Amendments
This agreement may be amended or modified only by a written agreement signed by both parties. Any oral modifications or verbal understandings will not be enforceable. Both parties agree that any changes to the terms, conditions, or scope of services will be documented in writing, either as an amendment to this agreement or as a separate addendum. This clause ensures that all modifications to the agreement are mutually agreed upon and clearly documented to avoid any misunderstandings or disputes in the future.
Compliance With Laws
Both parties are required to comply with all applicable federal, provincial, and local laws, rules, and regulations in the execution of this agreement. This includes, but is not limited to, laws related to data protection, intellectual property rights, privacy, and any other industry-specific regulations that may apply. Peel Autism Services takes reasonable steps to ensure that its services comply with all legal requirements, but it is ultimately the client's responsibility to ensure their own compliance in the use of those services. Any illegal use or violation of laws through the client’s website or project shall be the sole responsibility of the client.
Intellectual Property Rights
Peel Autism Services retains full ownership and intellectual property rights to any proprietary tools, systems, or components used or developed in the course of providing services under this agreement. Upon final payment, the client will receive full rights to any custom-developed software, code, or content specifically created for the project. Peel Autism Services reserves the right to reuse generic components, libraries, or systems developed during the project for future projects. The client acknowledges that Peel Autism Services retains a non-exclusive, perpetual license to use the final deliverables for promotional purposes, including case studies, portfolios, and marketing materials, unless explicitly denied in writing by the client.
Liability Limitations
Peel Autism Services will not be held liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, or business opportunities, arising out of or related to the use of our services or failure to meet any of our obligations under this agreement. The total liability of Peel Autism Services in any event will not exceed the amount paid by the client under this agreement, even in cases of negligence, breach of contract, or tort. This limitation is an essential foundation of the pricing and agreement between the parties. The client acknowledges that this limitation is fair and reasonable considering the nature of the services and products provided by Peel Autism Services, and it applies to any and all claims, regardless of whether such claims are grounded in contract, warranty, negligence, strict liability, or any other legal theory.
Limitation On Support
Peel Autism Services offers support for all deliverables for a period of thirty (30) days following project completion. During this period, Peel Autism Services will address any bugs, issues, or defects discovered in the deliverables at no additional cost to the client. After this initial support period, any further support requests will be subject to a separate maintenance agreement or hourly billing at Peel Autism Services' standard rates. The support services provided during the initial thirty (30) day period are limited to correcting issues that prevent the deliverables from functioning as specified in the project scope.
No Warranties
Peel Autism Services provides its services on an 'as is' basis, without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. While Peel Autism Services strives to deliver services of the highest quality, it does not guarantee that the services provided will be error-free, secure, or uninterrupted. Any third-party services or software used in the course of providing the services are subject to the warranties, if any, provided by the third-party providers, and Peel Autism Services makes no representations or warranties regarding such third-party products or services.
Severability
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be replaced with a valid provision that most closely approximates the intent of the original provision, and the parties will negotiate in good faith to agree upon a suitable replacement. This ensures that the agreement remains legally binding and enforceable, even if certain provisions are invalidated by a court or other authority.
Third Party Services
Peel Autism Services may use third-party services, tools, or software in the course of providing services to the client. These third-party services are essential to delivering a comprehensive solution but are subject to the terms, conditions, and limitations imposed by their respective providers. Peel Autism Services will make reasonable efforts to ensure that any third-party services used are reliable, but it cannot guarantee their performance, availability, or compatibility with the project. The client agrees to indemnify and hold Peel Autism Services harmless from any claims, liabilities, or damages resulting from the use of third-party services.