Terms & Conditions
for Nexsate Technologies Inc.
Acceptance of These Terms
These Website Terms and Conditions (the “Terms”) form an agreement between you and Nexsate Technologies Inc. (“Nexsate”, “we”, “us” or “our”) concerning your access to and use of the Website. By accessing, browsing or using the Website, you agree to these Terms. If you do not agree, do not use the Website.
If you use the Website on behalf of a business, organization or other entity, you represent that you have authority to act for that entity and to bind it to these Terms to the extent applicable.
The Website is intended for business and general informational use and is not directed to children. A person who is not legally capable of agreeing to these Terms should use the Website only with the authorization and supervision of a parent, legal guardian or other person authorized to act on their behalf.
About Nexsate and the Website
Nexsate is a technology services company based in Canada. The Website may provide information about managed IT services, Microsoft 365 and cloud services, cybersecurity, backup and business continuity, network and infrastructure services, software development and implementation, systems integration and ERP services, fibre installation and maintenance, consulting, careers and related technology offerings.
The Website includes the website on which these Terms are posted and any Nexsate-controlled public webpages, subdomains, forms, appointment-booking interfaces and other publicly accessible online features, unless a separate set of terms expressly applies.
Website Information Only; No Client Relationship
Website content is provided for general information and business-evaluation purposes. Accessing the Website, submitting a form, booking a meeting, downloading material, requesting information or communicating through a public Website feature does not by itself create a client, advisory, fiduciary, support, reseller, partnership or other professional relationship with Nexsate.
A service relationship with Nexsate is created only through an agreement, statement of work, order form, service schedule or other written instrument accepted by Nexsate and the applicable customer. If a signed or otherwise valid service agreement conflicts with these Terms, the service agreement governs the services covered by that agreement.
Information about cybersecurity, cloud, infrastructure, privacy, compliance, software, licensing or other technical topics is general information only and is not a substitute for an assessment of your particular environment or for legal, accounting, insurance or other regulated professional advice.
Service Descriptions, Quotes, Proposals and Appointments
Descriptions of services, capabilities, technologies, service levels, timelines, outcomes, certifications, partner relationships or other offerings on the Website are general descriptions and may change. Availability may depend on customer requirements, geography, third-party availability, licensing, technical feasibility, security requirements and a mutually accepted scope of work.
Unless expressly stated otherwise in a binding written agreement, Website content is not an offer capable of acceptance, a quote, a guarantee of availability, a warranty of outcome or a commitment to provide any particular service, price, response time or implementation date.
Booking a consultation or other appointment through the Website is a request for a meeting only. Nexsate may confirm, reschedule or decline a booking. No engagement or service commitment arises until the applicable commercial terms are agreed in writing.
Client Support and Time-Sensitive Matters
Public Website forms, general email addresses and appointment-booking tools are not intended to serve as emergency, security-incident or contracted technical-support channels and may not be monitored continuously. Existing clients must use the support, incident-reporting and escalation channels specified in their service agreement or onboarding documentation for outages, cybersecurity incidents or other time-sensitive support matters.
Do not use a public Website form to submit passwords, authentication codes, private keys, recovery codes, highly sensitive customer information or other secrets unless Nexsate expressly instructs you to use a designated secure method.
Permitted Use
Subject to these Terms, Nexsate grants you a limited, revocable, non-exclusive, non-transferable permission to access and use the Website and its publicly available content for lawful personal or internal business purposes, including evaluating Nexsate and its services.
You are responsible for ensuring that your use of the Website complies with applicable laws and does not infringe the rights of Nexsate or any third party.
Prohibited Use and Security
You must not use the Website in a manner that could damage, disable, overburden, impair or compromise the Website, Nexsate systems, other users or third parties. Without limiting the foregoing, you must not:
- attempt to gain unauthorized access to any account, system, network, administrative interface, source code, data or non-public area;
- conduct vulnerability scanning, penetration testing, password attacks, exploitation, security research or similar testing against the Website or related infrastructure without Nexsate’s prior written authorization;
- introduce malware, malicious code, harmful files, automated abuse, denial-of-service activity, phishing or fraudulent content;
- circumvent authentication, access controls, rate limits, technical restrictions, robots directives or other security measures;
- impersonate another person or organization, misrepresent your affiliation or use false identifiers for fraudulent or deceptive purposes;
- scrape, harvest, extract, index or reproduce Website content or visitor information through automated means for commercial redistribution, competitive intelligence, bulk collection, model training or similar purposes without Nexsate’s prior written permission, except for ordinary search-engine indexing that respects applicable technical directives;
- frame, mirror or reproduce the Website in a way that suggests affiliation, endorsement or ownership by another party; or
- use the Website for unlawful, infringing, defamatory, abusive or fraudulent activity.
Nexsate may block or restrict access, investigate suspected misuse and preserve or disclose relevant information where reasonably necessary to protect the Website, users, clients or third parties, or to comply with law.
Intellectual Property
The Website and its content, including text, graphics, layouts, designs, photographs, video, audio, software, code, documentation, downloads, icons, logos and other materials, are owned by or licensed to Nexsate and may be protected by copyright, trademark and other intellectual-property laws.
Except for the limited permission expressly granted in these Terms, no right, title or interest in the Website or its content is transferred to you. You may not copy, modify, reproduce, republish, distribute, sell, license, create derivative works from, publicly display or commercially exploit Website content without prior written permission from Nexsate or the applicable rights holder, except to the extent permitted by law.
“Nexsate”, Nexsate branding, logos, service names and related marks are the property of Nexsate or its licensors. Third-party names, logos and trademarks appearing on the Website belong to their respective owners. Reference to a third party does not imply sponsorship, endorsement or affiliation beyond the relationship accurately described on the Website.
Linking to the Website
You may link to a publicly available page of the Website provided the link is lawful, fair and does not misrepresent your relationship with Nexsate, imply an endorsement that does not exist, obscure the source of the content, or damage the reputation or goodwill of Nexsate. Nexsate may request removal of a link that does not comply with these requirements.
Third-Party Websites, Platforms and Services
The Website may contain links to, integrations with or content from third-party websites, platforms and services, including scheduling, social media, cloud, mapping, analytics, payment, recruitment or partner services. Third parties are independent from Nexsate unless expressly stated otherwise.
Nexsate does not control third-party sites or services and is not responsible for their availability, security, content, terms, privacy practices or actions. Your use of a third-party service may be subject to separate terms and privacy notices imposed by that provider.
Contact Forms, Submissions, Feedback and Recruitment
When you submit information through a Website form, you represent that the information is accurate to the best of your knowledge, that you are authorized to provide it, and that your submission does not infringe the rights of another person.
Unless a Website feature expressly states that it is intended for confidential submissions, do not submit trade secrets, passwords, private keys, regulated data or other highly confidential information through a public Website form. Information submitted for a legitimate business inquiry will be handled in accordance with applicable law, Nexsate’s Privacy Policy and any separate confidentiality obligations that apply.
If you voluntarily provide general feedback, suggestions or ideas about the Website or Nexsate services, you grant Nexsate a non-exclusive, worldwide, royalty-free right to use that feedback for business and service-improvement purposes without compensation to you. This paragraph does not apply to customer confidential information submitted through an authorized client channel.
Job postings and recruitment content are informational and may be changed or withdrawn at any time. Submission of an application does not guarantee an interview, employment, engagement or any particular hiring outcome. Applicant information is handled in accordance with applicable privacy requirements and Nexsate’s privacy practices.
Privacy, Cookies and Electronic Communications
Nexsate’s collection, use, disclosure, retention and protection of personal information through the Website are governed by its Privacy Policy and applicable privacy law. The Website may also use cookies or similar technologies as described in the applicable Cookie Notice or Privacy Policy.
Submitting a contact form, requesting an appointment or otherwise contacting Nexsate does not, by itself, constitute unlimited consent to receive commercial electronic messages. Marketing communications will be sent only where permitted by applicable law, and applicable unsubscribe mechanisms will be provided where required.
When you initiate a request, booking, application or other inquiry through the Website, you consent to receiving electronic communications reasonably necessary to respond to, administer or complete that request. Such transactional or service-related communications are distinct from marketing communications and do not constitute consent to unrelated commercial electronic messages.
Accuracy, Availability and Website Changes
Nexsate seeks to keep Website content useful and current but does not guarantee that all content is complete, accurate, current or free of errors. Technical information, service descriptions, third-party product information, partner references, availability and other content may change without notice.
Nexsate may modify, suspend, restrict or discontinue any part of the Website at any time. The Website may be unavailable due to maintenance, security events, telecommunications failures, third-party outages or other circumstances.
Website Security
Nexsate applies security measures appropriate to the Website, but no Internet service can be guaranteed to be completely secure, continuously available or free from harmful components. You are responsible for using appropriate device, browser, network and endpoint protections when accessing the Website and for maintaining the security of any credentials under your control.
Nothing on the Website is a representation that any particular cybersecurity control, product or service eliminates all risk. Cybersecurity outcomes depend on the customer environment, configuration, users, threats, dependencies and other factors.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Website and its content are provided on an “as is” and “as available” basis. Nexsate disclaims warranties and representations concerning the Website, whether express, implied, statutory or otherwise, including warranties of accuracy, completeness, merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability and freedom from errors or harmful components.
Some laws do not permit the exclusion of certain warranties or conditions. Nothing in these Terms excludes or limits a warranty, condition, right or remedy that cannot lawfully be excluded or limited.
Limitation of Liability
To the fullest extent permitted by applicable law, Nexsate and its directors, officers, employees, contractors, affiliates and representatives will not be liable for indirect, incidental, special, exemplary, punitive or consequential loss arising from or relating solely to access to, reliance on, use of or inability to use the Website, including loss of profits, revenue, business opportunity, goodwill, data or anticipated savings.
Nexsate is not responsible for loss arising from third-party websites or services, malicious activity by third parties, Internet or telecommunications failures, or decisions made solely in reliance on general Website content. These limitations do not apply to liability that cannot legally be excluded or limited.
To the fullest extent permitted by applicable law, Nexsate’s aggregate liability for direct damages arising solely from access to, reliance on, use of or inability to use the Website will not exceed CAD $100. This limitation does not apply to fraud, wilful misconduct or any liability that cannot lawfully be excluded or limited.
Indemnity for Misuse
To the extent permitted by applicable law, you agree to indemnify and hold harmless Nexsate and its directors, officers, employees and representatives from third-party claims, losses, liabilities, damages and reasonable costs arising from your unlawful or unauthorized use of the Website, your material breach of these Terms, or content you submit through the Website that infringes a third party’s rights. This provision does not require you to indemnify Nexsate for Nexsate’s own negligence, wilful misconduct or liability that cannot lawfully be shifted to you.
Suspension and Termination of Access
Nexsate may suspend, restrict or terminate access to all or part of the Website where reasonably necessary for security, maintenance, legal compliance, protection of rights, suspected misuse or operational reasons. Provisions that by their nature should survive termination, including intellectual-property, disclaimer, limitation-of-liability and governing-law provisions, will continue to apply.
Changes to These Terms
Nexsate may update these Terms from time to time. The current version will be posted on the Website with an updated “Last Updated” date. Changes apply prospectively from the date posted unless a later date is stated. Where a change materially affects users’ rights or obligations, Nexsate may provide additional notice where required by applicable law or where reasonably appropriate in the circumstances. Your continued use of the Website after revised Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.
Governing Law and Jurisdiction
Subject to any mandatory rights or laws that apply to you, these Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable in Alberta, without regard to conflict-of-laws rules. You and Nexsate submit to the courts of Alberta sitting in Edmonton for disputes arising solely from use of the Website, except where applicable law requires or permits another forum.
Nothing in these Terms waives, restricts or excludes any right, remedy or protection that cannot lawfully be waived, restricted or excluded, including applicable consumer-protection rights.
Users Outside Alberta and Canada
The Website is operated for Nexsate’s business activities in Canada. Nexsate does not represent that Website content or services are appropriate, available or lawful in every jurisdiction. If you access the Website from another jurisdiction, you are responsible for compliance with laws that apply to you.
Severability, Waiver and Assignment
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will continue in effect. A failure by Nexsate to enforce a provision is not a waiver of that provision or any other right.
You may not assign or transfer your rights under these Terms without Nexsate’s prior written consent. Nexsate may assign these Terms in connection with a reorganization, merger, sale of business or assets, or other lawful corporate transaction.
Entire Agreement and Priority of Other Agreements
These Terms, together with any notices expressly incorporated by reference into these Terms, constitute the agreement governing your use of the Website. Nexsate’s collection, use, disclosure, retention and protection of personal information are described separately in its Privacy Policy and applicable privacy notices. These Terms do not replace a separate agreement governing Nexsate services, software, licensing, employment, recruitment, supplier relationships or other transactions. If a separate written agreement governs the same subject matter and conflicts with these Terms, the separate agreement controls to the extent of the conflict.
Contact
Questions about these Terms may be directed to Nexsate Technologies Inc., Edmonton, Alberta, Canada, through the Contact Us page or other contact information published on the Website. Formal legal notices relating to a client, supplier or other contractual relationship must be delivered using the notice method specified in the applicable agreement. Where a legal notice relates solely to Website use and no separate agreement applies, it may be delivered using the legal or corporate contact information then published on the Website.