Last Updated: November 1, 2024
Welcome to Site 1764332856.216918. These Terms and Conditions ("Terms") govern your use of our website located at programmingcourseca.org and our software development services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.
1. Acceptance of Terms
By accessing our website or engaging our services, you represent that:
- You are at least 18 years of age
- You have the legal capacity to enter into binding agreements
- If acting on behalf of an organization, you have the authority to bind that organization to these Terms
- You will comply with all applicable laws and regulations
2. Description of Services
Site 1764332856.216918 provides software development and related technology services, including but not limited to:
- Custom web application development
- Mobile application development
- API development and integration
- Cloud infrastructure and DevOps services
- Technical consulting and advisory services
- Software maintenance and support
Specific services, deliverables, timelines, and pricing will be outlined in individual project agreements or Statements of Work (SOW) between you and Site 1764332856.216918.
3. Service Agreements
All software development projects require a signed Service Agreement or Statement of Work that specifies:
- Project scope and deliverables
- Timeline and milestones
- Pricing and payment terms
- Intellectual property rights
- Confidentiality obligations
- Acceptance criteria
In case of conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail for that particular engagement.
4. User Responsibilities
When using our Services, you agree to:
- Provide accurate and complete information as requested
- Maintain the confidentiality of any account credentials
- Notify us immediately of any unauthorized access to your account
- Use our Services only for lawful purposes
- Not interfere with or disrupt the integrity of our systems
- Not attempt to gain unauthorized access to our systems or networks
- Not transmit malicious code, viruses, or harmful content
- Comply with all applicable laws, regulations, and industry standards
5. Intellectual Property Rights
Our Intellectual Property
Unless otherwise specified in a Service Agreement, Site 1764332856.216918 retains all rights to:
- Our proprietary tools, frameworks, and methodologies
- Pre-existing code libraries and components
- Our trademarks, logos, and brand materials
- Website content, including text, graphics, and designs
Client Intellectual Property
Upon full payment, clients typically receive:
- Ownership of custom code developed specifically for their project
- License to use any third-party components incorporated into their project
- All project documentation and deliverables
Specific intellectual property arrangements will be detailed in individual Service Agreements.
6. Payment Terms
Payment terms for our services include:
- Deposits may be required before project commencement
- Milestone payments as outlined in the Service Agreement
- Final payment upon project completion and acceptance
- Late payments may incur interest charges of 1.5% per month
- All prices are in Canadian Dollars (CAD) unless otherwise specified
- Applicable taxes will be added to all invoices
We accept payment by bank transfer, credit card, or other methods specified in your Service Agreement.
7. Project Changes and Scope
Changes to project scope after agreement signing:
- Must be submitted in writing through our change request process
- Will be evaluated for impact on timeline and budget
- Require mutual written agreement before implementation
- May result in additional charges and timeline extensions
8. Confidentiality
Both parties agree to maintain confidentiality of proprietary information shared during the engagement. This includes:
- Business plans, strategies, and financial information
- Technical specifications and source code
- Customer data and personal information
- Any information marked as confidential
Confidentiality obligations survive the termination of services for a period of three (3) years.
9. Warranties and Disclaimers
Our Warranties
We warrant that:
- Services will be performed in a professional and workmanlike manner
- Deliverables will substantially conform to agreed specifications
- We have the right to provide the services and deliverables
Disclaimers
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR A SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that our Services will be uninterrupted, error-free, or completely secure. We are not responsible for any third-party services or content integrated into deliverables at client request.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our total liability for any claims arising from these Terms or our Services shall not exceed the amounts paid by you to us in the twelve (12) months preceding the claim
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill
- These limitations apply regardless of the legal theory on which the claim is based
11. Indemnification
You agree to indemnify, defend, and hold harmless Site 1764332856.216918, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Content or materials you provide to us
12. Termination
Either party may terminate services:
- With written notice as specified in the Service Agreement
- Immediately if the other party materially breaches these Terms and fails to cure within 30 days of notice
- Immediately if the other party becomes insolvent or files for bankruptcy
Upon termination:
- Client shall pay for all services rendered up to the termination date
- We will deliver all completed work and work-in-progress
- Each party shall return or destroy confidential information of the other
- Provisions that by their nature should survive termination shall remain in effect
13. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, government actions, or internet outages.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any disputes arising from these Terms or our Services shall be resolved through:
- Good faith negotiation between the parties
- If negotiation fails, mediation by a mutually agreed mediator
- If mediation fails, binding arbitration in Toronto, Ontario
15. General Provisions
Entire Agreement
These Terms, together with any Service Agreements, constitute the entire agreement between you and Site 1764332856.216918 regarding our Services.
Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms without restriction.
16. Contact Information
For questions about these Terms and Conditions, please contact us:
