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Terms of use are a set of rules and guidelines that dictate how users can legally use a website or service.
These Terms of Use govern your use of our website and services as a web developer company. By using our website or services, you agree to be bound by these terms.
Use of Our Website and Services:
You may use our website and services for lawful purposes only. You may not use our website or services to violate any laws, regulations, or third-party rights. You may not use our website or services to distribute or transmit any viruses, malware, or other harmful content.
Intellectual Property:
All content and materials on our website, including text, graphics, logos, icons, images, audio, video, and software, are the property of our website developer company or our affiliates and are protected by copyright, trademark, and other intellectual property laws. You may not use any content or materials on our website without our prior written consent.
Third-Party Content:
Our website may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for any third-party content or services. You access third-party content at your own risk.
User-Generated Content:
Our website may allow users to post, upload, or submit content, such as reviews or comments. You are solely responsible for any content you post or submit to our website. You grant us a non-exclusive, royalty-free, transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display any user-generated content on our website or services.
You represent and warrant that you have all necessary rights to post or submit any content to our website and that your content does not infringe any third-party rights or violate any laws or regulations.
Limitation of Liability:
To the maximum extent permitted by law, our website developer company and its affiliates, employees, agents, and service providers shall not be liable for any damages, including direct, indirect, incidental, special, consequential, or punitive damages arising from your use of our website or services.
Indemnification:
You agree to indemnify, defend, and hold harmless our company and its affiliates, employees, agents, and service providers from any claims, damages, losses, liabilities, or expenses arising from your use of our website or services, your violation of these terms, or your infringement of any third-party rights.
Modification of these Terms:
We may modify these Terms of Use at any time in our sole discretion. You are responsible for regularly reviewing these terms to stay informed of any changes. Your continued use of our website or services after any changes to these terms shall constitute your acceptance of the modified terms.
Termination:
We may terminate or suspend your access to our website or services at any time without notice or liability. You may also terminate your use of our website or services at any time by ceasing to use our website or services.
Governing Law:
These Terms of Use shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law.
Contact Us:
If you have any questions or concerns about these Terms of Use, please contact us at legal@delcoware.com.
Purpose
The purpose of this policy is to establish guidelines for creating and publishing content and media on behalf of Delcoware’s clients. The policy aims to clarify Delcoware’s position regarding the creation of website content and media and to outline the company’s limited liability with respect to the use and distribution of that content.
Responsibilities
All employees and contractors involved in creating, reviewing, and publishing content and media on behalf of Delcoware’s clients are responsible for complying with this policy. The responsibility for the final approval of content and media lies with the client, not Delcoware. Delcoware reserves the right to decline or discontinue any work that does not comply with this policy.
Content Creation
Liability
Delcoware assumes no liability for the content or media created on behalf of the client. This includes any legal pages such as terms of use, privacy policy, cookie policy, or any other policies created for the client. The client is solely responsible for reviewing and approving all content and media created on their behalf and assumes full responsibility for any liability arising from the use of that content. Delcoware is not liable for any errors, omissions, or inaccuracies in the content or media created on behalf of the client. The client agrees to indemnify and hold Delcoware harmless from any claims, damages, or expenses arising from the use or distribution of the content or media created on their behalf.
Termination
Delcoware reserves the right to terminate any project if the client fails to comply with this policy or if the content or media created on behalf of the client is deemed inappropriate or offensive. In such cases, Delcoware will not be liable for any damages or expenses incurred by the client. The client will be responsible for paying any fees and expenses incurred up to the point of termination.
Purpose
The purpose of this policy is to establish guidelines for sharing and handling passwords that clients provide to Delcoware for the purpose of building and maintaining their websites and associated services. The policy aims to ensure that clients’ passwords are protected and that Delcoware is not held responsible for any unauthorized access or misuse of these passwords.
Password Sharing
Passwords must be provided to Delcoware by the client in a secure and confidential manner, either through a password manager tool or by other secure means or in our portals. Passwords should only be shared on a need-to-know basis with authorized Delcoware employees or contractors who require access to the client’s website and associated services. Delcoware employees and contractors are required to keep passwords confidential and not to share them with any unauthorized parties. Passwords must not be stored in any unsecured or easily accessible location, including but not limited to email, chat, or cloud-based storage services.
Client Responsibility
The client is responsible for ensuring that passwords provided to Delcoware are accurate, up-to-date, and valid. The client must promptly inform Delcoware of any changes to passwords or accounts that could affect the work being done on their website or associated services. The client is responsible for promptly revoking any access provided to Delcoware once the work on their website or associated services is completed. The client must ensure that all passwords comply with their own password policies and requirements.
Liability
Delcoware assumes no liability for any unauthorized access or misuse of passwords that were shared by the client. The client is solely responsible for the security and protection of their passwords and accounts. Delcoware is not responsible for any loss or damage resulting from the client’s failure to comply with this policy or any other related policies or procedures. Delcoware will not be held liable for any damages or expenses incurred by the client resulting from the termination of a project or revocation of access to any password or account.
Termination
Delcoware reserves the right to terminate any project or revoke access to any password or account at any time if the client fails to comply with this policy or any other related policies or procedures. Delcoware will not be held liable for any damages or expenses incurred by the client resulting from the termination of a project or revocation of access to any password or account.
Compliance
All employees and contractors involved in the handling of passwords must comply with this policy. This policy is subject to periodic review and updates as needed to ensure continued compliance with best practices and industry standards for password security and protection. Any violations of this policy should be reported to Delcoware management immediately.
Indemnification
The client agrees to indemnify, defend, and hold harmless Delcoware, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to any unauthorized access or misuse of passwords or accounts that were shared by the client. The client acknowledges and agrees that they assume all risks associated with the sharing of passwords and accounts with Delcoware.
Governing Law
This policy shall be governed by and construed in accordance with the laws of the jurisdiction where Delcoware is located. Any disputes arising out of or related to this policy shall be resolved in accordance with the dispute resolution process outlined in the contract between Delcoware and the client.
Limitation of Liability
Delcoware shall not be liable to the client, or any third-party, for any damages, including but not limited to, lost profits, lost savings, or other incidental, consequential, or special damages arising out of or in connection with any services provided under this agreement, even if Delcoware has been advised of the possibility of such damages.
In no event shall Delcoware’s liability exceed the total amount paid by the client for the services provided under this agreement. The client acknowledges that the limitations of liability in this agreement are a reasonable allocation of risk between the parties and reflect the pricing and other terms and conditions set forth in this agreement.
Delcoware shall not be liable for any delay or failure in performance of its obligations under this agreement resulting from acts of God, fire, flood, war, terrorism, government action, labor conditions, power failures, or any other cause beyond its reasonable control.
The client agrees to indemnify, defend, and hold harmless Delcoware, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to the client’s use of the services provided under this agreement.
These limitations of liability clause shall survive the termination of this agreement.
We want you to be completely satisfied with our services. This Refund Policy outlines our refund policy for our company.
Refund Eligibility:
To be eligible for a refund, you must meet the following criteria:
Refund Process:
If you meet the eligibility criteria for a refund, we will issue a refund to you. We may require additional information from you to process the refund.
Refund Amount:
The refund amount will be determined by our company on a case-by-case basis. In general, we will refund the full amount of the service fee if we are unable to resolve the issue or problem to your satisfaction.
Exceptions:
The following situations are not eligible for a refund:
Modification of this Policy:
We may modify this Refund Policy at any time in our sole discretion. You are responsible for regularly reviewing this policy to stay informed of any changes. Your continued use of our website or services after any changes to this policy shall constitute your acceptance of the modified policy.
This Liability Policy outlines the terms of liability and responsibility of our company for the use of our website and services. By using our website or services, you agree to be bound by these terms.
Limitation of Liability:
Our company is not liable for any damages or losses resulting from your use of our website or services. We do not guarantee that our website or services will be error-free or uninterrupted. You use our website and services at your own risk.
Indemnification:
You agree to indemnify and hold our company, its officers, directors, employees, and agents harmless from any claims, damages, losses, or expenses arising from your use of our website or services. This includes any claims related to the content you post on our website or services.
Third-Party Services:
Our company may use third-party services or products on our website or services. We are not liable for any damages or losses resulting from your use of these third-party services or products.
Disclaimer:
Our company disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that our website or services will meet your requirements or be error-free.
Intellectual Property:
All intellectual property rights in our website and services, including but not limited to copyright, trademarks, and patents, are the property of our company. You may not use any intellectual property of our company without our prior written consent.
Modification of this Policy:
We may modify this Liability Policy at any time in our sole discretion. You are responsible for regularly reviewing this policy to stay informed of any changes. Your continued use of our website or services after any changes to this policy shall constitute your acceptance of the modified policy.
At DelcoWare, we strive to provide our clients with high-quality software development services. Our payment policy is designed to ensure that our clients are satisfied with our services and that our business operates smoothly. Please read the following payment policy carefully:
Deposits: Once we have provided a sample draft of the software development project to our client, we require a deposit payment to begin work on the project. This deposit is non-refundable and is due within five business days of the sample draft being approved.
Retainer Payment: After the deposit has been received, we will send our client a link to make a retainer payment. This payment will be used to reserve our client’s spot on our schedule and will be applied toward the remaining balance of the project.
Payment Method: We save the payment method provided by our client for the retainer payment and use it for the remaining balance once the project is completed. If the payment method changes, the client must notify us immediately.
Remaining Balance: The remaining balance of the project is due upon completion of the project. We will provide an invoice to our client at this time.
Late Payment: Any payment that is not received within 30 days of the invoice date will be considered late. A late fee of 5% of the total project cost will be added to the balance due for each 30-day period that payment is not received, up to the maximum amount allowed by governing law per month. If the late fee is not enforceable, we reserve the right to charge the maximum amount allowed by governing law.
Refund Policy: If we are unable to complete the project due to unforeseen circumstances or our inability to meet the project requirements, we will refund any payments made by the client, except for the non-refundable deposit.
We hope that our payment policy is clear and transparent. If you have any questions, please feel free to contact us at any time. Thank you for choosing DelcoWare for your software development needs.
Effective Immediately Upon Subscription
This Mobile Service Agreement (“Agreement”) is entered into between DelcoWare Technologies Inc. (“DelcoWare,” “We,” “Us,” or the “Company”) and the Subscriber (“You,” “Your”). Mobile services are provided through TELUS Mobility (“Mobile Service Provider”), under DelcoWare’s corporate account framework.
This Agreement becomes effective immediately when You subscribe to a DelcoWare mobile plan, submit Your payment information, activate the service, or use the service in any capacity.
By proceeding with Your subscription, You acknowledge that You have read, understood, and agree to be fully bound by all terms and conditions in this Agreement. Use of the service constitutes legal acceptance and does not require a handwritten signature.
“Mobile Service Plan” refers to the telecommunications services provided through DelcoWare’s corporate agreement with TELUS Mobility.
“Device” refers to any handset, SIM card, or equipment issued under the plan.
“Corporate Discount” refers to the reduced pricing available exclusively through DelcoWare’s corporate program.
“Payment Processor” refers to Stripe, which manages all billing and recurring payment functions.
DelcoWare offers discounted mobile plans through an authorized business relationship with TELUS. DelcoWare is not a subsidiary, affiliate, or partner of TELUS outside this arrangement.
TELUS does not manage Your billing, refunds, eligibility, support inquiries, or subscription status. All financial and administrative matters are solely handled by DelcoWare. TELUS cannot assist with account issues related to DelcoWare customers.
You may only subscribe to this corporate plan if You meet the eligibility criteria established by DelcoWare. Eligible groups may include employees, contractors, partners, or authorized associates.
DelcoWare may request proof of eligibility at any time. Failure to provide satisfactory evidence may result in the removal of Your corporate discount or termination of service.
You may not resell, transfer, or extend corporate plan access to unauthorized individuals.
You agree to comply with all applicable TELUS Mobility terms, acceptable use policies, data guidelines, and network rules as posted on www.telus.com. These policies operate alongside this Agreement.
Failure to comply may result in suspension or termination at the discretion of either DelcoWare or TELUS.
You agree to pay all monthly plan fees, usage charges, administrative fees, device-related fees, data overages, and any additional service fees associated with Your subscription.
Payments are processed automatically and securely through Stripe. You authorize DelcoWare to store Your payment details and automatically charge Your payment method for recurring fees.
A late fee of 5% of the outstanding balance or $25 (whichever is greater) applies when payment fails. If payment is not resolved within 30 days, Your service may be suspended or terminated.
You are responsible for all costs incurred in collecting unpaid balances, including legal and collection agency fees.
All payments are final sale. Monthly plan fees, setup fees, administrative fees, and partial months are non-refundable.
Service is billed in full monthly cycles and is not prorated for early termination, upgrades, downgrades, suspensions, or changes.
7.1 Subscriber-Initiated Termination
You may terminate at any time by submitting written notice to DelcoWare. All outstanding balances must be paid in full prior to termination processing.
7.2 DelcoWare-Initiated Termination
DelcoWare may suspend or terminate service for reasons including non-payment, fraud, misuse, ineligibility, policy violations, or harmful network behavior.
Termination does not eliminate Your financial responsibility for unpaid balances.
All devices, SIM cards, and equipment provided under this plan remain the property of DelcoWare or TELUS. Equipment must be returned within ten (10) days of termination in reasonable condition (normal wear and tear accepted).
Unauthorized SIM swaps, device modifications, or use of incompatible devices may lead to immediate suspension.
Replacement or damage fees may apply for any lost, stolen, or non-returned equipment.
If Your device or SIM card is lost, stolen, or damaged, You must notify DelcoWare and TELUS immediately. You are responsible for all usage charges incurred prior to reporting.
Replacement fees may apply based on device type and condition.
You may port Your number into the plan in accordance with TELUS and CRTC guidelines.
Port-out requests will only be approved once:
Delays may occur if these conditions are not met.
You agree to use the service only for lawful, legitimate purposes.
Prohibited uses include:
Violation may result in immediate termination.
Your plan may include a defined monthly data allowance. Once exceeded, additional charges may apply.
All unlimited plans are subject to a 50 GB fair use limit. After 50 GB, DelcoWare may:
Data-intensive activities such as streaming, tethering, large downloads, and cloud backups may quickly consume Your allowance. Monitoring Your usage is Your responsibility.
International roaming is not included unless explicitly stated. Roaming charges accumulate at premium rates, and alerts are not guaranteed.
You assume full responsibility for all roaming charges, even if incurred unintentionally.
You must secure Your device using reasonable measures such as passwords or biometric locks. Avoid storing sensitive information without proper safeguards.
In case of theft or loss, immediate notification is required to prevent unauthorized access or usage.
911 service availability is dependent on device functionality, network conditions, geographic limitations, and service availability. TELUS and DelcoWare cannot guarantee accurate location transmission or uninterrupted access to emergency services.
You acknowledge that mobile 911 may be unavailable during outages or device failures.
DelcoWare may monitor usage patterns to ensure compliance with fair use rules, TELUS network protection obligations, and this Agreement.
If misuse, excessive consumption, or policy violations are detected, DelcoWare may suspend, throttle, limit, or terminate Your service without prior notice.
Investigations may result in temporary or permanent service restrictions.
The mobile service is provided strictly on an “as is” and “as available” basis. DelcoWare does not warrant:
Network performance may vary due to congestion, maintenance, coverage limitations, or external conditions.
DelcoWare is not liable for any direct, indirect, incidental, consequential, special, or punitive damages stemming from service use. This includes loss of profit, business disruption, data loss, missed communications, or network outages.
Total liability is strictly limited to the amount You paid in the twelve (12) months prior to the claim event.
You agree to indemnify and hold harmless DelcoWare, its employees, officers, and partners from claims, damages, costs, liabilities, and legal fees arising from:
DelcoWare collects personal information necessary to provide, bill, and maintain the service. This may include Your name, contact details, billing information, device identifiers, and usage statistics (not content).
Your data will only be used for service delivery, compliance, account management, or where required by law.
You may withdraw consent at any time; however, doing so may result in service termination if required information cannot be retained.
DelcoWare uses Stripe to process payments securely. You agree to Stripe’s Terms of Service and Privacy Policy.
Your payment information may be stored by Stripe to facilitate recurring charges. DelcoWare is not responsible for payment delays or errors caused by Stripe.
DelcoWare may modify this Agreement, pricing, or service features with at least 30 days’ written notice. Continued use of the service after notice constitutes acceptance of updated terms.
This Agreement is governed by the laws of Ontario, Canada. Any disputes shall be resolved through binding arbitration administered by the Canadian Arbitration Association, held in Toronto, Ontario, in English.
This Agreement represents the complete understanding between You and DelcoWare regarding Your mobile service. It supersedes all previous communications or agreements.
This Agreement is effective immediately upon subscription, payment submission, or first use of the service. Continued use confirms Your acceptance of all terms.
Effective as of the purchase of the product, welcome to DelcoWare’s WordPress Hosting service. By using our WordPress Hosting services, you agree to comply with and be bound by the terms and conditions outlined in this Terms of Use Policy. Our services are resold from GoDaddy, and customers are also subject to GoDaddy’s terms and conditions, which can be found at https://www.godaddy.com/en-ca/legal/agreements. It is your responsibility to review and comply with GoDaddy’s terms and conditions. DelcoWare provides WordPress Hosting services, makes reasonable efforts to ensure service availability, and offers customer support for inquiries and issues. As a user, you are responsible for account security, content compliance with laws and regulations, maintaining backups, and prohibited activities. DelcoWare may impose limitations to ensure fair usage and security, and may suspend or terminate your service for violations. Payment and billing terms are as agreed upon during the purchase, with DelcoWare reserving the right to update pricing or billing terms with prior notice. Your data and privacy are protected in accordance with our Privacy Policy, available on our website. You have the right to terminate your service, and DelcoWare may update this policy with notice of significant changes.
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