Terms of Services
Last update on Aug 2024
Introduction
Welcome to Varexe! We're excited to work with you and provide you with our range of IT services. By accessing or using our services, you agree to these Terms of Services, which set out the obligations and expectations between you and Varexe. Please read these terms carefully. If you have any questions, you can always reach out to us at support@varexe.com.
1. Acceptance of Terms
By accessing or using Varexe’s services, including our website, software, applications, and any related services (collectively, the “Services”), you agree to comply with and be bound by these Terms of Services. If you do not agree to these terms, you must not use the Services.
2. Scope of Services
Varexe offers a comprehensive range of IT services, including but not limited to:
- API Solutions:Development, integration, and maintenance of APIs for seamless communication between your systems and third-party services.
- Cloud-Based Phone Systems:Implementation and management of VoIP systems to streamline your business communications.
- Content Management Systems (CMS) Solutions:Custom CMS development, integration, and support to manage your digital content efficiently.
- E-Commerce Development Solutions:End-to-end solutions for building and maintaining robust e-commerce platforms tailored to your business needs.
- Enterprise Resource Planning (ERP) Solutions:Implementation and customization of ERP systems to optimize your business processes.
- Microsoft 365 Integration Services:Seamless integration of Microsoft 365 tools into your business environment for enhanced productivity.
- Web Hosting & Security Services:Reliable web hosting solutions with a focus on security, performance, and scalability.
- Website Design & Development:Custom website design and development services to create user-friendly and responsive websites.
Each of these services may be governed by additional terms and agreements specific to the service you are utilizing.
3. User Accounts and Security
To use certain Services, you may need to create an account with Varexe. Here’s what you need to know:
- Account Creation:You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Account Security:You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Varexe will not be liable for any loss or damage arising from your failure to comply with this security obligation.
4. Payment Terms
Our Services may be offered on a subscription basis, as one-time purchases, or under a custom service agreement. The following terms apply to payments:
- Billing:You agree to pay all fees and charges associated with the Services in accordance with the terms outlined in your service agreement or as displayed at the time of purchase.
- Payment Methods:Varexe accepts various payment methods, including credit cards, bank transfers, and other payment gateways. By providing payment information, you authorize Varexe to charge the applicable fees using the selected payment method.
- Late Payments:If payment is not received by the due date, Varexe reserves the right to suspend or terminate your access to the Services until payment is made. Late payments may incur additional charges or interest.
- Refunds:Refunds may be issued at Varexe’s discretion and in accordance with the specific refund policy applicable to the service purchased.
Special Terms for Website Design & Development Services:
- Upfront Payment:Clients are required to pay 50% of the total project cost upfront before the commencement of any website design or development work.
- Responsiveness:Clients must remain responsive throughout the project to ensure timely delivery. Delays in providing necessary feedback, content, or approvals may result in project delays.
- Project Continuity:If the project is held or paused by the client for more than one year, the project will be considered terminated, and no refunds will be issued.
5. Service Availability and Modifications
Varexe strives to maintain the availability and performance of our Services, but we cannot guarantee uninterrupted access. The following conditions apply:
- Service Uptime:While we aim to provide a high level of service availability, Varexe does not guarantee 100% uptime. Scheduled maintenance, updates, or unforeseen circumstances may result in temporary service interruptions.
- Service Modifications:Varexe reserves the right to modify, update, or discontinue any part of the Services at any time. We will provide notice of any significant changes, but minor updates may occur without prior notice.
6. Intellectual Property Rights
All intellectual property rights in and to the Services, including but not limited to software, designs, content, logos, and trademarks, are owned by Varexe or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes. You agree not to:
- Copy, Modify, or Create Derivative Works:You may not copy, modify, distribute, or create derivative works based on any part of the Services without our explicit written consent.
- Reverse Engineering:You may not reverse engineer, decompile, or disassemble any software provided as part of the Services, except to the extent permitted by applicable law.
7. User Content
If you upload, submit, or otherwise provide any content (including but not limited to text, images, code, or other data) to Varexe as part of using our Services (“User Content”), you retain ownership of your User Content. However, by providing User Content, you grant Varexe a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, and distribute your User Content for the purposes of operating, improving, and providing the Services.
You represent and warrant that:
- Ownership and Rights:You have all necessary rights to upload and share your User Content, and it does not infringe on any third-party rights.
- Compliance:Your User Content complies with all applicable laws and regulations, and does not contain any harmful, offensive, or illegal material.
8. Confidentiality
Varexe recognizes the importance of maintaining the confidentiality of your business information. We agree to:
- Confidential Information:Treat any non-public information you provide as confidential, including business plans, technical data, and other proprietary information.
- Use of Confidential Information:Use your confidential information solely for the purpose of providing the Services, and not disclose it to any third party without your consent, except as required by law.
9. Data Protection and Privacy
Varexe is committed to protecting your personal data. Our Privacy Policy outlines how we collect, use, and protect your personal information. By using our Services, you agree to our data collection and processing practices as described in the Privacy Policy.
10. Third-Party Services
Our Services may include integrations with third-party services. While Varexe takes care to work with reputable partners, we are not responsible for the practices, content, or performance of third-party services. Your use of third-party services is subject to the terms and conditions of those services.
11. Limitation of Liability
To the maximum extent permitted by law, Varexe and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, data, or business opportunities, arising out of or in connection with your use of the Services. In any event, Varexe's total liability to you for any claim arising under these Terms & Conditions or your use of the Services shall be limited to the amount you paid for the Services in question.
12. Indemnification
You agree to indemnify, defend, and hold harmless Varexe, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Services, your violation of these Terms of Services, or your infringement of any third-party rights.
13. Termination and Suspension
Varexe reserves the right to terminate or suspend your access to the Services at any time, with or without notice, for any conduct that we believe violates these Terms of Services, harms other users, or threatens the integrity of our Services. Upon termination, your right to use the Services will immediately cease. If your account is terminated for cause, you are not entitled to a refund of any fees paid.
14. Governing Law and Dispute Resolution
These Terms of Services are governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms of Services or the Services shall be resolved through:
- Negotiation:The parties will first attempt to resolve the dispute informally through good-faith negotiations.
- Arbitration:If the dispute cannot be resolved through negotiation, it shall be settled by binding arbitration in Toronto, Ontario, conducted in English, under the rules of the applicable arbitration body.
- Court Jurisdiction:If arbitration is not applicable, the parties agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario.
15. Force Majeure
Varexe shall not be liable for any delay or failure to perform its obligations under these Terms of Services due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, labor disputes, governmental actions, internet outages, or any other events of force majeure.
16. Severability
If any provision of these Terms of Services is found to be invalid or unenforceable, that provision shall be severed from the rest of the terms, which will remain in full force and effect.
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