By accessing fiveanchor.com, scheduling a strategy session, or executing a Statement of Work ("SOW") with Five Anchor ("Company", "we", "us"), you ("Client", "you") agree to be legally bound by these Terms of Service. If you are entering into this agreement on behalf of a business entity, you represent that you have full legal authority to bind that entity.
1. Acceptance of Terms
If you do not agree with any part of these Terms, you must not use our website or engage our engineering and consultation services. Continued use of our site or engagement of our services constitutes binding acceptance of these Terms and any future amendments published herein.
2. Scope of Services & Engagements
Five Anchor provides operations automation, multi-channel e-commerce infrastructure, ERP integration, and AI support agent development.
- Statement of Work (SOW): Specific deliverables, milestone schedules, pricing structure, and acceptance criteria will be defined in written SOWs executed by both parties.
- Scope Modifications: Any change in project requirements, additional marketplace channels, or extended API features requires a signed Change Order.
3. Client Obligations & API Access
To enable seamless deployment of commerce pipelines, Client agrees to:
4. Intellectual Property & Deliverables
Ownership of code and intellectual property rights is governed as follows:
- Custom Deliverables: Upon full payment of all milestone invoices, Client receives full ownership rights to custom-built software, web code, and tailored pipeline scripts created specifically for Client under the SOW.
- Pre-Existing Core Assets: Five Anchor retains all rights to its pre-existing core libraries, reusable automation boilerplates, and proprietary middleware frameworks used during development.
5. Fees, Payment & Billing
Project fees are billed on fixed-price milestone schedules or monthly retainer rates as specified in the applicable SOW:
- Payment Terms: Invoices are due Net 15 from date of issue unless agreed otherwise.
- Late Payments: Overdue amounts incur interest at 1.5% per month or the maximum statutory rate permitted by law.
6. Limitation of Liability & Disclaimers
To the maximum extent permitted by law, Five Anchor shall not be liable for indirect, incidental, consequential, or punitive damages (including loss of profits or revenue) resulting from third-party marketplace API downtime, carrier outages, or unauthorized third-party access. In all cases, Five Anchor's total aggregate liability is limited to the total fees paid by Client under the applicable SOW in the 3 months preceding the event.
7. Term & Termination
Either party may terminate an active engagement for material breach upon 30 days' written notice if such breach remains uncured. Upon termination, Client will pay for all completed milestones and work performed up to the termination date.
8. Governing Law & Contact
These Terms are governed by and construed in accordance with applicable corporate laws without regard to conflict of law principles.
For questions regarding these Terms or custom contract terms, please contact:
legal@fiveanchor.com