Terms of Service

1. Acceptance of These Terms

These Terms of Service form an agreement between you and Align Now Inc., a company incorporated under the laws of Canada with its registered address at 503-7700 Hurontario St, Brampton - L6Y 4M3, Canada. The words we, our and the Company refer to Align Now Inc. The words you and your refer to the visitor, client or organisation that uses our website or engages our services.

By accessing this website or by accepting a proposal from us, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use the website and do not proceed with an engagement. Continued use of the website after a change to these terms means that you accept the revised version.

These terms are available on this page at all times. We encourage you to keep a copy for your records and to review the terms before you enter into any agreement with us. Where a separate written contract exists between us and your organisation, the terms of that contract prevail over these terms to the extent of any conflict.

The services described on this website are developed and operated by the developer AlignNow, and the descriptions on these pages are offered for general information only. They do not form a commitment to provide a particular result, and the outcome of any engagement will depend on the specific facts of the project.

2. The Company and Its Services

Align Now Inc. provides computer systems design and computer integrated systems design services to businesses in Canada and beyond. Our services include the design of computer systems, the design of integrated systems, systems integration, data alignment, cloud and infrastructure alignment, and managed systems care.

These services are developed and operated by the developer AlignNow, the operating brand of Align Now Inc. The word services in these terms covers every deliverable we provide, including written designs, documentation, software, integrations, data migrations, training and support.

Nothing in these terms obliges us to provide a service we do not offer. We reserve the right to decline a project where the requirements are unclear, the risks are unacceptable or the work falls outside our competence. When we decline, we will explain our reasoning so you understand the decision.

We may change, suspend or withdraw any part of the website or any service at any time, and we will give you reasonable notice where the change affects an engagement that is already underway.

3. Eligibility and Use of the Website

You must be at least eighteen years old to enter into an agreement with us and to use our paid services. By engaging us you confirm that you have the authority to bind the organisation you represent and that the information you provide to us is complete and accurate.

You may use the public pages of our website without creating an account and without providing personal information beyond what the contact form collects. Where we provide a client portal, you agree to keep your access credentials confidential and to notify us immediately if you suspect that they have been used without your permission.

We may verify your identity and your authority before we begin work. Where we cannot verify a requirement or a decision maker, we may pause the engagement until the question is resolved, and the schedule will adjust accordingly.

4. Quotes, Proposals and Engagement

Every engagement begins with a proposal. The proposal describes the scope, the deliverables, the schedule, the price and the assumptions that apply to the work. You should read it carefully, because the proposal becomes part of our agreement when you accept it.

A proposal remains valid for the period stated in the proposal, usually thirty days. We may revise a proposal before you accept it if we discover information that changes the scope or the risk. Once you accept, the scope is fixed, and we will manage any change through a written change order agreed by both parties.

We base our proposals on the information you give us. If that information is incomplete or inaccurate, the proposal may need to be revised, and the price and schedule may change accordingly. We will tell you clearly when this happens and we will give you the chance to approve the change before we proceed.

No work is committed until both parties sign the proposal or accept it in writing. Work we perform before acceptance, such as a discovery call, does not create an obligation on your side beyond the scope of that call.

5. Client Responsibilities

You agree to provide us with accurate information, timely decisions and reasonable access to the people, systems and facilities we need to do the work. Delays on your side may push the schedule and, where they cause real extra cost, the price.

You agree to provide a single point of contact for the engagement, to review deliverables within the agreed time and to give us feedback in writing. We treat your feedback as the basis for revisions, and we expect it within the review period stated in the proposal.

You are responsible for maintaining the security of your own systems and data during the engagement, and for the decisions your organisation makes about how the delivered system is used after handover. Our responsibility for the delivered system is described in the warranty section of these terms.

Where the engagement depends on licences, accounts or access rights held by you, you agree to keep them valid and current for the duration of the work, and to let us know promptly if any access is revoked.

6. Fees, Payment and Invoicing

Fees are set out in the proposal or in the written contract for the engagement. Unless the proposal says otherwise, fees are stated in Canadian dollars and are exclusive of taxes, which are added at the rate required by law.

We invoice according to the schedule in the proposal, which may be a fixed price with milestones or a time and materials basis with regular invoicing. Payment is due within thirty days of the invoice date unless the proposal states a different term.

If a payment is late, we may pause work until the account is current, and interest may accrue at the rate permitted by law. We will always notify you before we take any step, and we will give you a reasonable period to settle the account.

Expenses we incur on your behalf, such as travel, software licences and third party fees, are billed at cost unless the proposal says otherwise. We will keep you informed of significant expenses as they arise rather than surprising you on an invoice.

7. Intellectual Property Rights

The documents, software and designs we produce for you under a paid engagement are delivered to you as part of that engagement. Unless a contract says otherwise, title to the specific deliverables passes to you when we have been paid in full for the work.

We retain the intellectual property in our underlying methods, tools, frameworks, templates and code libraries that we use across engagements. Your use of the deliverables does not give you any right to those underlying assets, and you may not resell them as your own products.

Nothing in these terms transfers the copyright in our website, our brand or our public materials to you. You may not copy, modify or redistribute our public content without our written permission.

Where the deliverables include third party components, those components remain subject to their own licences, and we will identify them in the documentation so you can review the terms that apply.

8. Acceptable Use of Our Services

You agree to use our website and services only for lawful purposes. You may not attempt to disrupt our systems, to gain unauthorised access to our servers, to scan or probe our infrastructure, or to send malicious traffic to us or through us.

You agree not to use our website to collect information about other visitors in an automated way, and not to attempt to reverse engineer the public site. Where we provide a portal, you agree to use it only for your own engagement.

We may suspend access to the website or to a portal if we reasonably suspect that it is being used in a way that is unlawful, harmful to us or harmful to other users. We will lift the suspension as soon as the concern is resolved and we have confirmed that the behaviour will not continue.

9. Third Party Services and Dependencies

Our designs and integrations often involve software, platforms and services operated by third parties. We choose these where they serve your project, but we cannot control the behaviour of a third party service, and its provider terms apply to your use of that service.

Where your project depends on a third party service, you are responsible for maintaining your accounts and licences with that provider and for paying any fees it charges. We will tell you in the proposal which third party services your project requires.

To the extent permitted by law, we are not liable for losses caused by the failure, outage, change or discontinuation of a third party service that we did not operate and did not control. We will, however, help you plan around such events as part of our design work.

10. Confidentiality

Both parties may share confidential information during an engagement. Confidential information includes business plans, financial data, technical designs, client lists and any material marked as confidential or clearly treated as confidential.

We will use your confidential information only to deliver the engagement and will protect it with the same care we use for our own confidential material. This obligation survives the end of the engagement and applies to our team and our subcontractors.

The confidentiality obligation does not apply to information that is public, that was known to us before you shared it, that we receive independently from a third party, or that we are required to disclose by law. Where we are able to do so, we will give you notice before we disclose confidential information under a legal obligation.

11. Warranties and Disclaimer

We warrant that our services will be performed with reasonable skill and care, and that our deliverables will conform to the description in the proposal. This warranty is limited to the work we control, and it does not cover modifications made by others or the behaviour of third party services.

Where we supply software or configurations, we warrant that they perform the functions described in the proposal under the conditions described in the proposal. We will correct a defect that we caused, at our own cost, within a reasonable time of being notified.

We make no warranty that the website or any service will be uninterrupted, error free or free of defects, and we provide the website and the services on an as is basis except for the specific warranties in this section. All other warranties and conditions are excluded to the extent permitted by law.

Any advice we give during an engagement, including recommendations about products or suppliers, reflects our judgement at the time. You remain responsible for the final decision and for the consequences of that decision in your own business.

12. Limitation of Liability

To the maximum extent permitted by law, the total liability of Align Now Inc. for all claims arising out of or related to these terms, whether in contract, tort or otherwise, will not exceed the total fees you paid us under the relevant engagement in the twelve months before the claim arose.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special or consequential damages, or for loss of profit, loss of revenue, loss of data or loss of goodwill, even if the party was advised of the possibility of such damages.

These limitations apply together and apply to the fullest extent permitted by the applicable law. Nothing in these terms limits or excludes liability that cannot be limited or excluded by law, such as liability for fraud or for death or personal injury caused by negligence.

Where an engagement involves data that you cannot afford to lose, we recommend that you maintain your own backups and that you test the restoration process, because no system or provider can guarantee the absolute safety of data.

13. Indemnification

You agree to indemnify and hold harmless Align Now Inc., its officers, employees and subcontractors from and against any claims, losses, damages, costs and expenses that arise from your breach of these terms, from your use of our services in a way that violates the law, or from content you provide to us that infringes the rights of a third party.

The indemnity applies to the extent the claim arises from your actions or omissions. Where we believe a claim is partly our responsibility, we will say so, and we will not use this clause to escape a fair share of responsibility.

We will notify you promptly of any claim covered by this indemnity, give you the opportunity to manage the defence where reasonable, and cooperate with you in the defence to the extent we are able.

14. Term and Termination

These terms apply for as long as you use our website and for the duration of any engagement. Either party may end an engagement by giving written notice according to the termination provisions of the proposal or contract.

Where you end an engagement before completion, you will pay for the work completed up to the termination date and for any unavoidable commitments we made on your behalf. Where we end an engagement because of your breach, the same principle applies, and we will return your materials and data as far as is practical.

On termination, the sections of these terms that are intended to survive, such as payment, intellectual property, confidentiality, limitation of liability and indemnification, will continue to apply.

15. Suspension of Services

We may suspend an engagement without ending it where we reasonably believe that continuing the work would be unlawful, where your account is materially in arrears, where you are unresponsive for an extended period, or where a security risk makes continuation unsafe.

We will notify you before a suspension where it is practical to do so, and we will explain what must happen for the work to resume. Work resumes as soon as the cause of the suspension is resolved.

Suspension does not release you from payment obligations for work completed before the suspension, and it does not change the schedule unless the cause of the suspension is on your side.

16. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes in our services or in the law. The current version will always be available on this page, and the date at the top of the page shows when it was last reviewed.

Changes apply to new use of the website and to new engagements from the date they are published. For an engagement already in progress, the terms that applied when you accepted the proposal continue to apply unless you and we agree in writing to the change.

We will take reasonable steps to draw your attention to a material change, including by a notice on our website, so that you are not surprised by a term you did not expect.

17. Governing Law and Dispute Resolution

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of law rules. The courts of Ontario have exclusive jurisdiction over any dispute arising from these terms or from your use of our services.

Before starting formal proceedings, both parties agree to make a genuine effort to resolve the dispute through discussion or mediation. We will treat a direct approach in good faith as the first step, because most differences are resolved more quickly by conversation than by filing.

If you live outside Canada, you still agree that these terms are governed by the law described above and that you accept the exclusive jurisdiction of those courts for any dispute. Nothing in these terms limits a right you may have under the consumer protection law of your own jurisdiction that cannot be waived by agreement.

18. General Provisions

If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force.

These terms, together with the proposal and any written contract, form the entire agreement between you and us about the matters they cover. They replace any earlier discussions, drafts or representations about those matters.

We may assign these terms or an engagement to a related company or to a successor in the event of a merger or acquisition. You may not assign your rights or obligations under an engagement without our written consent.

We have not waived a right by failing to exercise it at one time. A waiver is effective only if it is in writing and signed by the party making it.

19. Contact Information

If you have a question about these Terms of Service, contact us at any of the addresses below.

Company: Align Now Inc.
Address: 503-7700 Hurontario St, Brampton - L6Y 4M3, Canada (CA)
Email: request@alignnow.buzz
Phone: +16314264807

We will acknowledge your message promptly and we will respond fully within a reasonable period, usually within thirty days. For urgent matters, call +16314264807 during business hours.