(403)253-2045 Calgary, Alberta, Canada jeff.doncaster@chinookcomputers.com

– Clients that hire our technical services exclusively, are covered by Chinook Computers Warranty of Services 

–  All Client accounts must be in good standing, as we reserve the right to discontinue Service

–  Spam of any kind is not permitted to pass through our remote access services

–  Remote Access Services are used for as-needed Technical Support, and subject to Service Charges

–  Clients may not engage in any activity that interferes with the normal operation of our antivirus and remote access technical support systems

–  Chinook Computers does not offer refunds on hardware, except under manufacturer’s warranties

–  We reserve the right to modify terms and conditions without prior notice

–  Chinook Computers will not be held liable for any loss of data, revenue or other damages that may occur and in no case shall any liability be charged against Chinook Computers for such loss

–  Clients continue to assume all risks and perils associated with computer equipment purchased from Chinook Computers, including but not limited to disasters of any kind, theft and acts of God

–  All content and images contained on this web site whether copyrighted or not, may not be used without prior written permission

– Prices are subject to change without notice




Chinook Computers: TERMS OF SERVICE

THIS AGREEMENT BETWEEN Chinook Computers (hereinafter referred to as “Chinook Computers”) and Account Holder (hereinafter referred to as “Client”) and Client’s place of Business (hereinafter referred to as “On-site“) and Technical Support Software (hereinafter referred to as “Remote Access”) and Corporate Antivirus Software and whereas Hardware purchased, Software Installations and Network Configurations (hereinafter referred to as “Services”)

AND WHEREAS “Client” desires to subscribe to the Services on the terms and conditions contained herein;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) Chinook Computers and Client agree as follows:

1.  The Services.   Chinook Computers agrees to provide Clients with quality Services for the purpose of Client’s need to perform daily business On-site as prescribed below:

In the instance of Chinook Computers, the number of Computers and Peripheral Equipment purchased and used by Clients for the purpose of doing business On-site, will be the sole provider of such equipment and maintenance support of Hardware Services;

In the instance of Chinook Computers, the number of Public Accessible Software Licenses purchased and used by Clients for the purpose of doing business with said equipment On-site, will be the sole provider of such software, installation, and support of Public Accessible Software Services;

In the instance of Chinook Computers, the quality of Data Backup System purchased and used by Clients for the purpose of doing business with said equipment On-site, will be the sole provider of such backup installation and support of Data Backup Services unless included by the Service Vender.

In the instance of Chinook Computers, the number of Antivirus Licenses purchased and used by Clients for the purpose of protection of said equipment and software On-site, will be the sole provider of such antivirus installation and support of Antivirus Services;

In the instance of Chinook Computers, the Network Configuration used by Clients for the purpose of connecting said equipment On-site, will be the sole provider of installation and support for said hardware and software of Network Technical Support Services;

In the instance of Chinook Computers, the number of Remote Access Accounts used by Clients for the purpose of As-Needed Services of said equipment and software On-site, will be the sole provider of installation, support and use of Remote Access Technical Services.

2.  Limitations.   Services are subject to the following limitations:

Client Data – Client acknowledges that the Services provided does not guarantee complete Data Recovery and agrees not to interrupt the Backup Systems implemented to provide such Data Recovery.

Client Activity – Client agrees not to knowingly engage in any activity that could infect or corrupt the functionality of the Operating System or Software Installation, including and not without limitation to the use of any illegal websites, downloading of shareware, installation of hacked or illegal software, or any activity that could jeopardize the stability of the computer hardware, software or network systems or Services.

Client shall not promote, partake in or be involved in any of the following in their daily business activity:

–  Any infringement of copyright, trademark, patent, trade secret or other intellectual property right;

–  Nudity or pornography, howbeit adult or child;

–  Content that exploits children under 18 years of age;

–  Hate propaganda;

–  Racist, threatening, or otherwise abusive content;

–  The promotion or incitement of, or instruction for, the commission of illegal activities;

–  Mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;

–  Content promoted through the sending of unsolicited e-mail (also known as spamming);

–  Sending of unsolicited e-mail (spam) to Chinook Computers, or any server that refers to content on the Chinook Computers website, or sending such e-mail with a Chinook Computers website listed as the contact address.   Additionally using Chinook Computers Name to send out newsletters, or any kind of bulk mailing – regardless of subscriber acceptance – is strictly prohibited, and may lead to suspension of your account;

–  Warez, cracks, hacks, spam software & their associated utilities;

–  Knowingly install or use information or other material that contains a virus, corrupted data or any other harmful or damaging component;

Idem 1) – Client agrees that Chinook Computers is not responsible for content on web pages hosted on Supplier websites and acknowledges that Chinook Computers does not endorse or verify any such material;

Idem 2) – Client agrees to assume full responsibility for all files associated with any On-Site Proprietary or Commercial Software for the purpose of doing business and acknowledges that Chinook Computers may not be held legally responsible for such files;

Backup and Monitoring – Client acknowledges that Chinook Computers provides assistance through Data Backup Services, but Client is solely responsible for implementing and protecting Data Backups associated with Client Data, for monitoring the security of Backup Data, and that Chinook Computers cannot be held liable for any Client Data Loss;

Notice to Officials – If Chinook Computers determines that law enforcement officials should be notified, regarding potentially illegal content, the Client agrees that Chinook Computers may provide copies of Client’s Data to the appropriate officials without notice to the Client.   Chinook Computers will cooperate with all law enforcement efforts to locate persons who possess content that is illegal or promotes illegal conduct;

Policies and Guidelines – Client agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by Chinook Computers anywhere on the website www.ChinookComputers.com

In the instance of Client Internet Service Provider plans where such Provider limits bandwidth and or accessibility, Chinook Computers may offer to contact such Provider on Client’s behalf, with Client’s permission, and that this option is to either upgrade Client’s plan, usage needs or Internet Service Provider.  However, Chinook Computers will not be held responsible in such instances, whereas Client’s Internet Service Provider Connection is interrupted due to Client’s account billing unpaid, or availability in geographical areas or connection types is unavailable to Client by such Internet Providers.

4.  Client Privacy Provisions.  In the instance of Chinook Computers, all Client Email Privacy Provisions apply:

Responsibility of the Client – Client is solely responsible for contacting Chinook Computers via phone and or email messaging, in regard to any problem that may arise with said hardware or software or Service On-Site.

Privacy of Client’s Mailbox – Chinook Computers considers Client’s registration data and the content of all Clients’ messages to be private. Client messages are considered to be Data by Chinook Computers and will be protected and secured as are all Client Files and Data during transfer between old and new computer machines.  Chinook Computers will not intentionally monitor or disclose any of Client’s email messages or Data unless Chinook Computers believes in good faith that Chinook Computers is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend Chinook Computers in any action, or (iv) to protect Chinook Computers property. Additionally, Chinook Computers agrees to respect the privacy and confidentiality of Clients Data. Since privacy is, in part, a function of Client’s passwords, Chinook Computers encourages Client to change passwords frequently and to not share them with anyone other than Chinook Computers;

Licensing and Registration Provision – Client agrees to provide Chinook Computers with current, complete, and accurate hardware and or software license registration and installation disks to maintain and update as necessary to keep current, complete and accurate;

Personal Use – Client agrees to be fully liable for the use of Client’s computer and software, including any unauthorized use by a third party. Client agrees to notify Chinook Computers immediately if Client becomes aware of any unauthorized use or theft;

Cancellation of Services – Client must notify Chinook Computers immediately in writing, if Client so chooses to utilize the Services of another Company which provides similar Services as laid out by Chinook Computers, all warranties will be cancelled by such Client activity or by Chinook Computers, including any attachments or connections to On-Site computer equipment, software or network, and any unpaid Invoice will be due immediately and upon such notice. 

5.  Amendments.   Client agrees to be bound by any amendments to this Agreement that are set out, from time to time, by Chinook Computers anywhere on the site www.chinookcomputers.com or through any form of communications from Chinook Computers to Client.

6.   No Representations  or  Warranties.   Chinook Computers makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Supplier’s part or any service warrantee offered by such Supplier and without limitation to the generality of the foregoing:

–  Chinook Computers is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;

–  Chinook Computers makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;

–  Chinook Computers makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Supplier Sites and is not responsible for any errors or omissions arising from the use of such information;

–  Client expressly agrees that use of Service is at their sole risk.  The Services are provided on an “As-needed” basis.  Chinook Computers may change the features or functionality of the Services at any time, in its sole discretion. Chinook Computers expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;

–  Chinook Computers makes no warranty that the Services will meet Client’s requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does Chinook Computers make any warranty as to the results that may be obtained through the Service or that defects in hardware components or software installed be correct;

–  Client understands and agrees any material and or data downloaded or otherwise obtained through the use of disk, storage devise or internet service is done at their own discretion and risk and Client will be solely responsible for any damage to their computer systems, network, or loss of data that results from the download of such material and or data;

–  Chinook Computers makes no warranty regarding any goods or services purchased or obtained through a third party service or any transactions entered into through such activity; and

–  No advice or information, whether oral or written, which Client obtains from Chinook Computers or through the Services shall create any warranty not expressly made herein.

7. Limitation of Liability. Chinook Computers is not responsible for any failures, delays, or interruptions in the delivery of any computer component or Services obtained through Chinook Computers; or losses or damages arising from the use of content or services provided outside Chinook Computers.  For greater certainty and without limitation to the generality of the foregoing:

–  Chinook Computers liability to Client for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the Invoice paid by Client to Chinook Computers, for any 1 billing to which an offense lays;

–  In no event will Chinook Computers be liable to Client for any indirect, incidental, or consequential damages arising out of the Service or in connection with the On-site or any other services or products provided to Client through other sources;

–  Chinook Computers, its officers, directors, owners, agents and employees, shall in no way be liable to Client or anyone else for any loss or injury resulting from use of the Service or On-site; however, Client accepts sole responsibility for the safety and wellbeing of all Chinook Computers staff while initiating Services On-site.

In no event shall Chinook Computers be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8, as follows:

8.  Indemnity.   Client agrees to indemnify and hold Chinook Computers harmless from and against, and to reimburse Chinook Computers with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by Chinook Computers by reason of or arising out of or in connection with (i) any breach of this Agreement by Client; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content herein; or (iv) illegal, libelous, or defamatory content on the Service provided by Chinook Computers.

9. Termination.  Either Chinook Computers or Client may terminate this Agreement at any time upon providing five business days written notice prior to the other party deeming termination.

Chinook Computers may terminate this Agreement, discontinue the Service and demand payment due by Client at any time without notice to Client if any of the following circumstances are shown to be true:

–  Client violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by Chinook Computers anywhere on the web site www.Chinook Computers.com;

–  Client engages in conduct or material that Chinook Computers in its sole discretion believes is harmful to the business of Chinook Computers or any Supplier engaged in business with Chinook Computers;

–  Client disputes the terms of this Agreement or any amendment set out, from time to time, by Chinook Computers anywhere on the site www.Chinook Computers.com;

–  Chinook Computers receives a complaint regarding Client from any Supplier which is engaged in business with Chinook Computers.

In the instance of Chinook Computers Services the following conditions apply where this Agreement is terminated by Client:

–  Only Labor Services are subject to an unconditional 30 (thirty) day money-back guarantee.  Any deposit of monies on Hardware or Software Services cancelled within 30 (thirty) days of initial activation will not be refunded, and will be less the cost of expenses incurred in Canadian dollars, determined to be any cost of software licenses and hardware parts and or any shipping and handling charges incurred with such hardware or software sales resulting in Client being billed for any excess expense incurred on Chinook Computers;

–  All requests for cancellation must be sent in writing to the head office of Chinook Computers. Receipt of such request will be confirmed by Chinook Computers;

–  Cancellation requests made by telephone or e-mail will not be accepted by Chinook Computers; and

–  Any account cancelled or deactivated for violation of any term of this Agreement is not eligible for refund as described above.

–  Chinook Computers may elect to charge a cancellation fee against Hardware and Software Licenses ordered by not yet installed On-Site, if Client requests early termination.

–  Following termination of this Agreement, for any reason, Client agrees not to degrade the Services of Chinook Computers in any manner or for any reason, to or for, any other person or place of business.

11. General.

Consent to Breach Not Waiver – No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute consent to, waiver of, or excuse for, any other different or subsequent breach.

Governing Law – This Agreement is governed by and construed in accordance with the applicable laws of the Province of Alberta and the federal laws of Canada and is treated in all respects as an Alberta contract of Business.

Severability – If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.

Entire Agreement – This Agreement, together with all policies, guidelines and amendments set out, from time to time, by Chinook Computers anywhere on the site www.Chinook Computers.com , constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.

Survival – Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 6 (No Representations or Warranties), Article 7 (Limitation of Liability), Article 8 (Indemnity), Article 10 (Assignability) and this Article 11 (General).

Headings – The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.

Remedies Cumulative – Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party’s rights provided by law or otherwise.  Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy.

Counterparts or Electronic Acceptance – This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent and acceptance through electronic means.

12. Right to Refuse Service.   Chinook Computers reserves the right to refuse services to any Client in the event that Client does not abide by the provisions set out in this Agreement. If Chinook Computers deems the Client to be a hindrance on business, the Client will be “blacklisted” and Chinook Computers will not in the future, provide any services to Client. In any such event, Chinook Computers will give Client 15 (fifteen) Calendar days notice to find another provider for their Services.