These Terms of Service govern your use of the berco.hair website and the computer systems design and integration services provided by The Ber Company Inc., located at 3014 Kashagawigamog Lake Rd, Haliburton - K0M 1S0, Canada (CA). The services offered through this website are developed and operated by the developer BerCo on behalf of the company.
Please read these terms carefully. They describe the responsibilities of both parties, the limits of our liability, and how disputes are resolved. By using this website or engaging our services, you agree to be bound by these terms. If you do not agree with them, please do not use the website or our services.
1. Acceptance of These Terms
By accessing the berco.hair website, submitting an enquiry, or entering into an agreement for services, you confirm that you have read, understood, and agreed to these terms. Where you act on behalf of a company or other organisation, you confirm that you have authority to bind that organisation to these terms.
If you do not agree to these terms, you are not authorised to use the website or the services. Your only remedy is to stop using them. Some services may be delivered under a separate written agreement, and where that agreement conflicts with these terms, the separate agreement controls for the services it covers.
We may update these terms from time to time, as described in the section on changes. Your continued use of the website or services after an update takes effect means that you accept the updated terms.
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2. About The Ber Company Inc.
The Ber Company Inc. is a computer systems design and integration firm headquartered at 3014 Kashagawigamog Lake Rd, Haliburton - K0M 1S0, Canada (CA). The company designs, builds, and operates the technology systems that keep organisations running, from architecture and integration to cloud engineering, security, and managed operations.
The website berco.hair is operated by The Ber Company Inc., and the services described on it are developed and operated by the developer BerCo. References to BerCo, the company, we, us, and our in these terms all refer to The Ber Company Inc., unless the context clearly indicates otherwise.
Our engineers work from our headquarters near Kashagawigamog Lake and from client sites where the work requires it. We serve clients across Canada and beyond, and we coordinate distributed teams through clear schedules and written documentation.
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3. Description of Services
We provide professional services related to computer systems design and integration. These services include systems architecture design, software and platform integration, cloud and infrastructure engineering, security and compliance, managed IT operations, and round the clock support. The precise scope of each engagement is defined in the agreement or proposal we prepare for you.
We deliver services on a project basis or a recurring managed basis, depending on what fits your organisation. Project services are scoped, priced, and scheduled before work begins. Managed services are delivered continuously under a service agreement that defines the coverage, the response targets, and the fees.
Nothing on this website is an offer to provide services to you. Material on the site is informational and marketing in nature. A binding commitment to provide services exists only after both parties sign a written agreement or accept a written proposal.
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4. Eligibility
You must be at least the age of majority in your jurisdiction to enter into an agreement with us. By using this website, you confirm that you meet this requirement. Where you act on behalf of an organisation, you confirm that you are authorised to represent it and to bind it to these terms.
Our services are designed for businesses, public bodies, and professional organisations. If you are an individual consumer, please note that the services are offered on a business to business basis, and the consumer protections of your jurisdiction may not apply in the same way.
We may decline to provide services to any person or organisation at our discretion, provided that we comply with applicable law in doing so. We may also refuse or suspend service where we have reasonable concerns about fraud, misuse, or the safety of our systems.
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5. Accounts and Login Credentials
Where we provide you with accounts, access keys, or other credentials, you are responsible for keeping them secure. You agree not to share your credentials with people who are not authorised to act on your behalf, and to notify us promptly if you believe that a credential has been compromised.
You are responsible for all activity that occurs under your accounts, whether authorised by you or not, except where the activity results from our failure to protect the account. We may ask you to change credentials at any time if we have reason to believe they are no longer secure.
We will never ask you for your password by email or phone. If you receive such a request, it is a fraud attempt, and you should not respond to it. Report the message to us at talk@berco.hair so that we can take appropriate action.
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6. Client Content and Data
You retain all rights in the content, data, and materials that you provide to us for the purpose of receiving our services. We use your content only to deliver the services you have requested, and we do not claim ownership of it. Where we process data on your behalf, you remain the controller of that data.
You confirm that you have the right to provide the content you share with us, and that it does not infringe the rights of any third party. You are responsible for the accuracy, legality, and security of the content you provide, and you agree that we are entitled to rely on it when delivering our services.
When the agreement ends, we will return or destroy your content in line with the terms of that agreement and with our data retention practices. Nothing in these terms gives us a licence to use your content for our own benefit beyond what is needed to serve you.
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7. Acceptable Use
You agree to use this website and our services lawfully and responsibly. You must not use them to violate any law, to infringe the rights of others, to send unsolicited messages, to attempt to gain unauthorised access to our systems, or to interfere with the operation of the website or services for anyone else.
You must not attempt to probe, scan, or test the vulnerability of our systems without our written permission, and you must not use automated tools to harvest information from the website. Where you use our systems to run your own operations, you are responsible for how your users use those systems.
If we find that you have breached this section, we may suspend or terminate the relevant services, and we may report serious misconduct to the appropriate authorities. We will give you notice of any suspension where it is reasonable to do so.
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8. Intellectual Property
All content on the berco.hair website, including text, graphics, logos, and design elements, is owned by The Ber Company Inc. or its licensors and is protected by intellectual property law. You may view and print content from the site for your own internal purposes, but you may not copy, modify, or redistribute it without our permission.
Where we develop software, designs, documentation, and other deliverables for you under an agreement, the ownership of those deliverables is set out in that agreement. Unless an agreement says otherwise, the rights in the deliverables we create remain with us, and we grant you a licence to use them for the purpose for which they were created.
We welcome honest feedback about the website and our services. Where you provide feedback, suggestions, or ideas, you grant us a perpetual, royalty free licence to use them to improve our services, unless we agree otherwise in writing.
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9. Fees, Invoicing, and Payment
The fees for our services are set out in the proposal or agreement we provide to you. Project fees are usually fixed at the start of the work, based on the scope described in the proposal. Managed services are billed on a recurring basis, typically monthly or quarterly, as stated in the agreement.
Invoices are due on the terms stated on the invoice, usually within thirty days of the date of issue. Where payment is not received by the due date, we may suspend the related services until the overdue amount is paid. We may charge interest on late payments at the rate permitted by applicable law.
If the scope of a project changes, we will provide you with a written change order before proceeding. No work beyond the agreed scope will be billed without your approval. Where travel or third party costs apply, we will seek your agreement before incurring them.
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10. Confidentiality
During an engagement, both parties may share confidential information that is not publicly known. Confidential information includes business plans, technical designs, financial details, client data, and any information marked as confidential or disclosed in circumstances of confidence.
Each party agrees to protect the confidential information of the other party with at least the same care it uses for its own confidential information, and not to disclose it except to people who need it to perform the work and who are bound to keep it confidential. Confidential information may be disclosed where required by law, with reasonable notice where practical.
These confidentiality obligations continue to apply after the engagement ends. Nothing in this section prevents either party from using information that is independently developed, publicly available, or received from a third party without obligation of confidence.
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11. Third Party Services and Dependencies
Our services may depend on third party products, platforms, and infrastructure, such as cloud providers, software vendors, and communications tools. These dependencies are outside our control, and their availability, terms, and performance are governed by the agreements between you or us and those providers.
Where we recommend or integrate a third party product, we will tell you about the key terms and dependencies that we know about. We are not responsible for failures that result from the acts or omissions of third parties, though we will work with them to resolve issues that affect your services.
You agree that changes made by third party providers to their products or terms may require adjustments to the services we deliver. Where such changes are material, we will work with you to plan the transition in good faith.
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12. Service Levels and Support
For managed services, our agreement defines the service levels that apply, including availability targets, response times, and support hours. We commit to meeting those targets as stated in the agreement, and we track our performance against them so that the results are visible to you.
Our support desk operates round the clock for clients under a managed agreement. We log every request, assign a priority, and keep you informed until the matter is resolved. Support requests are handled by engineers who understand your environment, not by scripts.
Where we miss a service level target under a managed agreement, the agreement may provide for a credit against future fees. The credit is your exclusive remedy for a failure to meet a service level, unless the failure results from our negligence or wilful misconduct.
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13. Warranties and Disclaimers
We warrant that we will perform our services with reasonable skill and care, and that our work will conform in all material respects to the specifications in our agreement. If our work does not meet these standards, we will correct it at our cost within a reasonable time.
Except for the warranties stated in these terms, the website and our services are provided as is and as available. To the maximum extent permitted by law, we disclaim all other warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non infringement.
We do not warrant that the website will be uninterrupted or error free, and we are not responsible for downtime caused by scheduled maintenance, third party failures, or events beyond our reasonable control. Nothing in these terms excludes warranties that cannot be excluded under applicable law.
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14. Limitation of Liability
To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, or consequential damages, including lost profits, lost data, loss of goodwill, or interruption of business, arising out of or related to these terms or the services. This applies even if the party was advised of the possibility of such damages.
Our total liability under these terms or in connection with the services is limited to the fees you paid us in the twelve months before the event giving rise to the claim, or the fees for the specific project, whichever is less. For services provided free of charge, our total liability is limited to a nominal amount permitted by law.
Nothing in these terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence.
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15. Indemnification
You agree to defend, indemnify, and hold harmless The Ber Company Inc. and its officers, employees, and contractors from any claim, loss, or expense arising out of your use of the website or services, your content, your breach of these terms, or your violation of any law or the rights of a third party.
We will notify you promptly of any claim covered by this section and give you the right to control the defence, provided that you act in the best interests of the company. We may participate in the defence at our own cost. You must not settle any claim in a way that imposes an obligation on us without our written consent.
This section survives the end of your use of the services and the termination of these terms.
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16. Termination and Suspension
Either party may terminate an agreement for services in the way set out in that agreement, typically by written notice and with the notice period stated there. Either party may terminate immediately if the other party commits a material breach that is not cured within the time allowed after notice.
On termination, we will stop providing the services, and you will pay all fees due for work performed up to the date of termination. We will return or destroy your data in line with the agreement and our data retention practices, and the provisions of these terms that are meant to survive will continue to apply.
We may suspend services temporarily where we reasonably believe that a security incident, fraud, or breach of these terms has occurred. We will give you notice of the suspension as soon as it is practical to do so.
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17. Governing Law and Dispute Resolution
These terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of laws principles. The parties agree to the exclusive jurisdiction of the courts of Ontario for any dispute arising out of these terms, unless applicable law requires a different forum.
Before starting any legal proceeding, the parties will make a good faith effort to resolve the dispute through direct negotiation. If the dispute is not resolved within thirty days, the parties may agree to use mediation before a mutually acceptable mediator. Any agreed resolution will be in writing and binding.
Nothing in this section prevents either party from seeking urgent injunctive or equitable relief in any court of competent jurisdiction where necessary to protect its rights or property.
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18. Changes to These Terms
We may revise these terms from time to time to reflect changes in our services, our business, or the law. When we do, we will update the effective date shown at the top of this page and, where the change is significant, we will highlight it on this website.
For clients under an active agreement, changes to the terms of service for ongoing engagements will be communicated in writing, and the revised terms will apply from the date stated in the notice. For website users, continued use of the site after an update takes effect means that you accept the revised terms.
We encourage you to review these terms periodically. The version in force at the time of your use is the version that applies to that use.
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