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Terms of Service

Terms governing the use of our website and consulting services

Effective Date: July 13, 2024

1. Acceptance of Terms

By accessing the website located at https://www.yrwconsult.lat or by engaging the consulting services offered by Yrw Consulting Ltd., operating as YRW Consult, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this website and our services.

These Terms of Service constitute a legally binding agreement between you and Yrw Consulting Ltd. You represent that you have the legal authority to accept these terms on your own behalf or on behalf of the entity you represent. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.

We reserve the right to modify these terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of the website or our services following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these terms periodically.

2. Services Description

YRW Consult provides computer systems design, systems integration, infrastructure planning, technical consulting, and related professional services as described on our website. The specific scope, deliverables, timeline, and fees for any consulting engagement will be detailed in a separate Statement of Work or Service Agreement executed between Yrw Consulting Ltd. and the client.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services, except as expressly provided in an executed Service Agreement.

The information provided on this website is for general informational purposes only and does not constitute professional advice. You should not rely solely on website content when making business or technical decisions. Formal consulting services are governed by separate agreements and are subject to detailed scoping and acceptance criteria.

3. Intellectual Property Rights

3.1 Website Content

All content on this website, including but not limited to text, graphics, logos, icons, images, design elements, code, and the overall look and feel, is the exclusive property of Yrw Consulting Ltd. and is protected by Canadian and international copyright, trademark, and intellectual property laws. All rights not expressly granted herein are reserved.

The trademarks YRW Consult, the YRW Consult logo, and any other product or service names, slogans, or logos displayed on this website are registered or unregistered trademarks of Yrw Consulting Ltd. You may not use any of these marks without our prior written permission.

3.2 Deliverables and Work Product

Intellectual property rights to deliverables, reports, designs, code, documentation, and other work product created during a consulting engagement shall be governed by the terms of the applicable Service Agreement. Unless otherwise specified in writing, YRW Consult retains ownership of its pre-existing intellectual property, methodologies, tools, and frameworks used during the engagement.

3.3 License to Use Website

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website for your personal or internal business purposes. This license does not include any right to:

4. User Obligations and Acceptable Use

When using our website or services, you agree to comply with all applicable laws and regulations and to refrain from any conduct that could damage, disable, overburden, or impair our systems or interfere with any other party's use of our services. Prohibited activities include, but are not limited to:

We reserve the right to investigate and take appropriate legal action against anyone who violates these provisions, including reporting such activity to law enforcement authorities. We may also suspend or terminate your access to the website or services without prior notice for any violation of these terms.

5. Client Responsibilities

In connection with any consulting engagement, you agree to:

Delays caused by your failure to meet these responsibilities may result in adjustments to project timelines, additional costs, or suspension of services, as specified in the applicable Service Agreement.

6. Confidentiality

During the course of our business relationship, each party may receive or have access to confidential information belonging to the other party. Confidential information includes all non-public information, whether written or oral, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

Each party agrees to:

Confidential information does not include information that: is or becomes publicly available without breach of these terms; was known to the receiving party prior to disclosure; is independently developed by the receiving party without use of confidential information; or is rightfully obtained from a third party without confidentiality obligations.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Yrw Consulting Ltd. and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, business interruption, or damage to systems, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if advised of the possibility of such damages.

In no event shall the aggregate liability of Yrw Consulting Ltd. exceed the total amount of fees paid by you to Yrw Consulting Ltd. during the twelve-month period immediately preceding the event giving rise to the claim. This limitation applies to all causes of action in the aggregate.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

8. Disclaimer of Warranties

The website and all content, materials, information, and services provided through the website are provided on an as-is and as-available basis without any representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Yrw Consulting Ltd. disclaims all warranties, including but not limited to:

You acknowledge that your use of the website and any reliance on its content is at your sole risk. We make no guarantee regarding the results that may be obtained from using the website or our services.

9. Indemnification

You agree to defend, indemnify, and hold harmless Yrw Consulting Ltd., its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You shall not settle any matter without our prior written consent.

10. Termination

We reserve the right to suspend or terminate your access to the website and our services at any time, with or without cause, and with or without prior notice. Grounds for termination may include, but are not limited to: breach of these Terms of Service, conduct that we believe is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

Upon termination, your right to use the website and services will immediately cease. All provisions of these terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Termination of a consulting engagement shall be governed by the terms of the applicable Service Agreement. Prepayment, refund, and wind-down provisions will be as specified in that agreement.

11. Governing Law and Dispute Resolution

These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from or relating to these terms or our services shall first be attempted to be resolved through good-faith informal negotiations between the parties. If the dispute cannot be resolved informally within thirty days, either party may pursue resolution through binding arbitration administered in Victoria, British Columbia, or through the courts of competent jurisdiction in Victoria, British Columbia.

Each party irrevocably submits to the exclusive jurisdiction of the courts of British Columbia for the purposes of any legal proceedings arising out of these terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these terms must be filed within one year after such claim or cause of action arose, or be forever barred.

12. General Provisions

13. Contact Information

For questions, concerns, or legal notices regarding these Terms of Service, please contact:

Yrw Consulting Ltd.
3257 Millgrove Street
Victoria, BC V8Z 3V6
Canada

Email: help@yrwconsult.lat
Phone: +1 (253) 295-5742
Website: https://www.yrwconsult.lat