Document Ref: LEG-MTC-2026-V2
Effective Date: August 11, 2026
Jurisdiction: United States
These Master Terms & Conditions constitute a legally binding agreement governing the corporate solutions, IT consulting engagements, software deliverables, staffing placements, and digital portal access provided by DataMont IT INC.
DataMont IT INC. (“Company,” “we,” “us,” or “our”) provides enterprise information technology solutions, custom software application development, cloud infrastructure services, database management, IT consulting, and professional staffing services to business clients (“Clients”) and individual end-users (“Users”).
By accessing our software platforms, using our consulting services, or entering into a Statement of Work (SOW), the Client agrees to comply with and be bound by these Master Terms & Conditions (“Terms”).
Unless expressly superseded by a Master Services Agreement (MSA) signed by an authorized corporate officer of DataMont IT INC., all engagements, project deliverables, technical support services, and workforce placement agreements shall be governed by these Terms.
All software solutions, source code, database schemas, framework architectures, proprietary tools, trade secrets, designs, and documentation created or provided by DataMont IT INC. before or during an engagement remain the exclusive intellectual property of DataMont IT INC.
The Client receives a limited, non-exclusive, non-transferable license to use the applicable deliverables solely for its internal business operations, unless ownership is expressly assigned to the Client under a written Work-for-Hire agreement following full payment of all outstanding invoices.
Both parties agree to protect the confidentiality of all proprietary, technical, financial, personal, and operational information disclosed during the course of their business relationship.
Confidential information may not be disclosed to any third party without prior written approval, except where disclosure is required by federal, state, or judicial authority.
DataMont IT INC. operates in compliance with applicable United States labor laws, immigration regulations, and requirements established by the U.S. Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and the U.S. Department of Homeland Security (DHS).
For employees, contractors, and candidates sponsored or deployed by DataMont IT INC., including H-1B, L-1, TN, and OPT/STEM OPT visa holders, employment is contingent upon verified U.S. work authorization through Form I-9 and E-Verify processing.
DataMont IT INC. retains primary administrative control and supervisory responsibility as the employer of record.
The Client agrees not to directly or indirectly solicit, induce, recruit, or hire any employee, consultant, or contractor deployed by DataMont IT INC. during the individual's active assignment or for twelve (12) months following completion or termination of the contract, without prior authorization and payment of the agreed corporate placement fees.
DataMont IT INC. complies with applicable prevailing wage requirements, Labor Condition Applications (LCA), and federal Fair Labor Standards Act (FLSA) requirements governing professional IT personnel.
DataMont IT INC. performs its services as an independent contractor.
Nothing contained in these Terms or any SOW creates an agency, partnership, joint venture, corporate franchise, or employer-employee relationship between the Client and DataMont IT INC., or between the Client and any personnel deployed by DataMont IT INC.
Neither party has authority to bind or otherwise obligate the other party.
Clients shall compensate DataMont IT INC. according to the rates, fees, and milestone schedules set out in the applicable SOW or service agreement.
Unless otherwise agreed in writing, invoices are payable within thirty (30) days of receipt (Net 30).
Late payments shall accrue interest at a rate of 1.5% per month (18% per annum), or the maximum rate permitted under applicable state law, together with reasonable collection costs and legal fees incurred in recovering outstanding amounts.
These Terms remain in effect until all active SOWs or service engagements have expired or have been formally terminated.
Either party may terminate an active SOW or engagement by providing thirty (30) calendar days' prior written notice to the other party.
Either party may terminate an engagement immediately by written notice if the other party materially breaches any provision of these Terms and fails to remedy the breach within fifteen (15) days after receiving written notice of default.
Upon termination, the Client shall immediately pay DataMont IT INC. for all professional services performed, hours recorded, and non-cancelable project expenses incurred through the effective date of termination.
Each party (“Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other party, including its officers, directors, employees, and agents (“Indemnified Party”), from and against third-party claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:
Except where expressly provided otherwise in a written SOW, all services, custom code, and digital materials are provided on an “as is” and “as available” basis, without express or implied warranties of any kind, including warranties of title, non-infringement, merchantability, or fitness for a particular purpose.
To the maximum extent permitted under applicable U.S. federal and state law, DataMont IT INC. shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, business interruption, or data loss.
DataMont IT INC.'s cumulative liability under any engagement shall not exceed the total professional fees paid by the Client to DataMont IT INC. during the six (6) months immediately preceding the claim.
Both parties agree to comply with all applicable U.S. export control laws, economic sanctions, and trade regulations, including the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and regulations administered by the Office of Foreign Assets Control (OFAC).
Technical data, software, source code, or technology provided under these Terms may not be exported, re-exported, or transferred to restricted countries, entities, or foreign nationals without the required governmental authorization.
Neither party shall be liable for failure or delay in fulfilling its obligations under these Terms, excluding payment obligations, where such failure or delay results from circumstances beyond its reasonable control.
These circumstances may include acts of God, war, terrorism, civil unrest, government emergency orders, severe cyberattacks, power grid failures, or telecommunications outages.
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which DataMont IT INC. maintains its primary corporate registration, without regard to conflict of law principles.
Any legal controversy or claim arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or through the state or federal courts having competent jurisdiction within the primary corporate headquarters of DataMont IT INC.
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms, together with any executed SOW, constitute the entire agreement between the parties and supersede all prior communications, representations, or promises relating to the subject matter.
DataMont IT INC.
Corporate Legal & Compliance