Terms of Service

Welcome to York IT Services. These Terms of Service ("Terms") govern your access to and use of our website (at www.yorkit.ca) and the IT services we provide to clients in Ontario, Canada. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

1. Services We Provide

York IT Services provides the following IT solutions to businesses in Ontario:

• Cybersecurity Services: Threat detection, incident response, security audits, and vulnerability assessments
• Cloud Solutions: Cloud infrastructure design, migration, deployment, and management
• VoIP Telecommunications: Business phone systems, SIP trunking, and unified communications
• Technical Support: IT helpdesk, network administration, and infrastructure maintenance
• IT Consulting: Strategic planning, technology assessments, and digital transformation advisory

2. Engagement and Quotes

Service engagements begin when you submit an inquiry through our website or contact us directly. We provide written quotes outlining the scope, timeline, and fees for proposed services. A service agreement or statement of work will be prepared for engagements exceeding $1,000, detailing specific deliverables, timelines, and payment terms.

3. Client Obligations

To enable us to deliver services effectively, you agree to:

• Provide accurate and complete information regarding your IT infrastructure and business requirements
• Grant reasonable access to systems, equipment, and documentation as required for service delivery
• Designate a primary contact authorized to make decisions related to the engagement
• Respond promptly to requests for information or approvals necessary for project progress
• Maintain appropriate backups of your data as a precaution against data loss

4. Fees and Payment

Fees for our services are outlined in the written quote or service agreement. Our standard payment terms are Net 30 from invoice date, unless otherwise specified. For projects, we may require an initial deposit of 25-50% before work begins, with progress billing for longer engagements. Late payments may incur interest at 1.5% per month (18% annually) on overdue balances.

All fees are quoted in Canadian dollars (CAD) and are subject to applicable taxes (HST 13% for Ontario).

5. Intellectual Property

Pre-Existing Materials: Any intellectual property owned by either party prior to the engagement remains the property of that party.

Work Product: Upon full payment, you will own the deliverables specifically created for your project ("Work Product"). We retain ownership of general methodologies, tools, templates, and know-how developed independently of your engagement.

Third-Party Software: Licenses for third-party software are governed by the respective vendor's license terms. We will assist in identifying appropriate licenses but are not responsible for compliance with vendor terms.

6. Confidentiality

Both parties agree to protect confidential information received from the other party. Confidential information includes business data, technical specifications, pricing, and customer information. This obligation survives the termination of the service agreement. Confidentiality does not apply to information that is publicly available, independently developed, or disclosed as required by law.

7. Warranties and Disclaimers

Our Services: We perform services using generally accepted industry standards. While we strive for excellence, we cannot guarantee that services will be error-free or that systems will be completely secure. We warrant that our personnel have the skills necessary to perform the services.

Website: Our website is provided "as is" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation: Except as expressly provided, we disclaim all other warranties to the maximum extent permitted by Ontario law.

8. Limitation of Liability

To the maximum extent permitted by law, York IT Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, loss of data, or cost of replacement services, arising from or related to our services or website, even if we have been advised of the possibility of such damages.

Our total liability for any claims arising from a single engagement shall not exceed the total fees paid for that engagement. This limitation does not apply to damages arising from our gross negligence or willful misconduct, or for bodily injury or death.

9. Indemnification

You agree to indemnify and hold harmless York IT Services from any claims, damages, losses, or expenses (including legal fees) arising from your use of our services in violation of these Terms, your breach of applicable laws, or your provision of inaccurate information.

10. Termination

Termination for Convenience: Either party may terminate a service agreement with 30 days' written notice. For projects, you may terminate upon payment for work completed up to the termination date.

Termination for Cause: Either party may terminate immediately if the other party breaches these Terms and fails to cure the breach within 15 days of written notice.

Effect of Termination: Upon termination, you must pay for all services rendered and expenses incurred through the termination date. Provisions relating to confidentiality, intellectual property, limitation of liability, and indemnification survive termination.

11. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, strikes, or failures of third-party telecommunications or power supply.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from these Terms or our services shall first be attempted to resolve through good-faith negotiation. If unresolved within 30 days, disputes may be referred to binding arbitration in Toronto, Ontario under the Arbitration Act, 1991 (Ontario). Notwithstanding the foregoing, either party may seek injunctive relief in the Ontario Superior Court of Justice to protect intellectual property or confidential information.

13. General Provisions

• Entire Agreement: These Terms, together with any written service agreement or quote, constitute the entire agreement between you and York IT Services regarding our services.
• Amendments: We may update these Terms by posting changes to our website. Your continued use after changes indicates acceptance of the updated Terms.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger or sale of our business.

14. Contact Information

For questions about these Terms or to report concerns, please contact us: