1. Introduction
These Terms of Service govern your use of the website located at https://www.appliancenow.buzz and the computer systems design, computer integrated systems design and related professional and technical services provided by Appliance Now Inc., 1284 Gregory Court, OTTAWA - K1J 9B2, Canada (CA). By accessing the website or engaging our services, you agree to be bound by these terms. The services offered through this website are developed and operated by the developer ApplianceNow under the direction of Appliance Now Inc. Please read these terms carefully before using the website or entering into any agreement with us. If you do not agree with any provision, do not use the website or the services. These terms are intended to be fair to both sides, and we are always willing to discuss them with you directly.
2. Acceptance of These Terms
You accept these terms by visiting the website, submitting an inquiry, requesting a proposal or signing an agreement for services. Acceptance may be expressed by your conduct, by your signature, by electronic acceptance or by the act of using any service we provide. These terms form the entire agreement between you and Appliance Now Inc. regarding the use of the website and the delivery of services, unless a separate written agreement signed by both parties states otherwise. If any conflict arises between these terms and a signed statement of work, the signed document will prevail for the services it covers. We encourage you to print or save a copy of these terms for your records. If you use the website on behalf of an organization, you confirm that you have the authority to bind that organization.
3. Eligibility and Accounts
Our website and services are intended for businesses, organizations and individuals operating in a professional capacity. You must be at least eighteen years old and capable of entering into a binding agreement to use our services or to accept these terms. By agreeing to these terms, you confirm that the information you provide is accurate and that you have authority to act on behalf of the organization you represent. We reserve the right to decline to provide services to any person or organization at our discretion, subject to applicable law. If a service account is issued to you, you are responsible for keeping its credentials secure and for all activity that occurs under those credentials. Notify us immediately if you believe an account has been misused. We will never ask you for your password through email or telephone.
4. Description of Services
Appliance Now Inc. provides computer systems design services, computer integrated systems design services and related professional, scientific and technical services. These include systems design and architecture, data services, platform engineering, systems integration, cloud migration and managed care and support. Specific deliverables, timelines and responsibilities are described in a statement of work, proposal or agreement prepared for each engagement. Our services are provided on a project basis or on a recurring basis, as agreed in writing. We may engage subcontractors to perform parts of the work, provided that our obligations to you under the agreement remain unchanged. The exact scope of every engagement is defined in writing before work begins, and any change to scope is documented before it affects price or schedule. Descriptions of services on the website are for information only and do not by themselves form a binding offer.
5. Proposals, Quotes and Pricing
Pricing for our services is described in proposals, quotes and agreements prepared for each client. Each proposal states the scope, deliverables, timeline and fee structure for the work. Fees may be fixed for a defined scope or based on time and materials, as stated in the proposal. Additional work that falls outside the agreed scope may be quoted separately and will be performed only after you approve the quote. All prices are stated in Canadian dollars unless otherwise agreed. Taxes, duties and government fees are additional unless expressly stated in the proposal. A proposal is valid for the period indicated on the document and may be revised after that period expires. We will never begin billable work that you have not approved in writing, and we will explain any cost difference before it is incurred.
6. Payment Terms
Payment terms are stated in each proposal or agreement. Unless otherwise agreed, invoices are due within thirty days of the invoice date. For larger engagements, we may require an initial deposit before work begins, with the balance payable at agreed milestones. Late payments may incur interest at the rate permitted by law and may result in a suspension of services until the outstanding balance is settled. You agree to pay all fees, taxes and related charges described in the invoice. We may require advance payment for managed care programs on an annual or quarterly basis. In the event of a dispute over an invoice, you must raise it in writing within fifteen days of the invoice date, and we will review the matter promptly. Payment can be made by the methods listed on the invoice, and every payment is acknowledged in writing.
7. Client Responsibilities
You agree to provide accurate and timely information, access to systems, cooperation from your team and any approvals required to complete the work. Delays caused by missing information, unavailable access or late decisions may extend timelines and may result in additional charges. You are responsible for the accuracy of the content and configuration choices you provide. You agree to review deliverables promptly and to raise concerns within the review window stated in the agreement. You are responsible for maintaining the confidentiality of any credentials issued to your organization. We rely on the completeness and accuracy of the information you provide when we design and build your systems, and we will tell you if a gap in the information creates a risk. Good projects are a partnership, and your involvement is part of what makes the outcome reliable.
8. Intellectual Property Rights
Unless otherwise agreed, all designs, documentation, software, configurations, processes, methods and deliverables we create in the course of an engagement are the property of Appliance Now Inc. until payment is received in full. Upon full payment, the specific deliverables described in the agreement are licensed to you for your internal business use. We retain ownership of our tools, methodologies, frameworks and any preexisting intellectual property used to provide the services. You may not resell, redistribute or sublicense deliverables without our written consent. Where a deliverable incorporates open source components, the applicable open source license will govern those components. We retain the right to reuse general knowledge gained during an engagement, provided that reuse never discloses your confidential information. If you have a question about ownership of a specific deliverable, raise it before the work begins.
9. Client Data and Content
You retain ownership of the data and content you provide to us. We process client data only to deliver the services described in the agreement and as permitted by law. We will not disclose client data to third parties except where required to deliver the services, where required by law or where you have authorized the disclosure. We apply reasonable safeguards to protect client data during processing. You represent that you have the right to provide the data to us and that your data does not violate the rights of any third party. Upon termination of an agreement, we will return or delete client data as directed by you, subject to legal and archival requirements. Data handling details for managed services are described in the applicable service agreement. We treat your data as the most sensitive asset you entrust to us, and we build our processes around that assumption.
10. Acceptable Use
You agree not to use our website or services in any way that violates law or the rights of others. You may not attempt to gain unauthorized access to our systems, interfere with the operation of our infrastructure or use our website to distribute malicious software. You may not use our services to store, transmit or process unlawful content. You agree not to probe, scan or test the security of our systems without written authorization. You may not reverse engineer the website or attempt to bypass its controls. We may suspend or terminate access to any user who violates these rules. We cooperate with law enforcement and other authorities in the investigation of unlawful activity. If you become aware of any misuse involving our services, report it to us promptly so that we can act before harm occurs.
11. Confidentiality
Both parties agree to keep confidential any non public information obtained in the course of an engagement. Confidential information includes technical specifications, business plans, financial data, source code, credentials and any material marked confidential. Each party will use the confidential information of the other party only to perform obligations under the agreement. Confidential information will not be disclosed to third parties except to advisers and contractors who need it and who are bound to keep it confidential. This obligation continues after the agreement ends. Confidential information does not include information that is public at the time of disclosure, that later becomes public without fault or that was independently developed without use of the confidential information. If disclosure is required by law, the receiving party will give prompt notice so that the disclosing party can seek appropriate protection.
12. Warranties and Disclaimers
We warrant that the services will be performed in a professional and workmanlike manner and that deliverables will conform to the agreed specifications. This warranty is limited to ninety days following delivery of the relevant deliverable. Our entire liability and your exclusive remedy for a breach of this warranty is, at our option, to correct the non conforming work or refund the fees paid for that work. We do not warrant that any system will be free from all errors, that it will operate without interruption or that it will meet requirements we have not been asked to address. Services and deliverables are provided as is, except for the warranty described in this section. To the maximum extent permitted by law, all other warranties, express or implied, are disclaimed. We take pride in our work, and the warranty above reflects our confidence in the quality of what we deliver.
13. Limitation of Liability
To the maximum extent permitted by law, Appliance Now Inc. will not be liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost data, business interruption or cost of substitute services, arising out of or related to these terms or the services. Our total cumulative liability for all claims arising out of or related to an engagement will not exceed the amount you paid us for the services that gave rise to the claim during the six months before the claim arose. This limitation applies whether the claim is in contract, tort or otherwise. Certain jurisdictions do not allow the exclusion of certain damages, so some limitations may not apply to you. This section is a fundamental part of the bargain between us, and the fees for our services reflect this allocation of risk.
14. Indemnification
You agree to indemnify, defend and hold harmless Appliance Now Inc., its officers, directors, employees, contractors and agents from and against all claims, damages, losses, liabilities and expenses, including reasonable legal fees, arising out of or related to your use of the website or services, your breach of these terms or your violation of any law or the rights of any third party. We will notify you promptly of any claim subject to this section and give you the opportunity to control the defense at your expense. We will cooperate reasonably in the defense of any such claim. This indemnification obligation survives the termination of these terms. This section does not apply to claims that arise solely from our own negligent acts or omissions. We believe in fair responsibility on both sides, and this clause keeps that balance.
15. Termination
You may terminate an engagement by providing written notice in accordance with the agreement. We may terminate an engagement if you breach a material term and fail to remedy the breach within the cure period stated in the agreement. We may also terminate the provision of managed services with notice where continuation would violate law or create a significant risk to our operations. Upon termination, you are responsible for fees for services performed up to the date of termination and for the balance of any committed fixed fee, unless the agreement states otherwise. Sections concerning payment, intellectual property, confidentiality, limitation of liability and indemnification survive termination. Upon termination we will provide the transition support described in the agreement so that the change causes the least possible disruption to your business.
16. Changes to These Terms
We may update these Terms of Service from time to time. When we make changes, we will post the revised terms on this page and update the effective date at the top of the page. Material changes will be communicated through the website or by email where we have your contact details. Continued use of the website or services after the effective date of the revised terms constitutes acceptance of the revised terms. If a change is material and you do not agree with it, you may stop using the website and services and, where applicable, terminate your agreement in accordance with its terms. We encourage you to review these terms periodically so that you understand the current rules of our relationship. We will never apply a material change retroactively to work already completed.
17. Governing Law and Disputes
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or related to these terms or the services will be resolved through negotiation and good faith discussions first. If the dispute cannot be resolved within thirty days, the parties agree to submit the dispute to mediation in Ottawa, Ontario before pursuing any other remedy. If mediation does not resolve the dispute, the parties may pursue their legal remedies in the courts of Ontario. You consent to the exclusive jurisdiction of the courts located in Ottawa, Ontario. Nothing in this section prevents either party from seeking injunctive or equitable relief where urgent protection is required. We would always rather talk than litigate, and this clause reflects that preference.
18. Severability and Waiver
If any provision of these terms is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. An invalid provision will be interpreted, where possible, to give effect to the original intent of the parties. No failure or delay by either party in exercising any right under these terms operates as a waiver of that right. A single or partial exercise of a right does not prevent the later exercise of that right or any other right. No waiver of any provision is effective unless it is in writing and signed by the party against whom the waiver is sought. This section preserves the balance of the agreement even when a single clause fails. The headings in these terms are for convenience only and do not affect their meaning.
19. Contact Information
If you have questions about these Terms of Service, please contact us. Email: inquiry@appliancenow.buzz. Telephone: +18459935384. Postal address: Appliance Now Inc., 1284 Gregory Court, OTTAWA - K1J 9B2, Canada (CA). We will respond to your inquiry within a reasonable time. We appreciate clear communication and will work with you to resolve any concern directly before you take any further action. These terms, together with any signed agreement, form the complete understanding between you and Appliance Now Inc. regarding the website and the services. We thank you for reading this document, because a clear agreement is the foundation of a durable working relationship.