Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”, “you”, “your”) and Canadian Aurora Cloud Inc., a corporation incorporated under the laws of British Columbia, Canada (“CanAurora”, “we”, “us”).

By accessing our website at https://canaurora.com, submitting an enquiry, or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our website or services.

If you are accepting on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

CanAurora provides the following categories of IT and cloud services:

• IT Infrastructure – network design, server infrastructure, virtualization, hybrid cloud environments
• Cloud Hosting – private, public, and hybrid cloud solutions on AWS, Azure, and Google Cloud
• Managed IT Services – 24/7 proactive monitoring, helpdesk support, patch management
• Custom Software Development – web applications, mobile solutions, APIs, system modernisation
• Disaster Recovery & Business Continuity – RTO/RPO planning, automated backups, failover systems
• Compliance & Regulations – ISO 27001, SOC 2, HIPAA, GDPR, PIPEDA, PCI-DSS advisory and implementation

The specific scope of services, deliverables, timelines, fees, and service levels applicable to your engagement are set out in a separate Statement of Work (SOW), Service Agreement, or Master Services Agreement (“Service Agreement”) executed between you and CanAurora. In the event of conflict between these Terms and a signed Service Agreement, the Service Agreement prevails.

Certain services may require you to create an account or be granted access credentials. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

• You must provide accurate and complete information when setting up an account
• You must notify us immediately at info@canaurora.com of any unauthorised access or security breach
• You may not share credentials with unauthorised individuals
• We reserve the right to suspend or terminate access if we suspect a security compromise

You agree to use our website and services only for lawful business purposes and in compliance with all applicable laws and regulations. You must not:

• Use our infrastructure to send spam, conduct phishing, or distribute malware
• Attempt to gain unauthorised access to our systems or any third-party systems
• Engage in activities that violate Canadian or international law
• Use our services to store or transmit content that is unlawful, defamatory, or infringes third-party rights
• Interfere with or disrupt the integrity or performance of our services
• Reverse-engineer, decompile, or disassemble any software provided by us
• Exceed the scope of access granted under your Service Agreement

Violation of this section may result in immediate suspension or termination of services without liability to CanAurora.

All content on this website, including text, graphics, logos, software, and documentation, is the property of Canadian Aurora Cloud Inc. or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use this website for your own business purposes. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

Custom software, code, and deliverables developed specifically for you under a Service Agreement are governed by the intellectual property provisions of that agreement. Absent specific agreement, CanAurora retains ownership of all pre-existing tools, frameworks, libraries, and methodologies used in delivering services.

Each party agrees to keep confidential any non-public information disclosed by the other party that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.

This obligation does not apply to information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was already known by the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) must be disclosed by applicable law or court order (with prompt prior notice to the disclosing party where legally permissible).

Confidentiality obligations survive termination of these Terms or any Service Agreement for a period of three (3) years.

Fees for services are set out in the applicable Service Agreement. Unless otherwise agreed in writing:

• Invoices are due within thirty (30) days of the invoice date
• All fees are in Canadian dollars (CAD) and exclude applicable taxes (GST/HST)
• Late payments are subject to interest at 1.5% per month (18% per annum)
• We reserve the right to suspend services for accounts more than 30 days past due
• All fees paid are non-refundable unless otherwise specified in the Service Agreement
• Disputed invoices must be raised in writing within 15 days of receipt

Our website is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Service-level commitments (uptime guarantees, response times) are set out exclusively in the applicable Service Agreement. Nothing in these Terms constitutes a warranty regarding service availability for the website itself.

We do not warrant that the website will be error-free, uninterrupted, free of viruses, or that defects will be corrected. We reserve the right to modify, suspend, or discontinue any part of the website at any time without notice.

To the maximum extent permitted by applicable law, Canadian Aurora Cloud Inc. and its officers, directors, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with these Terms, your use of the website, or our services.

Our total cumulative liability to you for any claim arising from these Terms or the use of our website (not covered by a separate Service Agreement) will not exceed five hundred Canadian dollars (CAD $500).

For liability arising from a specific service engagement, the limitations set out in the applicable Service Agreement govern. These Terms do not limit liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under applicable Canadian law.

You agree to indemnify, defend, and hold harmless Canadian Aurora Cloud Inc. and its officers, directors, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your infringement of any third-party intellectual property or privacy rights
• Any content or data you provide to us in connection with our services

These Terms are effective from the date you first access our website or engage our services and remain in effect until terminated.

Either party may terminate these Terms at any time by ceasing use of the website. Termination of a specific service engagement is governed by the applicable Service Agreement.

Provisions that by their nature should survive termination will survive, including Sections 5 (Intellectual Property), 6 (Confidentiality), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), and 12 (Dispute Resolution).

The parties agree to attempt to resolve any dispute arising from these Terms in good faith through informal negotiation for at least thirty (30) days before initiating formal proceedings.

If informal resolution fails, disputes will be submitted to binding arbitration administered by the British Columbia International Commercial Arbitration Centre (BCICAC) under its commercial arbitration rules. Arbitration will take place in Trail, British Columbia, or by videoconference. The arbitrator's decision will be final and binding.

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in the courts of British Columbia to prevent irreparable harm.

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Subject to Section 12, you consent to the exclusive jurisdiction of the courts located in British Columbia, Canada for any dispute not subject to arbitration.

• Entire Agreement: These Terms, together with the Privacy Policy and any signed Service Agreement, constitute the entire agreement between you and CanAurora regarding the subject matter herein.
• Amendments: We may update these Terms at any time. The updated version will be effective upon posting. Continued use of our website constitutes acceptance. Material changes will be communicated by email or website notice.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Neither party is liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, governmental actions, internet outages, or pandemic.
• Notices: Formal notices to CanAurora must be sent to info@canaurora.com or by registered mail to Trail, British Columbia, Canada.
• Language: These Terms are written in English. In the event of conflict between an English version and any translation, the English version prevails.

For questions about these Terms, please contact: