Acceptance of These Terms
These Terms of Service form a legally binding agreement between you and Winnie May Inc. They govern your access to and use of the website located at https://www.winniemay.hair and the computer systems design and related services we provide. By accessing the website or using our services, you confirm that you have read, understood and agreed to be bound by these terms.
If you do not agree to these terms in full, you must not use the website or engage our services. These terms apply together with our Privacy Policy, which explains how we handle personal information, and any separate written agreement we may enter into with you for a specific project.
We may update these terms from time to time as described in the section on changes below. Your continued use of the website or services after any change takes effect will constitute your acceptance of the revised terms.
Definitions
In these terms, the following words have the meanings set out below. The words we, us, our and the Company refer to Winnie May Inc. The words you and your refer to the person or organisation accessing the website or using our services.
The term website means the site located at https://www.winniemay.hair and all pages, content and functionality available through it. The term services means the computer systems design, software development, integration, consulting, support and related services described on the website or agreed in a separate written proposal.
The term content means all text, graphics, code, design, logos, documents and other materials made available on the website or through the services. The term agreement means these Terms of Service together with any separate written agreement and our Privacy Policy where applicable.
About Winnie May Inc.
Winnie May Inc. is a company operating in the Computer Systems Design and Related Services industry, within the Professional, Scientific, and Technical Services sector. Our registered organisation details are:
- Winnie May Inc.
- 32 Duke Street Rr 3, DRUMBO - N0J 1G0, Canada
We help businesses plan, build, integrate and maintain the computer systems they depend on. Our work includes systems architecture, custom software development, network design and integration, cloud and data systems, security and compliance, and managed support and maintenance.
You can contact us at any time using the details in the final section of these terms, including the email address serve@winniemay.hair and the telephone number +13205460345.
Description of Services
We provide professional services related to the design, development, integration and support of computer systems. The specific scope, deliverables, timeline and price of any engagement are set out in a written proposal, statement of work or agreement that we provide before work begins.
Information on the website is provided for general guidance only and does not constitute a binding offer. A service is only considered contracted once both parties have agreed the scope and terms in writing. We may modify, add to or discontinue parts of the website at any time without notice, but changes to an agreed engagement will be managed through the change process described in the relevant agreement.
We will use reasonable skill and care in performing the services and will keep you informed of progress. Where the work requires your input, such as access to systems, decisions or materials, you agree to provide that input promptly so that we can meet agreed timelines.
We also provide advisory and consulting services, including technology assessments, security reviews and system health checks. These engagements are typically short and produce a written report with recommendations that you can act on directly or ask us to implement. Where a review identifies risks or opportunities, we will explain them clearly and without jargon so that you can make informed decisions.
Eligibility and Accounts
By using this website and our services, you represent that you are at least eighteen years of age and that you have the legal capacity to enter into a binding agreement. 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.
If we provide you with access to any account, portal or client area, you are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to notify us promptly if you become aware of any unauthorised use of your account or any other breach of security.
We may suspend or terminate access to an account where we reasonably believe it is being used in breach of these terms or in a manner that could harm our systems, our clients or third parties. We will take reasonable steps to notify you where it is appropriate and lawful to do so.
Acceptable Use
You agree to use the 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 attempt to gain unauthorised access to our systems, interfere with the proper working of the website, or introduce any harmful or malicious code.
You must not use the website or services to transmit any material that is unlawful, defamatory, obscene, infringing or otherwise objectionable. You must not misrepresent your identity or affiliation, and you must not use automated means to scrape, copy or extract content from the website without our prior written consent.
Any breach of this section may result in the suspension or termination of your access and, where appropriate, legal action. We reserve the right to investigate any suspected breach and to cooperate with law enforcement authorities as required.
You are responsible for ensuring that any information or materials you provide to us are accurate, lawful and do not infringe the rights of any third party. You must not use the services to store or transmit content that you do not have the right to use, and you must comply with all applicable laws and regulations in connection with your use of the website and services.
Intellectual Property
The website and all content made available through it, including text, graphics, logos, design elements, code and software, are owned by us or our licensors and are protected by copyright, trademark and other intellectual property laws. Nothing in these terms transfers any ownership of this content to you.
You are granted a limited, revocable, non-exclusive licence to access and view the website for your own internal business or personal use. You may not reproduce, distribute, modify, create derivative works from, publicly display or otherwise exploit any content from the website without our prior written consent.
Ownership of any deliverables, software or custom work produced for you as part of a specific engagement is addressed in the relevant written agreement. In the absence of a contrary provision, we retain ownership of our pre-existing tools, methods and materials, while ownership of the specific deliverables is assigned as agreed in writing.
Fees and Payment
Fees for our services are set out in the proposal, statement of work or agreement for each engagement. Unless otherwise agreed, fees are exclusive of applicable taxes, which will be added to invoices where required by law. Any third party costs we incur on your behalf, such as software licences or hosting fees, will be passed through as agreed.
Payment terms are specified in the relevant agreement. Invoices are payable within the period stated on the invoice, typically within thirty days of issue unless another period has been agreed. We may suspend work or access to services where an invoice is overdue, after giving you reasonable notice.
If you dispute an invoice, you must notify us in writing within a reasonable time so that we can investigate and resolve the matter promptly. Amounts that are not disputed remain payable in accordance with the agreed terms. We may charge interest on overdue amounts at the rate permitted by applicable law.
Unless otherwise stated, quotations are valid for the period indicated in the quotation, after which they may be revised. Changes to the scope of work may result in additional fees, which we will confirm in writing before proceeding. We will not begin work that would incur additional charges without your prior approval.
Confidentiality
During the course of an engagement, each party may share confidential information with the other. Confidential information includes business plans, technical details, pricing, customer data and any other information that is marked confidential or that would reasonably be understood to be confidential.
Each party agrees to use the other party confidential information only for the purpose of performing the engagement and to protect it with at least the same degree of care it uses for its own confidential information. Neither party will disclose the other party confidential information to third parties except to its personnel and advisers who need it and who are bound by confidentiality obligations.
These obligations do not apply to information that is or becomes publicly available, that is already known to the receiving party, that is independently developed, or that must be disclosed by law. The confidentiality obligations survive the end of the engagement for the period stated in the agreement or, where none is stated, for a reasonable period.
Each party will return or destroy the other party confidential information upon written request or at the end of the engagement, except where retention is required by law or necessary to perform continuing obligations. A party may retain copies to the extent required for its own compliance, audit or backup purposes, subject to continuing confidentiality obligations.
Warranties and Disclaimers
We warrant that we will perform the services with reasonable skill and care and in a professional manner. We will use commercially reasonable efforts to deliver the agreed work in accordance with the specifications set out in the relevant agreement.
Except as expressly set out in these terms or a separate agreement, the website and services are provided on an as is and as available basis without warranties of any kind, whether express or implied. We do not warrant that the website will be uninterrupted, error free or free of harmful components, or that any results obtained will be accurate or reliable.
We do not guarantee that any system we design will be entirely free of defects. Where software is developed or integrated for you, testing and acceptance are part of the engagement, and your acceptance of the delivered work is governed by the relevant agreement.
Limitation of Liability
To the maximum extent permitted by law, we 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 the website or the services.
Our total aggregate liability arising out of or in connection with these terms or the services, whether in contract, tort or otherwise, will not exceed the total fees paid by you for the specific services giving rise to the claim during the twelve months preceding the event. Where a separate agreement provides different limits, those limits will apply to the matters they cover.
Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence or for fraud. Each party acknowledges that the limitations in this section are reasonable and reflect the allocation of risk agreed between the parties.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, our liability is limited to the greatest extent permitted by law. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law and will apply regardless of the form of action, whether based in contract, tort, negligence, strict liability or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless Winnie May Inc., its officers, employees and agents from and against any claims, damages, losses, costs and expenses, including reasonable legal fees, arising out of or related to 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.
This obligation does not apply to the extent that a claim arises from our own breach of these terms or our negligence. We will notify you promptly of any claim that may be subject to indemnification and will cooperate reasonably with you in the defence of that claim, at your expense.
We reserve the right to assume the exclusive defence of any matter that would otherwise be subject to indemnification by you, in which case you agree to cooperate with our defence and to provide reasonable assistance at your own expense where appropriate.
Termination and Suspension
These terms remain in effect until terminated by either party. You may stop using the website at any time. We may suspend or terminate your access to the website or services at any time, with or without notice, if you breach these terms or if we are required to do so by law.
Either party may terminate a specific engagement in accordance with the termination provisions set out in the relevant agreement. Upon termination of an engagement, you agree to pay for all services performed up to the effective date of termination and for any costs we are committed to on your behalf.
The provisions of these terms that by their nature should survive termination, including those relating to intellectual property, confidentiality, limitation of liability, indemnification and governing law, will continue to apply after termination.
We may also suspend services immediately where we reasonably believe that continued provision would expose us, our clients or any third party to a security risk or legal liability. Where services are suspended for non-payment, we will restore them promptly once the outstanding amounts have been settled in full.
Governing Law and Disputes
These terms and any dispute or claim arising out of or in connection with them are governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that province, without regard to conflict of law principles.
The parties agree that the courts of the Province of Ontario will have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms, subject to any mandatory legal requirement that a dispute be resolved elsewhere.
Before commencing formal legal proceedings, each party agrees to use good faith efforts to resolve any dispute through direct discussion. Nothing in this section prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction where necessary to protect its rights.
Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our practices, our services or applicable law. When we make changes, we will revise the last updated date shown at the top of this page and publish the updated terms on our website.
Where a change is material, we will take reasonable steps to bring it to your attention, for example by a notice on our website. We encourage you to review these terms periodically so that you remain aware of your obligations and rights.
Your continued use of the website or services after a change takes effect constitutes acceptance of the updated terms. If you do not agree with a change, you should stop using the website and services and contact us with any questions.
Contact Information
If you have any questions about these Terms of Service or about our services, please contact us using any of the details below. We will respond to your enquiry as promptly as possible.
- Winnie May Inc.
- 32 Duke Street Rr 3, DRUMBO - N0J 1G0, Canada
- Email: serve@winniemay.hair
- Telephone: +13205460345
- Website: https://www.winniemay.hair
Thank you for taking the time to read these terms. We look forward to working with you.