Last Updated: September 13, 2024
Midday (a subsidiary of Anyday Inc.) and its subsidiaries, (collectively, “Midday” or “We” or “Us” or “Our”) provide www.itsmidday.com, as well as other websites that We operate and that link to these Terms of Use (collectively and individually, “Websites”) to you subject to these Terms of Use (“Terms”). By accessing and using the Websites, you accept and agree to be bound by these Terms and by Midday’s Privacy Policy found here.
If you do not agree to these Terms, you may not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
Should there be any conflict between these Terms and any statement of work, master service agreement, or any other service agreement concluded with Midday (“Service Agreement”), the Service Agreement shall prevail.
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time. Such modifications, additions, or deletions (“Modifications”) will be effective immediately upon posting. Your use of the Websites after such posting shall be deemed to constitute your acceptance of such Modifications.
Midday offers services in Digital Design and Web Development, which include, but are not limited to, front-end development, back-end development, content management systems (CMS) management, API integrations, performance optimization, accessibility improvements, and security enhancements. The scope of each project may vary based on specific requirements agreed upon in writing through a Statement of Work (SOW) or similar agreements.
For typical project scopes and timelines, see the descriptions provided on our Websites, or refer to your service agreement or project brief.
Both Midday and the Client agree to maintain the confidentiality of any proprietary or confidential information exchanged during the course of the project (“Confidential Information”). This includes, but is not limited to, business plans, code, technical processes, client data, financial information, or other sensitive material disclosed by either party.
The Client agrees to pay for the services provided by Midday in accordance with the pricing agreed upon in the relevant Service Agreement or Statement of Work (SOW).
Midday may offer Free Trials or Pilot Programs to potential clients to showcase our services. The following terms apply:
Both parties may terminate the service agreement under the following conditions:
Midday provides its services on an “as-is” basis and makes no warranties or representations about the accuracy or completeness of the work, other than those expressly provided for in the Service Agreement.
These Terms, and any disputes arising under or in connection with them, shall be governed by and construed in accordance with the laws of the jurisdiction in which Midday operates, without regard to conflicts of law principles. Both parties submit to the exclusive jurisdiction of the courts of this jurisdiction.
These Terms and any Service Agreements constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, with the remaining portions continuing in full force and effect.