Terms of Use

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.

Content and Media Creation Policy

Purpose

The purpose of this policy is to establish guidelines for creating and publishing content and media on behalf of Delcoware Inc.’s clients. The policy aims to clarify Delcoware Inc.’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 Inc.’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 Inc. Delcoware Inc. reserves the right to decline or discontinue any work that does not comply with this policy.

Content Creation

Accuracy – All content should be accurate, up-to-date, and factually correct. Any claims, data, or statistics should be verified before publishing.
Relevance – All content should be relevant to the client’s products, services, or business. It should align with the client’s goals and objectives and be consistent with their branding and messaging.
Tone and Style – All content should be written in a professional and appropriate tone and style that reflects the client’s brand and voice. The content should not include any offensive, defamatory, or discriminatory language.
Plagiarism – All content should be original and not plagiarized from any other source. Delcoware Inc. reserves the right to verify the originality of the content and to take appropriate action if plagiarism is found. DelcoWare Inc. may use same/similar policies, wordings, media contents and structures across other clients projects.
Legal Compliance – All content must comply with applicable laws and regulations. Delcoware Inc. is not responsible for the legal compliance of the content or media created on behalf of the client. It is the client’s responsibility to ensure that the content and media comply with all applicable laws and regulations.
Intellectual Property – All content and media created on behalf of the client remain the client’s property. Delcoware Inc. does not claim any ownership or intellectual property rights over the content or media.

Liability

Delcoware Inc. 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 Inc. 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 Inc. harmless from any claims, damages, or expenses arising from the use or distribution of the content or media created on their behalf.

Termination

Delcoware Inc. 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 Inc. 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.

Credentials Sharing Policy

Purpose

The purpose of this policy is to establish guidelines for sharing and handling passwords that clients provide to Delcoware Inc. 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 Inc. is not held responsible for any unauthorized access or misuse of these passwords.

Password Sharing

Passwords must be provided to Delcoware Inc. 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 Inc. employees or contractors who require access to the client’s website and associated services. Delcoware Inc. 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 Inc. are accurate, up-to-date, and valid. The client must promptly inform Delcoware Inc. 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 Inc. 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 Inc. 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 Inc. 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 Inc. 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 Inc. 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 Inc. 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 Inc. management immediately.

Indemnification

The client agrees to indemnify, defend, and hold harmless Delcoware Inc., 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 Inc.

Governing Law

This policy shall be governed by and construed in accordance with the laws of the jurisdiction where Delcoware Inc. 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 Inc. and the client.

Limitation of Liability

Delcoware Inc. 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 Inc. has been advised of the possibility of such damages.

In no event shall Delcoware Inc.’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 Inc. 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.

These limitations of liability clause shall survive the termination of this agreement.

Refund Policy

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:

You must have purchased a service from us.
You must have reported the issue or problem with our service within 30 days of the service delivery.
You must have given us reasonable time and opportunity to resolve the issue or problem.

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:

You have changed your mind about the service or no longer require the service.
You have provided incorrect or incomplete information that resulted in an unsatisfactory outcome.
The issue or problem is outside the scope of our services.
You have violated our terms of use or engaged in any fraudulent or illegal activities.

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.

Liability 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.

Web Development Payment Policy

At DelcoWare Inc, 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 Inc for your software development needs.

Corporate Plan Policy

Agreement between DelcoWare Inc. (referred to as “Us” or “Company”) and the subscriber (referred to as “You”) who uses mobile services provided by TELUS Mobility (referred to as “Mobile Service Provider”).

As a subscriber of a corporate plan, you must comply with both our company’s policies and those of Mobile Service Provider, TELUS Mobility. We urge You to review TELUS Mobility’s policies at www.telus.com to ensure Your usage aligns with the expectations of both the companies. By doing so, You can maintain a professional and responsible approach while using the mobile service.

You agree to pay all fees and charges associated with the mobile service plan every month, according to the payment terms stated by us. Payment can be made through credit cards, debit cards, or other acceptable payment methods as specified by Us. Late payment can lead to a late fee of 5% of the total outstanding balance or $25, whichever is greater. If payment is not made within 30 days of the due date, we may suspend or terminate the service without prior notice. In such cases, You may be responsible for all costs related to collecting outstanding fees or charges, including legal fees and collection agency fees.

You can terminate the mobile service plan anytime by providing Us with written notice. Prior to terminating the plan, all outstanding fees or charges must be paid in full. On termination, you must return all devices or equipment provided by the Mobile Service Provider in reasonable condition, excluding reasonable wear and tear. We may terminate the plan at any time, providing written notice to You. If terminated by Us, all outstanding fees or charges must be paid in full by You within 30 days of receiving the notice.

You agree to use the mobile service plan only for lawful and legitimate purposes and to comply with all applicable laws, regulations, and policies. You cannot use the service for any illegal, fraudulent, or harmful activity. Prohibited activities include but are not limited to spamming, phishing, hacking, distributing malware or viruses, and engaging in any activity that may disrupt or interfere with the proper functioning of the Mobile Service Provider’s network or equipment. You must comply with TELUS Mobility’s acceptable use policy, which can be found at www.telus.com. If We detect any prohibited use, we reserve the right to suspend or terminate the mobile service plan immediately, and You may be held responsible for any damages or losses arising from such use.

As a subscriber of a corporate plan with TELUS Mobility, you must be aware of how Your data usage is regulated. Data usage is subject to TELUS Mobility’s data usage policy, which can be found at www.telus.com, as well as Our own policies regarding data usage. You are responsible for monitoring and managing Your own data usage and must not use excessive amounts of data that may negatively impact the Mobile Service Provider’s network or other users. The mobile service plan includes a monthly data allowance, and any usage beyond this allowance may result in additional charges. It is crucial to note that activities such as streaming videos or music, downloading large files, or using certain apps may consume large amounts of data quickly.

As a subscriber of our mobile service plan provided by TELUS Mobility, it is your responsibility to ensure the security of your device and data from any unauthorized access, theft, or loss. This can be achieved by using strong passwords and security settings, as well as avoiding the storage of sensitive or confidential information on the device. In the unfortunate event of theft or loss of your device, you must inform us and TELUS Mobility immediately to prevent any unauthorized access or use of your data.

We reserve the right to monitor your data usage and to take necessary actions in preventing or addressing any excessive or unauthorized usage, including the suspension or termination of your mobile service plan without prior notice. By using our service, you agree to adhere to all data usage policies and guidelines set by TELUS Mobility and our company, and to use our service in a responsible and appropriate manner. It is important to note that the maximum cap for all unlimited plans is 50 GB, and if this limit is exceeded, we will advise you to reduce your usage or pause it as per our decision.

As DelcoWare Inc., we do not provide any express or implied warranties or guarantees regarding the mobile service plan provided by TELUS Mobility. The service is provided “as is” without warranty of any kind, including the implied warranties of merchantability and fitness for a particular purpose.

By using our mobile service plan, you acknowledge that you do so at your own risk, and we shall not be held liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the service, including but not limited to damages for loss of profits, loss of business, or other economic loss, even if we have been advised of the possibility of such damages.

Disclaimer: DelcoWare Inc. does not guarantee uninterrupted, error-free, or virus-free mobile service plan. We shall not be held liable for any damages, losses, or liabilities arising from interruptions, errors, viruses, or any performance failure, delay, or transmission issues. We will not be responsible for any line or system failures that occur while using our mobile service plan.

By subscribing to our mobile service plan, the subscriber agrees to indemnify and hold DelcoWare Inc., its officers, directors, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, resulting from the subscriber’s use of the mobile service plan, including any breach of these terms and conditions or violation of any applicable law or regulation.

Our liability for any event leading to a claim will not exceed the total amount paid by the subscriber for the mobile service plan during the twelve-month period preceding the event.

This warranty and liability clause shall remain valid even after termination or expiration of the mobile service plan.

At DelcoWare Inc., we recognize the importance of safeguarding your personal information and are committed to ensuring its confidentiality and security. As a subscriber of TELUS Mobility’s mobile service plan, we may collect and use your personal information to provide you with the service and manage your account.

Your personal information, which may include your name, address, phone number, email address, billing information, and other details required to connect/provide you with the service, will be collected by us. Additionally, we may collect usage data, including data on calls made and received, text messages sent and received, and data usage.

We will only collect, use, and disclose your personal information for the purposes for which it was collected, and we will not share it with any third parties except as required by law or with your consent. We will take all reasonable measures to ensure that your personal information is accurate, complete, and up-to-date, and we will protect it from unauthorized access, use, and disclosure.

By using the mobile service plan, you consent to the collection, use, and disclosure of your personal information in accordance with this privacy clause. You may withdraw your consent at any time by contacting us in writing. However, please note that withdrawing your consent may result in the termination of the mobile service plan.

If you have any queries or concerns regarding the collection, use, or disclosure of your personal information, please contact us in writing. We will do our utmost to address your concerns and resolve any issues as expeditiously as possible.

We have selected Stripe as our payment processing service provider, and by using our services, you agree to be bound by Stripe’s terms and conditions, available at www.stripe.com. Stripe’s terms and conditions will govern your use of Stripe’s payment processing services, including your acceptance of any additional fees or charges imposed by Stripe.

You acknowledge and agree that we will share your transaction data with Stripe to facilitate the processing of your payments. Furthermore, you acknowledge and agree that Stripe may use and disclose your transaction data in accordance with its own privacy policy, which can be found at www.stripe.com/privacy.

We shall not be held responsible for any acts or omissions of Stripe, including without limitation any errors or delays in processing your payments, any losses or damages you may incur as a result of using Stripe’s services, or any fees or charges imposed by Stripe. You agree to indemnify and hold us harmless from any claims, damages, losses, liabilities, and expenses arising out of or in connection with your use of Stripe’s payment processing services.

By providing your credit card information for recurring bills, you authorize us to securely store your credit card information in our payment processor’s secure servers. This information will only be used for the purpose of processing recurring payments for the services you have chosen. We will take all reasonable precautions to protect your credit card information and comply with all applicable laws and regulations related to the storage and handling of such information. You may request that we delete your stored credit card information at any time by contacting us in writing.

This agreement constitutes the entire understanding between the subscriber and DelcoWare Inc. with respect to the mobile service plan provided by TELUS Mobility and supersedes all prior negotiations, understandings, and agreements, whether oral or written. Any amendments or modifications to this agreement must be in writing and signed by both parties.

This agreement shall be governed by and construed in accordance with the laws of the province of Ontario, without regard to its conflict of law provisions. Any disputes arising out of or in connection with this agreement shall be resolved through arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall be held in Toronto, Ontario, and the language of the arbitration shall be English.

The subscriber acknowledges that they have read and understood this agreement and agree to be bound by its terms and conditions. If the subscriber is an individual, they represent that they are at least 18 years of age and have the legal capacity to enter into this agreement. If the subscriber is a company or other legal entity, they represent that they have the authority to bind the entity to this agreement.

Please be advised that TELUS and DelcoWare Inc. have a business relationship, but are not affiliated beyond that. DelcoWare Inc. is offering discounted TELUS services to its employees, friends, and family members, and it is crucial to ensure that you are eligible for these services before making any payments. It is important to note that all payments will be processed directly by DelcoWare Inc. and not by TELUS. Additionally, please keep in mind that any outstanding or subscription payments will be charged automatically to the payment method saved on file by you.

WordPress Hosting Policy

Effective as of the purchase of the product, welcome to DelcoWare Inc.’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 Inc. 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 Inc. 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 Inc. 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 Inc. may update this policy with notice of significant changes.