Important notice
This page is provided for transparency and operational clarity. It is not a substitute for legal advice. Have qualified counsel review and adapt these terms for your entities, jurisdictions, and client contracts before relying on them in production.
1. Agreement to these Terms
These Terms of Service (“Terms”) are a legally binding agreement between you (“you,” “your,” or “Client”) and Klick Services Inc. and its regional delivery operations (collectively, “Klick Services,” “we,” “us,” or “our”).
By accessing our websites, submitting inquiries, or engaging our services, you agree to these Terms. If you are accepting on behalf of a company, you represent that you have authority to bind that company.
If a signed master services agreement, statement of work (SOW), order form, or other written contract exists between you and Klick Services (a “Client Agreement”), that Client Agreement controls for the engagement to the extent of any conflict with these website Terms.
2. Our services
Klick Services provides professional technology services that may include, without limitation:
- Custom web, mobile, and application development
- Systems integration and API platforms
- Cloud, network, and infrastructure engineering
- Managed IT, monitoring, and operational support
- Advisory, architecture, staffing augmentation, and enablement
No guarantee of specific outcomes without a signed scope
Marketing materials, demos, proposals, and website content are informational. Binding scope, timelines, fees, acceptance criteria, and SLAs are established only in a Client Agreement or SOW.
3. Website use and acceptable conduct
You may use our websites for lawful business purposes only. You agree not to:
- Attempt unauthorized access to systems, accounts, or data
- Probe, scan, or test vulnerability without written permission
- Interfere with site integrity, security, or availability
- Scrape or harvest content in a way that burdens our infrastructure or violates law
- Upload malware or transmit unlawful, infringing, or harmful content
- Misrepresent your identity or affiliation in communications with us
4. Accounts, portals, and credentials
If we provide access to client portals, repositories, monitoring dashboards, or collaboration tools, you are responsible for:
- Maintaining the confidentiality of credentials assigned to your users
- Ensuring only authorized personnel access those systems
- Promptly notifying us of suspected compromise or misuse
- Complying with any acceptable-use or security policies we provide for those tools
5. Client responsibilities for engagements
For professional engagements, you agree to provide timely access, decisions, and materials reasonably required for delivery, including:
- Accurate requirements, constraints, and success criteria
- Access to environments, stakeholders, and existing documentation as agreed
- Prompt review and feedback on deliverables and milestones
- Licenses and rights for third-party software, data, and content you provide
- Compliance with laws applicable to your business and the data you supply
Delays
Delays caused by late inputs, unavailable stakeholders, environment issues outside our control, or changes in scope may affect timeline and fees as set out in the Client Agreement.
6. Fees, invoices, and taxes
Fees, expenses, invoicing schedules, and payment terms for paid work are defined in the applicable Client Agreement or SOW.
Unless otherwise stated in writing, invoices are due as specified in the Client Agreement. Late payments may result in suspension of non-critical work after notice, without limiting other remedies.
You are responsible for applicable taxes, duties, and withholdings, excluding taxes based on our net income.
7. Intellectual property
A. Website and marketing content
The website design, text, graphics, logos, and other materials are owned by Klick Services or its licensors and protected by intellectual property laws. You may not copy, modify, or redistribute them except for ordinary browsing or with our prior written consent.
B. Engagement deliverables
Ownership of code, documentation, designs, and other work product created under a paid engagement is governed by the Client Agreement. Unless expressly assigned in writing, Klick Services retains ownership of pre-existing tools, frameworks, accelerators, know-how, and generic components, and grants the license rights stated in the Client Agreement.
C. Client materials
You retain ownership of materials you provide to us. You grant us a limited license to use those materials solely to perform the services.
8. Confidentiality
Each party may receive confidential business, technical, or personal information from the other. The receiving party will use reasonable care to protect that information and use it only for performing under the engagement or as otherwise permitted by a Client Agreement.
Confidentiality obligations do not apply to information that is public through no fault of the receiving party, independently developed, rightfully received from a third party without duty of confidence, or required to be disclosed by law (with notice where legally permitted).
9. Data protection and security
Our handling of personal information is described in our Privacy Policy. For client environments and regulated data, additional security, privacy, and processing terms may be set out in the Client Agreement, data processing addendum, or security schedule.
You are responsible for classifying data you provide and notifying us before sharing highly sensitive or regulated datasets so appropriate controls can be agreed.
10. Warranties and disclaimers
For website content and general information: the site is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
For professional services: warranties, service levels, and remedies are only those expressly stated in a Client Agreement. Except as expressly stated there, services are provided with commercially reasonable skill and care, and all other warranties are disclaimed to the maximum extent permitted by law.
11. Limitation of liability
To the maximum extent permitted by applicable law:
- Klick Services will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility of such damages
- Our aggregate liability arising out of or related to website use is limited to one hundred U.S. dollars (USD $100) or the minimum amount required by law
- For paid engagements, liability caps and exclusions in the Client Agreement apply and control
Non-excludable rights
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or willful misconduct where such limitation is prohibited.
12. Indemnification
You agree to defend and indemnify Klick Services and its personnel against third-party claims, damages, and expenses (including reasonable legal fees) arising from:
- Your misuse of the website or services
- Your breach of these Terms or a Client Agreement
- Content, data, or materials you provide that infringe rights or violate law
- Your failure to obtain required consents or licenses for processing instructions you give us
13. Suspension and termination
We may suspend website access or non-critical services if we reasonably believe there is a security risk, legal violation, non-payment (for engagements), or material breach, after notice where practicable.
Either party may terminate a Client Agreement as provided in that agreement. Provisions that by nature should survive (including IP ownership terms, confidentiality, liability limits, and accrued payment obligations) will survive termination.
14. Third-party products and open source
Services may integrate or rely on third-party platforms (for example cloud providers, networking vendors, or libraries). Those products are subject to their own terms. Open-source components are governed by their applicable licenses. We are not responsible for third-party outages or changes outside our reasonable control, except as expressly agreed in a Client Agreement.
15. Compliance and export
You represent that you will use our services in compliance with applicable laws, including anti-bribery, sanctions, and export control laws. You will not request that we process data or deliver technology in violation of those laws.
16. Governing law and disputes
Unless a Client Agreement specifies otherwise, these Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules.
Courts located in Toronto, Ontario shall have exclusive jurisdiction over disputes arising from website use under these Terms, except that we may seek injunctive relief in any appropriate forum to protect intellectual property or confidential information.
Mandatory local consumer or privacy laws that cannot be waived remain unaffected. For enterprise Client Agreements, dispute resolution terms in that agreement control.
17. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date will change when we do. Continued use of the website after changes become effective constitutes acceptance of the updated Terms for website use. Changes to active paid engagements require the amendment process in the Client Agreement.
18. General
- If any provision is found unenforceable, the remaining provisions remain in effect
- Our failure to enforce a provision is not a waiver of our right to enforce it later
- You may not assign these Terms without our consent; we may assign to an affiliate or successor
- These Terms, together with the Privacy Policy and any Client Agreement, are the entire agreement for their respective subject matter
- Headings are for convenience only and do not affect interpretation
19. Contact
Legal notices and Terms questions: legal@klickservices.com
General contact: info@klickservices.com
Privacy questions: privacy@klickservices.com
Need a signed agreement?
Enterprise engagements use a Client Agreement / SOW.
Website terms cover browsing and general use. Project scope, SLAs, and IP assignment are defined in your signed contract.