Terms of service.
01. Nature of services.
iModernizeIT delivers fixed-scope, fixed-fee rebuilds of legacy line-of-business web applications. Services do not include ongoing SaaS hosting or support obligations. Every engagement includes a 30-day post-launch warranty; no further ongoing support is offered under this agreement.
02. Engagement agreement.
Each engagement is governed by a signed Statement of Work (SOW) that defines the specific scope, deliverables, timeline, fees, and acceptance criteria. The SOW is the operative contract for the engagement. These Terms apply generally; the SOW controls where terms differ.
03. Payment terms.
No deposit. The full fixed fee is invoiced upon client acceptance of the delivered application at the Stage 4 review. Payment is due within 30 days of invoice. Specific payment terms, including currency and method, are detailed in the applicable SOW.
04. Intellectual property.
All source code, documentation, and deliverables produced under an engagement transfer to the client on final payment. Pre-existing libraries, tooling, and methods remain the property of iModernizeIT; the client receives a perpetual, irrevocable, royalty-free licence to use them as embedded in the delivered application.
05. Warranty.
iModernizeIT warrants that the delivered application will conform to the acceptance criteria defined in the SOW for 30 days post-launch. During the warranty window, bug fixes and minor adjustments are included at no additional cost. No extensions are offered; subsequent work is scoped as a new SOW.
06. Liability.
The total liability of iModernizeIT under any engagement is capped at the fixed fee paid under the applicable SOW. iModernizeIT is not liable for indirect, incidental, consequential, special, or punitive damages.
07. Governing law.
These Terms and each SOW are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.
08. Dispute resolution.
The parties will attempt in good faith to resolve any dispute through direct discussion before resorting to mediation or litigation. Any unresolved dispute will be submitted to the courts of the Province of Ontario, which the parties accept as the exclusive forum.
09. Updates to these terms.
These Terms may be updated from time to time. Material changes will be reflected in the effective date above. The Terms in force at the time an SOW is signed continue to apply to that engagement.