Acceptable Use Policy
1.1 By using our services, you agree to follow our Acceptable Use Policy (AUP) which outlines the permitted and prohibited uses of our services. This policy is incorporated by reference into our Terms of Services document, which you acknowledge and agree to by using our services.
1.2 Prohibited uses include but are not limited to: spamming, phishing, hacking, distribution of malware, harassment, or any illegal activity.
1.3 We reserve the right to terminate or suspend services if we determine that the AUP has been violated.
Service Level Agreement (SLA)
2.1 Our SLA outlines the level of service that we commit to provide to our clients, including uptime, response time, and support.
2.2 If we fail to meet our SLA commitments, clients may be eligible for service credits or other remedies as outlined in the SLA.
2.3 The SLA does not apply to any service interruptions caused by factors outside of our control, such as natural disasters or internet outages.
Data Protection and Privacy
3.1 We are committed to protecting our clients’ data and privacy, and we comply with all applicable laws and regulations.
3.2 Our Privacy Policy outlines our practices for collecting, storing, and using client data, as well as our procedures for responding to data breaches and requests for data access or deletion.
3.3 Clients are responsible for obtaining any necessary consents or authorizations from their end-users or customers for the collection and processing of personal data.
Dispute Resolution
4.1 Any disputes arising from our services or these terms and conditions shall be resolved through good-faith negotiations between the parties.
4.2 If a dispute cannot be resolved through negotiations, the parties agree to submit to binding arbitration in accordance with the rules of the American Arbitration Association.
4.3 This clause does not prevent either party from seeking injunctive relief or other urgent remedies from a court of competent jurisdiction.
Warranties
5.1 We warrant that our services will be provided with reasonable care and skill, in accordance with industry standards, and in compliance with applicable laws and regulations.
5.2 We do not warrant that our services will be error-free, uninterrupted, or free from viruses or other harmful components.
5.3 Clients acknowledge that our services are provided on an “as-is” basis, and we make no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
Amendments
6.1 We reserve the right to modify these terms and conditions, the AUP, the SLA, or the Privacy Policy at any time, effective immediately upon posting on our website.
6.2 We will provide notice of any material changes through prominent notices on our website or by email to our clients.
6.3 Clients are responsible for reviewing these documents periodically and complying with the latest versions.
Non-Compete Agreement
7.1 Oasbit (www.oasbit.com), owned and operated by AZ Pathfinders Inc., agrees not to provide services to any direct competitor of our clients, during the duration of our engagement.
7.2 For the purpose of this clause, “direct competitor” means any entity engaged in the same industry, providing the same products or services, and competing for the same market as our client.
7.3 This clause is binding and enforceable during the engagement period and for a duration of 12 months after the engagement termination.
7.4 Any violation of this clause will result in the immediate termination of the agreement without any refund or compensation.
7.5 This clause is designed to protect the interests of our clients and to maintain a fair competitive environment in the market.
7.6 This clause does not apply to industries or sectors outside the scope of the client’s business, and we reserve the right to determine the applicability of this clause on a case-by-case basis.
7.7 Clients acknowledge that this clause is not a guarantee of exclusivity and that Oasbit may provide similar services to other clients in different industries or sectors.
7.8 Clients agree that Oasbit may use their name, logo, and/or trademark in our marketing materials, including our website and social media channels, to showcase our work, unless otherwise requested in writing by the client.
7.9 Clients agree that Oasbit may use data and analytics from our work with the client for research and development purposes, provided that the data is anonymized and does not identify the client or their customers.
Scope of Services
8.1 The services and limitations included in each package are outlined on our website. By using our website or services, you acknowledge and agree to all terms.
8.2 Any additional services not listed on our website may be subject to a separate quotation and proposal.
8.3 We reserve the right to modify our services and limitations at any time, with or without notice, and any modifications will be effective immediately upon posting on our website. It is your responsibility to review our website periodically for any changes.
8.4 During the engagement period and for a duration of 12 months after the engagement termination, we will not provide services to any direct competitor of our clients. For the purpose of this clause, “direct competitor” means any entity engaged in the same industry, providing the same products or services, and competing for the same market as our client. Any violation of this clause will result in the immediate termination of the agreement without any refund or compensation.
8.5 Clients may request additional services beyond those included in their chosen package. In such cases, we will provide a separate quotation and proposal for such services, which will be subject to these terms of service.
8.6 We reserve the right to modify the services and packages offered at any time, effective immediately upon posting on our website. Any modifications to the services or packages will not affect any existing contracts or agreements entered into by the parties.
8.7 We reserve the right to terminate any service or package at any time, for any reason, with notice to the client and a pro-rated refund of any fees paid for unused services or packages.
8.8 The client represents and warrants that all content provided for use in the website or CMS is legally owned or licensed, and does not infringe on any third-party rights.
8.9 We are not liable for any direct, indirect, special, or consequential loss or damage arising from services provided, including but not limited to loss of profits, revenue, or data.
8.10 Clients agree to indemnify and hold us harmless from any claims, damages, or losses arising from their use of our services.
8.11 These services and packages are governed by and constructed in accordance with the laws of Ontario, Canada.
Performance and Best Efforts
9.1 We will provide the services listed in this agreement to the best of our abilities and with reasonable care and skill. However, we do not guarantee the success or effectiveness of these services, and we are not responsible for any negative consequences that may arise from the use of our services.
9.2 We will make every effort to complete our services within the timeframe agreed upon by the parties. However, we cannot guarantee that our services will be completed by any specific date or time.
9.3 If we encounter any unexpected issues that may affect the delivery of our services, we will notify you as soon as possible and work with you to find a suitable solution.
9.4 We are not responsible for any delays or damages caused by events outside of our control, including but not limited to acts of God, natural disasters, power outages, or equipment failure.
9.5 We reserve the right to make changes or improvements to our services at any time, without prior notice, provided that these changes do not materially affect the services provided under this agreement.
Client Responsibilities
10.1 Clients are responsible for providing timely and accurate information necessary for the delivery of our services, including but not limited to content, branding, and design requirements.
10.2 Clients are responsible for obtaining all necessary approvals for content, branding, and design elements provided to us for use in the website or CMS.
10.3 Clients are responsible for complying with all applicable laws, regulations, and industry standards related to their business, including but not limited to data protection and privacy laws.
10.4 Clients are responsible for monitoring and reviewing the website or CMS content for accuracy, legality, and appropriateness.
10.5 Clients are responsible for ensuring that any changes or modifications made by them or a third party do not interfere with the functionality or security of the website or CMS. We are not liable for any damages or losses arising from any such changes or modifications.
10.6 Clients are responsible for maintaining a backup of their website or CMS content, and we are not liable for any loss or damage to such content. We recommend clients to make periodic backups of their website or CMS content to ensure continuity of their business operations.
Additional Terms and Policies
11.1 In addition to these Terms and Conditions, your use of our services is also subject to the terms and conditions set forth in our Terms and Conditions (https://oasbit.com/support/legal/terms-and-conditions/) document and our Privacy Policy document (https://oasbit.com/support/legal/privacy-policy/).
11.2 By using our services, you acknowledge and agree to all terms and policies outlined in these documents.
11.3 We reserve the right to modify these documents at any time and any such modifications will be effective immediately upon posting on our website. It is your responsibility to review these documents periodically for any changes.”
Contact Information
For questions about these terms of service, please contact us at support@oasbit.com or visit https://oasbit.com/support/contact/
Effective date: January 1, 2023.
