Angry Penguin Solutions, a Canadian based Managed Service Provider (MSP), provides its services to you subject to the following Terms of Service (“TOS”). By using Angry Penguin Solutions services, you agree to be bound by the following terms and conditions. If you do not agree to these terms and conditions, you should not use Angry Penguin Solutions services.
Purpose of the TOS: These TOS govern the use of Angry Penguin Solutions services and any associated software, documentation, and support services (collectively, the “Services”).
Agreement to TOS: By using Angry Penguin Solutions Services, you are agreeing to be bound by these TOS. If you do not agree to these TOS, you should not use Angry Penguin Solutions Services.
Description of Services: Angry Penguin Solutions provides a variety of services, including but not limited to, IT support, network management, software development, and data backup and recovery. The specific services provided to each client will be outlined in a separate agreement.
Limitations of Services: Angry Penguin Solutions will make every effort to provide reliable and efficient services. However, Angry Penguin Solutions cannot guarantee that the Services will be uninterrupted or error-free. Angry Penguin Solutions will not be liable for any damages caused by interruptions or errors in the Services.
Payment Terms: Angry Penguin Solutions requires payment in advance for all Services. Payment can be made by credit card, check, or wire transfer.
Fees: Angry Penguin Solutions charges a monthly fee for its Services. The specific fee for each client will be outlined in a separate agreement.
Refund Policy: Angry Penguin Solutions does not offer refunds for its Services.
Data Security: Angry Penguin Solutions takes the security of client data very seriously. Angry Penguin Solutions uses industry standard security measures to protect client data, including firewalls, encryption, and secure servers.
Confidentiality Agreement: Angry Penguin Solutions will not disclose any client data to third parties without the client’s express permission.
Service Level Guarantees: Angry Penguin Solutions guarantees a certain level of service for its clients. The specific service level guarantees for each client will be outlined in a separate agreement.
Reporting and Resolving Service Issues: If a client experiences an issue with Angry Penguin Solutions Services, the client should contact Angry Penguin Solutions support team. Angry Penguin Solutions will make every effort to resolve the issue in a timely manner.
Ownership of Intellectual Property: Any intellectual property related to Angry Penguin Solutions Services remains the property of Angry Penguin Solutions.
Restrictions on Use of Intellectual Property: Clients may not use any intellectual property related to Angry Penguin Solutions Services for any purpose other than the specific purpose for which it was provided.
Conditions for Termination or Cancellation: Angry Penguin Solutions may terminate or cancel a client’s Services at any time if the client breaches any of these TOS.
Procedures for Termination or Cancellation: If Angry Penguin Solutions terminates or cancels a client’s Services, the client will be notified in writing.
Limitations of Liability: Angry Penguin Solutions will not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of Angry Penguin Solutions Services.
Indemnification: You agree to indemnify, defend and hold Angry Penguin Solutions, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these TOS.
Agreement to Resolve Disputes Through Arbitration or Mediation: Any disputes arising out of or in connection with these TOS shall be resolved through arbitration or mediation, as mutually agreed by both parties.
Governing Law: These TOS shall be governed by and construed in accordance with the laws of Alberta, Canada, without giving effect to any principles of conflicts of law.
Jurisdiction: Any disputes arising out of or in connection with these TOS shall be subject to the exclusive jurisdiction of the courts located in Alberta, Canada.
Entire Agreement: These TOS constitute the entire agreement between you and Angry Penguin Solutions with respect to the use of Angry Penguin Solutions Services.
Severability: If any provision of these TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No Waiver: Angry Penguin Solutions failure to enforce any right or provision in these TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Angry Penguin Solutions in writing.
Force Majeure: Angry Penguin Solutions shall not be liable for any delay or failure in performance of its obligations under these TOS, if such delay or failure is caused by a force majeure event, such as natural disaster, war, terrorism, strike, lockout, or governmental act.
Contact Information: If you have any questions or concerns about these TOS, please contact Angry Penguin Solutions support team at (403) 563 6224.
