Terms and Conditions

Welcome to SoftwareWOW!

These Terms and Conditions form a legally binding agreement between you (“Client” or “you”) and SoftwareWOW, a subsidiary or brand name of Sadat Alliance Corporation, an information technology service provider based in Ontario, Canada, (“we”, “us”, or “our”).
By using our services, you agree to these Terms and Conditions in full. If you disagree with these Terms and Conditions or any part of them, you must not use our services.

1. Services Offered

1.1.        Scope of Services

SoftwareWOW offers a comprehensive suite of information technology services (“Services”). These Services include, but are not limited to, custom software development, digital marketing, social media management, technology consulting, graphic design, motion graphic design, and video editing. The Services are designed to meet the varying needs of our clients, ranging from individuals and small businesses to large enterprises, whether located in Canada or internationally.

1.2.        Service Provision

The Services provided by SoftwareWOW are delivered remotely, leveraging the latest in technology and communications to engage with clients located in Canada, the United States, Europe, and other global locations. This remote delivery model is essential for providing flexible, efficient, and responsive service to our diverse client base.

1.3.        Customization and Tailoring

All Services offered by SoftwareWOW are subject to a process of customization and tailoring to meet the specific requirements of each client. This bespoke approach ensures that client needs are adequately identified and addressed through the strategic application of our expertise and resources.

1.4.        Use of Resources

SoftwareWOW reserves the unilateral right to employ any resources, including labor, tools, technologies, methodologies, and techniques, that it deems necessary or advantageous in the provision of Services. This includes the discretion to subcontract or delegate aspects of the Services to third parties, subject to the same standards of confidentiality and quality as applied to SoftwareWOW’s direct provision of Services.

1.5.        Client Obligations

Clients engaging with SoftwareWOW for the provision of Services agree to provide timely, accurate, and complete information and materials as reasonably required by SoftwareWOW for the performance of said Services. Clients further agree to cooperate in good faith with SoftwareWOW, facilitating the efficient and effective delivery of Services.

1.6.        Service Limitations

SoftwareWOW makes no representations or warranties regarding the comparison of its Services to those offered by other companies, either within Canada or internationally. The uniqueness and proprietary nature of SoftwareWOW’s Services are acknowledged, and no claim is made to equivalence or superiority in terms of quality or price relative to the broader market.

1.7.        Amendments to Services

SoftwareWOW reserves the right to modify, expand, or reduce the scope of Services offered at any time, based on evolving business strategies, market demands, or technological advancements. Clients will be notified of significant changes to Services that may affect ongoing or future engagements.

1.8.        Acceptance of Terms

By engaging SoftwareWOW for the provision of Services, clients acknowledge and agree to these Terms and Conditions in their entirety. This acceptance forms a binding legal agreement that governs the relationship between the client and SoftwareWOW concerning the provision of Services.

2. Service Delivery

2.1.        Quality and Comparison

SoftwareWOW commits to delivering high-quality information technology services tailored to the unique needs of each client. However, it is acknowledged that the quality, effectiveness, and prices of the Services provided by SoftwareWOW are based on our unique approach to service delivery, including the use of specific resources, tools, and methodologies. As such, SoftwareWOW does not guarantee that its Services will directly compare to or exceed those offered by other entities in the industry, either within Canada or internationally. Clients understand and agree that Services are provided on an “as is” and “as available” basis, with no express or implied warranties beyond those stated herein.

2.2.        Right to Refuse or Cancel Services

SoftwareWOW reserves the right, at its sole discretion, to refuse to provide Services to any potential client for any reason not prohibited by law. Reasons for refusal may include, but are not limited to, concerns regarding the legality of a project, its alignment with SoftwareWOW’s values, or potential technical infeasibility. Furthermore, SoftwareWOW may cancel ongoing Services if it determines that continued provision is untenable due to factors such as unforeseen technical challenges, client non-cooperation, or violation of these Terms and Conditions. Clients will be notified of any such cancellation in a timely manner.

2.3.        Disruptions and Delays

Clients acknowledge that the provision of Services may, from time to time, encounter disruptions or delays due to various factors, including but not limited to, technical issues, third-party service failures, or unforeseen complexities in project requirements. SoftwareWOW will endeavor to minimize such disruptions and to communicate promptly and transparently with clients regarding any significant delays or issues. However, SoftwareWOW shall not be liable for any damages, losses, or costs incurred by clients as a result of such disruptions or delays, except as may be provided for in specific service agreements.

2.4.        Mitigation and Resolution

In the event of a disruption or delay, SoftwareWOW will take reasonable steps to mitigate the impact on the client and to find a solution that allows for the continuation or completion of the Services. This may include, but is not limited to, reallocating resources, adjusting project timelines, or providing alternative solutions for consideration by the client. Clients are expected to cooperate with SoftwareWOW in such circumstances, including agreeing to reasonable adjustments or modifications to service expectations.

2.5.        Client Remedies

Should disruptions or delays result in a significant impact on the delivery of Services, clients may be entitled to remedies as specified in individual service agreements or as otherwise agreed upon by both parties. Any such remedies will be considered on a case-by-case basis and may include adjustments to service fees, extension of service delivery timelines, or other compensatory measures mutually agreed upon.

2.6.        Termination for Convenience

Both SoftwareWOW and the client retain the right to terminate the service agreement for convenience, subject to the terms and conditions outlined in individual service agreements, including any applicable notice periods and termination fees. Upon termination for convenience, clients will be liable for payment for all Services rendered up to the point of termination.

3. Payments and Refunds

3.1.        Payment Obligations

Clients engaging SoftwareWOW for the provision of information technology services agree to adhere to the specified payment terms for said services. This includes timely payment of invoices according to the agreed-upon schedule, whether services are billed on a project basis, hourly rate, or under a subscription model. Clients are responsible for providing accurate billing and contact information to SoftwareWOW and notifying the company of any changes to this information.

3.2.        Billing and Invoicing

SoftwareWOW shall issue invoices to clients for services rendered, detailing the services provided, the amount due, and the payment due date. Payment terms, including due dates and accepted methods of payment, will be specified in the service agreement or the initial project proposal. Unless otherwise agreed, payments are due upon receipt of the invoice.

3.3.        Refund Policy

General Policy: Due to the significant human effort and resource allocation involved in delivering our services, SoftwareWOW generally does not offer refunds for services rendered. However, SoftwareWOW is committed to client satisfaction and may consider requests for refunds on a case-by-case basis in exceptional circumstances.

Exceptional Circumstances: Refunds may be considered under exceptional circumstances, such as non-delivery of services due to factors wholly within SoftwareWOW’s control or significant deviation from the agreed-upon service deliverables that cannot be rectified through reasonable efforts. Such requests must be submitted in writing, detailing the basis for the refund request, within a specified period of maximum 14 days following the delivery of services or the occurrence of the issue prompting the refund request.

3.4.        Subscription Services

Subscription Model: SoftwareWOW offers services on a subscription basis, providing clients with ongoing access to a specified range of services for a recurring fee. Subscription terms, including the services included, the duration of the subscription, and the billing cycle, will be outlined in the subscription agreement.

Non-Refundable Payments: Payments for subscription services are generally non-refundable, reflecting the ongoing allocation of resources and access to services provided to the client under the subscription model. Clients commit to the subscription term specified in the agreement and are responsible for the full subscription fee, regardless of the level of usage of the services.

Exceptional Refund Requests: In rare and exceptional cases, SoftwareWOW may consider refund requests for subscription services, subject to specific conditions outlined at the time of subscription. Such conditions may include a satisfaction guarantee within a limited period following the commencement of the subscription. Any approved refunds may be subject to processing fees and may be issued in a manner and timeframe determined by SoftwareWOW.

3.5.        Modifications to Payment and Refund Policies

SoftwareWOW reserves the right to modify its payment and refund policies at any time. Changes will be communicated to clients in advance and will apply to future transactions and agreements following the effective date of such changes.

4. Limitation of Liability

4.1.        Scope of Liability

SoftwareWOW shall perform its services with reasonable skill and care, adhering to the professional standards applicable to the information technology services industry. However, clients acknowledge that the applicability and utility of technology services are subject to inherent risks and limitations. Accordingly, SoftwareWOW’s liability to clients or any third parties for any form of loss or damage arising out of or in connection with the services provided under these Terms and Conditions shall be limited as follows:

4.2.        Direct Losses

SoftwareWOW shall only be liable for direct losses that are reasonably foreseeable and directly attributable to a breach of its obligations under these Terms and Conditions. For the purposes of this agreement, “direct losses” are limited to the direct costs required to rectify or mitigate the breach, excluding any form of indirect, consequential, or incidental damages.

4.3.        Limitation on Amount

The total liability of SoftwareWOW for any and all claims arising out of or in relation to the services provided, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by the client to SoftwareWOW for the services giving rise to the claim in the twelve (12) months preceding the date on which the claim arose.

4.4.        Exclusion of Certain Damages

Under no circumstances shall SoftwareWOW be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, even if SoftwareWOW has been advised of the possibility of such damages.

4.5.        Force Majeure

SoftwareWOW shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond SoftwareWOW’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “force majeure” events such as natural disasters, acts of government, pandemic, acts of terrorism, civil disturbances, and any other acts or omissions outside of SoftwareWOW’s control).

4.6.        Client’s Responsibilities

Clients agree to take all reasonable steps to mitigate any damages or losses they may suffer in connection with the services provided by SoftwareWOW. This includes complying with all reasonable instructions and recommendations provided by SoftwareWOW regarding the use of the services.

4.7.        Acknowledgment and Agreement

By engaging the services of SoftwareWOW, clients acknowledge that they have read, understood, and agreed to the limitations of liability as described in this Term. Clients further agree that these limitations are an essential basis of the bargain between the parties and that SoftwareWOW would not enter into this agreement without these limitations on its liability.

5. Independent Contractor Status

5.1.        Definition of Relationship

SoftwareWOW provides its services as an independent contractor, not as an employee, partner, joint venturer, or agent of the client. This classification reflects the parties’ intention to create a business relationship based on the provision of specified services under the terms agreed upon in these Terms and Conditions, without creating any form of employment relationship or agency.

5.2.        Rights and Obligations

Autonomy of SoftwareWOW: As an independent contractor, SoftwareWOW retains the right to determine the method, details, and means of performing the agreed-upon services. While the client may specify or recommend desired outcomes, SoftwareWOW has the autonomy to decide how best to achieve those outcomes.

No Authority to Bind: SoftwareWOW does not have the authority to enter into contracts, make representations, or incur liabilities on behalf of the client unless explicitly authorized in writing by the client.

Tax and Employment Liabilities: SoftwareWOW is responsible for its own employment-related taxes, insurances, and benefits. The client is not responsible for withholding taxes or providing benefits or insurance that would typically be associated with an employer-employee relationship.

5.3.        Compliance with Laws

SoftwareWOW agrees to comply with all applicable laws and regulations in the performance of its services as an independent contractor, including those relating to business licensing, tax filing, and employment practices. Similarly, the client agrees to comply with all relevant laws and regulations in its dealings with SoftwareWOW.

5.4.        Indemnification

Both SoftwareWOW and the client agree to indemnify and hold each other harmless from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of the failure to fulfill any of their respective obligations related to the independent contractor status, including but not limited to obligations related to taxes, employment, and insurance.

5.5.        Acknowledgment of Status

Both parties acknowledge and agree that the independent contractor status is a fundamental aspect of their agreement and is not subject to change except by a written modification signed by both parties. This acknowledgment extends to any of SoftwareWOW’s employees, contractors, or subcontractors who may perform services for the client under the terms of the agreement.

6. Online Security

6.1.        Limitation of Capability

SoftwareWOW acknowledges the critical importance of online security in the provision and utilization of its information technology services. However, SoftwareWOW expressly states that it is not a cybersecurity service provider and, as such, does not possess specialized capabilities in cybersecurity. While SoftwareWOW commits to employing reasonable industry-standard measures to secure the services it provides, it does not guarantee complete immunity from online security breaches, cyber attacks, data loss, or unauthorized access to information.

6.2.        Client’s Responsibility

Clients bear the primary responsibility for safeguarding their digital assets, data, and other online resources associated with the services procured from SoftwareWOW. This responsibility includes, but is not limited to, implementing and maintaining robust cybersecurity measures such as firewalls, antivirus software, strong passwords, and encryption. Clients are also responsible for regularly updating and patching their systems and software to protect against security vulnerabilities.

6.3.        Reporting and Response to Security Incidents

In the event of a suspected or actual security breach or incident affecting services provided by SoftwareWOW, clients are required to promptly notify SoftwareWOW. Upon receiving notification of such an incident, SoftwareWOW will take reasonable steps to assist the client in mitigating the effects of the breach, consistent with SoftwareWOW’s capabilities and the scope of services provided. However, SoftwareWOW’s assistance in such circumstances does not constitute an acceptance of liability for the security incident.

6.4.        Data Protection

SoftwareWOW commits to adhering to applicable data protection laws and regulations regarding the collection, use, and storage of personal data. SoftwareWOW will take reasonable steps to ensure that personal data is handled securely and in accordance with the client’s instructions and applicable legal requirements. Clients are responsible for ensuring that their use of SoftwareWOW’s services complies with all relevant data protection laws, including those relating to the transfer of personal data.

6.5.        Exclusion of Liability for Online Security Breaches

Except as expressly provided in these Terms and Conditions, SoftwareWOW shall not be liable for any loss, damage, costs, or expenses arising directly or indirectly from any failure of online security, including cyber attacks, data breaches, loss of data, or unauthorized access to information. Clients acknowledge that they understand the risks associated with online activities and agree to take all necessary steps to mitigate such risks.

6.6.        Recommendations

While not providing cybersecurity services, SoftwareWOW may, from time to time, offer recommendations or advice regarding best practices for online security. Such recommendations are provided “as is” and without warranties of any kind, express or implied. Clients are advised to consult with professional cybersecurity experts for comprehensive security solutions.

7. Conduct and Communication

7.1.        Professional Interaction

SoftwareWOW is committed to maintaining a professional, respectful, and courteous environment for all interactions with clients, stakeholders, employees, and partners. Clients engaging with SoftwareWOW and its representatives are expected to adhere to similar standards of conduct. This includes, but is not limited to, communications conducted via email, phone, social media, and in-person meetings.

7.2.        Unacceptable Behaviors

Unacceptable behaviors include any form of harassment, abuse, discrimination, or disrespect towards SoftwareWOW staff or properties. This policy extends to any interactions involving SoftwareWOW’s employees, management, directors, partners, and vendors. SoftwareWOW takes such matters seriously and reserves the right to take appropriate action against any client or individual found to be engaging in such behaviors. This action may include termination of services, legal action, and/or reporting the behavior to relevant authorities.

7.3.        Communication Expectations

Clients and SoftwareWOW agree to engage in clear, timely, and constructive communication regarding the provision of services. This includes providing necessary feedback, notifying of any changes or issues, and responding to inquiries in a timely manner. SoftwareWOW commits to keeping clients informed about the progress of their projects and any factors that may affect service delivery.

7.4.        Decision Making

Clients acknowledge and agree to respect decisions made by SoftwareWOW’s employees, management, and directors regarding service provision, project management, and other aspects of the business relationship. These decisions are made based on the best interest of the project’s success and client satisfaction. Clients have the right to discuss and seek clarification on any decisions made, provided such discussions are conducted respectfully and constructively.

7.5.        Resolving Miscommunications

In the event of a miscommunication or disagreement, both parties agree to engage in good faith efforts to resolve the matter amicably. This includes the use of clear communication, providing detailed explanations of concerns, and being open to feedback and solutions. SoftwareWOW is dedicated to ensuring client satisfaction and will endeavor to address and resolve any issues promptly and effectively.

7.6.        Reporting Inappropriate Conduct

SoftwareWOW provides a mechanism for clients and employees to report inappropriate conduct or communication. Reports can be made confidentially and will be investigated thoroughly in accordance with SoftwareWOW’s policies. Retaliation against individuals who report inappropriate conduct is strictly prohibited.

8. Intellectual Property

8.1.        Ownership of Intellectual Property

All intellectual property rights in the materials, products, and services provided by SoftwareWOW, including software, designs, documentation, and any other materials created or used in the delivery of services, shall remain the sole and exclusive property of SoftwareWOW or its licensors. This includes any intellectual property created, developed, or otherwise coming into existence as a result of the services provided to clients.

8.2.        Client Use of Intellectual Property

Subject to the full and timely payment of all fees owed to SoftwareWOW, clients are granted a non-exclusive, non-transferable, limited right to use the intellectual property provided as part of the services solely for their internal business purposes. This right is conditional upon compliance with these Terms and Conditions, including any additional restrictions or usage guidelines specified by SoftwareWOW.

8.3.        Restrictions on Intellectual Property

Clients shall not modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile any intellectual property provided by SoftwareWOW, nor shall they sublicense, lease, sell, or otherwise transfer such intellectual property to any third party without the prior written consent of SoftwareWOW.

8.4.        Acknowledgment of SoftwareWOW Rights

Clients acknowledge that SoftwareWOW retains all rights, title, and interest in and to the intellectual property provided as part of the services, including any and all intellectual property rights arising therefrom. Clients agree not to take any action that jeopardizes SoftwareWOW’s proprietary rights or acquire any right in the intellectual property provided as part of the services, except for the limited use rights specified herein.

8.5.        Use of Client Intellectual Property

SoftwareWOW may require the use of the client’s intellectual property, such as logos, trademarks, or proprietary data, solely for the purpose of providing the agreed-upon services. Clients grant SoftwareWOW a limited, non-exclusive, revocable license to use such intellectual property for the duration of the service agreement.

8.6.        Confidentiality and Disclosure

Both parties agree to maintain the confidentiality of any proprietary or confidential information received from the other party during the course of service provision. Disclosure of such information shall be made only to employees, agents, or subcontractors who need to know the information for the purposes of providing or receiving the services and who are bound by confidentiality obligations.

8.7.        Protection of Intellectual Property

SoftwareWOW commits to taking reasonable steps to protect the intellectual property and proprietary rights developed during the provision of services. This includes employing industry-standard practices for safeguarding software, designs, and other intellectual property elements against unauthorized use, copying, or distribution.

9. Errors and Revisions

9.1.        Notification of Issues

Clients are required to notify SoftwareWOW in writing of any errors, issues, or deficiencies in the services or products provided, within ten (10) days following the delivery or completion of the service or product. The notification must include a detailed description of the observed problem and, where possible, evidence of the issue.

9.2.        Investigation and Response

Upon receipt of a notification of issues from a client, SoftwareWOW will undertake an investigation to determine the validity of the claim and the root cause of the problem. SoftwareWOW commits to responding to the client with initial findings and a proposed action plan within a reasonable timeframe, not to exceed fourteen (14) days from the receipt of the complaint.

9.3.        Resolution of Valid Issues

If SoftwareWOW determines that the reported issue is valid and directly attributable to its failure to meet the agreed-upon service or product specifications, SoftwareWOW will, at its discretion, take one or more of the following actions:

Correct the error or deficiency at no additional cost to the client.

Provide a workaround solution that addresses the issue effectively.

Offer a credit or discount on future services in compensation for the inconvenience caused, where direct correction is not feasible.

In exceptional circumstances and at SoftwareWOW’s discretion, offer a partial or full refund for the service or product in question.

9.4.        Limitations on Resolution

The remedies provided in Section 8.3 are contingent upon the client’s compliance with the notification requirements outlined in Section 8.1. Issues reported after the specified ten (10) day period may not be eligible for remedy. Furthermore, SoftwareWOW is not obligated to resolve issues arising from:

Client misuse, alteration, or unauthorized integration of the delivered service or product.

External factors beyond SoftwareWOW’s control, including third-party services or products, client hardware or software environment issues, or network connectivity problems.

Use of the service or product in a manner not prescribed or approved by SoftwareWOW.

9.5.        Continuous Improvement

SoftwareWOW is committed to continuous improvement of its services and products. Feedback and reports of issues from clients are valuable inputs to SoftwareWOW’s quality assurance and development processes. Clients are encouraged to provide constructive feedback beyond the formal issue reporting mechanism to aid in the enhancement of service and product offerings.

9.6.        No Waiver of Rights

The procedures and remedies specified in this Term 8 do not waive any other rights or remedies afforded to either party under these Terms and Conditions or applicable law. The obligations and rights set forth in this Term are in addition to, and not in substitution for, any other provisions of this agreement.

10. Non-Solicitation

10.1.     Scope of Restriction

For the duration of the agreement between SoftwareWOW and the client, and for a specified period thereafter (commonly one to two years), the client agrees not to solicit, hire, engage, or attempt to solicit, hire, or engage any employee, contractor, or consultant of SoftwareWOW without the prior written consent of SoftwareWOW. This restriction applies to individuals who are employed by or under contract with SoftwareWOW at any time during the term of the agreement, and it extends to any form of employment, consultation, or contracting arrangement, whether full-time, part-time, or freelance.

10.2.     Purpose of the Restriction

The purpose of this non-solicitation clause is to protect SoftwareWOW’s investment in its workforce, including the training, expertise, and industry knowledge that its employees, contractors, and consultants possess. By agreeing to this term, the client acknowledges the value of this intellectual capital and agrees to respect SoftwareWOW’s efforts to maintain its operational integrity and competitive edge.

10.3.     Exceptions

This non-solicitation term does not prohibit the client from hiring an employee, contractor, or consultant of SoftwareWOW who:

Independently approaches the client without any direct or indirect solicitation by the client.

Responds to a general hiring advertisement or solicitation not targeted specifically at SoftwareWOW’s employees, contractors, or consultants.

10.4.     Enforcement and Remedies

SoftwareWOW reserves the right to take appropriate legal action to enforce the provisions of this non-solicitation term, including seeking injunctive relief and/or damages for any breach of this term. The client agrees to compensate SoftwareWOW for any losses, damages, or expenses incurred as a result of such a breach, including reasonable legal fees.

10.5.     Acknowledgment

Both parties acknowledge that this non-solicitation term is a reasonable and necessary protection for SoftwareWOW’s legitimate business interests, including its intellectual property, client relationships, and investment in its workforce. The term is intended to balance the need to protect these interests with the rights of individuals to seek employment opportunities freely.

11. Limitation on Assignment

11.1.     Restriction on Transfer

The agreement entered into between SoftwareWOW and the client, including the rights, duties, liabilities, and obligations arising from these Terms and Conditions, shall not be assigned, transferred, delegated, or subcontracted by the client without the prior written consent of SoftwareWOW. This restriction ensures that the mutual understandings, expectations, and agreements are preserved between the original parties and are not inadvertently affected by a transfer to an entity or individual not party to the original agreement.

11.2.     Scope of Assignment Limitation

Clients: Clients may not assign their rights or delegate their obligations under this agreement to any third party without the explicit consent of SoftwareWOW. This includes, but is not limited to, transferring the agreement as part of a merger, acquisition, or sale of the client’s business assets.

SoftwareWOW: SoftwareWOW retains the right to assign certain rights or delegate its obligations under this agreement to subcontractors or affiliates as necessary to fulfill its contractual obligations, provided that SoftwareWOW remains responsible for the performance of the services and compliance with these Terms and Conditions.

11.3.     Consent for Assignment

Any attempt to assign, transfer, delegate, or subcontract the rights or obligations under this agreement without SoftwareWOW’s prior written consent shall be null and void. If SoftwareWOW grants its consent for an assignment or transfer, such consent will not be unreasonably withheld, but may be conditional upon the assignee’s agreement to abide by all terms and conditions of the original agreement.

11.4.     Successors and Assigns

This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. This ensures that the rights and obligations of the parties are preserved not only for the parties themselves but also for their legal successors, in accordance with the terms of the agreement.

11.5.     Notification and Approval Process

Request for Assignment: The client wishing to assign its rights or obligations under this agreement must submit a written request to SoftwareWOW, providing details about the proposed assignee and the reasons for the assignment.

Evaluation and Consent: SoftwareWOW will evaluate the request for assignment and respond within a reasonable timeframe. Consent for assignment may involve an assessment of the proposed assignee’s ability to fulfill the obligations under the agreement.

12. Survival

12.1.     Definition and Scope

Certain obligations and rights established in these Terms and Conditions are intended to continue in effect after the termination, expiration, or completion of the agreement between SoftwareWOW and the client. The survival of these terms is necessary to resolve any post-termination obligations, protect intellectual property, maintain confidentiality, and ensure compliance with applicable laws and regulations.

12.2.     Provisions that Survive

Confidentiality: Obligations related to the confidentiality of proprietary or sensitive information received during the term of the agreement will remain in effect for a defined period beyond the termination of the agreement, often indefinitely.

Intellectual Property Rights: Any provisions granting, limiting, or protecting intellectual property rights, including the rights and licenses granted to the client and restrictions on the use of SoftwareWOW’s intellectual property, will continue to apply.

Indemnification: Provisions that establish indemnity obligations related to the services provided under the agreement will survive, protecting both parties from legal claims or liabilities that may arise even after the agreement has concluded.

Liability Limitations and Disclaimers: Limitations on liability, disclaimers of warranties, and related provisions designed to limit the parties’ exposure to legal claims and damages will remain operative.

Governing Law and Jurisdiction: The terms governing the resolution of disputes, the applicable law, and jurisdiction will survive to ensure that any post-termination disputes are handled according to the agreed-upon framework.

Any Other Provisions: Any other provisions which, by their nature, should reasonably be expected to survive the termination or expiration of the agreement, including but not limited to payment obligations not yet fulfilled, rights to audit or verify compliance, and obligations to return or destroy materials.

12.3.     Effect of Survival

The survival of these terms ensures that both parties retain their rights and obligations concerning critical aspects of the agreement, such as protection of confidential information, intellectual property, and the resolution of disputes, irrespective of the agreement’s termination. This provision is intended to provide certainty and clarity regarding the ongoing obligations of both parties.

12.4.     Notification and Acknowledgment

Both parties acknowledge and agree that the survival of these terms is a fundamental aspect of their agreement. Any actions taken following the termination or expiration of the agreement must be in compliance with these surviving provisions.

13. Entire Agreement

13.1.     Definition and Intent

The Entire Agreement clause establishes that the Terms and Conditions, together with any other documents referenced within and agreed upon in writing (such as service agreements, schedules, and appendices), represent the complete and exclusive statement of the agreement between SoftwareWOW and the client. This clause is intended to prevent misunderstandings or disputes arising from any prior oral or written communications or agreements between the parties.

13.2.     Components of the Entire Agreement

Terms and Conditions: The foundational document outlining the rights, responsibilities, and procedures governing the relationship between SoftwareWOW and its clients.

Service Agreements: Specific agreements detailing the scope, duration, and pricing of the services to be provided by SoftwareWOW.

Attachments and Schedules: Any additional documents that specify project timelines, deliverables, payment schedules, or other relevant details.

Incorporated Policies: Policies related to privacy, data protection, and security that are referenced in the Terms and Conditions or service agreements.

13.3.     Superseding Prior Agreements

This clause clarifies that the Entire Agreement supersedes any previous agreements, negotiations, representations, or understandings, whether oral or written, between SoftwareWOW and the client regarding the subject matter of the agreement. It ensures that the written terms as agreed upon at the time of the agreement take precedence over any informal or preliminary discussions.

13.4.     Modifications to the Agreement

Any amendments or modifications to the agreement must be made in writing and signed by both parties to be valid. This requirement protects both parties by ensuring that any changes to the agreement are mutually agreed upon and clearly documented, preventing disputes over verbal agreements or misunderstandings.

13.5.     Acknowledgment by the Parties

By agreeing to these Terms and Conditions, both SoftwareWOW and the client acknowledge and affirm that they have not relied on any representation, promise, or assurance, except as expressly set forth in this agreement. This acknowledgment aims to eliminate the possibility of claims based on alleged oral agreements or representations not contained within the written agreement.

13.6.     Legal Review

Both parties are encouraged to review the Entire Agreement carefully and to consult with legal counsel to ensure they fully understand the terms and their implications. This review is particularly important given that this clause limits the parties’ ability to rely on any statements or agreements outside of the written contract.

14. Intellectual Property Infringement Claims

14.1.     Handling of Infringement Claims

SoftwareWOW respects the intellectual property rights of others and expects its clients to do the same. We take allegations of intellectual property infringement seriously and are committed to responding promptly and appropriately to claims of infringement involving materials used or provided through our services.

14.2.     Reporting of Infringement

If you believe that your intellectual property rights have been infringed upon in any way that connects to our services, please notify us by providing a detailed infringement claim. Your notification should include:

A description of the copyrighted work or other intellectual property that you claim has been infringed.

A description of where the material that you claim is infringing is located on our service, with enough detail to allow us to locate the material.

Your contact information, including address, telephone number, and, if available, an email address.

A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

14.3.     SoftwareWOW’s Response

Upon receiving a proper infringement claim, SoftwareWOW will:

Review the claim to determine its validity.

Take appropriate action, which may include removing or disabling access to the allegedly infringing material, notifying the content provider, member, or user that we have removed or disabled access to the material.

For repeat infringers, SoftwareWOW will terminate the user’s access to the service.

14.4.     Counter-Notice

If the content provider, member, or user believes that the material was removed or disabled as a result of mistake or misidentification, that party may provide SoftwareWOW with a counter-notice containing the following information:

The content provider’s, member’s, or user’s physical or electronic signature.

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

A statement under penalty of perjury that the content provider, member, or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.

The content provider’s, member’s, or user’s name, address, telephone number, and, if available, an email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s, or user’s address is located, or if the content provider’s, member’s, or user’s address is outside of the United States, for any judicial district in which SoftwareWOW may be found, and that the content provider, member, or user will accept service of process from the person who provided notification of the alleged infringement.

SoftwareWOW will respond to a valid counter-notice by, as appropriate, restoring the material in question, unless we receive notice from the original reporting party that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

15. Termination of Services

15.1.     Right to Terminate

Both SoftwareWOW and the client retain the right to terminate the service agreement under specific conditions outlined herein. Termination can occur for reasons including, but not limited to, breach of contract, failure to pay for services rendered, or mutual agreement to end the services.

15.2.     Conditions for Termination

By SoftwareWOW:

Breach of Terms: SoftwareWOW may terminate the agreement immediately upon any breach of these Terms and Conditions by the client that is not remedied within a specified remedy period, typically thirty (30) days after written notice of the breach.

Non-Payment: Failure by the client to make payment within the agreed-upon timeframe may result in termination, subject to a grace period and written notice to the client.

Legal Requirements: SoftwareWOW may terminate the agreement if continuing the services becomes unlawful or subject to legal restrictions that make the continuation of services untenable.

By Client:

Service Failure: The client may terminate the agreement if SoftwareWOW fails to deliver the agreed-upon services to a satisfactory standard, as defined within these Terms and Conditions, and such failure is not remedied within a reasonable period after written notice.

Breach by SoftwareWOW: Similar to SoftwareWOW’s right to terminate for breach, the client may terminate the agreement if SoftwareWOW breaches any significant term or condition and fails to remedy this breach within a specified period after receiving written notice.

15.3.     Notice of Termination

Termination of the service agreement by either party requires written notice to the other party, specifying the reason for termination and the effective date of termination. The notice period, unless otherwise agreed upon, shall be thirty (30) days.

15.4.     Consequences of Termination

Upon termination of the services:

Final Payment: The client is obligated to pay for all services rendered up to the effective date of termination. For subscription-based services, any pre-paid fees for services not yet rendered may be subject to partial refund based on the terms agreed upon at the start of the subscription.

Return of Property: Both parties agree to return any property, documentation, or confidential information belonging to the other party that was used or created during the term of the agreement.

Data and Content: SoftwareWOW will, upon request, return any client data or content held by SoftwareWOW, subject to the client’s payment of any outstanding fees. SoftwareWOW reserves the right to delete client data from its systems after a specified period post-termination.

15.5.     Survival of Terms

Certain obligations and rights set forth in these Terms and Conditions shall survive termination, including, but not limited to, intellectual property rights, confidentiality obligations, and any liabilities incurred prior to termination.

16. Amendments and Waivers

16.1.     Formal Requirements for Amendments

Any amendments, modifications, or changes to these Terms and Conditions, or any other aspect of the service agreement between SoftwareWOW and the client, must be made in writing and signed by authorized representatives of both parties. This requirement is designed to ensure that both parties have a clear understanding of any changes to the agreement and that these changes are formally documented and agreed upon, thereby preventing misunderstandings and disputes related to verbal or informal agreements.

16.2.     Process for Making Amendments

Proposal: Either party may propose an amendment to the agreement by providing a written document outlining the proposed changes.

Review and Negotiation: Upon receipt of a proposed amendment, the other party will review the proposed changes and may enter into negotiations if there are any concerns or additional modifications needed.

Approval and Signature: Once both parties agree to the proposed amendment, the amendment document must be signed by authorized representatives of both parties. The signed amendment becomes part of the agreement from the date specified in the amendment document.

16.3.     Waivers

A waiver by either SoftwareWOW or the client of any term or condition set forth in these Terms and Conditions shall not be considered a waiver of subsequent breaches of the same or any other term or condition. Waiver of any rights under the agreement must be in writing and signed by the party waiving its rights.

16.4.     No Implied Waivers

The failure or delay of either SoftwareWOW or the client in exercising any right, remedy, power, or privilege under these Terms and Conditions shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

16.5.     Severability of Amendments and Waivers

The provisions regarding amendments and waivers are severable from the rest of the agreement. If any part of these provisions is found to be invalid, illegal, or unenforceable, the remaining parts will continue to be valid and enforceable to the fullest extent permitted by law.

17. Severability

17.1.     Purpose and Application

The purpose of the Severability clause is to affirm that the Terms and Conditions constitute a cohesive legal document, wherein the invalidity or unenforceability of one or more provisions does not affect the remainder of the agreement. This clause ensures that the contractual relationship between SoftwareWOW and its clients can withstand legal scrutiny and continue to function even if adjustments are needed due to certain provisions not complying with applicable law or being deemed unreasonable by a court.

17.2.     Process for Addressing Invalidity or Unenforceability

Identification: If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the parties will first identify the specific provision(s) affected.

Adjustment: The parties will then attempt to negotiate in good faith to amend such provision(s) to achieve the original intent of the parties as closely as possible in a mutually acceptable manner, ensuring that the amendment complies with applicable law.

Continuation of the Agreement: The rest of the Terms and Conditions will remain in full force and effect, ensuring that the overall contractual relationship is not disrupted. The agreement’s enforceability shall not be impaired, and all other terms shall continue to govern the parties’ relationship.

17.3.     Example of Severability Application

For instance, if a non-compete clause within the agreement is deemed excessively broad and unenforceable by a court, the Severability clause allows for the removal or modification of that non-compete clause without necessitating the renegotiation of the entire agreement or affecting the validity of the other provisions.

17.4.     Importance of the Severability Clause

The inclusion of a Severability clause is a standard legal practice that demonstrates prudence and foresight, acknowledging the complex nature of law and the possibility that changes in law or interpretation over time could impact certain aspects of the Terms and Conditions. It reflects a commitment to uphold the agreement to the greatest extent possible while complying with all legal requirements.

17.5.     Acknowledgment by the Parties

By agreeing to these Terms and Conditions, SoftwareWOW and its clients acknowledge the Severability clause, affirming their intent for the remainder of the agreement to remain effective should any provision be removed or modified. This mutual acknowledgment is important for ensuring both parties are aware of and agree to this approach to managing potential legal challenges to specific provisions of the agreement.

18. Disclaimers

18.1.     General Disclaimer of Warranties

SoftwareWOW provides its services and products on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. SoftwareWOW does not guarantee that the services will meet the client’s requirements, will be uninterrupted, timely, secure, or error-free, or that any defects in the services will be corrected.

18.2.     Specific Disclaimers

Technological Limitations: SoftwareWOW does not warrant the uninterrupted or error-free functioning of its services or that the services will be free from vulnerabilities, cyber threats, or other security issues. Clients are responsible for implementing adequate cybersecurity measures.

Content and Information Accuracy: While SoftwareWOW strives to provide accurate and up-to-date information, it does not warrant the completeness, accuracy, reliability, or timeliness of any content, information, software, products, or services provided through its offerings.

Third-Party Services: SoftwareWOW may integrate or offer access to services provided by third parties. SoftwareWOW disclaims any responsibility for the quality, content, nature, or reliability of third-party services accessible from its services. Use of any such third-party services is at the client’s own risk.

No Legal or Financial Advice: Information provided by SoftwareWOW is for general informational purposes only and should not be considered legal or financial advice. Clients should consult with appropriate professionals for advice on specific legal, financial, or other professional matters.

18.3.     Limitation of Liability

In conjunction with the disclaimers of warranty, SoftwareWOW’s liability for any claims arising out of or related to the agreement, whether in contract, tort, or otherwise, is limited to the amount clients have paid to SoftwareWOW for the services in the twelve (12) months preceding the claim. Under no circumstances will SoftwareWOW be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the services.

18.4.     Client Acknowledgment

By agreeing to these Terms and Conditions, the client acknowledges and agrees that the use of SoftwareWOW’s services and products is at their own risk. The client further acknowledges that they have relied on no warranties, representations, or statements other than those explicitly set forth in these Terms and Conditions.

18.5.     Application

These disclaimers apply to the fullest extent permitted by law and survive the termination or expiration of the agreement between SoftwareWOW and the client. They are intended to be a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, or consequential damages; loss of data, income, or profit; loss or damage to property; and claims of third parties.

19. Governing Law

19.1.     Governing Law

These Terms and Conditions, and any dispute, claim, or obligation arising out of or in connection to them, shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any choice or conflict of law provision or rule. This choice of law is designed to provide a clear legal framework and predictability for both SoftwareWOW and its clients regarding the interpretation and enforcement of the agreement.

19.2.     Jurisdiction

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the services provided by SoftwareWOW shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Ontario. Clients agree to waive any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts.

19.3.     Dispute Resolution

Before initiating any legal proceedings, SoftwareWOW and the client agree to first attempt to resolve any dispute arising out of or related to these Terms and Conditions through good faith negotiations. This may involve direct communication, mediation, or other dispute resolution techniques agreed upon by both parties. The goal is to reach an amicable resolution without the need for litigation, if possible.

19.4.     Compliance with Local Laws

SoftwareWOW operates in compliance with local laws and regulations applicable to its business activities within Ontario, Canada. Clients outside of Ontario or Canada are responsible for ensuring that their use of SoftwareWOW’s services complies with local laws and regulations in their jurisdiction. This includes laws related to data protection, online conduct, and international business operations.

19.5.     Binding Effect

These Terms and Conditions are binding upon and shall inure to the benefit of SoftwareWOW and the client, as well as their respective successors and permitted assigns. Neither party may assign these Terms and Conditions or any rights or obligations hereunder without the prior written consent of the other party, except as otherwise provided herein.

20. Feedback and Suggestions

20.1.     Encouragement of Feedback

SoftwareWOW values the insights and input from its clients and encourages the submission of feedback, suggestions, and ideas that may help SoftwareWOW improve its services, products, and overall client experience. Client feedback is vital for SoftwareWOW’s commitment to continuous improvement and innovation.

20.2.     Submission of Feedback

Clients may provide feedback, suggestions, and ideas in various forms, including but not limited to, electronic mail, surveys, forums, or direct communications with SoftwareWOW’s support or sales teams. SoftwareWOW welcomes constructive and honest feedback on all aspects of its services and products.

20.3.     Non-Confidentiality of Feedback

Unless otherwise agreed in writing, all feedback, suggestions, and ideas submitted by clients will be considered non-confidential and non-proprietary. SoftwareWOW shall be free to use, disclose, reproduce, license, or otherwise distribute, and exploit the feedback provided in any manner, without obligation or compensation to the client.

20.4.     Use of Feedback

SoftwareWOW may use the feedback, suggestions, and ideas provided by clients to improve its services and products, develop new offerings, or for any other purpose deemed beneficial to the operation and growth of SoftwareWOW. This includes the right to modify, adapt, and incorporate client feedback into SoftwareWOW’s current or future offerings without restriction.

20.5.     Ownership and Rights

By submitting feedback, clients grant SoftwareWOW a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works from, and otherwise exploit the feedback for any purpose, without acknowledgment or compensation to the client. Clients represent and warrant that the feedback does not contain the proprietary or confidential information of third parties and that they have the right to provide the feedback without violating the rights of any third party.

20.6.     Appreciation of Feedback

While SoftwareWOW may not always implement client feedback, all submissions are appreciated and considered valuable to SoftwareWOW’s mission to deliver exceptional service and products. SoftwareWOW is committed to listening to its clients and fostering an open, collaborative relationship.

20.7.     No Obligation

Submission of feedback does not create any obligation on the part of SoftwareWOW to use, acknowledge, or compensate the client for their feedback or to enter into any further agreements or negotiations related to the feedback. SoftwareWOW reserves the right, at its sole discretion, to determine the use and implementation of client feedback.

21. Changes to Terms and Conditions

21.1.     Right to Modify

SoftwareWOW reserves the right to modify, amend, or update these Terms and Conditions at any time, in its sole discretion, to reflect changes in its services, changes in the law, or for other reasons deemed necessary by the company. Such modifications shall not retroactively alter the agreed-upon rights and obligations of the client and SoftwareWOW unless required by law.

21.2.     Notification of Changes

Clients will be notified of any significant changes to these Terms and Conditions before such changes take effect. Notification may be delivered through email, posted on SoftwareWOW’s website, or through other means reasonably calculated to inform clients. Clients are encouraged to review the Terms and Conditions periodically to stay informed of any updates.

21.3.     Acceptance of Changes

Continued use of SoftwareWOW’s services after changes to the Terms and Conditions have been notified and taken effect constitutes acceptance of those changes by the client. If a client disagrees with the changes, the client has the right to terminate their use of SoftwareWOW’s services in accordance with the termination provisions outlined in these Terms and Conditions.

21.4.     Effective Date of Changes

Changes to the Terms and Conditions will become effective immediately upon posting on SoftwareWOW’s website or as otherwise notified to clients, unless a different effective date is specified in the notification of the changes. It is the client’s responsibility to check the Terms and Conditions regularly for updates.

21.5.     Historical Versions

SoftwareWOW may archive previous versions of the Terms and Conditions and make them available for review upon request. This ensures transparency and allows clients to understand the evolution of the contractual terms governing their relationship with SoftwareWOW.

21.6.     Severability of Changes

If any part of the modified Terms and Conditions is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining parts shall not in any way be affected or impaired. SoftwareWOW will amend or replace such provisions with ones that are valid, legal, and enforceable and which achieve, to the extent possible, the original objectives and intent.

Digital Transformation Package terms and conditions:

These Terms and Conditions (the “Terms”) constitute a binding agreement between SoftwareWOW (“Company,” “we,” “us,” or “our”) and the client (“Client,” “you,” or “your”) regarding the provision of the 2025 Digital Transformation Package (the “Services”).

By engaging with our Services, you agree to comply with these Terms. Please read them carefully.

1. Agreement Overview
1.1 Purpose
This agreement outlines the scope, responsibilities, and limitations of the Services provided under the 2025 Digital Transformation Package. The goal is to deliver high-quality solutions tailored to your business needs while ensuring mutual accountability.
1.2 Acknowledgment of Agreement
By signing the agreement or making the first payment, you acknowledge that you have read, understood, and agreed to these Terms.

2. Scope of Services
2.1 Included Services
The Services include but are not limited to website development, branding, SEO, social media management, AI solutions, marketing campaigns, and business automation, as described in your chosen package tier (Essentials, Advanced, or Premium).
2.2 Optional Add-Ons
Additional services, such as e-commerce setup, mobile app development, or media production, can be added at extra cost as mutually agreed.
2.3 Exclusions
The Services do not include hardware procurement, ongoing operational staffing, or maintenance beyond the scope specified in the service agreement.
2.4 Service Availability
We reserve the right to modify or discontinue certain features or components of the Services, provided that such changes do not adversely impact the agreed-upon deliverables.

3. Payment Terms
3.1 Pricing
Pricing for the package tiers and any additional services is outlined in the proposal or service agreement. All prices are exclusive of applicable taxes.
3.2 Payment Methods
Payments can be made via credit card, bank transfer, or any other method specified by us.
3.3 Deposit
A non-refundable deposit of 100% upfront or 50% (subject to approval) is required to initiate the project.
3.4 Milestone Payments
Payments for project milestones will be invoiced according to the agreed schedule.
3.5 Recurring Fees
Ongoing services (e.g., maintenance, SEO) are billed monthly, with a minimum commitment period that may be specified based on your package.
3.6 Payment Default
Failure to make payments on time will result in suspension of Services. Reactivation may incur additional fees.
3.7 Refund Policy
Due to the nature of customized Services, payments are non-refundable. However, we will work diligently to address any concerns about the quality or delivery of our Services.

4. Client Responsibilities
4.1 Provision of Information
You agree to provide all required content, data, and access in a timely manner to avoid project delays.
4.2 Timely Approvals
Feedback and approvals must be provided within the timelines specified in the project schedule.
4.3 Intellectual Property Rights
You confirm that any materials provided to us, such as logos or images, do not infringe on third-party rights.
4.4 System Access
You agree to grant us access to your systems, accounts, or platforms as necessary to deliver the Services.

5. Intellectual Property
5.1 Ownership of Deliverables
Upon full payment, you own the final deliverables created for you, excluding proprietary tools or templates.
5.2 SoftwareWOW Retention Rights
We retain the right to use non-confidential deliverables as portfolio samples unless you explicitly request otherwise.
5.3 Third-Party Content
Third-party software, plugins, or services integrated into your solution are subject to the respective vendor’s licensing terms.

6. Confidentiality
6.1 Protection of Information
Both parties agree to protect confidential information disclosed during the project and not to disclose it to unauthorized third parties.
6.2 Exclusions
Confidentiality obligations do not apply to information that is publicly available, legally required to be disclosed, or obtained independently.

7. Warranty
7.1 Service Warranty
We warrant that Services will be delivered professionally, with reasonable skill and care.
7.2 Limitations
We do not guarantee specific outcomes such as search engine rankings or customer acquisition, as these depend on external factors.
7.3 Service Limitations
Deliverables are warranted to function as intended when used as directed. Misuse or unauthorized modifications void this warranty.

8. Indemnification
8.1 Client Indemnity
You agree to indemnify and hold us harmless from any claims arising out of:

• Your use or misuse of the Services.
• Intellectual property infringement due to materials you provide.
• Violations of applicable laws or regulations.

8.2 SoftwareWOW Indemnity
We agree to indemnify you against claims arising from our gross negligence or willful misconduct.

9. Liability Limitation
9.1 Exclusion of Liability
We are not liable for any indirect, consequential, or incidental damages arising from the use of our Services.
9.2 Maximum Liability
Our total liability under this agreement is limited to the total amount paid by you for the Services over the preceding 12 months.

10. Termination
10.1 Termination by Client
You may terminate the agreement with 30 days’ written notice. Fees for work completed or in progress are non-refundable.
10.2 Termination by SoftwareWOW
We may terminate the agreement in cases of non-payment, breach of terms, or conduct detrimental to our business reputation.
10.3 Effect of Termination
Upon termination, all unpaid fees become immediately due, and access to Services or deliverables may be revoked.

11. Dispute Resolution
11.1 Mediation
Disputes will be resolved through mediation before pursuing legal action.
11.2 Jurisdiction
This agreement is governed by the laws of the Province of Ontario, Canada.

12. Force Majeure
Neither party is liable for delays or failure to perform due to causes beyond reasonable control, including natural disasters, cyberattacks, or government actions.

13. Data Protection and Privacy
13.1 Compliance
We comply with all applicable data protection regulations, including GDPR and CCPA.
13.2 Client Data
Your data will only be used for the purpose of providing the Services and will not be shared with third parties without consent.
14. Service Modifications
We reserve the right to update the scope of the Services to improve quality or compliance with new regulations, provided these updates do not materially affect agreed deliverables.
15. Ethical Use of Services
You agree to use our deliverables ethically and legally. We reserve the right to terminate Services if they are used for unlawful or unethical purposes.

16. Support
16.1 Scope of Support
Support includes troubleshooting and resolving issues related to the Services provided.

16.2 Availability
Standard support is available during business hours. Premium clients may receive 24/7 priority support.

17. Amendments
We may update these Terms from time to time. Updates will be communicated in writing and apply to new agreements or renewals.

18. Entire Agreement
These Terms, together with the proposal or service agreement, constitute the entire agreement between the parties, superseding all prior communications or agreements.

Last updated: January 10, 2025

Contact Us:

For any questions or concerns regarding these Terms and Conditions, please contact us at: support@softwarewow.ca