User Agreement
Please note that this User Agreement is for all Individuals and Businesses. Please read this User Agreement carefully prior to using Our Services on Cybit IT Inc.’s website (www.cybitit.com).
Interpretation and Definitions
Interpretation
Definitions
For the purposes of this User Agreement:
- Affiliate: means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority;
- User Account: means a unique online account created for You to access our Services or parts of our Services;
- Country: refers to Ontario, Canada;
- Company: (referred to as either “The Cybit IT Inc. Company (www.cybitit.com)”, “We”, “Us” or “Our” in this Agreement) refers to Cybit IT Inc., 9205 Yonge St., Richmond Hill, ON, L4C 1V5, Canada;
- Content: refers to content such as text, emails, images, clients reviews, comments, HTML codes, PHP codes, or other information that can be posted, uploaded, linked to or otherwise made available on www.cybitit.com website by Cybit IT Inc., You and Other Users, regardless of the form of that content;
- Device: means any device that can access the Service such as a computer, a cellphone or a digital tablet;
- Feedback: means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Services;
- Services: refer to the services offered for sale on the Website www.cybitit.com;
- Orders: mean a request by You to purchase Services from Us;
- Promotions: refer to contests, sweepstakes or other promotions offered through the Services;
- User Agreement: (also referred to as “Terms”) means these terms and conditions that form the entire agreement between You and the Cybit IT Inc. (www.cybitit.com) Company regarding the use of the Services;
- Third-party Social Media Service: means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Services;
- Website: refers to Cybit IT Inc., accessible from https://cybitit.com;
- You: means the individual accessing or using the Services, or the business, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
Acknowledgment
These are the User Agreement governing the use of these Services and the agreement that operates between You and The Cybit IT Inc. Company (www.cybitit.com). This User Agreement sets out the rights and obligations of all users regarding the use of the Services.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with this User Agreement. These User Agreements apply to all visitors, users and others who access or use the Services.
By accessing or using the Service You agree to be bound by this User Agreement. If You disagree with any part of this User Agreement then You may not access the Services.
You represent that you are over the age of 18 years old. The Cybit IT Inc. Company (www.cybitit.com) does not permit those under 18 years old to use the Services on this website.
Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Cybit IT Inc. Company (www.cybitit.com). Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services on this website.
Placing Orders for Services
By placing an Order for Services on this website, You warrant that You are legally capable of entering into binding contracts (User Agreement).
Your Information
If You wish to place an Order for Services available on this website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your Bank Credit/Debit Card number, the expiration date of Your Bank Credit/Debit Card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any Bank Credit/Debit Card(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Services availability;
- Errors in the description or prices for Services;
- Errors in Your Order.
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Order Cancellation Rights
Any Services you purchase can only be cancelled in accordance with this User Agreement and Our Refund Policy.
Our Refund Policy forms a part of this User Agreement. Please read our Refund Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Services that are cancelled in errors or malfunctions. You should also include all of the services instructions, original receipt and the same payment method. Services that are not error or malfunction and delivered in full will not be refunded. You should therefore take reasonable care of the ordered Services while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We deliver the cancelled Services. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order/Service for any of the following conditions:
- The Services provided more than seven(7) calendar days;
- The Services functionally is working;
- The Services/Products is delivered;
- The Services/Products has included a third-party Licence key;
- The Services source of payment is different at the time of refunding;
- The Services is paid and You would like to get additional Service in the same fee;
- The Services are made to Your specifications or clearly personalized;
- The Services which according to their nature are not suitable to be cancelled or where the date of expiry is over;
- The Services are not suitable for cancellation due to licence protection and were unsealed after delivery.
- The Services which are, after delivery, according to their nature, inseparably mixed with other orders or services;
- The Services of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Services on the Cybit IT Inc. website (www.cybitit.com). The Services available on Our website (www.cybitit.com) may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Services and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, service images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Cybit IT Inc. Company (www.cybitit.com) reserves the right to revise the prices of its services at any time prior to accepting an Order.
The prices quoted may be revised by the Cybit IT Inc. Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in Customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Cybit IT Inc. Company. In that event, You will have the right to cancel Your Order prior to delivery of the services.
Payments
All Services ordered are subject to one-time, hourly and monthly payments. Payment(s) can be made online on the Cybit IT Inc. website (www.cybitit.com) through the Credit/Debit Card(s) we have available, such as Visa, MasterCard, Affinity Card, and American Express cards.
Payment cards (Credit Cards or Debit Cards) are subject to validation checks and authorization by Your card issuer/bank. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order/Service.
Promotions
Any Promotions made available through the Services may be governed by rules that are separate from this User Agreement.
If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy and User Agreement. If the rules for a Promotion conflict with this User Agreement, the Promotion rules will apply.
User Accounts
When You create a user account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the User Agreement, which may result in immediate termination of Your account on Our Services.
You are responsible for safeguarding the Username and Password that You use to access the Services and for any activities or actions under Your Username and Password, whether Your Username and Password are with Our Services or a Third-Party Social Media Services.
You agree not to disclose Your Username and Password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your user account.
You may not use as a Username and Password the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Content
Right to Post Content
Our Services allow You to post Content and Review it. You are responsible for the Content and Review that You post to the Services, including its legality, reliability, and appropriateness.
By posting Content and Review to the Services on this website, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content and Review on and through the Services. You retain any and all of Your rights to any Content and Review You submit, post or display on or through the Services and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content and Review available to other users of the Services, who may also use Your Content and Review subject to this User Agreement.
You represent and warrant that: (i) the Content and Review is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in this User Agreement, and (ii) the posting of Your Content and Review on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Cybit IT Inc. Company (www.cybitit.com) is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and Review and for all activity that occurs under your user account on this website, whether done so by You or any third person using Your user account.
You may not transmit any Content and Review that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content and Review include, but are not limited to, the following:
- Unlawful or promoting unlawful activity;
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
- Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights;
- Impersonating any person or entity including the Cybit IT Inc. Company (www.cybitit.com) and its employees or representatives;
- Violating the privacy of any third person;
- False information and features.
The Cybit IT Inc. Company (www.cybitit.com) reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content and Review is appropriate and complies with this User Agreement, refuse or remove this Content. The Cybit IT Inc. Company (www.cybitit.com) further reserves the right to make formatting and edits and change the manner of any Content and Review. The Cybit IT Inc. Company (www.cybitit.com) can also limit or revoke the use of the Services if You post such objectionable Content.
As the Company cannot control all Content and Reviews posted by users and/or third parties on the Services, you agree to use the Services at your own risk. You understand that by using the Services You may be exposed to Content and Reviews that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Cybit IT Inc. Company (www.cybitit.com) be liable in any way for any Content and Reviews, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Content/Data Backups
Although regular backups of Content/Data are performed, the Cybit IT Inc. Company (www.cybitit.com) does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Cybit IT Inc. Company (www.cybitit.com) will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Cybit IT Inc. Company (www.cybitit.com) has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Services.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Services infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our Legal Department via submitting at https://cybitit.com/contact-cybit-it-company and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Service where the material that You claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Legal Department via submitting at https://cybitit.com/contact-cybit-it-company
Upon receipt of a notification, Cybit IT Inc. (www.cybitit.com) will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Services.
Intellectual Property
The Services and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Cybit IT Inc. (www.cybitit.com) and its licensors.
The Services are protected by Copyright, Trademark, and other laws of both Canada and foreign countries.
Our Trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cybit IT Inc. (www.cybitit.com).
Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Cybit IT Inc. (www.cybitit.com). If for any reason such assignment is ineffective, You agree to grant Cybit IT Inc. (www.cybitit.com) a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restrictions.
Links to Other Websites
Our Services may contain links to third-party websites or services that are not owned or controlled by Cybit IT Inc. (www.cybitit.com).
Cybit IT Inc. (www.cybitit.com) has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Cybit IT Inc. (www.cybitit.com) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, reviews or services available on or through any such web sites or services.
We strongly advise You to read the Terms and Conditions and Privacy Policies of any third-party websites or services that You visit.
Termination
Cybit IT Inc. (www.cybitit.com) may terminate or suspend Your User Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach this User Agreement.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of Cybit IT Inc. (www.cybitit.com) and any of its suppliers or service provider under any provision of this User Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Services or CAD$ 100 if You have not ordered anything through the Services.
To the maximum extent permitted by applicable law, in no event shall Cybit IT Inc. (www.cybitit.com) or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this User Agreement), even if the Cybit IT Inc. (www.cybitit.com) or any supplier or services provider has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some provinces and states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these provinces and states, each party’s liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Services is provided to You “AS IS” and “AS AVAILABLE” and with all errors, faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Cybit IT Inc. (www.cybitit.com), on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Cybit IT Inc. (www.cybitit.com) provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Cybit IT Inc. (www.cybitit.com) nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, emails, and materials or services included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, emails or content provided through the Services; or (iv) that the Services, its servers, the content, or emails sent from or on behalf of the Cybit IT Inc. (www.cybitit.com) are free of viruses, scripts, trojan horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of Canada, excluding its conflicts of law rules, shall govern this User Agreement and Your use of the Services. Your use of the Application may also be subject to other local, province, state, national, or international laws.
Disputes Resolution
If You have any concerns or disputes about the Services, You agree to first try to resolve the dispute informally or formally by contacting Cybit IT Inc. (www.cybitit.com) at https://cybitit.com/contact-cybit-it-company
European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
The United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of this User Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this User Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
This User Agreement may have been translated if We have made them available to You on our Services.
You agree that the original English text shall prevail in the case of a dispute.
Changes to This User Agreement
We reserve the right, at Our sole discretion, to modify or replace this User Agreement at any time. If a revision is material We will make reasonable efforts to provide at least thirty(30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Services after those revisions become effective, You AGREE to be bound by the revised User Agreement. If You do not agree to the new User Agreement, in whole or in part, please STOP using Cybit IT Inc. Website/App (www.cybitit.com) and the Services.
Contact Cybit IT Inc.
If you have any questions about this User Agreement, You can contact us at https://cybitit.com/contact-cybit-it-company