These Terms of Service (the Terms) govern your access to and use of the website located at https://www.bertramend.hair and the services offered by Bertram Endeavours Spv Gp Inc. (referred to as the Company, we, our or us). By accessing the website or engaging our services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference.
Please read these Terms carefully before using the website or our services. If you do not agree to any part of these Terms, you must not access the website or use the services. Your continued use of the website constitutes your acceptance of the Terms as they may be updated from time to time.
These Terms form a legally binding agreement between you and the Company. They apply to all visitors, users and clients, including those who access the website on behalf of a business or other legal entity.
Bertram Endeavours Spv Gp Inc. is a Canadian company that provides computer systems design and related services within the professional, scientific and technical services sector. Our work includes computer integrated systems design, venture structuring, and advisory across growth ventures, infrastructure, technology and property.
The Company is located at 37 Medhurst Road, TORONTO - M4B 1B2, Canada (CA). You may contact us by email at serve@bertramend.hair or by phone at +14405401414. The services described on this website are developed and operated by the developer BertramEnd on behalf of the Company.
For the purposes of these Terms, the following definitions apply. The term website means the site located at https://www.bertramend.hair and all pages, content and functionality made available through it. The term services means the computer systems design, computer integrated systems design, venture structuring and related advisory services described on the website or agreed in a separate engagement.
The term you or your means the individual or entity accessing the website or receiving the services. The term content means all text, graphics, logos, designs, code and other materials made available through the website. The term engagement means any project, retainer or other arrangement under which the Company provides services to you, whether governed by a separate written agreement or by these Terms.
The Company provides professional services in computer systems design and computer integrated systems design. This includes the analysis, planning, architecture and implementation of technology systems, the integration of hardware, software and business processes, and the structuring of ventures across growth, infrastructure, technology and property.
Detailed descriptions of our services are provided on the Services page of the website. Those descriptions are illustrative and are provided for general information only. The specific scope, deliverables and terms of any engagement will be set out in a separate written agreement or proposal accepted by both parties.
We may modify, add to or discontinue any service or any part of the website at any time without prior notice. We are not liable to you or to any third party for any modification, suspension or discontinuance of the services or the website.
By using the website or the services, you represent and warrant that you are at least eighteen years of age and have the legal capacity to enter into a binding agreement. If you are using the website or services on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms.
You further represent that all information you provide to us is accurate, current and complete, and that you will maintain and update that information as necessary. Providing false, misleading or incomplete information may result in suspension or termination of your access to the services.
You agree to use the website and services only for lawful purposes and in accordance with these Terms. You must not use the website in any way that violates applicable laws or regulations, infringes the rights of others, or interferes with the operation or security of the website.
You must not attempt to gain unauthorized access to any part of the website, the servers on which it is hosted, or any systems connected to it. You must not introduce viruses, malware or other harmful code, and you must not attempt to disrupt, disable or impair the website or its underlying infrastructure.
You are responsible for maintaining the confidentiality of any credentials or materials we provide to you, and for all activity that occurs under your account or engagement. You must notify us promptly if you become aware of any unauthorized use or security breach.
You agree to provide accurate and complete information when you contact us or enter into an engagement, and to correct that information if it changes. You also agree not to misrepresent your identity, your authority or the nature of your business when dealing with us, as doing so would undermine the trust on which our services depend.
During our relationship, each party may share confidential information with the other, including business plans, financial data, technical designs and other non public information. Each party agrees to protect the other party confidential information with at least the same degree of care it uses to protect its own confidential information.
Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, information already known to the receiving party, or information independently developed without use of the disclosing party confidential information.
Neither party will disclose the other party confidential information to any third party except as required by law or as necessary to perform its obligations under these Terms. These confidentiality obligations survive the termination of the relationship between the parties.
If a party is required by law, regulation or a valid court order to disclose confidential information, it will, where permitted, provide prompt notice to the other party so that the other party may seek a protective order or other appropriate remedy. Each party will cooperate reasonably in any effort to limit the scope of such disclosure.
All content on the website, including text, graphics, logos, button icons, designs, code and software, is the property of the Company or its licensors and is protected by applicable intellectual property laws. You may view and use the content for your personal, non commercial use in connection with your engagement with the Company.
You may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any content from the website without our prior written consent. The BERTRAM name, the keyhole mark and related logos are trademarks of the Company and may not be used without permission.
With respect to deliverables created for you in the course of an engagement, ownership and licensing of intellectual property will be addressed in the separate written agreement governing that engagement. In the absence of such terms, all intellectual property rights in our work product remain with the Company unless otherwise agreed.
The fees for our services are set out in the proposal, engagement letter or other written agreement between you and the Company. Unless otherwise stated, fees are payable within thirty days of invoice and are exclusive of applicable taxes, which will be added where required by law.
If you fail to pay an invoice when due, we may suspend the provision of services until payment is received, and we may charge interest on overdue amounts at the rate permitted by law. You are responsible for any costs we reasonably incur in collecting overdue amounts.
All fees are non refundable except as expressly provided in the applicable engagement agreement or as required by law. Travel, materials and other out of pocket expenses may be billed separately or included in the fee, as described in the engagement.
If you dispute any portion of an invoice, you must notify us in writing within fifteen days of receipt. We will review the dispute in good faith and work with you to resolve it promptly. Undisputed portions of an invoice remain payable when due, and neither party will withhold payment of undisputed amounts as leverage in a dispute.
The website and its content are provided on an as is and as available basis, without warranties of any kind, whether express or implied. To the fullest extent permitted by law, the Company disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose and non infringement.
We do not warrant that the website will be uninterrupted, error free, secure or free of viruses or other harmful components, or that any defects will be corrected. We do not warrant that the results that may be obtained from the use of the website or services will be accurate, reliable or meet your expectations.
Any content or information provided on the website is for general informational purposes only and does not constitute professional, financial, legal or investment advice. You should seek appropriate professional advice before making decisions based on website content.
To the fullest extent permitted by law, the Company and its officers, directors, employees, agents and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with your use of the website or services.
The Company total aggregate liability arising out of or relating to these Terms, the website or the services, whether in contract, tort or otherwise, will not exceed the greater of the amount you have paid to the Company in the twelve months preceding the claim or one hundred Canadian dollars.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the Company liability is limited to the maximum extent permitted by law, and nothing in these Terms is intended to limit any rights you may have that cannot be lawfully limited.
You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents and affiliates from and against any claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with your use of the website, your violation of these Terms, or your violation of any law or the rights of a third party.
This indemnification obligation survives the termination of these Terms and your use of the website. 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 of that matter.
You agree to cooperate fully in the defence of any claim and to provide us with all information reasonably requested in connection with that defence. You may not settle any claim that affects the Company rights without our prior written consent, which will not be unreasonably withheld.
We may suspend or terminate your access to the website or the services at any time, with or without notice, if we reasonably believe you have breached these Terms, if we are required to do so by law, or for any other legitimate business reason. We may also terminate an engagement in accordance with the terms of the applicable engagement agreement.
You may stop using the website at any time. To terminate an engagement for services, please refer to the termination provisions in the applicable engagement agreement. Upon termination, your right to access the website and services will cease immediately.
The provisions of these Terms that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability, indemnification and governing law, will continue to apply after termination.
These Terms and any dispute arising out of or relating to them will 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 conflict of law principles.
You agree that the courts located in Toronto, Ontario, will have jurisdiction over any legal action arising out of or relating to these Terms or the services, and you consent to the personal jurisdiction of those courts.
We value our relationship with you and encourage you to contact us first to resolve any dispute informally. Please reach out to us at serve@bertramend.hair with a description of your concern, and we will work with you in good faith to find a fair and practical resolution.
If a dispute cannot be resolved informally, the parties may agree to submit the dispute to binding arbitration or to a court of competent jurisdiction as provided above. Each party will bear its own costs in any dispute, unless otherwise awarded by the arbitrator or court.
Nothing in this section limits the right of either party to seek injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its rights or property.
We may update these Terms from time to time to reflect changes in our services, our business practices or applicable law. When we make material changes, we will update the last updated date at the top of this page and take reasonable steps to notify you of the changes.
Your continued use of the website or services after the revised Terms take effect constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the website and services.
We encourage you to review these Terms periodically to stay informed of your rights and obligations.
If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The invalidity of one provision will not affect the validity of the others.
Our failure to enforce any provision of these Terms will not be considered a waiver of that provision or of our right to enforce it at a later time. A waiver of any provision will be effective only if made in writing and signed by us.
These Terms and any rights or obligations under them are personal to you. You may not assign, transfer, delegate or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section will be void and of no effect.
We may assign or transfer these Terms or any of our rights and obligations under them, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets. Subject to the foregoing, these Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Nothing in these Terms creates any right or benefit for any third party.
Neither party will be liable for any failure or delay in performing its obligations under these Terms to the extent that the failure or delay results from circumstances beyond the reasonable control of that party. Such circumstances include acts of God, natural disasters, fire, flood, earthquake, epidemic or pandemic, war, terrorism, riot, civil unrest, labour disputes, power or telecommunications failures, or actions of any governmental authority.
The affected party will notify the other party as soon as reasonably practicable of the occurrence and expected duration of any such event, and will use reasonable efforts to mitigate its effects and to resume performance as promptly as possible. If a force majeure event continues for a period of thirty days or more, either party may terminate the affected engagement by written notice, without liability for such termination other than payment for services already performed.
We reserve the right to audit your compliance with these Terms and any applicable engagement agreement. Where an engagement involves access to our systems, deliverables or proprietary materials, we may request information, records or documentation reasonably necessary to confirm that our intellectual property and confidential information are being used in accordance with the applicable agreement. You agree to cooperate with any such audit and to provide the requested information within a reasonable time.
You agree to keep accurate records relating to your use of the services and any deliverables we provide, to the extent those records are reasonably necessary to verify compliance. Any audit will be conducted during normal business hours and in a manner designed to minimize disruption to your operations. We will give reasonable prior notice before conducting an audit, except where we have reasonable grounds to suspect a material breach.
These Terms, together with our Privacy Policy and any applicable engagement agreement, constitute the entire agreement between you and the Company with respect to the website and the services, and supersede all prior and contemporaneous communications, representations, understandings and agreements, whether written or oral, relating to the subject matter of these Terms.
The parties acknowledge that they have not relied on any statement, representation, warranty or promise other than those expressly set out in these Terms and the documents incorporated by reference. If there is any conflict between these Terms and a specific engagement agreement, the terms of the engagement agreement will prevail to the extent of the conflict. No modification of these Terms will be effective unless made in writing and agreed by an authorized representative of the Company.
You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment or transfer without that consent will be void and of no effect.
The Company may assign or transfer its rights and obligations under these Terms to a successor in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, provided that the successor agrees to be bound by these Terms. In that event, we will take reasonable steps to notify you of the change.
Neither party will be liable for any delay or failure to perform its obligations under these Terms to the extent that the delay or failure results from causes beyond its reasonable control, including acts of God, natural disasters, epidemics, acts of government, war, terrorism, labour disputes, power or internet failures, and failures of third party service providers.
The affected party will notify the other party promptly of the circumstances and will use reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for an extended period, either party may suspend or terminate the affected engagement in accordance with the applicable agreement.
Where an engagement involves fees based on usage, performance or other measurable criteria, we will maintain accurate records sufficient to support the amounts invoiced. Upon reasonable notice and during normal business hours, you may, at your own expense, have an independent third party review those records to verify the accuracy of the invoiced amounts.
Any review will be conducted in a manner that does not unreasonably disrupt our business, and the reviewer will be required to protect the confidentiality of our records. If a review reveals an overcharge, we will promptly refund the overcharged amount and reimburse the reasonable cost of the review.
These Terms, together with our Privacy Policy and any applicable engagement agreement, constitute the entire agreement between you and the Company regarding the website and services, and supersede all prior agreements and understandings, whether written or oral, relating to that subject matter.
The headings used in these Terms are for convenience only and do not affect their interpretation. Any rights not expressly granted in these Terms are reserved by the Company.
If you have any questions, comments or concerns regarding these Terms of Service, please contact us using the details below. We aim to respond to all inquiries promptly and to resolve any concerns fairly.
Bertram Endeavours Spv Gp Inc.
37 Medhurst Road
TORONTO - M4B 1B2
Canada (CA)
Email: serve@bertramend.hair
Phone: +14405401414
Website: https://www.bertramend.hair