1. Introduction
Welcome to the website of The Bug And Birdie Foundation, operating as Bug Birdie. These Terms of Service govern your access to and use of our website at https://www.bugbirdie.buzz and the computer systems design, integration, and related services that we provide to clients.
These terms form a legally binding agreement between you and The Bug And Birdie Foundation. Please read them carefully before using our website or engaging our services. If you do not agree with any part of these terms, you should not use our website or services.
We provide professional services in the computer systems design and related services industry, including systems architecture, systems integration, security hardening, cloud migration, data engineering, and managed support. These terms describe the conditions under which those services are offered.
These terms are intended to be fair and balanced. We aim to set clear expectations for both parties so that every engagement begins on a solid foundation and proceeds without avoidable misunderstanding. If any provision of these terms is unclear to you, we encourage you to ask us for clarification before entering into a service relationship.
2. Acceptance of Terms
By accessing or using our website, you confirm that you have read, understood, and agreed to be bound by these Terms of Service. If you are using our website or services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
Your continued use of our website or services following any change to these terms constitutes your acceptance of the revised terms. We may update these terms from time to time, and we will indicate the date of the most recent revision at the top of this page.
If you enter into a separate written agreement with us for a specific project or service, the terms of that agreement will control to the extent they conflict with these Terms of Service.
3. Definitions
For the purposes of these Terms of Service, the following definitions apply. The term Company refers to The Bug And Birdie Foundation, the operator of this website and provider of the services described herein.
The term Client refers to any individual or organization that uses our website or engages our services. The term Services refers to the computer systems design, integration, security, cloud, data, and managed support services that we offer and deliver.
The term Content refers to any text, graphics, data, code, or other material that appears on or is transmitted through our website. The term Website refers to the site located at https://www.bugbirdie.buzz and any subdomains or related pages operated by the Company.
4. Description of Services
Bug Birdie provides professional services in the field of computer systems design and related services. Our work includes the design of system architectures, the integration of software and hardware components, the hardening of security controls, the migration of workloads to cloud environments, the engineering of data pipelines, and the ongoing management and support of computing systems.
The specific scope, deliverables, timelines, and fees for any engagement are set out in a written proposal, statement of work, or service agreement entered into between the Company and the Client. No service relationship is formed merely by visiting this website or by submitting an inquiry through our contact form.
We may modify, suspend, or discontinue any aspect of our website or services at any time without prior notice, provided that any existing contractual commitments to clients will be honored in accordance with their terms.
Our engagements typically follow a structured methodology: discovery, blueprinting, phased build, hardening, and ongoing operation. This methodology is described in more detail on our website and in the documentation we provide at the start of each project. The methodology is a framework for delivery and does not itself constitute a guarantee of any particular outcome.
We are committed to working in close partnership with our clients. Throughout an engagement we provide regular progress updates, respond to reasonable requests for information, and involve the Client in decisions that materially affect scope, timeline, or budget.
5. Eligibility
Our website and services are intended for individuals who are at least eighteen years of age and who have the legal capacity to enter into binding agreements. By using our website, you represent that you meet these requirements.
Our services are available to organizations and individuals in all lawful markets. We do not knowingly provide services to parties located in jurisdictions where such services would violate applicable law, and we reserve the right to decline any engagement in our sole discretion.
6. Client Responsibilities
Clients are responsible for providing accurate and complete information in connection with any inquiry or engagement. You agree to cooperate reasonably with our team, to provide timely access to systems and information necessary for the performance of services, and to designate a point of contact for communications.
You are responsible for maintaining the confidentiality of any credentials associated with your use of our website or services and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized access or use.
Clients are also responsible for ensuring that any data, software, or materials they provide to us do not infringe the rights of any third party and do not violate applicable law.
You further agree to maintain your own backups of critical data and systems where applicable, to secure your own credentials and network access, and to review the deliverables we provide in a timely manner. Prompt review and feedback help us keep projects on schedule and reduce the risk of rework.
Where a project requires access to production systems, you agree to grant our team only the access necessary to perform the agreed work and to revoke that access promptly once the work is complete. We will work with you to define appropriate access controls at the outset of the engagement.
7. Intellectual Property
All content on our website, including text, graphics, logos, design elements, and code, is the property of The Bug And Birdie Foundation or its licensors and is protected by intellectual property laws. You may view and use this content for your personal, non commercial evaluation of our services, but you may not reproduce, distribute, or modify it without our prior written consent.
Upon full payment for a completed engagement, the Company will assign or license to the Client, as specified in the governing agreement, those deliverables created specifically for that engagement. The Company retains ownership of its pre existing tools, methodologies, libraries, and know how, which may be reused in future engagements.
Nothing in these Terms of Service transfers any ownership of our trademarks, service marks, or brand assets, including the Bug Birdie name and related marks.
8. Fees and Payment
Fees for our services are set out in the applicable proposal, statement of work, or service agreement. Unless otherwise agreed in writing, fees are quoted in Canadian dollars and are exclusive of applicable taxes, which are the responsibility of the Client.
Payment terms, including any deposit requirements, invoicing schedule, and due dates, are specified in the governing agreement. Late payments may be subject to interest at the rate permitted by applicable law, and we may suspend work or services if payment is overdue.
Any expenses we incur in the delivery of services, such as travel or third party licensing costs, will be handled in accordance with the governing agreement. You agree to pay all undisputed amounts in full and on time.
If you believe that an invoice contains an error, you must notify us in writing within the timeframe specified in the governing agreement, typically within fifteen days of the invoice date. Undisputed portions of any invoice remain payable on the original due date while any disputed portion is resolved in good faith.
Invoices may be issued by email or through our standard billing system. It is your responsibility to ensure that your billing contact details are current so that invoices reach the correct recipient in a timely manner.
9. Confidentiality
In the course of our work, we may receive confidential information from clients, including business plans, technical data, and proprietary materials. We will treat such information as confidential and will use it only for the purpose of delivering the agreed services.
Confidential information does not include information that is or becomes publicly available through no fault of the receiving party, information that was already known to the receiving party without obligation of confidentiality, or information that is independently developed.
We may disclose confidential information where required by law, provided that we give the disclosing party reasonable notice where permitted. Confidentiality obligations survive the termination of any agreement for as long as the information remains confidential.
10. Acceptable Use
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use of, the website by any third party. Prohibited conduct includes, but is not limited to, the following.
You may not attempt to gain unauthorized access to our systems or networks, interfere with the operation of the website, or introduce malicious code. You may not scrape, harvest, or otherwise collect data from the website in an automated manner without our prior written consent.
You may not use the website to transmit any unlawful, defamatory, or infringing material, and you may not misrepresent your identity or affiliation in any communication with us. We reserve the right to restrict or terminate access to the website for any violation of these terms.
You agree not to use our website or services in connection with any activity that violates applicable export controls, sanctions, or other laws. You also agree not to reverse engineer, decompile, or otherwise attempt to discover the underlying source code of any software we provide except to the extent permitted by law.
We may investigate suspected violations of these terms and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. Nothing in this section limits any other rights or remedies available to us under these terms or at law.
11. Disclaimer of Warranties
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.
The Company does not warrant that the website will be uninterrupted, secure, or error free, or that any defects will be corrected. We do not warrant that the results obtained from the use of the website or services will meet your expectations or requirements.
Any advice, statement, or information provided on this website is for general informational purposes only and does not constitute professional engineering, legal, or financial advice. You should seek qualified professional advice tailored to your specific circumstances.
12. Limitation of Liability
To the maximum extent permitted by applicable law, the Company and its directors, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, arising out of or related to your use of the website or services.
The total aggregate liability of the Company for all claims arising out of or related to these terms or the services will not exceed the amount you have paid to the Company in the twelve months preceding the event giving rise to the claim, or one hundred Canadian dollars if you have paid no such fees.
These limitations apply regardless of the theory of liability, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company has been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify, defend, and hold harmless The Bug And Birdie Foundation and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to your use of the website or services.
This obligation includes claims arising from your breach of these Terms of Service, your violation of applicable law, or your infringement of the rights of any third party. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.
You agree to cooperate fully with the Company in the defense of any claim and to provide such information and assistance as the Company may reasonably request. This indemnification obligation survives the termination of these terms and of any service relationship between you and the Company.
14. Termination
We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including if you breach these Terms of Service. All provisions of these terms that by their nature should survive termination, including intellectual property, confidentiality, warranty disclaimers, and limitations of liability, will survive.
Termination of a specific service engagement is governed by the terms of the applicable written agreement. Unless otherwise specified, either party may terminate a service agreement for convenience or for cause in accordance with its terms, and the Client will remain responsible for fees accrued up to the date of termination.
15. Governing Law
These Terms of Service are 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.
Any dispute arising out of or relating to these terms or the services will be subject to the exclusive jurisdiction of the courts located in Ottawa, Ontario, Canada. You and the Company agree to submit to the personal jurisdiction of those courts for the purpose of resolving any such disputes.
Before pursuing formal legal action, both parties agree to attempt to resolve any dispute in good faith through direct negotiation. If a dispute cannot be resolved through negotiation, the parties may agree to pursue mediation before resorting to litigation. This section does not prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where such relief is necessary to prevent irreparable harm.
16. Changes to These Terms
We may revise these Terms of Service from time to time to reflect changes in our practices, services, or legal obligations. When we make material changes, we will update the last updated date at the top of this page.
Your continued use of the website after any changes take effect constitutes your acceptance of the revised terms. We encourage you to review these terms periodically. If you do not agree with the revised terms, you should discontinue use of the website and services.
17. Contact Information
If you have any questions about these Terms of Service, or if you wish to report a violation of these terms, please contact us using the details below.
The Bug And Birdie Foundation
884 Churchill Ave S
Ottawa, ON K1Z 5H2
Canada (CA)
Email: request@bugbirdie.buzz
Phone: +1 612 614 9162
Website: https://www.bugbirdie.buzz