1. Acceptance of These Terms
These Terms of Service govern your access to and use of the website operated by Yug Enterprises Inc. at www.yug.mom, and the computer systems design and computer integrated systems design services described on the website. By browsing the website, submitting an inquiry, or entering into an agreement with the Company, you agree to be bound by these terms. If you do not agree with these terms, please do not use the website or the services.
These terms apply to all visitors, prospective clients, and clients. Where a separate written agreement has been signed between you and the Company for the delivery of services, that agreement governs the specific engagement, and these terms apply only to the extent they are consistent with the agreement and to any matter not addressed by the agreement. You should read both documents together.
2. The Company and the Developer
Yug Enterprises Inc. is a Canadian company that provides professional services in the field of computer systems design and computer integrated systems design. The Company is located at Unit 1 948 Winterhalt Avenue, CAMBRIDGE - N3H 4J6, Canada (CA). The website and the services are developed and operated by the developer YUGE on behalf of the Company.
Throughout these terms, the term the Company means Yug Enterprises Inc. The term the Client means the person or organization that requests or receives services from the Company. The term the Services means all consulting, design, integration, data, cloud, security, and managed care activities described on this website and delivered under an agreement. The developer works under the direction of the Company, and references to the Company in these terms include the developer acting on behalf of the Company.
3. Description of Services
The Company provides professional services in two primary areas. Computer systems design services cover the analysis of business requirements, the design of system architecture, the specification of components and interfaces, and the planning of implementations. Computer integrated systems design services cover the design and engineering of connections between separate systems so that they operate as a coordinated whole, including data flows, integration interfaces, and synchronization rules.
The Company also provides related services including systems consulting, integration engineering, data and analytics, cloud adoption and management, security services, and ongoing managed care. The specific scope of work for each engagement is described in a proposal, statement of work, or agreement. The Company performs services using reasonable professional skill and care, in accordance with the agreed scope and with the professional standards applicable to the industry. Services are provided on a commercial basis and are not intended for consumer or personal use.
4. Eligibility and Accounts
The website and services are directed at businesses, government bodies, and professional users in Canada and internationally. By using the website, you represent that you have the legal capacity to enter into a binding agreement and that you are acting within the scope of your authority if you are using the site on behalf of an organization. If a service or feature of the website requires an account, you agree to provide accurate and complete information and to keep that information current.
You are responsible for safeguarding any credentials associated with your account and for all activity that occurs under those credentials. You must notify the Company promptly if you become aware of any unauthorized use of your account. The Company may suspend or close an account if it reasonably believes that the account is being used in violation of these terms or in a manner that creates a risk to the Company or to other users.
5. Use of the Services
You may use the website for lawful purposes only. You agree not to misuse the website, and you agree not to attempt to access any part of the site to which you have not been granted access. You agree not to interfere with the operation of the website, not to introduce malicious code, not to attempt to probe, scan, or test the security of the site without authorization, and not to use automated means to access the site except where permitted in writing.
The content on this website, including text, graphics, and design, is provided for general information about the Company and its services. You may download and print content for your internal business purposes provided that you keep any copyright notices intact and do not use the content in a misleading way. You may not republish, sell, or otherwise distribute the content without the prior written consent of the Company.
6. Client Responsibilities
The successful delivery of services depends on good cooperation between the Company and the Client. The Client agrees to provide accurate and timely information, to make key personnel available for discussions and reviews, to make decisions within the agreed timeframes, and to provide access to systems and facilities as reasonably required for the work.
The Client is responsible for the completeness and accuracy of the information it provides and for obtaining any consents required for the Company to access the systems and data involved in the engagement. The Client is responsible for decisions it makes about its own operations and for the use of deliverables after acceptance. Delays caused by the Client may affect the schedule, and the Company will make reasonable efforts to reschedule the work and to manage the impact on the project.
7. Fees and Payment
Fees for services are set out in the applicable proposal, statement of work, or agreement. Unless stated otherwise, fees are quoted in Canadian dollars and are exclusive of applicable taxes. Invoices are payable within the period stated on the invoice, and the Company may suspend work if an invoice remains unpaid beyond that period after notice has been given.
If the scope of work changes during an engagement, the Company will prepare a change order describing the additional work and the associated fees. Work that is clearly outside the agreed scope may be charged at the Company standard rates if the change order has not been signed, provided that the Company notifies the Client before performing the additional work. The Client is responsible for any third party costs that it has approved, including licensing fees and the cost of external services procured on its behalf.
8. Intellectual Property
The Company retains all rights in the materials, methodologies, tools, and know-how that it uses to deliver services, including any pre existing templates, frameworks, and software components. Deliverables that are created specifically for a Client under a written agreement are owned by the Client once the related fees have been paid in full, subject to any license terms stated in the agreement.
Where a deliverable includes materials owned by third parties, the Client receives those materials subject to the third party license terms. The Company grants the Client a non exclusive, non transferable license to use the portions of any pre existing Company materials that are incorporated into a deliverable, to the extent needed to use the deliverable for its intended purpose. Nothing in these terms transfers ownership of the Company trademarks, trade names, or brand identity.
9. Confidential Information
During an engagement, each party may disclose confidential information to the other. Confidential information includes business plans, financial data, technical specifications, client data, and any other non public information that is identified as confidential or that a reasonable person would understand to be confidential. Each party agrees to use the confidential information of the other party only for the purpose of the engagement and to protect it with the same care used to protect its own confidential information.
These confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, information that was lawfully in the possession of the receiving party before disclosure, information lawfully received from a third party, or information that the receiving party is required to disclose by law. Confidentiality obligations continue after the engagement ends for the period stated in the agreement or, if no period is stated, for a reasonable period.
10. Third Party Services
Deliverables may involve the configuration or integration of systems provided by third parties, including cloud platforms, software applications, and data services. The Company is not the provider of those third party systems and does not control their operation, availability, or data practices. The terms of the third party provider apply to the Client use of that system, and the Company will identify the relevant provider terms where practical.
The Company will make reasonable efforts to select reputable providers and to configure their systems in accordance with the Client requirements, but the Company is not responsible for failures, outages, or data practices of independent third parties. Where a third party system is discontinued or changes its terms, the Company will advise the Client and, if engaged, will help evaluate alternatives.
11. Warranties and Disclaimers
The Company warrants that it will perform the services using reasonable professional skill and care and that deliverables will conform materially to the specifications agreed in writing. If a deliverable does not conform to those specifications and the Company is notified within a reasonable period, the Company will correct the non conformity at its own cost as the Client sole remedy for that issue.
Except for the warranty described above, and to the maximum extent permitted by law, the website and the services are provided on an as is and as available basis, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement. The Company does not warrant that the website will be uninterrupted or error free, or that any deliverable will achieve a specific business outcome for the Client. The Client is responsible for verifying that a deliverable meets its own operational needs before relying on it.
12. Limitation of Liability
To the maximum extent permitted by law, the Company total liability arising out of or in connection with the website, the services, or these terms, whether in contract, tort, or otherwise, will not exceed the amount of fees paid by the Client to the Company for the specific engagement giving rise to the claim. This limit applies to all claims whether based on warranty, contract, negligence, or any other legal theory.
Neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or anticipated savings, arising out of or in connection with these terms or the services, even if the party has been advised of the possibility of such damages. Nothing in these terms limits or excludes liability that cannot be limited or excluded under applicable law.
13. Indemnification
The Client agrees to indemnify and hold harmless the Company, its directors, officers, employees, and subcontractors from and against any claims, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with the Client use of the website or the services, the Client violation of these terms, or the Client breach of any law or of any third party rights. This indemnity does not apply to the extent that a claim arises from the negligence or intentional misconduct of the Company.
The Company agrees to indemnify the Client against claims that a deliverable created specifically for the Client infringes a third party copyright or patent, provided that the Client notifies the Company promptly, cooperates with the defense, and does not admit liability without the Company consent. If such a claim is made, the Company may, at its option, modify the deliverable to avoid the infringement, obtain the necessary rights, or refund the fees paid for the affected deliverable.
14. Term and Termination
These terms take effect when you first use the website and continue until terminated. A client engagement continues for the term stated in the applicable agreement. Either party may terminate an engagement for convenience by giving the notice period stated in the agreement. Either party may terminate an engagement immediately if the other party commits a material breach and does not cure the breach within the period stated in the agreement.
Upon termination, the Client will pay for all services performed and expenses incurred up to the date of termination, and each party will return or destroy the confidential information of the other party as directed. Sections of these terms that by their nature survive termination, including the sections on intellectual property, confidentiality, warranties, limitation of liability, and indemnification, will continue to apply.
15. Changes to Services and Terms
The Company may update these Terms of Service from time to time to reflect changes in the way the website works, changes in the services, or changes in the law. When the terms change, the Company will revise the effective date at the top of this page. By continuing to use the website or the services after the effective date of revised terms, you accept the revised terms.
For active client engagements, changes to the commercial terms of the engagement will be made only by written agreement. Changes to these standard terms do not modify an existing written agreement unless the parties agree in writing. The Company may add, modify, or discontinue features of the website at any time, and will make reasonable efforts to provide notice when a material feature is discontinued.
16. Governing Law and Disputes
These terms are governed by and interpreted in accordance with the laws of the province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law principles. For engagements with clients located outside Canada, the governing law specified in the written agreement will apply in place of this section.
The parties will first attempt to resolve any dispute arising out of these terms or the services through good faith negotiation. If the dispute is not resolved through negotiation, the parties will attempt to resolve it through mediation before commencing any legal proceeding. Any legal proceeding will be brought in the courts of the province of Ontario, and the parties consent to the jurisdiction of those courts. Nothing in this section limits a party right to seek injunctive or other equitable relief to protect its confidential information or intellectual property.
17. General Provisions
If any provision of these terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force. The failure of either party to enforce a provision of these terms is not a waiver of the right to enforce that provision in the future.
The Company may delegate the performance of services to qualified subcontractors, and will remain responsible for the work performed by its subcontractors. The Client may not assign these terms or an engagement without the prior written consent of the Company. These terms, together with any written agreement for services, constitute the entire agreement between the parties regarding the subject matter and supersede all prior communications and agreements.
18. Contact Information
If you have questions about these Terms of Service, about a proposal or engagement, or about any other matter, you can contact the Company using the details below. The Company will respond to inquiries within a reasonable period.
Company: Yug Enterprises Inc.
Address: Unit 1 948 Winterhalt Avenue, CAMBRIDGE - N3H 4J6, Canada (CA)
Email: notify@yug.mom
Phone: +15708164341
Website: www.yug.mom