Custom Software and Service Terms

Last updated: May 13, 2026

These Custom Software and Service Terms ("Service Terms") apply to custom software development, web-based applications, business management systems, automation tools, consulting, hosting, maintenance, support, downloadable software preparation, and related technology services provided by Melkom Systems ("Melkom Systems," "we," "us," or "our").

These Service Terms are intended to supplement our website Terms and Conditions, Privacy Policy, Cookie Policy, and any written proposal, estimate, statement of work, invoice, subscription plan, order form, or signed agreement between Melkom Systems and a client. If a signed written agreement or statement of work conflicts with these Service Terms, the signed written agreement or statement of work controls for that specific project.

1. Services

Melkom Systems provides technology services that may include custom web applications, internal business tools, dashboards, databases, workflow systems, job tracking systems, expense tracking tools, employee or team management tools, automation solutions, software integrations, technical consulting, website-related services, and future downloadable or installable software products.

The exact services, deliverables, features, pricing, timeline, and responsibilities for a project will be described in a proposal, estimate, statement of work, invoice, written message, or other written agreement between the client and Melkom Systems.

Unless expressly agreed in writing, Melkom Systems provides software and technology services only. We do not provide construction services, contracting services, legal advice, tax advice, accounting advice, medical advice, financial advice, or other regulated professional services.

2. Proposals, Estimates, and Statements of Work

A proposal, estimate, or statement of work may describe the expected project scope, features, timeline, fees, payment schedule, and deliverables.

Unless a proposal clearly states that it is a fixed-price agreement, all estimates are good-faith estimates based on the information available at the time. Additional work, unclear requirements, technical limitations, third-party delays, client-requested changes, or newly discovered issues may require additional time and fees.

Any feature, service, integration, support obligation, or deliverable not specifically included in the written project scope is considered outside the scope of the project and may require a separate quote, change request, or additional invoice.

3. Client Responsibilities

The client is responsible for providing accurate, complete, and timely information, materials, feedback, approvals, access credentials, business rules, content, data, and decisions needed for Melkom Systems to perform the services.

The client is responsible for making sure that any information, files, photos, documents, customer records, employee records, job records, expense records, payment information, or other materials provided to Melkom Systems are accurate and lawfully collected, used, and shared with us.

If the client uses a custom application to track employees, contractors, customers, job sites, expenses, time, performance, location, photos, communications, or other business activity, the client is responsible for providing any required notices, obtaining any required consents, and complying with applicable employment, privacy, consumer protection, labor, tax, industry, and business laws.

Delays caused by missing information, delayed feedback, unavailable access, third-party issues, or changes in client requirements may affect the project timeline and may result in additional fees.

4. Project Timeline

Project timelines are estimates unless expressly stated as fixed deadlines in a signed written agreement.

Melkom Systems will make reasonable efforts to meet agreed timelines, but we are not responsible for delays caused by client actions or inactions, third-party services, hosting providers, payment processors, API providers, internet service providers, app stores, software libraries, hardware issues, security incidents, force majeure events, or circumstances outside our reasonable control.

If a project is paused because the client does not provide required information, approvals, payment, or access, Melkom Systems may adjust the timeline and may require a restart or reactivation fee before continuing work.

5. Fees, Deposits, and Payments

Fees, deposits, milestones, subscriptions, maintenance charges, hosting charges, and support charges will be described in the applicable proposal, invoice, statement of work, or written agreement.

Unless otherwise stated in writing, invoices are due upon receipt. Melkom Systems may pause work, suspend access, withhold deliverables, or delay launch if invoices are unpaid.

Deposits, setup fees, project-start fees, custom development fees, and work already performed are generally non-refundable unless a written agreement says otherwise or a refund is required by law.

Late fees, collection costs, reactivation fees, or interest may apply if stated in a proposal, invoice, or written agreement and permitted by applicable law.

The client is responsible for taxes, payment processing fees, third-party platform fees, hosting fees, domain fees, licensing fees, subscription fees, and other third-party costs unless a written agreement states otherwise.

6. Changes and Additional Work

Client-requested changes, new features, design revisions, additional integrations, data migration, new reports, workflow changes, added users, extra training, or changes to approved work may require additional time and fees.

Melkom Systems may require written approval of a change request before performing additional work.

Small changes may sometimes be handled informally, but repeated small changes may still become billable if they increase the project scope or time required.

7. Review, Testing, and Acceptance

The client is responsible for reviewing and testing deliverables, workflows, forms, reports, calculations, permissions, user roles, integrations, and other project features before launch or final acceptance.

Unless a written agreement states otherwise, a deliverable will be considered accepted when the client approves it in writing, begins using it in live operations, or does not report material issues within a reasonable review period after delivery.

Melkom Systems may fix confirmed bugs that cause the deliverable to materially fail to match the agreed written scope. Requests for new features, changed business logic, design preferences, improvements, or items not included in the original scope are not considered bugs and may be billed separately.

8. Support and Maintenance

Support, maintenance, monitoring, updates, bug fixes, hosting management, backups, security updates, user support, training, and future improvements are included only if stated in a written agreement, subscription plan, invoice, or support arrangement.

Unless otherwise agreed in writing, ongoing support and maintenance after launch are billed separately.

Melkom Systems may provide support through email, phone, messaging, remote access, scheduled calls, or other reasonable methods. Support availability, response times, and included support hours may vary depending on the client’s plan or agreement.

Emergency, after-hours, weekend, urgent, or priority support may be billed at a higher rate if provided.

9. Hosting, Backups, and Availability

Some custom applications may be hosted by Melkom Systems, the client, or a third-party hosting provider. Hosting responsibilities, fees, and service levels will be described in the applicable written agreement or invoice.

Unless a separate service level agreement is provided, Melkom Systems does not guarantee uninterrupted access, error-free operation, or any specific uptime percentage.

Backups may be provided as part of certain hosting or maintenance plans, but backups are not a substitute for the client’s own records, accounting systems, document storage, or business continuity planning.

The client is responsible for keeping independent copies of important business records, including invoices, receipts, customer records, employee records, job records, project files, financial records, and other critical information.

10. Client Data

As between the client and Melkom Systems, the client owns the business data, customer data, employee data, project data, job records, files, photos, expense records, and other information the client enters into or provides for a custom application, unless a written agreement states otherwise.

Melkom Systems may access, process, store, transmit, back up, or use client data only as reasonably necessary to provide, maintain, secure, support, troubleshoot, improve, or document the services; comply with legal obligations; enforce agreements; or as otherwise permitted by the client or applicable law.

The client is responsible for the accuracy, legality, quality, and use of client data, including any notices or consents required from employees, customers, contractors, vendors, or other individuals.

11. Security

Melkom Systems uses reasonable technical, administrative, and organizational safeguards designed to protect systems and data. However, no software, website, server, network, cloud service, email system, or internet transmission is completely secure.

The client is responsible for maintaining secure passwords, limiting user access, removing users who no longer need access, protecting devices, reviewing permissions, and notifying Melkom Systems promptly of suspected unauthorized access or security issues.

Melkom Systems is not responsible for unauthorized access caused by weak passwords, shared credentials, compromised client devices, client-side malware, client failure to manage users, third-party breaches, or actions outside our reasonable control.

12. Access Credentials and Third-Party Accounts

The client may need to provide access to websites, hosting accounts, databases, APIs, email systems, payment processors, analytics tools, cloud accounts, domain registrars, software platforms, or other third-party services.

The client authorizes Melkom Systems to use provided access only as reasonably necessary to perform the requested services.

The client is responsible for obtaining proper authorization to provide such access, maintaining ownership of third-party accounts, paying third-party fees, reviewing third-party terms, and revoking access when it is no longer needed.

13. Third-Party Services, APIs, and Software

Projects may depend on third-party services, APIs, software libraries, open-source components, hosting providers, payment processors, analytics tools, email providers, app stores, or other external platforms.

Melkom Systems is not responsible for third-party outages, pricing changes, policy changes, feature removals, API changes, account suspensions, security incidents, data loss, or other issues caused by third-party services.

Open-source software and third-party components may be subject to their own licenses. The client agrees that use of such components may be necessary or appropriate for the project.

14. Intellectual Property and Ownership

Each party retains ownership of its pre-existing intellectual property, materials, tools, methods, know-how, templates, frameworks, code libraries, processes, trade secrets, documentation, and business information.

Unless a signed written agreement states otherwise, Melkom Systems retains ownership of its general software architecture, reusable code, development tools, templates, frameworks, libraries, internal systems, technical methods, ideas, concepts, know-how, and components that are not uniquely created for the client.

After the client has paid all amounts due for a project, the client receives a non-exclusive, non-transferable license to use the completed deliverables for the client’s internal business purposes, unless a written agreement gives the client broader rights.

Client-specific content, logos, branding materials, business data, project records, customer records, employee records, and other client-provided materials remain the client’s property, subject to any rights granted to Melkom Systems to perform the services.

Source code ownership, source code transfer, resale rights, white-label rights, exclusive rights, or rights to modify and redistribute software are not included unless expressly stated in a signed written agreement.

15. Portfolio and Publicity

Unless the client requests otherwise in writing, Melkom Systems may identify the client as a customer and may describe the general nature of the project in portfolios, proposals, marketing materials, case studies, or website content.

Melkom Systems will not intentionally disclose confidential client information, private business data, credentials, non-public financial information, or sensitive operational details in portfolio materials without permission.

16. Confidentiality

During a project, each party may receive confidential or non-public information from the other party. Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the project or business relationship.

Confidential information does not include information that is publicly available, independently developed without use of confidential information, lawfully received from another source, or required to be disclosed by law.

17. Downloadable or Installable Software

If Melkom Systems provides downloadable, installable, or licensed software, that software may be subject to a separate End User License Agreement (EULA), license key, subscription terms, documentation, or product-specific terms.

If there is a conflict between these Service Terms and a product-specific EULA for downloadable or installable software, the EULA controls for that software product.

18. Regulated Data and Special Compliance Requirements

Unless expressly agreed in a signed written agreement, Melkom Systems’ services are not designed for storing or processing highly regulated data, including protected health information under HIPAA, financial institution data under GLBA, classified information, export-controlled data, or other specialized regulated data.

The client is responsible for informing Melkom Systems in writing before providing any data or requesting any feature that may require special legal, regulatory, security, industry, or compliance obligations.

19. No Guarantee of Business Results

Melkom Systems may provide software, tools, systems, automation, recommendations, consulting, and technical services intended to help improve organization, tracking, workflow, productivity, or business operations.

However, we do not guarantee any specific business result, revenue increase, cost savings, customer outcome, employee performance improvement, regulatory compliance result, or operational result. The client remains responsible for how it uses the services and for its business decisions.

20. Suspension and Termination

Melkom Systems may suspend or terminate services, access, hosting, maintenance, support, or project work if the client fails to pay amounts due, violates an agreement, misuses the services, creates security or legal risk, or fails to provide required information or cooperation.

Either party may terminate a project as allowed by the applicable written agreement. If a project is terminated, the client remains responsible for payment for work performed, approved expenses, third-party costs, and any non-cancelable commitments incurred before termination.

Upon termination, Melkom Systems may provide reasonable assistance with data export or transition if requested, subject to payment of outstanding amounts and any applicable transition fees.

21. Disclaimers

Services and deliverables are provided on an “as is” and “as available” basis unless a written agreement states otherwise.

To the fullest extent permitted by law, Melkom Systems disclaims all warranties not expressly stated in a written agreement, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, and compatibility with all systems or third-party services.

Some jurisdictions do not allow certain warranty limitations, so some limitations may not apply to you.

22. Limitation of Liability

To the fullest extent permitted by law, Melkom Systems will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, lost opportunities, or loss of goodwill, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, Melkom Systems’ total liability for any claim related to a project, service, deliverable, website, application, or agreement will not exceed the amount paid by the client to Melkom Systems for the specific service giving rise to the claim during the three (3) months before the event giving rise to the claim, unless a signed written agreement states otherwise.

The limitations in this section apply to all legal theories, including contract, tort, negligence, strict liability, warranty, and statutory claims, to the fullest extent permitted by law.

23. Indemnification

The client agrees to defend, indemnify, and hold harmless Melkom Systems from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney’s fees, arising from or related to: the client’s data, content, instructions, business operations, use of the services, violation of law, violation of third-party rights, employee or customer claims, misuse of the software, unauthorized access caused by the client, or breach of these Service Terms or any applicable agreement.

Melkom Systems reserves the right to control the defense of any matter subject to indemnification, and the client agrees to cooperate with that defense.

24. Governing Law and Disputes

These Service Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless a signed written agreement states otherwise, disputes related to these Service Terms or Melkom Systems services will be handled according to the dispute resolution provisions in Melkom Systems’ general Terms and Conditions or the applicable written agreement between the parties.

25. Updates to These Service Terms

Melkom Systems may update these Service Terms from time to time. When we update them, we will revise the “Last updated” date at the top of this page.

Updated Service Terms apply to new projects, renewals, support periods, subscriptions, or continued use of services after the updated terms are posted, unless a signed written agreement states otherwise.

26. Contact Us

If you have questions about these Service Terms or Melkom Systems services, please contact us:

Melkom Systems California, United States Email: hello@melkomsystems.com