Introduction
These Terms of Service, together with any documents referenced within them, govern your access to and use of the website operated by Tba Global Consulting Inc. and the consulting services that we provide. Please read these terms carefully before using our website or engaging our services.
Tba Global Consulting Inc. is a computer systems design and related services firm operating within the professional, scientific and technical services sector. We provide computer integrated systems design, systems integration, cloud architecture, data and reporting, cybersecurity and automation services to organisations of all sizes.
These terms form a binding agreement between you, whether acting on your own behalf or on behalf of an organisation, and Tba Global Consulting Inc. If you are using the website or services on behalf of an organisation, you represent that you have authority to bind that organisation to these terms.
Acceptance of Terms
By accessing or using our website, by contacting us, or by entering into an engagement with us, you agree to be bound by these Terms of Service. If you do not agree to these terms, you must not use our website or our services.
We may update these terms from time to time as described in the Changes to These Terms section. Your continued use of the website or services after any change constitutes your acceptance of the updated terms.
In addition to these general terms, specific engagements may be governed by a separate written agreement. Where a conflict exists between these general terms and a signed engagement agreement, the signed agreement will control with respect to that engagement.
Definitions
For the purposes of these terms, the following definitions apply.
The Company, we, us and our refer to Tba Global Consulting Inc., located at 23 Chasing Grove, RICHMOND - K0A 2Z0, Canada (CA).
You and your refer to the individual or organisation accessing our website or using our services.
Services refer to the consulting, design, integration, support and related services that we provide.
Website refers to the site located at https://www.tba.hair and any related pages or subdomains operated by us.
Engagement refers to a specific project or arrangement under which we provide services to a client.
Deliverables refers to the reports, designs, documentation, configurations and other materials produced in the course of an engagement.
Our Services
We provide computer systems design and related services. Our work generally falls within one of three engagement models, which are described in more detail on our website and in our proposals.
Advisory. We assess your current technology environment, identify opportunities and risks, and produce a clear strategy and roadmap for change.
Implementation. We design, build, configure and integrate systems according to an agreed plan, and we hand over the completed work with documentation and training.
Managed services. We operate and continuously improve your systems under an ongoing agreement, providing monitoring, support and optimisation.
The specific scope, timeline and deliverables of any engagement will be set out in a proposal, statement of work or other written agreement between us and the client.
We may also provide one-off workshops, audits, security reviews or technology assessments on a fixed-fee or time and materials basis. The nature of these shorter engagements will be described in the relevant proposal, and the applicable terms of that proposal will supplement these general terms.
Client Responsibilities
Successful delivery of our services depends on cooperation between us and the client. You agree to provide us with timely access to the information, systems, personnel and facilities that are reasonably necessary for us to perform the services.
You are responsible for ensuring that the information you provide to us is accurate and complete, and that you have the rights and permissions necessary for us to access and process any systems or data involved in an engagement.
You are responsible for maintaining backups of your data and for reviewing any work or deliverables that we produce. You agree to appoint a point of contact who can make decisions and provide information in a timely manner throughout the engagement.
You are also responsible for complying with all applicable laws and regulations in connection with your use of the website and services.
Acceptable Use
You agree to use our website and services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the website by, any other person.
You must not use the website to transmit or store any content that is unlawful, harmful, defamatory, obscene, infringing or otherwise objectionable. You must not attempt to gain unauthorised access to our systems, interfere with the operation of the website, or introduce malicious software.
You must not use automated means, such as bots or scrapers, to collect data from the website in a manner that imposes an unreasonable load on our infrastructure, unless you have our prior written permission.
We reserve the right to investigate any suspected breach of this section and to take appropriate action, including suspending access, reporting activity to the relevant authorities and pursuing legal remedies.
Proposals and Engagement
Any proposal, quotation or estimate that we provide is valid for the period stated within it. Prices and scope are based on the information available to us at the time of writing, and we may revise a proposal if the underlying circumstances or requirements change materially.
An engagement becomes binding when both parties sign a written agreement or when you provide written acceptance of our proposal together with any requested deposit or confirmation. Until that point, any preliminary work or advice we provide is informational only and does not create a professional obligation.
Changes to the scope of an engagement must be agreed in writing. We will provide a revised estimate for any additional work requested outside the original scope.
Fees and Payment
Fees for our services are set out in the applicable proposal or agreement. Unless otherwise stated, fees are quoted in Canadian dollars and are exclusive of applicable taxes, which will be added where required by law.
Invoices are payable within the period stated on the invoice, which is typically thirty days from the date of issue. We may require a deposit before commencing work or before certain milestones.
Late payments may be subject to interest at the rate permitted by applicable law, and we may suspend or terminate services if invoices remain unpaid after reasonable notice. You are responsible for any reasonable costs we incur in collecting overdue amounts.
Expenses that we incur on your behalf, such as travel or third party licences, will be itemised and billed separately or as otherwise agreed.
Confidentiality
In the course of an engagement, each party may disclose confidential information to the other. Confidential information includes business plans, financial information, technical data, client information, source code and any other information that is marked confidential or that a reasonable person would understand to be confidential.
Each party agrees to protect the confidential information of the other party using at least the same degree of care that it uses to protect its own confidential information, and to use such information only for the purpose of the engagement.
Confidential information does not include information that is or becomes publicly available without breach, information that is independently developed, or information that is lawfully received from a third party without restriction.
The obligations in this section survive the termination of the engagement for the period required by applicable law or the applicable agreement.
Upon termination of an engagement, each party will, at the request of the other, return or destroy confidential information in its possession, provided that a party may retain copies to the extent required by law or for reasonable record keeping purposes.
Intellectual Property
Unless otherwise agreed in writing, we retain ownership of all pre-existing materials, tools, methodologies, frameworks and know-how that we use or develop in the course of providing services, together with all intellectual property rights in those materials.
Upon full payment of all amounts due, we will assign or licence to the client, as specified in the engagement agreement, the rights to any deliverables that are created specifically for that client. The terms of that assignment or licence will be set out in the applicable agreement.
Where our services involve third party software or components, those components remain subject to the licence terms of their respective owners, and the client is responsible for obtaining any licences required for its use of such software.
Nothing in these terms grants you any right to use our name, logo or trademarks without our prior written consent.
Warranties and Disclaimers
We warrant that we will perform the services with reasonable skill and care and in accordance with the applicable agreement and professional standards. This warranty is the sole and exclusive warranty we make regarding the services.
Except as expressly set out in these terms or in an applicable agreement, the website and the services are provided on an as is and as available basis. We do not warrant that the website will be uninterrupted, error free or free of harmful components, and we disclaim all other warranties to the fullest extent permitted by law.
We do not warrant that any particular business outcome, such as cost savings, revenue growth or performance improvement, will be achieved as a result of the services. Any estimates or projections that we provide are made in good faith based on available information but are not guarantees of results.
Nothing in these terms is intended to limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for fraud or for death or personal injury caused by negligence.
Limitation of Liability
To the fullest extent permitted by law, Tba Global Consulting Inc. will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with these terms, the website or the services.
Our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort or otherwise, will not exceed the amount of fees paid or payable by the client under the agreement for that engagement, or a lesser amount if specified in the applicable agreement.
These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless Tba Global Consulting Inc., its directors, employees and agents from and against any claims, damages, losses, liabilities and expenses, including reasonable legal fees, arising out of or in connection with your use of the website or services, your breach of these terms, or your violation of any law or the rights of a third party.
We will provide you with prompt notice of any such claim and will reasonably cooperate with you in the defence of the claim at your expense. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence.
Termination
You may stop using the website at any time. These terms will continue to apply to any prior use of the website and to any engagements that are in progress.
Either party may terminate an engagement in accordance with the termination provisions of the applicable agreement. Where an agreement does not specify termination provisions, either party may terminate by giving reasonable written notice, provided that the client remains responsible for fees incurred for work performed up to the date of termination.
We may suspend or terminate your access to the website or services if you breach these terms and fail to remedy the breach within a reasonable period after notice, or if required to do so by law.
Provisions that by their nature should survive termination, including confidentiality, limitation of liability and intellectual property, will continue to apply.
Upon termination, the client will pay all outstanding fees for work performed and expenses incurred up to the date of termination. We will cooperate with the client to return any materials belonging to the client and to complete a reasonable handover of work in progress, subject to payment of any amounts due.
Governing Law
These terms and any dispute arising out of or in connection with them will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict of law principles.
The parties agree that the courts located in Ontario, Canada will have exclusive jurisdiction over any dispute arising out of or relating to these terms, the website or the services, subject to the dispute resolution provisions below where applicable.
Dispute Resolution
We aim to resolve disagreements efficiently and amicably. Before initiating any formal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation. A party wishing to raise a dispute will provide written notice describing the dispute, and the parties will meet or confer within a reasonable period.
If the dispute cannot be resolved through negotiation, the parties may agree to submit the dispute to mediation or to another form of alternative dispute resolution before resorting to litigation.
Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its rights or property.
Changes to These Terms
We may revise these Terms of Service from time to time to reflect changes in our services, our business practices or the law. When we make changes, we will update the effective date at the top of this page.
Material changes will be highlighted on the website, and we encourage you to review these terms periodically. Your continued use of the website or services after the effective date of any change constitutes acceptance of the revised terms.
Changes to these terms will not apply retroactively to engagements that are already in progress, which will continue to be governed by the terms and agreements in effect when they began, unless the parties agree otherwise in writing.
Contact Information
If you have any questions or concerns about these Terms of Service, please contact us using the details below.
Tba Global Consulting Inc.
23 Chasing Grove
RICHMOND - K0A 2Z0
Canada (CA)
Email: serve@tba.hair
Telephone: +13198205407
Website: https://www.tba.hair
We will acknowledge your enquiry and respond to it in a timely manner.