Changes to Policy
Peel Autism Services reserves the right to update or modify this privacy policy at any time to reflect changes in our business practices, legal requirements, or technology. Any updates to this policy will be posted on this page with a 'Last Updated' date to inform users of the modifications. We encourage users to review this page periodically to stay informed about how we protect their personal information. Continued use of our services following any changes to the privacy policy will be considered acceptance of those changes. Users who do not agree with the updated terms must discontinue use of our services and may contact us to address any concerns or data rights issues.
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.
Confidentiality
Both parties agree to maintain strict confidentiality with respect to all proprietary information, trade secrets, and any other sensitive information received from the other party. This confidentiality obligation includes the protection of all client data, project details, and intellectual property rights. Peel Autism Services will take reasonable precautions to prevent unauthorized disclosure or misuse of confidential information, including maintaining secure systems and procedures for handling sensitive data. This confidentiality obligation will remain in effect even after the termination of this agreement, safeguarding both parties' rights and interests.
Dispute Resolution
Any disputes arising from or related to this agreement will first be resolved through direct negotiation and mediation. Should these efforts fail, the parties agree to submit the dispute to binding arbitration in Toronto, Ontario, under the rules of the Arbitration Act, 1991 (Ontario), or subsequent legislation. The arbitration will be conducted in English, and the decision of the arbitrator will be final and binding on both parties. Arbitration is intended to provide a swift and efficient resolution to disputes without the time, cost, or uncertainty of litigation, preserving the confidentiality and integrity of both parties involved. In case of failure to settle the dispute through arbitration, either party may seek legal remedy in the courts of Ontario.
General
At Peel Autism Services, we prioritize your privacy and the security of your personal information. As part of our commitment to transparency and user trust, we use cookies and similar technologies on our website to enhance your experience, facilitate authentication, and safeguard our platform. This Cookie Policy provides a detailed explanation of what cookies are, how and why we use them, and hoAccew you can manage them. By using our website, you consent to the use of cookies in accordance with this policy, unless you have disabled them via your browser settings. This policy is designed to give you clear and accessible information on how Peel Autism Services handles cookies and ensures compliance with privacy laws, including the General Data Protection Regulation (GDPR).
Governing Law
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any disputes arising out of or relating to this agreement will be resolved in the courts of Toronto, Ontario, Canada. The client agrees to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, for the resolution of any disputes under this agreement. This governing law provision ensures that both parties have a predictable and clear legal framework for resolving disputes, providing legal certainty throughout the contract's life cycle.
Kill Fee Percentage
In the event that the project is canceled by the client before completion, a kill fee of fifty percent (50%) of the total remaining project balance will be due immediately. This fee is non-negotiable and is intended to compensate Peel Autism Services for the time, resources, and opportunity costs associated with the project. The kill fee applies to all canceled projects, regardless of the stage of completion, and must be paid in full before the client can receive any deliverables created up to that point. Peel Autism Services retains ownership of all materials and intellectual property until the kill fee is paid.
Late Payment Fee Rate
A late payment fee of ten percent (10%) per month of the outstanding balance will be applied for any payments not received by the due date. This fee is designed to cover the administrative burden, financial costs, and delays caused by late payments. Peel Autism Services requires timely payments to ensure that services are delivered without interruption and to maintain operational efficiency. Clients will receive a reminder notice 7 days before the due date, followed by a formal late payment notification if the balance remains unpaid. If an invoice remains unpaid for more than 60 days, Peel Autism Services reserves the right to suspend ongoing services, including hosting, domain management, and other critical services, until the outstanding balance is settled. In the case of non-payment extending beyond 90 days, the account may be handed over to a collections agency, and additional legal fees may apply. All clients are required to adhere to these payment terms to avoid service disruptions and maintain financial transparency.
Legal Compliance
Peel Autism Services is fully compliant with all applicable data protection laws and regulations, including the Personal Information Protection and Electronic Documents Act (PIPEDA) of Canada, General Data Protection Regulation (GDPR) for EU clients, and other relevant privacy frameworks. We ensure that all data collection, processing, and storage practices adhere to the principles of legality, transparency, and fairness. Peel Autism Services regularly reviews its privacy practices and updates them to reflect changes in the law or business practices. By using our services, users agree to comply with any legal obligations regarding the protection and security of personal data.
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.
Monthly Fees
The client agrees to pay Peel Autism Services for all recurring services, including but not limited to hosting, email, domain management, SSL certificates, and other related services as outlined in the service agreement. Fees are due monthly, on the date specified in the agreement, and are necessary to ensure the continued operation and security of the website. Peel Autism Services reserves the right to modify the fee structure with prior notice, in accordance with Ontario law. The client acknowledges that failure to make payments on time may result in service suspension, termination, or additional charges. All payments must be made using the agreed-upon payment methods, and it is the client’s responsibility to ensure funds are available. Peel Autism Services is not liable for any loss of business, leads, or profits due to service suspension resulting from non-payment or late payment.
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.
Non Negotiable Late Fees
Late fees are non-negotiable to ensure prompt settlement of dues and maintain financial discipline. Peel Autism Services takes this stance to promote fairness across all client accounts and to avoid preferential treatment. The imposition of late fees is critical in covering the increased operational costs incurred by delayed payments, such as cash flow shortages and administrative delays. Clients are expected to settle any outstanding balances, including late fees, in full before the reinstatement of any suspended services. Should a client fail to adhere to these terms, Peel Autism Services reserves the right to escalate the matter legally, including the initiation of collections proceedings. This policy complies with Ontario law, specifically under the Commercial Tenancies Act, and is designed to protect the business from financial harm caused by delinquent accounts.
On going Service Adjustment
Any adjustments to the terms, conditions, or fees for ongoing services require sixty (60) days' notice from Peel Autism Services to the client. This notice will outline the reasons for the adjustment, the scope of the change, and how it impacts the current service agreement. Clients will have the opportunity to review and agree to the adjustments, or, if they choose, they may terminate the service before the adjustment takes effect by providing written notice within 30 days of receiving the adjustment notice. Failure to respond or terminate will result in the acceptance of the new terms and conditions. This clause ensures that service agreements remain flexible and responsive to both market changes and the client’s evolving needs, while maintaining compliance with consumer protection regulations in Ontario.
On going Service Cancellation
Cancellation of ongoing services requires sixty (60) days’ written notice from either party, allowing time for an orderly termination of services and for the client to transition their digital assets, if necessary. Upon cancellation, Peel Autism Services will cease all services related to hosting, domain management, SSL, and maintenance on the agreed-upon termination date. Any fees or invoices outstanding at the time of cancellation must be settled in full prior to the termination date to avoid legal or financial disputes. Peel Autism Services will provide reasonable assistance during the transition period, including access to data backups or domain transfer assistance, but these services may incur additional fees. Failure to provide 60 days' notice will result in the client being liable for the full renewal fees for the next service period. This policy ensures a fair and structured process for service termination, complying with Ontario's Consumer Protection Act and the Sale of Goods Act, ensuring fairness and clarity for all parties.
Payment Terms
Standard payment terms require 50% of the total project cost upfront, 25% upon delivery of the first demo, and 25% upon project completion. In certain cases, Peel Autism Services may agree to alternative payment arrangements, such as installment plans, which must be outlined in a formal agreement. Clients who fail to adhere to the agreed payment terms may face delays in project delivery or suspension of work. Payments are due within 30 days of receiving the invoice unless otherwise specified in the contract. Peel Autism Services reserves the right to charge interest on overdue payments in accordance with Ontario law.
Payment Timeliness
Timely payment is crucial to avoid service disruption. The client must ensure that all payments are made before or on the due date specified in the service agreement. Late payments may incur additional fees, including but not limited to interest, late payment penalties, and administrative fees, as outlined in the agreement. Peel Autism Services reserves the right to suspend or permanently terminate services if payments are not received within the grace period provided. The client will be notified of any pending suspension, but Peel Autism Services is not responsible for losses incurred due to suspension or termination of services. The client acknowledges that Peel Autism Services is not obligated to maintain any backups of website data during the period of non-payment and that data may be irretrievably lost if services are terminated.
Responsibility Disclaimer
Peel Autism Services provides web development and related technical services to the client, but makes no representations or warranties that the launch of the website will result in traffic, leads, conversions, or business success. The client acknowledges that the success of the website, including but not limited to visitor engagement, lead generation, and sales, depends largely on the client’s own efforts in marketing, content management, and customer service. Peel Autism Services is not responsible for any business losses, lost profits, or damages resulting from the client’s failure to execute effective marketing strategies or maintain the website post-launch. This includes, but is not limited to, any third-party platform failures, search engine algorithm changes, or external economic conditions that may affect website performance. Peel Autism Services' liability is strictly limited to the scope of technical services provided under the signed agreement.
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.
Special Terms
Expedited delivery of project deliverables will incur additional charges to reflect the increased allocation of resources and labor required to meet the client’s accelerated timeline. A detailed quote will be provided for client approval before any expedited work begins. Peel Autism Services makes every effort to meet expedited delivery timelines but cannot be held liable for delays caused by factors beyond its control, such as client delays in providing materials, third-party service interruptions, or unforeseeable events. Expedited services are subject to the same terms and conditions as standard services and are billed separately from the project’s main costs.
Termination Conditions
Either party may terminate this agreement by providing thirty (30) days’ written notice to the other party. Upon termination, Peel Autism Services will immediately stop all ongoing work, and the client will be responsible for payment of any services rendered up until the date of termination. In the event that the client terminates the agreement before the completion of the project, a 'kill fee' of fifty percent (50%) of the total remaining project balance will be due immediately to Peel Autism Services, compensating for resources allocated, work performed, and opportunity costs lost. Termination does not relieve either party from any obligations incurred before termination, and all proprietary rights, intellectual property, and confidentiality obligations remain in effect after termination.