Service Level Agreement (SLA)

 

Last updated: July 03, 2021

    • INTRODUCTION

 

    In this Service Agreement ("Agreement"), "you", "your" and like terms refer to the customer ("Customer") and "we", "us", "our", "www.hughonjarrett.com", "www.hughon.work" and like terms refer to ("Hughon Technology Consulting"). This Agreement explains our obligations to you, and your obligations to us concerning your use of our service(s). By setting up an account with Hughon Technology Consulting you have agreed to be bound by the terms of this Agreement, the terms of the Privacy Policy and other published guidelines that may be updated from time to time (together, the "Terms of Use"), all of which are incorporated herein and made a part of this Agreement by reference. Any acceptance of your application for our service(s) is at our sole discretion and the performance of our services will occur at our offices in Etobicoke, Ontario, Canada. This is our agreement with you, the Subscriber. You agree not to use our services for any illegal purpose, violate any laws, or interfere with other subscribers' services. You further agree not to resell, transfer, or share your service.

 

    • ACCOUNT SETUP

 

    By establishing an account on our website(s), you agree that; (i) you are the owner or have express written permission from the owner; (ii) you will not use the account for any unlawful purpose(s) and that, to the best of your knowledge and belief, neither the setting up of an account nor the use you make of the service(s) offered by Hughon Technology Consulting, will infringe the legal rights of others; and (iii) you will set up and maintain a current and accurate account with us. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional services on www.hughon.work or to cancel your account or services (even if we were not notified of such authorization), this Agreement covers such actions. Failure to properly set up or provide accurate and timely information about your account may result in the cancellation of your account and any service(s) associated with that account. We also may suspend, cancel, modify, or transfer your account or service(s) associated with your account to comply with the order of a court or other tribunal. You should also be aware that if we are sued or threatened with a lawsuit in connection with your account or the use of our service(s), we may turn to you to hold us harmless and indemnify us (See paragraph 18 below).

 

    • ACCOUNT CANCELLATION

 

    You may cancel your account at any time from your account profile or by sending an email to cancel@hughon.work, from the email address you have on record with your account. After which, you will be sent a request for cancellation confirmation to the e-mail address registered to your account. To cancel your account, you agree that; (i) you will confirm your request to cancel your account by responding to the confirmation request sent to the e-mail address registered to your account; (ii) cancellation of your account will be effective on receipt of the account cancellation confirmation from you and processing by us; (iii) any fees paid by you if you cancel your account with us are non-refundable, and no additional fees will be incurred on a cancelled account after receipt of the account cancellation confirmation from you; and (iv) cancellation of your account will also result in the cancellation of any service(s) associated with the cancelled account; (v) you will be liable for any charges incurred under your account until the point in time your account has been confirmed cancelled. In no event will we be liable for any loss of your service(s) or any other damages resulting from an account cancellation notice, including a non-delivery or misdelivery thereof or your lack of response to an account cancellation confirmation notice.

 

    • ACCOUNT TRANSFERS

 

    Accounts on www.hughon.work or any of our website(s) are non-transferable. You agree that; (i) accounts will remain under the ownership of the entity which originally completed the account registration application; and (ii) accounts whether having been used or not to purchase our service(s) may not be re-sold, leased, rented or licensed to another party.

 

    • MANDATORY INFORMATION

 

    To use our service(s), you agree to provide us with the following mandatory personal contact information; (i) your full legal name; (ii) postal address; (iii) e-mail address; and (iv) voice telephone number(s). If an organization, association, or corporation, the name of an authorized person for contact purposes. Failure to provide any mandatory information or inaccurate mandatory information may result in the cancellation of your account and any service(s) associated with that account.

 

    • ACCURATE INFORMATION

 

    To use our service(s), you agree: (i) That all account information provided by you at the time you are setting up your account will be accurate, complete and current; and (ii) you will maintain and update this information as needed to keep it accurate, complete and current at all times. We rely on this information to send you important information regarding your account, renewal notices, and our services. Information in your account, which is found to be inaccurate, incomplete or not current, may result in the cancellation of your account and any service(s) associated with that account. You represent and warrant that you have provided notice to, and obtained consent from, any third-party individuals whose personal data you supply to us on their behalf. When collecting information from a third party to use in setting up an account for use of our service(s), you agree to disclose to the third party: (i) the purposes for which such third party's data has been collected; (ii) the intended recipients or categories of recipients of the third party's data; (iii) which parts of the third party's data are mandatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify any data collected concerning them. You further agree to provide such notice and obtain such consent concerning any third-party personal information you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for you providing outdated, incomplete or inaccurate information.

 

    • MODIFICATIONS TO YOUR ACCOUNT

 

    To change any of your account information with us, you must log in with your User Name, and Password. Once your account is set up, you agree that the safeguarding of your User Name and Password from any unauthorized use is your sole responsibility. In no event will Hughon Technology Consulting be held liable for unauthorized use or misuse of your account, User Name or Password.

 

    • SECURITY

 

    Aside from the handling of physical hardware or in-person repair services where it is needed, the majority of our services are provided through a web-based and remote interface using secure socket layer (SSL) technology. This allows all transmissions to support 128-bit encryption and travel across a secure server. When you set up or modify an account or purchase a service(s) with Hughon Technology Consulting through our web-based interface, you agree that you are responsible for ensuring your browser meets certain requirements.

 

    • SYSTEM REQUIREMENTS

 

Mac, Windows, Linux, Androids

    

    • PERSONAL INFORMATION PROTECTION

 

    Hughon Technology Consulting will take reasonable precautions to protect your personal information from loss, misuse, unauthorized access, disclosure, alteration or destruction. You agree that in no event will we be held liable for any unauthorized use, misuse, loss, alteration or destruction of your personal information or any part thereof.

 

    • FEES, PAYMENT AND TERMS OF SERVICE

 

    In consideration for the services you have selected, you agree to pay Hughon Technology Consulting via an automatic credit card billing system the applicable service(s) fees set forth on our website at the time of your selection, and as may be amended from time to time. As you are paying for a service, the fulfillment of this service is immediate upon purchase as such, all fees are due immediately and are non-refundable. Service activation will not occur until all fees have been received in full. Hughon Technology Consulting may avail itself of all remedies available to collect any fees owed to it by customers. Unless otherwise specified, our service(s) are available on a month-by-month basis and automatically renewable thereafter on a month-by-month basis until they are cancelled, by yourself or Hughon Technology Consulting.

 

    Fees apply to your use of certain Products and Services. Fees may include activation, recurring subscription, and parts and labour fees. Activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Parts and labour fees are on-demand fees and are subject to our SLA and warranty coverages, and may be refundable under our SLA policy.

 

    Charges for out-of-warranty service and repair are applied to the next billing cycle. Any out-of-warranty service and repair charges not appearing on the next billing may appear within 120 days of the delivery of such service. Any out-of-warranty service and repair not charged within 121 days of the completion of such service will be considered free and not charged.

 

    • SERVICE RENEWALS

 

    Renewal of Hughon Technology Consulting services takes place automatically. As consideration for the services you have selected, you agree to pay Hughon Technology Consulting for the renewal of your service(s) on the date of expiry of your service(s) performed via an automatic credit card billing system. Services not paid for by the expiry date will be immediately deactivated. Failure to renew your service(s) within fifteen (15) days from the expiry date will result in the removal of your account from our system. Any renewal of your service(s) with us is subject to our then-current Service Agreement and payment of all applicable service fees at the time of renewal.

 

    • SERVICE MODIFICATIONS

 

    You authorize us to notify you as our customer of the modification(s) to any service you may have. You will be notified by e-mail from us at: notice@hughon.work or by postal service to the then-current address provided by you. You agree that in no event will we be liable for any loss resulting from a service modification notice non-delivery or misdelivery, your lack of response to a modification notice.

 

    Without incurring liability, Hughon Technology Consulting may at any time and without notice to the Subscriber change, modify or terminate the Services, in whole or in part (including the rates or charges). In the event of any such change or modification, the Subscriber will be responsible for paying all charges incurred for the use of the Services despite the change or modification, as of and after the date thereof.

 

    For products and services that include free add-ons; Hughon Technology Consulting may at any time remove such add-ons from the subscribed package as may be required from time to time due to; economic conditions, regulatory, international turmoil, availability issues, or an increase in costs of delivering such services free of charge to you.

 

    • REFER-A-FRIEND PROGRAM

 

    Hughon Technology Consulting will on occasion offer a "Refer a Friend & Save program" and will credit one month to the referrer after the referee has completed two months of paid service. If either the referrer or referee cancels within the first two months, the referral credit is forfeited. You cannot refer yourself or anyone living at the same address as the referrer. During signup, the referee must provide (in the 'Referred by' field) the referrer’s active Hughon Technology Consulting Account and phone number, otherwise, a credit will not be applied. The one-month credit value is equal to the then price for the Hughon Technology Consulting Home Phone Service plan. Offer cannot be converted to cash. The offer is not valid to residents of Quebec, Canada. Offer is subject to change without notice.

 

    • MODIFICATIONS TO THE AGREEMENT

 

    Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may, in our sole discretion: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. We will post a prominent notification of any such revision or change on our website. Any such revision or change will be binding and effective immediately upon the earlier of (i) its posting or (ii) upon notification to you by e-mail or postal service to the then-current address provided by you. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail at: legal@hughon.work or postal service addressed as follows, 

 

Attention:

 

Hughon Technology Consulting, Inc.

22 Willowridge Road, Suite 204

Etobicoke, ON, M9R 3Y9

Canada

 

    Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are non-refundable, but you will not incur any additional fees. By continuing to use Hughon Technology Consulting services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Hughon Technology Consulting is authorized to alter or amend the terms and conditions of this Agreement.

 

    • RENEWAL NOTICES

 

    You authorize us to notify you as our customer of renewals for any service(s) you may have. You will be notified by e-mail from us at: notices@hughon.work or by postal service to the then-current address provided by you. You agree that in no event will we be liable for any loss of your service(s) resulting from a renewal notice non-delivery or renewal notice misdelivery; or your lack of response to our renewal notice.

 

    • NOTICES AND ANNOUNCEMENTS

 

    You authorize us to notify you as our customer of upcoming information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information about Internet security or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at: remove@hughon.work.

 

    • LIMITATION OF LIABILITY

 

    You agree that our entire liability, and your exclusive remedy, concerning any service(s) Hughon Technology Consulting, provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). Hughon Technology Consulting and its contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services we provide or for the cost of procurement of substitute services. As some provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to; (1) loss or liability resulting from access delays or access interruptions, including any filtered or blocked traffic pursuant to paragraph 9 hereunder; (2) loss or liability resulting from data non-delivery or data misdelivery; (3) loss or liability resulting from natural disaster(s); (4) loss or liability resulting from the unauthorized use or misuse of your User Name and/or Password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your account or your agents failure to pay any fees, including the initial service registration fee, or service renewal fee.

 

    • INDEMNITY

 

    You agree to release, indemnify, and hold Hughon Technology Consulting, in our capacities as the service provider, and our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns, harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, the services provided hereunder or your use of our services, including without limitation, infringement or dilution by you, or someone else using our service(s) from your computer, of any intellectual property or other proprietary rights of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.

 

    • BREACH

 

    You agree that your failure to abide by any provision of this Agreement, any Hughon Technology Consulting operating rule or policy, or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over ten (10) calendar days to inquiries from us concerning the accuracy of the contact details associated with your account registration may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete your account(s) and/or terminate any other service(s) you are using without further notice. We will not refund any fees paid by you if we terminate your account due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

 

    • NO GUARANTY

 

    You agree that, by registering, a valid account, such registration does not confer upon you any immunity from objection to either the account registration or use of our service(s).

 

    • REPRESENTATIONS AND WARRANTIES

 

    You represent and warrant that: (i) the information that you, or your agent acting on your behalf, provide to us during the application process to register your account or to apply for other services is, to the best of your knowledge and belief, accurate and complete, and that you covenant that any future changes to this information will be provided to us promptly according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the registration of your account nor how you intend to use our service(s) will directly or indirectly infringe the legal rights of a third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, and (iv) you are of legal capacity to enter into this Agreement. You agree that using our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.

 

    • DISCLAIMER OF WARRANTIES

 

    WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S). WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE USE OF OUR SERVICE(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. HUGHON TECHNOLOGY CONSULTING DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE. HUGHON TECHNOLOGY CONSULTING DOES NOT REPRESENT THAT THE SERVICES OR ANY DATA ACCESSED USING THE SERVICES IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA OR THE CONTINENTAL UNITED STATES

 

    • REVOCATION

 

    You agree that we may terminate your contractual right to use our service(s) if the information that you are obligated to provide to register your account or register for our service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider the material to our decision to register your account or to continue to provide you with our services. Furthermore, you agree that we may suspend, cancel or transfer your account and all service(s) associated with the account(s) to correct mistakes made by us or the activating of our services. We will not refund any fees paid by you if we terminate your services.

 

    • RIGHT OF REFUSAL

 

    We, in our sole discretion, reserve the right to refuse to register your account or register you for our service(s) or to delete your account(s) and associated service(s) within the first thirty (30) calendar days from receipt of your payment for such services. In the event, we do not register your account or activate your service(s), or we delete your account and associated service(s) within such thirty (30) calendar days period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, the deletion of your account and associated service(s) or refusal to register you for our service(s). We further, in our sole discretion, reserve the right to cancel a customer’s services by providing a maximum of 30 days’ notice. In the event a customer’s services are cancelled by Hughon Technology Consulting, the customer has 30 days from the time of notification, to respond with an objection. If there is no response within 30 days of notice, all and any services purchased along with access to your account profile will be deactivated and no longer accessible.

 

    • SEVERABILITY

 

    You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

 

    • ENTIRETY

 

    You agree that this Agreement, the rules and policies published by us, and the Privacy Policy are the complete and exclusive Agreements between you and us regarding our services. This Agreement, our rules and policies and the Privacy Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

 

    • NON-ASSIGNMENT

 

    Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our sole discretion. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, shall render this Agreement voidable at our discretion.

 

    • NON-WAIVER

 

    The failure of Hughon Technology Consulting to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Hughon Technology Consulting of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

 

    • GOVERNING LAW

 

    You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed under the laws of the Province of Ontario, and the federal laws of Canada applicable therein, excluding its conflict of laws rules. You and we each agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario.

 

    • MISCELLANEOUS

 

    In this Agreement the singular includes the plural and the masculine includes the feminine and neuter and vice versa unless the context otherwise requires. The capitalized headings in this Agreement are only for the convenience of reference and do not form part of or affect the interpretation of this Agreement.

 

    • AGREEMENT TO BE BOUND

 

    By applying for or purchasing one of our service(s) through our online application process or by using the service(s) provided by Hughon Technology Consulting under this Agreement, you acknowledge that you have read and agree to be bound by all of the terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Hughon Technology Consulting.

 

    • CURRENCY

 

    Unless otherwise specified herein, all references to currency are to Canadian (CAD) dollars.

 

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