Acceptance of These Terms
Welcome to the Terms of Service for Naturcare. These terms create a written agreement between you and Yes Naturcare Inc., the company based at 33 Prairie Gate, SPRUCE GROVE - T7X 0W8, Canada (CA). By visiting our website, contacting us, engaging our services, or otherwise using anything we offer, you agree to be bound by these terms. If you do not agree with any part of these terms, you should stop using our website and our services immediately. When you engage us for a specific project, a written proposal and agreement may add project specific conditions, and in that case those conditions apply together with these terms. If there is a conflict between these terms and a signed agreement, the signed agreement controls for the parts that conflict. We recommend that you read these terms fully and that you keep a copy for your records. Our goal is to make these terms fair and clear, and we are always willing to answer questions about them.
About the Company Behind These Services
The services described on this website are developed and operated by the developer Naturcare, acting on behalf of Yes Naturcare Inc. Yes Naturcare Inc. is a company engaged in computer systems design and related services, based in Canada. Its registered address is 33 Prairie Gate, SPRUCE GROVE - T7X 0W8, Canada (CA). In these terms, references to we, us, our, Naturcare, or the company all mean Yes Naturcare Inc. and the developer Naturcare, unless the surrounding text clearly requires a different meaning. You can contact us by email at serve@naturcare.hair or by phone at +14424723680. Our team designs computer systems, integrates separate systems so they work together, builds data services, engineers platforms, and provides ongoing managed care. These terms apply to all of those services and to every interaction you have with our team, including calls, emails, meetings, and the work we deliver. We encourage you to verify the identity of anyone who contacts you claiming to represent Naturcare if you have any doubt.
The Services We Provide
Naturcare provides computer systems design, computer integrated systems design, data services, platform engineering, security and compliance assistance, and managed care. Computer systems design is the planning and specification of the software, networks, and workflows that support a business. Computer integrated systems design is the practice of connecting separate systems so that they exchange information reliably. Data services include the design, migration, cleaning, and reporting of information. Platform engineering covers the infrastructure where applications run, including servers, storage, networking, and automation. Managed care includes monitoring, updates, backups, and support for systems after they are built. The precise scope of each engagement is set out in the written proposal we prepare before work begins. No service is implied beyond the scope described in your agreement, and we will confirm in writing before we undertake work that falls outside the agreed scope. Our services are provided on a professional basis, and we are not a licensed legal, accounting, or financial advisor.
Eligibility to Use Our Services
You must be at least the age of majority in your jurisdiction to enter into an agreement with us or to use our services on behalf of a business. If you are using our services on behalf of a company, partnership, or other organization, you confirm that you have the authority to bind that organization to these terms, and in that case the terms apply to the organization as well as to you personally. You also confirm that the information you provide to us, including your name, contact details, and company details, is accurate and current, and you agree to update us if that information changes. We reserve the right to refuse service to anyone for any lawful reason, including a failure to meet our eligibility standards or a history of conduct that is inconsistent with our values. By engaging us, you also confirm that you are not located in a jurisdiction that is subject to trade sanctions that would make it unlawful for us to provide services to you. We take our compliance obligations seriously, and we expect our clients to do the same.
Accounts and Responsibilities
Some of our services may require you to create an account, grant us access to systems, or provide credentials that allow us to perform work on your behalf. You are responsible for maintaining the confidentiality of any credentials, passwords, and access keys that you share with us, and you agree to notify us promptly if you believe those credentials have been compromised. We will use credentials only for the purposes described in your agreement, and we will store them securely with access limited to the people who need them. We will not disclose your credentials to any third party, and we will return or delete them at the end of our engagement as described in your agreement. You are responsible for all activity that occurs under credentials we use on your behalf, and you agree to keep our contact details current so that we can reach you about matters of security. Where we build systems that require accounts for your end users, the management of those accounts is your responsibility unless we have agreed to provide managed care that includes it.
Your Obligations as a Client
To deliver quality work, we depend on our clients to provide timely information, honest feedback, and reasonable access. You agree to provide us with accurate information about your business, your systems, and your goals, and to tell us promptly if that information changes. You agree to respond to our questions and requests within a reasonable time, because a delayed answer can delay a project. You agree to provide access to the systems, documents, and people we need to do our work, and you agree that access to any third party systems will be granted in accordance with the rules of those systems. You agree to review and approve the deliverables we submit to you within the timeframes set out in your agreement. You agree to comply with all laws that apply to your business and to your use of our services. If you withhold information that is material to our work, or if you fail to meet your obligations, we may pause the project and adjust the timeline and cost accordingly, and we will tell you in writing before we do so.
Acceptable Use of Our Services
You agree to use our website and services only for lawful purposes and in a way that respects the rights of others. You will not use our services to transmit unlawful, harmful, defamatory, or fraudulent content, and you will not use our services to infringe the rights of any person, including intellectual property rights and privacy rights. You will not attempt to gain unauthorized access to our systems, to the systems we operate for our clients, or to the networks of third parties. You will not use our services to distribute malware, to launch denial of service attacks, or to engage in any activity that could harm our infrastructure or the infrastructure of others. You will not reverse engineer our systems beyond the limits permitted by law, and you will not resell our services without our written permission. We may suspend or terminate access to our services if we reasonably believe that your use violates these rules or threatens the security or availability of our systems. You remain responsible for your own content and for the consequences of your own actions while using our services.
Intellectual Property Rights
The design, code, documentation, and other materials we create for you under a paid engagement are owned by you once your invoice for the relevant work is paid in full, unless your written agreement states otherwise. Materials we build that are based on our general methods, tools, libraries, and know how remain our property, and we grant you a perpetual license to use them as part of the deliverables you own. Our website, our branding, our name Naturcare, and the content we publish remain our property, and you may not copy, distribute, or use them without our written permission. You confirm that any content, data, or materials you provide to us are yours to provide, and you grant us the right to use them for the purpose of delivering our services to you. We will not claim ownership of your data. Where third party software is included in your deliverables, its use is governed by the license that accompanies it, and we will tell you about any third party licenses that apply to your deliverables.
Fees and Payment
Fees for our services are set out in the written proposal or agreement we provide before work begins, and they are quoted in the currency stated in that proposal. Unless we agree otherwise, fees are payable on the schedule described in your proposal, which may include a deposit before work begins and progress payments as milestones are completed. Invoices are due within the number of days stated on the invoice, and overdue amounts may accrue interest at the rate allowed by law or may be subject to a late fee as stated in your agreement. We may pause work if an invoice remains unpaid, and we may require payment in full before delivering final materials. Where we agree to a fixed fee, that fee is binding for the scope described in the proposal, and changes to scope will be reflected in a written change order before we begin the additional work. We are not responsible for taxes that apply to our services, and where required we will add applicable taxes to our invoices as the law requires. Payment methods are agreed in writing before the first invoice is issued.
Delivery and Timelines
We provide the timelines in our proposals as estimates made in good faith, and we work hard to meet them, but we cannot guarantee that a date will be met if factors outside our control intervene. Factors that may affect timelines include changes in scope, delays in receiving information from you, delays caused by third parties, and unexpected technical discoveries. When a timeline changes, we will tell you as soon as we know, and we will provide a revised estimate together with an explanation of the reason for the change. Deliverables are considered accepted when you approve them in writing, or when you use them in a live environment without objection, or after the review period in your agreement has passed without comment. After acceptance, you may request changes, and those changes will be handled through a change order that may affect the schedule and the fee. If we deliver work that does not conform to the agreed specification, we will correct it at our own cost as described in the warranty section of these terms.
Confidentiality
During our engagement, we may learn information about your business that is confidential, including your plans, your systems, your data, and your financial matters. We will keep that information confidential, use it only for the purpose of serving you, and disclose it only to the people within our team who need it to do their work. We will not reveal your confidential information to third parties without your permission, except where the law requires us to disclose it, where it is necessary to protect our legal rights, or where it is already public through no fault of our own. You agree to treat any proprietary materials we share with you as confidential and to use them only for the purposes of our engagement. The obligations in this section continue to apply after our engagement ends, for as long as the information remains confidential. Upon your request, we will return or destroy the confidential materials we hold, subject to our record keeping obligations. We treat the confidentiality of our clients with the same seriousness as the security of the systems we build.
Data Protection and Security
We process personal data in accordance with our Privacy Policy, which is available on our website and forms part of these terms. You are responsible for ensuring that you have the right to provide us with any personal data you share, and for making whatever disclosures are required by law to the people whose data is involved. Where we process personal data on your behalf as part of our services, we act as a service provider and we follow your reasonable instructions in relation to that data. We apply reasonable security measures to protect the systems we operate, including encryption, access controls, and monitored infrastructure, but no system is completely secure and we cannot guarantee that a breach will never occur. We will notify you promptly if we become aware of a security incident affecting your data, and we will cooperate with you to limit the harm. You are responsible for backing up your own data and for keeping your own copies of materials you provide to us. We will not be liable for data loss caused by factors within your control or by events beyond our reasonable control.
Warranties and Disclaimer
We warrant that the services we provide will be performed in a professional manner consistent with the standards of the computer systems design industry, and that our deliverables will conform to the agreed specification for a period of ninety days after acceptance. During that period, we will correct defects in our work at no additional cost when you report them in a timely manner. Our correction of a defect is not a waiver of any other right you hold under these terms. Except for the warranties stated in this section, and to the fullest extent permitted by law, our services and website are provided as is, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that our services will be error free, uninterrupted, or secure against every threat, and we do not warrant that the advice we provide will produce any particular business result. You are responsible for deciding how to use the deliverables we provide and for testing them in your own environment before relying on them.
Limitation of Liability
To the fullest extent permitted by law, the total liability of Naturcare and Yes Naturcare Inc. for any claim arising out of or relating to these terms or to our services will not exceed the total fees you paid to us for the specific service giving rise to the claim. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, even if we were advised of the possibility of such damages. These limits apply regardless of the legal theory on which a claim is based, including contract, tort, negligence, and strict liability. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limits may not apply to you, and in that case our liability will be limited to the greatest extent permitted by law. The limitations in this section are a fundamental part of the bargain between us, and they apply even if the remedy provided under these terms fails of its essential purpose. Nothing in these terms limits any liability that cannot be limited by law.
Indemnification
You agree to indemnify, defend, and hold harmless Naturcare, Yes Naturcare Inc., and their employees, contractors, and advisors from and against any claims, damages, losses, liabilities, and reasonable expenses, including legal fees, that arise out of or relate to your use of our services, your violation of these terms, or your violation of any law or the rights of any third party. We will notify you promptly of any claim for which we seek indemnification, we will allow you to control the defense of the claim if you wish, and we will cooperate with you at your expense. You may not settle any claim on our behalf without our written consent. If a claim arises out of our own negligence or our own breach of these terms, the indemnification in this section does not apply to the extent of our own fault. The obligations in this section survive the termination of our engagement and the termination of these terms. We include this provision so that each party bears responsibility for the consequences of its own actions rather than the actions of the other.
Termination of Services
You may terminate an engagement for convenience by giving us written notice at any time, and we may terminate an engagement for convenience by giving you written notice at least thirty days in advance. Upon termination, you are responsible for payment for all work performed and expenses incurred up to the date of termination, and we will deliver to you the work products completed up to that date for which you have paid. We may terminate an engagement immediately if you breach these terms and fail to cure the breach within a reasonable period after notice, if you fail to pay amounts due, or if you take action that threatens our legal or professional standing. Upon termination for any reason, each party will return or destroy the confidential information of the other as requested, subject to record keeping obligations. The sections of these terms that are intended to survive termination, including sections on intellectual property, confidentiality, liability, and indemnification, will continue to apply. Termination of an engagement does not affect any rights or obligations that accrued before the date of termination.
Events Beyond Our Control
Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, severe weather, power failures, network failures, interruptions to internet service, government action, war, civil unrest, pandemic, or the failure of third party services that we rely on to do our work. If such an event occurs, the affected party will notify the other party as soon as reasonably possible, will take reasonable steps to resume performance as quickly as it can, and will be excused from performance for the duration of the event. If an event beyond our control continues for more than sixty days, either party may terminate the affected engagement by written notice without further liability, except that you remain responsible for payment for work performed before the event began. We will make reasonable efforts to continue our managed care obligations even during difficult circumstances, because we know our clients depend on us, but we cannot promise results that are physically or legally impossible. This section does not excuse any party from an obligation to pay money that was already due.
Governing Law and Disputes
These terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute arising out of or relating to these terms or to our services will first be addressed through good faith discussions between the parties, and we will each make a reasonable effort to resolve the matter informally before pursuing any formal remedy. If the dispute cannot be resolved informally, you agree that it will be resolved exclusively in the courts of the Province of Alberta, and you consent to the jurisdiction of those courts for that purpose. You agree to bring any claim against us within two years after the claim arises, or within the shortest period permitted by applicable law if that period is shorter. We will not be responsible for disputes that are not brought to our attention in a timely manner. If any part of this governing law section is unenforceable, the remaining parts will continue to apply. This section does not limit any rights you hold under the law of your own jurisdiction.
Changes to These Terms
We may update these terms from time to time to reflect changes in our services, changes in the law, or changes in the way we operate. When we make a material change, we will revise the effective date at the top of this page and we will take reasonable steps to notify you, which may include a notice on our website or an email to our clients. Changes take effect on the date they are posted, unless we state otherwise in the notice. If you do not agree with a change, you may stop using our services and terminate any active engagement in accordance with the termination section of these terms. Your continued use of our services after a change takes effect means that you accept the updated terms. We will not apply a change retroactively to work that has already been completed under a prior version of these terms, except where the law requires us to do so. We encourage you to review these terms periodically so that you stay aware of the conditions that apply to your relationship with us. The most current version of these terms is always available on this page.
General Provisions
These terms, together with your signed proposal or agreement, any change orders, and our Privacy Policy, constitute the entire agreement between you and us regarding our services, and they replace any prior agreements, statements, or understandings on the same subject. If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect. Our failure to enforce any provision of these terms does not waive our right to enforce it later. You may not assign these terms or any of your rights under them without our written consent, and we may assign these terms in connection with a merger, acquisition, or sale of our business. Headings in these terms are for convenience only and do not affect their meaning. The parties to these terms are independent contractors, and nothing in these terms creates a partnership, agency, or employment relationship. Notices under these terms must be sent in writing to the contact details provided in the contact section. Both parties agree that electronic records and signatures may be used where the law permits.
Contact Information
If you have any questions about these terms, our services, or an active engagement, we are glad to help. You can reach the developer Naturcare and the company Yes Naturcare Inc. by email at serve@naturcare.hair or by phone at +14424723680. Our mailing address is 33 Prairie Gate, SPRUCE GROVE - T7X 0W8, Canada (CA). We will acknowledge your message promptly and provide a full response within a reasonable time. When you write to us about a legal matter, please describe the issue clearly and include any reference numbers or project names you have. We treat every message with care and we will direct your message to the right person on our team. We value clear communication, and we believe that most misunderstandings can be resolved with an honest conversation. Please reach out before a small issue becomes a large one, because we would rather work with you to find a solution than argue about a problem after the fact. Thank you for reading these terms and for considering Naturcare for your technology needs.