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Terms and Conditions

Last updated: November 1, 2024

These Terms and Conditions ("Agreement") constitute a legally binding agreement between you ("Client," "you," or "your") and Canada Tech Training Inc. ("Company," "we," "us," or "our"), a corporation incorporated under the laws of Ontario, Canada, with its principal place of business at 350 Bay Street, Suite 1200, Toronto, ON M5H 2S6.

By accessing our website, engaging our services, or otherwise doing business with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

1. Acceptance of Terms

By accessing or using our website (canadatechtraining.com) or engaging our professional services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, you must not access our website or use our services.

We reserve the right to modify these Terms at any time. Changes become effective upon posting to our website. Your continued use of our services following any modifications constitutes acceptance of the revised Terms.

2. Description of Services

Canada Tech Training provides professional software development, consulting, and related technology services, including but not limited to:

  • Custom software development and application engineering
  • DevOps automation and CI/CD pipeline implementation
  • Cloud architecture design and migration services
  • API development and integration services
  • Security automation and compliance consulting
  • Machine learning integration and data engineering
  • Technical training and knowledge transfer

Specific services, deliverables, timelines, and pricing are defined in individual Statements of Work (SOW) or project agreements executed between the parties.

3. Client Responsibilities

To enable successful service delivery, you agree to:

  • Provide accurate and complete information regarding project requirements
  • Grant timely access to necessary systems, documentation, and personnel
  • Designate authorized representatives for project decisions and approvals
  • Review and provide feedback on deliverables within agreed timelines
  • Pay all invoices in accordance with agreed payment terms
  • Comply with applicable laws and regulations related to your business operations
  • Maintain appropriate security measures for credentials and access we provide

4. Intellectual Property Rights

4.1 Client Materials

You retain all ownership rights to materials you provide to us ("Client Materials"), including logos, content, data, and existing software. You grant us a limited, non-exclusive license to use Client Materials solely for the purpose of delivering the agreed services.

4.2 Deliverables

Unless otherwise specified in a Statement of Work, upon full payment of all fees, ownership of custom-developed deliverables transfers to you. We retain the right to use general knowledge, skills, and experience gained during the engagement.

4.3 Pre-Existing Materials

We retain ownership of all pre-existing tools, frameworks, code libraries, and methodologies. Where incorporated into deliverables, you receive a perpetual, non-exclusive license to use such materials for your internal business purposes.

4.4 Open Source Components

Deliverables may incorporate open-source software components governed by their respective licenses. We will document any open-source components used and their applicable license terms.

5. Payment Terms

5.1 Fees and Invoicing

Fees for services are set forth in individual Statements of Work. Unless otherwise specified:

  • Project engagements may require deposits of up to 50% before work begins
  • Hourly and retainer-based services are invoiced monthly in arrears
  • Invoices are due within 30 days of issuance (Net 30)
  • All fees are quoted and payable in Canadian dollars unless otherwise specified

5.2 Late Payment

Overdue amounts accrue interest at 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower. We may suspend services for accounts more than 45 days overdue.

5.3 Expenses

Pre-approved expenses incurred in delivering services (travel, third-party licenses, cloud resources) are billed at cost. Expenses exceeding $500 CAD require prior written approval.

6. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information and to use it only for purposes of performing under this Agreement. Confidential Information includes, but is not limited to:

  • Business strategies, plans, and financial information
  • Technical specifications, source code, and architecture designs
  • Customer lists and business relationships
  • Any information designated as confidential

Confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from third parties, or required to be disclosed by law.

These confidentiality obligations survive termination of this Agreement for a period of five (5) years.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. For a period of 30 days following delivery, we will correct at no additional charge any deliverables that fail to conform to agreed specifications.

7.2 Disclaimer

EXCEPT AS EXPRESSLY STATED HEREIN, SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that services will be uninterrupted or error-free, that defects will be corrected, or that our systems are free of viruses or harmful components.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION
  • THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE

9. Indemnification

You agree to indemnify, defend, and hold harmless Canada Tech Training and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

  • Your breach of this Agreement
  • Your violation of applicable laws or regulations
  • Your infringement of third-party intellectual property rights
  • Use of deliverables in combination with materials not provided by us

10. Term and Termination

10.1 Term

This Agreement remains in effect until all Statements of Work are completed or terminated, unless earlier terminated as provided herein.

10.2 Termination for Convenience

Either party may terminate a Statement of Work upon 30 days' written notice. Upon such termination, you shall pay for all services performed and expenses incurred through the termination date.

10.3 Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within 15 days of written notice.

10.4 Effect of Termination

Upon termination, we will deliver all completed work and work in progress. Sections relating to intellectual property, confidentiality, limitation of liability, and indemnification survive termination.

11. Dispute Resolution

Any dispute arising from this Agreement shall be resolved as follows:

  1. Negotiation: The parties shall first attempt to resolve disputes through good-faith negotiation
  2. Mediation: If negotiation fails, disputes shall be submitted to mediation under the rules of the ADR Institute of Canada
  3. Arbitration: Unresolved disputes shall be finally settled by binding arbitration in Toronto, Ontario, in accordance with the Arbitration Act, 1991 (Ontario)

12. Governing Law

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the courts of Ontario.

13. General Provisions

13.1 Entire Agreement

This Agreement, together with all Statements of Work and referenced documents, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements.

13.2 Amendment

No modification to this Agreement is binding unless in writing and signed by authorized representatives of both parties.

13.3 Assignment

You may not assign this Agreement without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, or sale of substantially all assets.

13.4 Severability

If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.

13.5 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

13.6 Force Majeure

Neither party is liable for delays or failures in performance resulting from causes beyond reasonable control, including natural disasters, government actions, or infrastructure failures.

14. Contact Information

For questions regarding these Terms and Conditions, contact:

Canada Tech Training Inc.
Legal Department
350 Bay Street, Suite 1200
Toronto, ON M5H 2S6
Email: [email protected]
Phone: +1 (416) 847-2956

Canada Tech Training Canada Tech Training

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  • 350 Bay Street, Suite 1200
  • Toronto, ON M5H 2S6
  • +1 (416) 847-2956
  • [email protected]

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