “Terms”). If you disagree with any part of the Terms, do not use the Site or our services.

2. Updates to the Terms

We may amend these Terms from time to time. Any material change will appear here with a new “Last updated” date. Continued use of the Site or services after changes are posted constitutes acceptance of the revised Terms.

3. Services & Engagements

  • Proposals & SOWs — A project begins only when an ATC SOW is signed by both parties. The SOW controls scope, deliverables, timelines, fees, revision limits, and any service-specific terms.
  • Client Inputs — You agree to supply assets, information, passwords, and approvals promptly. Delays or omissions may extend delivery timelines and/or incur additional fees.
  • Change Management — Requests outside the signed SOW are quoted in writing and commence only upon your approval of a change order.

4. Fees, Invoicing & Taxes

  • Standard Billing — Unless the SOW states otherwise, invoices are 50 % upon signing and 50 % upon milestone or project completion.
  • Payment Terms — Invoices are due within 15 calendar days. Past-due balances accrue interest at 1.5 % per month.
  • Currency & Taxes — Quotes are in U.S. dollars (USD) or Indian rupees (INR) and exclude applicable taxes, duties, or withholding; you are responsible for such amounts.
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5. Legal Bases for Processing

  • ATC Pre-existing Materials — Frameworks, code, templates, and know-how created or owned by ATC before or outside the project remain ATC property.
  • Client Materials — You warrant that any text, images, trademarks, or data you supply belong to you or that you hold valid rights to use them.
  • Project Deliverables — Upon receipt of full payment, all final deliverables created specifically for you under an SOW become your property. ATC retains its pre-existing assets and may display non-confidential portions of the work in its portfolio unless the SOW states otherwise.

6. Acceptable Use of the Site

You agree not to:

  • Violate any law or regulation;
  • Infringe intellectual-property or privacy rights;
  • Post or transmit unlawful, defamatory, or malicious content;
  • Introduce malware or attempt unauthorised access;
  • Scrape or extract data from the Site without written consent.

 

7. Confidentiality

Confidential Information” means non-public information disclosed by either party. Each party will: (a) use it solely to perform the project; (b) protect it with at least reasonable care; and (c) restrict access to employees or contractors who need to know. This duty lasts three years after a project ends (longer for trade secrets).

8. Third-Party Links & Tools

The Site may reference or link to third-party websites, plugins, or services. ATC is not responsible for their content, security, or privacy practices; access is at your own risk.

9. Disclaimers

  • Site Content — Provided “as is” without warranties, express or implied.
  • Service Results — Marketing performance depends on factors beyond ATC’s control (market conditions, platform algorithms, client budgets, etc.); therefore, we do not guarantee specific rankings, traffic volumes, leads, or revenue.

10. Limitation of Liability

To the fullest extent permitted by law, ATC (including directors, officers, employees, and suppliers) will not be liable for any indirect, incidental, consequential, special, or punitive damages. ATC’s total aggregate liability for any claim arising from a project will not exceed the fees actually paid to ATC for that project.

11. Indemnification

You will indemnify, defend, and hold ATC harmless against any claim, liability, damage, loss, or expense (including reasonable attorneys’ fees) arising out of: (a) your breach of these Terms or an SOW; (b) content or materials supplied by you; or (c) your misuse of the Site or services.

12. Termination

Either party may terminate an SOW for material breach if the breach is not cured within 10 days of written notice. Upon termination:

  • You will pay for all work completed up to the termination date;
  • Any licences contingent on full payment automatically end if payment is not made.

13. Governing Law & Venue

These Terms and any SOW are governed by the laws of the State of Iowa, USA, without regard to conflict-of-law principles. Any dispute shall be resolved exclusively in the state or federal courts located in Polk County, Iowa, and each party irrevocably consents to such jurisdiction and venue.

14. Dispute Resolution (Optional Mediation)

Before either party files suit, we agree to attempt in good faith to resolve the dispute through mediation in Des Moines, Iowa. Mediation costs will be shared equally. If mediation fails, litigation may proceed in the courts specified above.

15. Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be replaced by an enforceable term that most closely reflects the original intent.

16. Entire Agreement

These Terms, the Privacy Policy, and any signed SOW represent the entire agreement between you and ATC with respect to the Site and ATC’s services and supersede all prior proposals or communications, whether oral or written.

Contact Us

5000 TX-114 Suite 100, Northlake, TX 76262, USA

marketing@atc.xyz

+1 515-309-1223

By accessing the Site or engaging ATC, you confirm that you have read, understood, and agree to these Terms & Conditions.