These terms apply to the use of mercuryit.ca and to services and products provided by Mercury IT LTD ("Mercury IT", "we", "us"), 2500–500 4 Avenue SW, Calgary, Alberta T2P 2V6, Canada, to a customer ("you").
1. Agreements and order of priority
Our services are provided under a written quote, statement of work (SOW) or managed services agreement. If these terms conflict with a signed agreement or SOW, the signed document prevails. These terms, together with our Refund & Cancellation Policy and Delivery & Shipping Policy, form part of every engagement.
2. Prices and quotes
- Prices on this website are starting prices per user per month, shown in Canadian dollars (CAD) for customers in Canada and in US dollars (USD) elsewhere. The price in your written quote is the price that applies.
- Prices exclude applicable taxes (GST, and HST or QST where applicable), which are added to invoices.
- Quotes are valid for 30 days unless they state otherwise.
- Hardware and third-party licence prices may change if supplier prices or exchange rates change before we place the order; we will confirm any change before ordering.
3. Payment
- Managed services are invoiced monthly in advance. Projects are invoiced as set out in the quote or SOW (for example a deposit and milestones).
- Payment is due within the period stated on the invoice. We accept credit card, Interac e-Transfer, electronic funds transfer and cheque.
- If an invoice remains unpaid 30 days after its due date, we may suspend non-essential services after giving you written notice.
4. Your responsibilities
You agree to give us timely access to your premises, systems and people as reasonably needed; to hold valid licences for software you ask us to install or manage; to keep your own business data backed up unless backup is part of your plan; and to tell us about any safety rules that apply on your sites.
5. Our commitments
We perform our services with reasonable skill and care, following good industry practice and applicable safety requirements. We cannot guarantee that any system will be uninterrupted, error-free or immune to cyberattacks. Response times and service levels are those stated in your agreement.
6. Third-party products
Hardware, software and cloud services from other companies (for example Microsoft) are supplied under their manufacturers' terms and warranties, which we pass on to you. We will help you use those warranties.
7. Intellectual property
Work product created specifically for you becomes yours once all related fees are paid. We keep ownership of our pre-existing tools, templates, scripts and general know-how, and grant you a licence to use any of them included in your deliverables.
8. Confidentiality
Each party will keep the other's confidential information private and use it only for the engagement, except where disclosure is required by law.
9. Limitation of liability
To the extent permitted by law, our total liability for any claim related to a service is limited to the fees you paid for that service in the 12 months before the claim. We are not liable for indirect or consequential losses such as lost profits, lost data or business interruption. Nothing in these terms limits liability that cannot be limited by law.
10. Consumers
Our services are designed for businesses. If you are a consumer, these terms do not affect the rights you have under the Alberta Consumer Protection Act or other consumer protection laws that apply to you.
11. Use of this website
Website content is for general information and may change without notice. You may not misuse the website, attempt to gain unauthorized access to it, or copy its content for commercial use without our permission. Links to other websites are provided for convenience; we are not responsible for their content.
12. Governing law
These terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. The courts of Alberta, sitting in Calgary, have exclusive jurisdiction, unless consumer protection law gives you the right to go to court elsewhere.
13. Language
A French version of these terms is available at mercuryit.ca/fr/legal/terms/. The parties have expressly required that these terms and related documents be drawn up in English. Les parties ont expressément exigé que ces conditions et les documents qui s'y rattachent soient rédigés en anglais.
14. Changes and contact
We may update these terms; the version in force when you place an order applies to that order. Questions: info@mercuryit.ca or +1 (587) 578-2356.