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Terms and Conditions 

Your use of the Cybertect website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the website.

Acceptance of Terms and Conditions

Your use of the Cybertect website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the website.

Technical Processing and Transmission

You acknowledge and agree that the technical processing and transmission of the website, including your content and any other content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and that such content may be subject to "caching" or other technical processing or transmission policies and procedures by us or at intermediate locations on the Internet.

Acknowledgment and Acceptance

Using the website constitutes acknowledgment and acceptance of all terms and conditions.

Trademarks

Cybertect and all other Cybertect related trademarks and design marks displayed on the Cybertect website (collectively, the "Trademarks") are registered and common law trademarks of Cybertect. Other trademarks and design marks appearing on this website are trademarks of their respective owners.

Amendments

Amendments to these Terms and Conditions may be made from time to time, including, but not limited to, all content, without notice to you. Continued use of the website after any such amendment will constitute your acceptance of the changes.

License to Use Website

We grant to you a non-exclusive, non-transferable, limited license to use the website in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you are reserved by us and, if applicable, our licensors.

Limitations and Liability

Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these terms and conditions, such exclusions and limitations will not apply to you strictly to the extent necessary to make these terms and conditions consistent with such prohibitions. If any provision of these Terms and Conditions is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof will continue in full force and effect.

Account Ownership

All login names and passwords remain the property of Cybertect, and may be cancelled or suspended at any time by Cybertect without any notice or liability to you or any other person.Cybertect  is not under any obligation to verify the actual identity or authority of the user of any login name or password.

Legal Rights and Ability

You warrant that you possess the legal right and ability to agree to these Terms and Conditions and use the website in accordance with them. If you are using the website on behalf of a corporation or other organization, you represent and warrant that you have the authority to agree to these Terms and Conditions on behalf of such organization, and all references to “you” throughout these Terms and Conditions will include such organization, jointly and severally with you.

Account and Security

If your use of the website requires an account identifying you as a user of the website (an “Account” or “Login”), you are solely responsible for:

  • The maintenance, confidentiality, and security of your Account and all passwords related to your Account.

  • Any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.

You agree to immediately notify us of:

  • Any unauthorized use of your Account, any service provided through your Account, or any password related to your Account.

  • Any other breach of security with respect to your Account or any service provided through it.​

Waiver

Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right.

Indemnity

You shall indemnify and save harmless Cybertect, and any Third Parties, and their respective officers, directors, employees, consultants, representatives, and agents from and against any claim, cause of action, or demand, including without limitation reasonable legal, accounting, and other professional fees, brought as a result of your use of the Cybertect website.

Links to Third-Party Websites

The Cybertect website may contain links to websites owned or operated by other entities which are not associated or affiliated with Cybertect . These links are provided solely as a convenience to you, and the inclusion of any link does not imply endorsement, investigation, or verification by Cybertect of the linked website or information contained therein. Cybertect will not be responsible for the content of any other linked website and makes no representation or warranty regarding any other websites or the contents on such websites. If you decide to access other websites, you do so at your own risk.

Acceptable Use

Without limiting the generality of any other restriction in these Terms and Conditions, you agree that you will not, in connection with the website, directly or indirectly do or permit any of the following:

  • Post, upload, reproduce, distribute, or otherwise transmit any content that is unauthorized, unsolicited, contains a virus, is defamatory, infringing, unlawful, or inappropriate.

  • Engage in threats, harassment, intimidation, stalking, or abuse.

  • Scan or probe another computer system, obstruct or bypass computer identification procedures, or engage in unauthorized computer or network trespass.

  • Forge headers or otherwise manipulate protocols or identifiers.

  • Impersonate or falsely represent your association with any person.

  • Disrupt or threaten the integrity, operation, or security of any website, computer, or Internet system.

  • Sublicense, share, resell, reproduce, copy, distribute, or exploit any portion of, use of, or access to, the website.

  • Extract, gather, collect, or store personal information about others without their express consent.

Language

The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Independent Contractors

The relationship between Cybertect and you will be that of independent contractors, and neither of us nor any of our respective officers, agents, or employees will be held or construed to be partners, joint ventures, fiduciaries, employees, or agents of the other as a result of these Terms and Conditions or your use of the Cybertect website.

Advertising

We reserve the right to insert advertising data into the website, as long as this does not involve our transmission of any of your personal information contrary to the Privacy Statement.

Suspension and Termination

Without limiting any of our rights, we may suspend, restrict, or terminate your use of the website without notice if, in our sole and absolute discretion, we determine or believe that you have violated any of the acceptable use rules set out above.

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We may, in our sole discretion, suspend, restrict, or terminate your Account and your use of the website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the website or our or any third party’s equipment or network is impaired by your use of the website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise, or information, of any suspension, restriction, or termination of your access to the website.

Intellectrual Property

The Cybertect website, its design, all text, graphics, content, video, audio, and the selection and arrangement thereof are the property of Cybertect , and/or its various subsidiaries, affiliates, Cybertect , third party providers, and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on the Cybertect website may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Cybertect and/or the applicable Third Parties.

Governing Law

This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the Cybertect website and these Terms and Conditions.

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Quoting and Estimating

For quoting or estimating purposes: All prices are plus applicable taxes. Invoicing will be done monthly and emailed to the email account you provide. Invoicing for labour will be 30 days. Cybertect reserves the right to change rates with 60 days' written notice. Termination of this service requires 60 days' written notice and can be initiated by either party. Upon termination, funds are not refunded or prorated. Transition services provided, in the case of termination of this service, will be done under time and materials rules for invoicing. Please note that any work done by any other person besides an employee of Cybertect, which Cybertect was not made aware of, and has an effect on the timelines or cost of any estimate, will be invoiced as over and above. Cybertect takes no responsibility for the lack of audit information when usernames are shared. A minimum of 0.5 hours will be added to the estimate should investigation of any products/software/services be required to ensure compatibility with your network. Cybertect takes no responsibility or liability for any breach of legislation regarding PHI or privacy which occurred due to the non-use of security protocols. Confirmation is required from you for the work described above. Please indicate any PO numbers to be used for this work.

​Definitions

"Content" means all materials and content, including designs, editorial, text, graphics, audiovisual materials, multimedia

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