Terms of Service

Acceptance of these terms

These terms govern your use of nextgenix.ca and any content, forms or materials made available through it. By using the site you agree to them. If you do not agree, please stop using the site.

These terms apply to the website only. Professional services are governed by a separate signed agreement between NextGenix Technologies Inc. and the client. Where that agreement and these terms conflict, the signed agreement prevails for the services it covers.

About us

NextGenix Technologies Inc. is a corporation incorporated under the laws of Ontario, Canada, with its registered office at 200 Bay Street, Suite 1400, Toronto, ON M5J 2J2. You can reach us at hello@nextgenix.ca.

Using this website

You may view, download and print pages of this site for your own business evaluation purposes. You agree not to:

• Use the site in a way that breaches any applicable Canadian or foreign law
• Attempt to gain unauthorised access to the site, its servers or any connected system
• Introduce malware, launch a denial-of-service attack or otherwise interfere with the site’s operation
• Scrape, harvest or systematically extract content, except by a search engine crawler obeying our robots directives
• Reproduce, resell or commercially exploit any part of the site without our written permission
• Submit false information, another person’s personal information without their consent, or unsolicited commercial messages through our forms

We may suspend or withdraw access to the site, in whole or in part, at any time and without notice.

Content is not an offer

Descriptions of services, technologies, timelines, indicative cost ranges and case-study outcomes on this site are provided for general information. They are illustrative, not a quotation and not a contractual commitment.

No contract for services is formed until both parties sign a written agreement setting out scope, deliverables, acceptance criteria, fees and timelines. Nothing on this site creates a professional, advisory or fiduciary relationship.

Intellectual property

All content on this site — text, layout, graphics, icons, illustrations, source code, and the NextGenix name and logo — is owned by or licensed to NextGenix Technologies Inc. and is protected by Canadian and international copyright and trademark law.

You may quote short extracts with clear attribution and a link back to the source page. Any other reproduction, adaptation, distribution or public display requires our prior written consent.

Third-party names, logos and trademarks appearing on this site remain the property of their respective owners and are used for identification only. Their appearance does not imply endorsement.

Enquiries and submissions

When you send us a project brief, a specification, feedback or any other material through this site, you keep ownership of it. You grant us a limited, non-exclusive licence to use it for the purpose of responding to you and preparing a proposal.

Please do not send confidential or sensitive information through the website forms. If an engagement requires the exchange of confidential material, we will put a mutual non-disclosure agreement in place first — ask and we will send one.

You confirm that anything you submit is yours to send, is accurate to the best of your knowledge, and does not infringe anyone else’s rights.

Third-party links and services

This site loads web fonts from Google Fonts and may link to third-party websites. We do not control those services, we are not responsible for their content, availability or privacy practices, and a link is not an endorsement. Your use of a third-party site is governed by that site’s own terms.

Disclaimers

The site is provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We take reasonable care to keep the site accurate and current, but we do not warrant that it will be uninterrupted, error-free, secure, or free of viruses. Statistics, benchmarks and case-study figures are illustrative of past work and are not a prediction of results in your circumstances.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

Limitation of liability

To the maximum extent permitted by law, NextGenix Technologies Inc., its directors, officers, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, business, goodwill, anticipated savings or data, arising out of or in connection with your use of this site — whether in contract, tort (including negligence), statute or otherwise, and whether or not we were advised of the possibility.

Our total aggregate liability arising out of or in connection with your use of this site is limited to CAD $100. Liability arising from a signed services agreement is governed by the limitation of liability clause in that agreement, not by this section.

Indemnity

You agree to indemnify and hold NextGenix Technologies Inc. harmless from any claim, loss, liability, cost or expense (including reasonable legal fees) arising from your breach of these terms, your misuse of the site, or your infringement of any third-party right through material you submit to us.

Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these terms. Our commitment to accessible digital services is set out in our Accessibility Statement.

Governing law and jurisdiction

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflict-of-laws principles. You and NextGenix submit to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto.

If a provision of these terms is found unenforceable, it is severed and the remainder continues in force. Our failure to enforce a provision is not a waiver of it.

Changes to these terms

We may revise these terms from time to time. The version published on this page when you use the site is the version that applies to that use. The “last updated” date above tells you when the current version took effect. Material changes will be highlighted on this page for at least 30 days.

Contact

Questions about these terms:

Legal, NextGenix Technologies Inc.
200 Bay Street, Suite 1400, Toronto, ON M5J 2J2, Canada
legal@nextgenix.ca · +1 (647) 555-0142