1. Acceptance of Terms
By accessing or using the website and services provided by LOF CONSTRUCTION Ltd (referred to as "LOF CONSTRUCTION," "we," "us," or "our"), you agree to be bound by these Terms of Service (the "Terms"). If you do not agree with any part of these Terms, you must not access or use our website or services. These Terms apply to all visitors, users, clients, and others who access or use our services.
2. Description of Services
LOF CONSTRUCTION Ltd provides computer systems design and related technical services, including but not limited to systems architecture and design, software development and engineering, IT infrastructure consulting, cloud solutions and migration, technical project management, and systems integration and deployment. The specific scope, deliverables, timelines, and fees for each engagement shall be defined in a separate service agreement or statement of work executed by both parties.
3. Intellectual Property Rights
3.1 Our Intellectual Property
All content, materials, trademarks, logos, and intellectual property displayed on our website, including but not limited to text, graphics, software, source code, design layouts, methodologies, frameworks, and documentation, are the property of LOF CONSTRUCTION Ltd or its licensors and are protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, or exploit any of our intellectual property without our prior written consent.
3.2 Deliverables
Upon full payment for services rendered, and subject to the terms of any separate service agreement, we grant you a non-exclusive, non-transferable license to use the deliverables produced specifically for you under the engagement. We retain all rights to our pre-existing intellectual property, tools, frameworks, and methodologies used in the course of providing services.
3.3 Feedback
If you provide us with any suggestions, feedback, recommendations, or ideas regarding our services, you grant us the right to use such feedback without any obligation to you, including for the purpose of improving our services and developing new offerings.
4. User Obligations
By using our website and services, you agree to:
- Provide accurate, current, and complete information when requested
- Maintain the confidentiality of any account credentials or access credentials provided to you
- Use our services and website only for lawful purposes and in compliance with all applicable laws and regulations
- Not engage in any activity that could harm, disrupt, or impair the functioning of our website or services
- Not attempt to gain unauthorized access to our systems, networks, or data
- Not use our services to transmit any malicious code, viruses, or harmful content
- Not reproduce, duplicate, copy, or resell any part of our services without prior written permission
5. Client Responsibilities
As a client engaging our services, you are responsible for:
- Providing timely access to necessary information, resources, and personnel
- Making timely decisions and approvals required for project progress
- Ensuring that any materials, data, or content you provide do not infringe on third-party rights
- Paying all fees and expenses in accordance with the agreed payment schedule
- Maintaining appropriate insurance and compliance with applicable laws relevant to your business
6. Fees and Payment
Fees for our services shall be as set forth in the applicable service agreement or statement of work. Unless otherwise agreed in writing, all fees are payable within thirty (30) days of the invoice date. Late payments may be subject to a service charge of 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend services for accounts that are more than thirty (30) days past due.
7. Limitation of Liability
To the maximum extent permitted by applicable law:
- LOF CONSTRUCTION Ltd and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to these Terms or the use of our services
- Our total liability for any claim arising under these Terms shall not exceed the total amount paid by you for the specific service giving rise to the claim during the twelve (12) months preceding the event giving rise to liability
- We shall not be liable for any loss or damage caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, or government actions
8. Disclaimer of Warranties
Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing. We do not warrant that our services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. While we strive to deliver high-quality services, we cannot guarantee that results will meet your specific expectations or requirements in every case.
9. Indemnification
You agree to indemnify, defend, and hold harmless LOF CONSTRUCTION Ltd, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your use of our website or services in violation of these Terms
- Your violation of any applicable law or the rights of any third party
- Any content, data, or materials you provide to us that infringe on third-party intellectual property rights
10. Termination
Either party may terminate a service engagement in accordance with the termination provisions set forth in the applicable service agreement. We reserve the right to suspend or terminate your access to our website or services at any time, without prior notice, if you violate these Terms or engage in conduct that we reasonably believe could harm us or other users. Upon termination, your right to access and use our services shall immediately cease. Sections concerning intellectual property, limitation of liability, indemnification, and governing law shall survive termination.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall first be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the Arbitration Act (Ontario). The arbitration shall take place in Niagara Region, Ontario, and the decision of the arbitrator shall be final and binding on both parties.
12. Privacy
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.
13. Communications
By using our services, you consent to receive communications from us electronically, including via email or through our website. You agree that all notices, agreements, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You may withdraw this consent at any time by contacting us, but doing so may affect our ability to provide services to you.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website, with an updated "Last updated" date. Your continued use of our website or services after any modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically. For material changes, we will make reasonable efforts to notify you in advance.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreement or statement of work, constitute the entire agreement between you and LOF CONSTRUCTION Ltd regarding your use of our website and services, superseding any prior agreements or understandings, whether written or oral.
Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:
LOF CONSTRUCTION Ltd
5946 Regional Rd 20
St Anns, ON L0R 1Y0
Canada
Email: contact@lofbuild.hair
Phone: +1 (523) 106-4955
For legal notices, please send correspondence to the physical address above, marked "Attention: Legal Department." We will make every effort to respond to your inquiry within a reasonable timeframe.