Xacent Global – Terms of Service
1. Acceptance of Terms
By accessing and using the services, websites, and software (collectively, “Services”) provided by Xacent Global (“we,” “us,” “our”), you (“user,” “client,” “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree with any part of the Terms, you may not access or use the Services.
We reserve the right to change or modify these Terms at any time. Continued use of the Services following any such changes constitutes your acceptance of the updated Terms.
2. Services Provided
Xacent Global offers a wide range of technology services, including but not limited to custom software development, IT outsourcing, cloud migration, consulting services, and managed IT services. The specific scope and details of the services provided to each client will be outlined in individual service agreements or proposals.
3. Eligibility and Account Responsibilities
By using our Services, you represent and warrant that you:
- Are at least 18 years old;
- Have the legal authority to enter into binding contracts;
- Will provide accurate, complete, and up-to-date information when creating an account with us;
- Are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Service Availability and Modifications
While we strive to ensure that our Services are available at all times, we do not guarantee uninterrupted access. We may need to perform maintenance, updates, or modifications that may temporarily limit access to our Services. Xacent Global reserves the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice or liability.
5. Pricing and Payment
The fees for our Services will be detailed in a separate service agreement or proposal. You agree to pay all fees and charges in accordance with the agreed-upon payment terms. Payments are due as specified in the invoice or contract, and late payments may incur additional charges or interest.
Unless otherwise stated, all payments must be made in the currency specified in the agreement, and you are responsible for any applicable taxes, fees, or charges, including bank transfer fees.
6. Confidentiality and Data Protection
Both parties agree to maintain the confidentiality of all proprietary or confidential information shared during the course of their relationship. This includes any business, financial, technical, or other sensitive information.
Xacent Global respects the privacy of its clients and users. Any personal data we collect will be handled in accordance with our Privacy Policy, which outlines how we collect, store, and use your personal information. You agree that your use of our Services is subject to this policy.
7. Intellectual Property
All content, materials, and intellectual property associated with the Services, including but not limited to software, designs, text, graphics, logos, and images, are the property of Xacent Global or its licensors and are protected by copyright, trademark, and other applicable laws.
You may not copy, distribute, modify, or create derivative works from any content provided by Xacent Global without our express written consent.
8. Client Data and Usage Rights
All data, including but not limited to code, files, information, and other materials created by Xacent Global during the course of providing services to you will remain your property. Upon completion of the project, all deliverables will be transferred to you in accordance with the terms set out in the service agreement.
You grant Xacent Global the limited right to use anonymized and aggregated data for purposes such as improving our services or compiling case studies unless otherwise agreed upon.
9. Third-Party Services
Our Services may include integration with third-party tools, services, or platforms. Xacent Global is not responsible for the content, policies, or practices of third-party providers. Your use of third-party services is at your own risk and is governed by the terms and conditions of those providers.
10. Warranties and Disclaimers
Xacent Global provides its Services on an “as-is” and “as-available” basis. We make no warranties or representations, express or implied, regarding the reliability, accuracy, or completeness of the Services.
To the fullest extent permitted by law, Xacent Global disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any guarantees of uptime or error-free performance.
11. Limitation of Liability
In no event shall Xacent Global be liable for any indirect, incidental, consequential, or punitive damages arising from or related to your use of the Services. This includes but is not limited to damages for loss of profits, data, or goodwill, whether based in contract, tort (including negligence), or otherwise, even if Xacent Global has been advised of the possibility of such damages.
Xacent Global’s total liability, whether in contract or tort, shall not exceed the total amount paid by you for the Services in the six months preceding the event giving rise to the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Xacent Global and its officers, employees, agents, and affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Services;
- Your violation of these Terms or any applicable law;
- Any content or information you provide or submit through the Services.
13. Termination
Either party may terminate the relationship at any time, with or without cause, by providing written notice in accordance with the terms of the applicable service agreement.
Xacent Global reserves the right to suspend or terminate your access to the Services without prior notice if you breach these Terms or engage in any conduct that we deem harmful to our interests or the interests of other users.
Upon termination, all rights and licenses granted to you under these Terms will immediately cease, and any outstanding payments will become due.
14. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the province of Ontario. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Ottawa, Ontario, Canada.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
16. Entire Agreement
These Terms, along with any applicable service agreement, constitute the entire agreement between you and Xacent Global regarding the use of the Services. Any prior agreements, communications, or understandings between the parties are superseded by these Terms.
Contact Us
If you have any questions about these Terms or need further clarification, please contact us at:
Xacent Global
Email: info@xacent.com