BERSERKER SYSTEMS // TERMS
Clear terms before work starts.
Effective October 7, 2026
These website terms govern use of berserkersystems.com. Individual projects are governed by the scope, pricing, payment structure, timeline, and acceptance terms shown in the client's project materials and any signed project agreement or approved change order.
Estimates & final project pricing
Website calculator results, preliminary ranges, examples, and informal budget guidance are non-binding planning tools only and are not quotes or offers. They do not automatically set a project price. A firm project price exists only when Berserker Systems issues a Project Proposal that states the exact total investment for the defined scope. If accepted, that exact price and scope are frozen into the Project Agreement before payment becomes available. Later material scope or price changes require an approved change order or newly issued agreement version.
Project previews
Any complimentary or limited Proof of Direction is provided for evaluation only. Unless otherwise agreed in writing, preview concepts, mockups, code, workflows, and related work remain Berserker Systems work product until the corresponding commissioned project is accepted and paid according to the approved project terms.
Scope & changes
The approved project scope controls what is included. Requests that materially add pages, features, integrations, workflows, content, revisions, or delivery effort may require a change order, revised price, or revised timeline before that additional work begins.
Payments, cancellation & billing disputes
Project-specific payment amounts and timing are shown before approval. Deposits, milestone payments, pay-in-full options, financing arrangements, recurring hosting, support, and third-party costs apply only when included in the approved project terms. If a project ends early, amounts received are applied to work performed, reserved project capacity, approved milestones, authorized change orders, and non-cancellable third-party commitments; any remaining refundable balance, if one exists, is determined from the signed project terms and the work and commitments actually incurred. Clients should raise billing concerns promptly so the parties can review the project record before escalating a payment dispute. A past-due, reversed, disputed, or charged-back amount may pause work, release, hosting, support, or handoff while it is reviewed. Nothing in these terms waives rights that cannot lawfully be waived.
Financing
Any in-house financing terms are project-specific and must be accepted before financed work begins. The project materials should state the down payment, finance cost if any, installment amount, payment schedule, and total financed project cost. Late, missed, or failed payments may pause work or delivery as stated in the applicable project agreement.
Client responsibilities & inactivity
Clients are responsible for timely approvals, accurate information, lawful content, required licenses, and access to accounts or systems necessary to perform the work. Delivery dates may move when required information, assets, access, approvals, or payments are delayed. If required client action remains outstanding for 10 business days, Berserker Systems may move the schedule. After 30 days of client-caused inactivity, the project may be placed on hold and requeued based on current production capacity. Work already completed and non-cancellable commitments remain subject to the signed payment terms.
Accounts & credentials
Do not send passwords, card data, or secret credentials through ordinary project chat or general forms. Berserker Systems prefers delegated access, provider invitations, OAuth connections, or other least-privilege access methods. Sensitive credentials should only be provided through an approved secure handoff method.
Hosting, third-party services & ongoing costs
Managed hosting, CMS, maintenance, monitoring, support, backups, and other recurring services are included only when specifically listed in the approved project. Domains, APIs, software licenses, messaging, payment processing, app stores, infrastructure, and other third-party services remain subject to their providers’ availability, policies, pricing, licenses, and outages. Berserker Systems is not responsible for a third party’s independent failure or policy change, but will use reasonable efforts to communicate and work around material issues when the affected service is part of an active managed engagement.
Revisions, review & acceptance
Included revisions are limited to the number stated in the signed project materials. Review is for confirming delivery against the signed scope. Clients should identify a claimed scope-conformity defect within 10 business days after the related deliverable is presented for review so it can be evaluated and, when valid, corrected. New concepts, pages, features, integrations, workflows, preference changes, or material direction changes outside the signed scope are change-order items rather than defects. Written approval, launch authorization, or deliberate production use may serve as evidence that the reviewed deliverable was accepted, subject to any unresolved issue already documented in the project record.
Post-launch defects, maintenance & support
Unless the signed project terms state otherwise, Berserker Systems will evaluate a material defect reported within 30 days after launch or handoff when the delivered functionality does not conform to the signed scope. A valid scope-conformity defect is corrected as project closeout work rather than treated as new scope. New features, preference changes, content edits, client or third-party modifications, provider policy or API changes, unsupported environment changes, and ongoing maintenance or support are not included unless specifically listed in the project terms or an active support plan.
Confidential information
Each party should use reasonable care with nonpublic business, technical, credential, and customer information received for the project and use it only as needed to perform, receive, secure, support, or document the project, except where disclosure is required by law or an authorized service provider.
Ownership
Unless a signed project agreement says otherwise, project-specific final deliverables are handed off after the amounts required for that deliverable are paid. Berserker Systems retains its pre-existing tools, reusable frameworks, know-how, libraries, templates, and general-purpose components; clients receive the rights reasonably necessary to use those components as embedded in the paid deliverable. Third-party platforms, fonts, libraries, stock assets, APIs, and licensed services remain subject to their own terms.
Suspension & ending a project
Either party may stop future work by written notice. Amounts already due for completed work, approved milestones, authorized change orders, reserved capacity already consumed, and non-cancellable third-party commitments remain payable. Work, deployment, handoff, hosting, or support may pause while required payment, access, content, approvals, or client cooperation remains outstanding. Restart timing after a hold depends on current production capacity and may require a revised schedule.
Events outside reasonable control
Neither party is responsible for delay caused by events reasonably outside its control, including material internet or cloud outages, third-party platform failures, labor or supply disruption, natural disasters, governmental action, or similar events. Affected deadlines are extended by a reasonable period while the event and its direct effects continue.
Risk allocation
Each party remains responsible for its own acts, content, accounts, and legal obligations. To the extent permitted by applicable law, neither party is responsible to the other for indirect, incidental, special, or consequential losses arising from a project unless a signed project-specific term expressly says otherwise.
Governing law
Unless a signed project-specific addendum states otherwise, project agreements are governed by the laws of the State of Georgia, without regard to conflict-of-law rules.
No guaranteed business result
Berserker Systems may build conversion, search, automation, software, and operational systems intended to improve performance, but does not guarantee rankings, traffic, leads, revenue, or any other specific business result unless expressly stated in a signed agreement.
Electronic communications & SMS
When you submit project contact information, Berserker Systems may use the email address or phone number you provide for requested project, account, service, security, scheduling, payment, and support communications. If you affirmatively check an optional SMS consent checkbox, you agree to receive project, appointment, customer-care, account, and occasional promotional text messages from Berserker Systems at the mobile number you provide. Message frequency varies. Message and data rates may apply. Consent to marketing texts is not a condition of purchase. Reply STOP to opt out at any time or HELP for help. SMS consent is separate from consent to email or phone calls.
Contact
Questions about these terms can be sent to dylan@berserkersystems.com.