Terms of Service

Acceptance of Terms

Welcome to Pine IT. By accessing or using our website at https://pineit.ca or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you (or the organization you represent) and Pine IT. If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Our Services

Pine IT provides managed IT services, cybersecurity solutions, cloud services, and virtual CIO (vCIO) consulting primarily to professional services firms in British Columbia, Canada. Our services include but are not limited to:

• Managed IT support and help desk services
• Cybersecurity assessments, monitoring, and incident response
• Cloud migration, management, and optimization
• IT strategy and compliance consulting
• Network infrastructure design and management

The specific scope, deliverables, and pricing for services are defined in separate service agreements or statements of work. These Terms govern general use of our website and set baseline expectations for any service engagement.

Your Responsibilities

When using our website or services, you agree to:

• Provide accurate and complete information when submitting forms or communicating with us
• Keep any account credentials confidential and secure
• Use our services only for lawful purposes and in compliance with all applicable laws
• Not attempt to gain unauthorized access to our systems or networks
• Not use our services to store, transmit, or process illegal content
• Promptly notify us of any security incidents or suspected breaches
• Maintain appropriate backups of your data as recommended
• Comply with the terms of any separate service agreements

Intellectual Property

Our Content

The content on our website, including text, graphics, logos, images, and software, is the property of Pine IT or our licensors and is protected by Canadian and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from our content without prior written permission.

Your Content

You retain ownership of any content, data, or materials you provide to us in connection with our services ("Client Data"). By providing Client Data, you grant us a limited license to use, store, and process that data solely for the purpose of delivering our services to you.

Feedback

If you provide us with feedback, suggestions, or ideas about our services, you grant us the right to use such feedback without restriction or compensation to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PINE IT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL
• COST OF PROCUREMENT OF SUBSTITUTE SERVICES
• ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Pine IT, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your violation of these Terms
• Your use of our website or services
• Your violation of any rights of a third party
• Any content or data you provide to us
• Your negligence or willful misconduct

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

Warranty Disclaimer

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF NON-INFRINGEMENT
• WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES

We do not warrant that our website or services will meet your specific requirements or achieve any particular results. Any reliance on our services is at your own risk.

Separate service agreements may include specific service level commitments that supersede this general disclaimer for the services covered by that agreement.

Termination

By You: You may stop using our website at any time. If you have a service agreement with us, termination of that agreement is governed by its specific terms.

By Us: We reserve the right to suspend or terminate your access to our website or services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

• Violation of these Terms
• Conduct that we believe is harmful to other users, us, or third parties
• Non-payment for services rendered
• Requests by law enforcement or government agencies

Effect of Termination: Upon termination, your right to use our website and services ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Governing Law

These Terms 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 out of or relating to these Terms or our services shall be resolved exclusively in the courts of the Province of British Columbia, located in Vancouver, and you consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or to prevent irreparable harm.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce that provision or any other provision in the future.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last updated" date at the top of this page
• Post the revised Terms on this page
• For material changes affecting active service clients, provide notice through email or our client portal

Your continued use of our website or services after any changes indicates your acceptance of the modified Terms. If you do not agree to the modified Terms, you should discontinue use of our website and services.

Contact Us

If you have questions about these Terms of Service, please contact us: