These Terms of Service govern your access to and use of the website located at https://www.hydralink.lat and the computer systems design and related services offered by Hyd Trading Inc., operating under the HydraLink brand. By accessing the website or engaging our services, you agree to be bound by these terms and by our Privacy Policy.
If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. If you do not agree to these terms, you must not access the website or use our services.
These terms form a binding agreement between you and Hyd Trading Inc. We may require that you provide additional confirmation of acceptance before we begin certain services, and any separate written agreement you sign with us will take precedence over these terms to the extent of any conflict.
For the purposes of these terms, the word Company refers to Hyd Trading Inc., and the terms we, us and our refer to the Company. The words you and your refer to the individual or entity accessing the website or receiving services. The word Services refers to the computer systems design, computer integrated systems design, systems architecture, cloud infrastructure engineering, managed operations and related professional services described on the website.
The term Website refers to the site located at https://www.hydralink.lat and any subdomains or successor sites we operate. The term Content refers to all text, graphics, designs, code and other materials made available on the website. The term Agreement refers to these Terms of Service together with our Privacy Policy and any separate engagement agreement we enter into with you.
HydraLink provides professional services in the field of computer systems design and related services. Our work includes requirements analysis, systems architecture and design, computer integrated systems integration, cloud infrastructure provisioning, security review and managed operations and support.
The scope of any engagement is defined in a written proposal, statement of work or engagement agreement. We will perform the services described in that agreement with reasonable skill and care, using personnel with appropriate qualifications and experience. Unless a specific result is expressly warranted in writing, we provide services on a professional best efforts basis.
We may use third party tools, platforms or service providers in the delivery of our services. Where we do so, we remain responsible for the overall quality of the services, subject to the limitations set out in these terms.
Each engagement begins with a discovery conversation so we can understand your environment, constraints and goals. Following discovery, we provide a written proposal that describes the work, the deliverables, the timeline and the investment required. No work begins until you approve the proposal in writing.
You must be at least eighteen years of age and capable of entering into a legally binding agreement to use the website and our services. By using the website, you represent and warrant that you meet these requirements.
If you are using the website on behalf of an organization, you represent that you are authorized to act on behalf of that organization and to bind it to these terms. We may refuse service to any person or entity at our reasonable discretion.
Where we provide you with access credentials or where you create an account, you are responsible for maintaining the confidentiality of those credentials and for all activity that occurs under them. You agree to notify us promptly of any unauthorized use of your credentials or any other breach of security.
You are responsible for providing accurate and complete information when you contact us or engage our services, and for keeping that information current. You are also responsible for providing us with timely access to the systems, data and personnel reasonably necessary for us to deliver the services.
You agree not to impersonate any person or entity, misrepresent your affiliation with any person or entity, or provide false or misleading information in connection with the website or the services.
You agree to use the website and the services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the website by, any third party. Prohibited conduct includes transmitting unlawful, harmful, threatening, abusive or defamatory material and introducing malicious code or interfering with the operation of the website.
You agree not to attempt to gain unauthorized access to any portion of the website, to any systems or networks connected to the website, or to any data of other users. You also agree not to probe, scan or test the vulnerability of the website or to breach its security or authentication measures.
You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the website or the services without our express written permission, except as expressly permitted by these terms.
You also agree not to use the website to collect or harvest personal information of others, to send unsolicited communications, or to engage in any activity that imposes an unreasonable load on our infrastructure. We reserve the right to investigate and to take appropriate legal action against any violation of this section.
All content on the website, including text, graphics, logos, icons, design elements, code and software, is the property of Hyd Trading Inc. or its licensors and is protected by applicable intellectual property laws. The HydraLink name and any related marks are trademarks of the Company.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and view the website for your personal or internal business use. You may not modify, reproduce, distribute, create derivative works from or publicly display any content without our prior written consent.
Unless otherwise agreed in writing, we retain ownership of the tools, methods, frameworks and pre-existing materials we use in the delivery of services. Deliverables created specifically for you under an engagement agreement will be assigned or licensed to you as set out in that agreement.
Where you submit information, comments, suggestions or other content to us through the website or by other means, you grant us a non-exclusive, worldwide, royalty free license to use, reproduce and process that content for the purpose of providing and improving our services and responding to your inquiries.
You represent that any content you submit does not infringe the rights of any third party and does not violate any applicable law. We may remove or refuse to process any content at our discretion, and we are not obligated to retain any content you submit.
Any feedback, suggestions or ideas you provide about the website or the services may be used by us without restriction and without any obligation of compensation to you, unless a separate agreement provides otherwise.
Fees for our services are set out in the proposal, statement of work or engagement agreement applicable to your project. Unless otherwise agreed, fees are quoted in Canadian dollars and are exclusive of applicable taxes, which will be added where required by law.
Payment terms, including any deposit or milestone schedule, are described in the applicable agreement. We may suspend or terminate services where payment is overdue, and overdue amounts may accrue interest at the maximum rate permitted by law.
Unless expressly stated otherwise, quotations are estimates based on the information available at the time and may be revised if the scope, requirements or timeline of the engagement changes materially. Any change to scope will be agreed in writing before additional work is performed.
Each party agrees to maintain the confidentiality of the confidential information of the other party, which includes non-public business, technical and financial information disclosed in connection with the services. Confidential information does not include information that is or becomes publicly available without breach of this section, information independently developed without use of the confidential information of the other party, or information rightfully received from a third party without restriction.
Neither party will use or disclose the confidential information of the other party except as necessary to perform its obligations under these terms, and each party will protect that information using at least the same degree of care it uses for its own confidential information. These obligations survive the termination of these terms.
The website and the services are provided on an as is and as available basis, to the maximum extent permitted by law. Except as expressly stated in these terms or in a separate written agreement, we make no warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
We do not warrant that the website will be uninterrupted, error free or free of harmful components, or that any results obtained from the use of the website or the services will be accurate or reliable. You acknowledge that computer systems and internet based services are inherently subject to interruption and that no system can be guaranteed to be completely secure.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions above may not apply to you. In those jurisdictions, the exclusions apply to the fullest extent permitted by law.
We do not warrant that any deliverable will operate uninterrupted or free of all defects, and you accept that ongoing maintenance and monitoring are part of responsible system operation. Any timelines provided are good faith estimates and may be affected by factors outside our reasonable control.
To the maximum extent permitted by law, Hyd Trading Inc. and its officers, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of data, loss of goodwill or business interruption, arising out of or related to your use of the website or the services, whether based on contract, tort, negligence or otherwise, even if advised of the possibility of such damages.
Our total aggregate liability arising out of or related to these terms, the website or the services will not exceed the greater of one hundred Canadian dollars or the amount you paid to us for the specific service giving rise to the claim during the twelve months preceding the event giving rise to the liability.
These limitations do not apply to the extent prohibited by applicable law. Nothing in these terms limits liability that cannot be limited under applicable law, including liability for fraud or for death or personal injury caused by negligence.
These limitations allocate risk between the parties and form an essential basis of the bargain. You acknowledge that without these limitations we would not be able to offer the services on the terms set out in this agreement, and that the limitations are reasonable in light of the nature of the services.
You agree to indemnify, defend and hold harmless Hyd Trading Inc. and its officers, employees, contractors and agents from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or related to your use of the website or the services, your breach of these terms, or your violation of any law or the rights of any third party.
We will provide you with prompt notice of any claim subject to indemnification and will reasonably cooperate with you in the defense of the claim. You may not settle any claim in a manner that imposes obligations on us without our prior written consent.
You may stop using the website at any time. We may suspend or terminate your access to the website or the services, in whole or in part, at any time and for any reason, including if we reasonably believe you have violated these terms or if required by law.
Upon termination, your right to access the website and use the services will cease immediately. Sections of these terms that by their nature should survive termination, including those relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and governing law, will survive termination.
Termination does not relieve you of any obligation to pay fees owed for services performed before termination, and any amounts already paid are non-refundable unless otherwise agreed in writing.
We may modify, update, suspend or discontinue any aspect of the website or the services at any time, with or without notice. We will use reasonable efforts to provide notice of material changes that affect your use of the services.
We are not liable to you or any third party for any modification, suspension or discontinuation of the website or the services. Where we change the services in a way that materially affects an ongoing engagement, we will work with you in good faith to address the impact.
These terms and any dispute arising out of or related to them will be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable in Ontario, without regard to conflict of law principles.
The parties agree that any legal action or proceeding arising out of or related to these terms will be brought exclusively in the courts located in Ontario, Canada, and each party consents to the jurisdiction of those courts.
In the event of a dispute arising out of or related to these terms or the services, the parties agree to first attempt to resolve the dispute through good faith negotiation. Either party may initiate this process by providing the other party with written notice describing the dispute.
If the dispute cannot be resolved through negotiation within thirty days, the parties may pursue other remedies available to them under applicable law. Nothing in this section prevents either party from seeking injunctive or other equitable relief where necessary to protect its rights.
We may update these terms from time to time to reflect changes in our services, business practices or legal requirements. When we make material changes, we will update the effective date at the top of this page and, where appropriate, provide a more prominent notice.
Your continued use of the website after any changes to these terms constitutes your acceptance of the revised terms. If you do not agree to the revised terms, you must stop using the website and the services.
If you have questions or concerns about these terms or the services, please contact us using the details below.
Hyd Trading Inc.
67 Winter Creek Cres
Markham - L6C 3E3
Canada
Email: request@hydralink.lat
Phone: +12724620379
Website: https://www.hydralink.lat