This document is a starting template written for Vancouver Island IT Solutions. Have it reviewed by a qualified lawyer for the jurisdictions you operate in before relying on it.
Acceptance of these terms
By accessing this website or purchasing services from Vancouver Island IT Solutions Ltd. ("Vancouver Island IT Solutions", "we", "us"), you agree to these Terms of Service. If you are acting for a company, you confirm you have authority to bind it. If you do not agree, please do not use the site or our services.
Services and agreements
Our services are described on this website for information only. Managed services, projects and consulting are provided under a written agreement, statement of work or order form ("Agreement"). Where these terms conflict with an Agreement, the Agreement prevails. Descriptions, prices and availability of services may change without notice.
Quotes, pricing and payment
Prices shown on the website are starting points and exclude taxes unless stated. A quote or estimate is valid for 30 days. Unless an Agreement says otherwise, invoices are due within 30 days, overdue amounts may accrue interest at 1.5% per month or the maximum allowed by law, and we may suspend services for non-payment after written notice.
Client responsibilities
To let us deliver services you agree to:
- Provide timely access to systems, people and information we reasonably need.
- Hold valid licences for software we are asked to manage.
- Keep your account credentials confidential and tell us promptly of any unauthorised use.
- Use our services lawfully and not to store or transmit unlawful, infringing or malicious content.
Service levels and support
Response and resolution targets, uptime commitments and support hours are set out in your Agreement or service level schedule. Targets on this website are indicative. Service credits, where offered, are the sole remedy for missed service levels.
Intellectual property
This website and its content are owned by Vancouver Island IT Solutions or our licensors and protected by copyright and trademark law. You may view and print pages for your own business use but may not copy, republish or exploit them commercially without permission. Deliverables created for you under an Agreement are licensed or assigned as set out in that Agreement; our pre-existing tools, methods and know-how remain ours.
Confidentiality
Each party will keep the other's non-public business, technical and personal information confidential, use it only for the purposes of the relationship, and protect it with reasonable care. This does not apply to information that is public, already known, independently developed or required to be disclosed by law.
Third-party products
We may recommend, resell or configure products from third parties such as Microsoft, Google, Amazon Web Services, ServiceNow, Atlassian and hardware vendors. Those products are governed by their own licences and warranties. We are not responsible for third-party products except as expressly stated in an Agreement.
Warranties and disclaimers
We will perform services with reasonable skill and care and in line with good industry practice. Except as stated in an Agreement, the website and services are provided "as is" and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the website will be uninterrupted or error free, or that any system will be completely secure.
Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or business opportunity, however caused. Our total liability arising out of the website or any Agreement is limited to the fees you paid us in the 12 months before the claim. These limits do not apply to liability that cannot be limited by law, to either party's gross negligence or wilful misconduct, or to a party's breach of confidentiality obligations.
Termination
Agreements may be terminated as set out in their terms. We may suspend or end your access to the website at any time for breach of these terms. On termination you must pay for services delivered up to the termination date, and clauses that by their nature should survive (including payment, confidentiality, intellectual property and liability) will continue.
Governing law and disputes
These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict-of-law rules. The parties will try in good faith to resolve any dispute through discussion between senior managers before starting proceedings. Subject to that, the courts of British Columbia, sitting in Victoria, have exclusive jurisdiction.
Changes
We may update these terms by posting a new version on this page with a new "last updated" date. Continued use of the website after a change means you accept the new terms. Changes to an Agreement require written agreement from both parties.
Contact
Questions about these terms can be sent to help@vancouverislandit.ca or Vancouver Island IT Solutions Ltd., Victoria, British Columbia, Canada.