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Terms of Service

Last updated: January 23, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Followiz Marketing Inc ("Company," "we," "our," or "us") governing your use of our website followiz-lab.com and our professional technology consulting services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our services.

2. Services Description

Followiz Marketing Inc provides professional technology consulting services, including but not limited to:

  • Custom software development and web applications
  • Data analytics and business intelligence solutions
  • Process automation and workflow optimization
  • Cloud infrastructure design and management
  • IT consulting and strategic technology planning
  • Security assessments and compliance consulting

The specific scope, deliverables, timeline, and pricing for any engagement will be defined in a separate Statement of Work (SOW) or service agreement between the parties.

3. Client Responsibilities

As a client, you agree to:

  • Provide accurate and complete information required for project execution
  • Respond to requests for feedback and approvals in a timely manner
  • Ensure authorized personnel are available for necessary consultations
  • Provide access to systems, data, and resources as needed for service delivery
  • Make payments according to agreed-upon terms
  • Comply with all applicable laws and regulations

4. Intellectual Property Rights

Client Materials: You retain all rights to materials, data, and content you provide to us for the purpose of service delivery.

Deliverables: Upon full payment, you will own the deliverables created specifically for your project, except for any pre-existing materials or third-party components incorporated therein.

Company Materials: We retain all rights to our pre-existing intellectual property, methodologies, tools, frameworks, and general knowledge gained through providing services.

License: We grant you a non-exclusive, perpetual license to use any of our pre-existing materials incorporated into your deliverables for your internal business purposes.

5. Payment Terms

Unless otherwise specified in a separate agreement:

  • Fees are as quoted in proposals or statements of work
  • Payment is due within 30 days of invoice date
  • Late payments may incur interest at 1.5% per month
  • All fees are in Canadian dollars (CAD) unless otherwise specified
  • You are responsible for all applicable taxes

We reserve the right to suspend services for accounts with outstanding balances exceeding 60 days.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of our engagement. This includes, but is not limited to:

  • Business plans, strategies, and financial information
  • Technical specifications and source code
  • Customer and employee data
  • Trade secrets and proprietary processes

Confidentiality obligations survive the termination of any agreement for a period of five (5) years.

7. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards.

DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or that all defects will be corrected. We make no guarantees regarding specific business outcomes or results.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FOLLOWIZ LAB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Followiz Marketing Inc and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your breach of these Terms
  • Your violation of any applicable law or regulation
  • Your infringement of any third-party rights
  • Materials or data you provide to us

10. Termination

Either party may terminate an engagement:

  • For convenience with 30 days written notice
  • Immediately if the other party materially breaches these Terms and fails to cure within 15 days of written notice
  • Immediately if the other party becomes insolvent or files for bankruptcy

Upon termination, you shall pay for all services performed up to the termination date. Sections relating to intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination.

11. Website Use

When using our website, you agree not to:

  • Use automated systems to access the website without permission
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of the website
  • Upload malicious code or harmful content
  • Violate any applicable laws or regulations

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

Any disputes arising from these Terms shall be resolved through binding arbitration in Drummondville, Quebec, in accordance with the Civil Code of Quebec. The arbitrator's decision shall be final and binding.

13. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, pandemics, or failures of third-party services.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Your continued use of our services after any modifications indicates your acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

16. Entire Agreement

These Terms, together with any applicable Statement of Work or service agreement, constitute the entire agreement between you and Followiz Marketing Inc regarding the subject matter herein and supersede all prior agreements and understandings.

17. Contact Information

For questions about these Terms of Service, please contact us at:

Followiz Marketing Inc
2115 St-Nicolas
Drummondville, QC J2B 7A8
Canada

Email: contact@followiz-lab.com
Alternative: antoine@followiz.com
Phone: +1 (814) 201-1783