1. Acceptance of Terms
By retaining Hopko Technology Services Inc. (“Provider”, “we”, “us”) for IT services, you (“Client”) agree to be bound by these Terms of Service. These terms apply to all Managed IT services, cybersecurity services, VoIP services, consulting, projects, and hardware procurement performed by the Provider.
These Terms of Service work together with any Proposal, Quote, Service Agreement, or Statement of Work issued to the Client. If there is a conflict, the Service Agreement or Statement of Work will take priority.
2. Services Provided
The Provider agrees to perform the services expressly outlined in your Service Agreement, Managed Services plan, Quote, or Project Scope. Services may include, but are not limited to:
- Remote and onsite support
- Help desk services
- Network and infrastructure monitoring
- Cybersecurity management and threat response
- Backup and disaster recovery
- VoIP or communication platform management
- Hardware and software procurement and deployment
The Provider is not responsible for services not explicitly included in the signed agreement.
3. Client Responsibilities
To ensure effective delivery of services, the Client agrees to:
- Provide reasonable access to premises, systems, and equipment as necessary.
- Maintain valid software licenses for all applications not provided by the Provider.
- Ensure all equipment meets minimum system requirements for support.
- Designate a primary point of contact for approvals and IT-related decisions.
- Report issues promptly through the Provider’s designated support channels.
- Maintain a stable and supported environment—unsupported, legacy, or end-of-life systems may incur additional fees or be excluded from any service level commitments.
The Client is responsible for ensuring that no employee or third party interferes with systems or configurations under Provider management.
4. Fees and Payment
- Managed Services: Invoiced monthly in advance. Payment is due upon receipt unless otherwise stated in your Service Agreement.
- Projects & Hardware: Hardware or third-party licensing may require payment in full or a deposit before ordering. The remaining balance is due upon project completion.
- Late Payments: Failure to pay invoices within the specified timeline may result in suspension of services, delays in support, or additional fees.
The Provider is not responsible for downtime, security issues, or service disruptions resulting from unpaid invoices or suspended services.
5. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary, technical, and business information exchanged during the course of the engagement, including but not limited to:
- Network diagrams
- Passwords and credentials
- Security configurations
- Business workflows
- Internal communications
Information will not be shared with third parties except:
- As required to deliver contracted services,
- When legally required by court order or regulatory authority, or
- When authorized by the Client in writing.
The Provider maintains internal controls to safeguard confidential information.
6. Limitation of Liability
While the Provider implements best practices and industry-standard safeguards, no IT environment can be guaranteed free from failures, vulnerabilities, or cyberattacks.
To the fullest extent permitted by law:
- The Provider shall not be liable for indirect, incidental, punitive, special, or consequential damages.
- This includes, without limitation, loss of data, revenue, profits, use of systems, or business interruption, arising out of or in connection with the use or inability to use the services.
- The Client acknowledges that cybersecurity services reduce risk but do not eliminate it.
Maximum Liability: The Provider’s total aggregate liability for any claim shall not exceed the total amount paid by the Client for services in the three (3) months immediately preceding the claim.
7. Cyber Insurance
The Provider’s services are designed to mitigate risk—not insure against it. The Client is strongly advised to maintain adequate Cyber Liability Insurance to cover:
- Ransomware response
- Data breach expenses
- Forensic investigations
- Regulatory fines
- Business interruption losses
The Provider is not responsible for uninsured losses.
8. Termination
Either party may terminate the Service Agreement with thirty (30) days’ written notice, unless the Client has agreed to a fixed-term contract (for example, a 12-month or 36-month term).
Upon termination:
- All outstanding invoices must be fully paid.
- The Provider will return all Client credentials, documentation, and data in its possession, subject to payment of any outstanding amounts.
- Offboarding assistance may be billed at the Provider’s standard hourly rate unless otherwise stated in the agreement.
The Provider may immediately terminate services if illegal activity, abuse, repeated non-payment, or significant security risks are identified.
9. Governing Law
These Terms of Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes will be resolved in the courts of Ontario.
10. Amendments
The Provider may update these Terms of Service from time to time. The most recent version will always be available on our website. Continued use of our services constitutes acceptance of the updated Terms.