About the Company
1.1: These Terms of Service (“Agreement”) govern your use of www.goognu.ca (the “Website”) and your purchase of products or services from Goognu Data Services Pvt. Ltd., trading in Canada as Goognu, with its Canadian office at 19 Cranleigh Way SE, Calgary, Alberta T3M 1H3 (“Goognu”, “we”, “our” or “us”).
1.2: Goognu provides cloud consulting, managed cloud (AWS, Azure, Google Cloud), DevOps, cybersecurity, data and software development services to businesses in Canada and worldwide.
Products or Services
2.1: The scope, deliverables, timelines and fees for any engagement are set out in a proposal, statement of work or order (“Order”). If an Order conflicts with this Agreement, the Order prevails for that engagement.
2.2: Unless stated otherwise, prices are in Canadian dollars and exclusive of applicable taxes. GST/HST (and any provincial sales tax) will be added where applicable and shown on our invoice. Invoices are payable within the period stated on the invoice.
2.3: By submitting an enquiry you consent to us contacting you about it. We send commercial electronic messages in line with Canada’s Anti-Spam Legislation (CASL), and you may opt out of solicitations at any time by:
- clicking the unsubscribe link in any marketing email;
- emailing hello@goognu.ca with the subject “Unsubscribe”; or
- telling us during any call that you no longer wish to be contacted.
2.4: Third-party cloud platforms, licences and tools used in delivering our services (for example AWS, Microsoft or Google) are subject to those providers’ own terms and pricing.
2.5: Either party may cancel an Order as set out in that Order. Fees for work performed and costs committed before cancellation remain payable.
Website
3.1: Content on the Website is for general information only and does not constitute professional advice for your particular circumstances.
3.2: All content, trademarks and materials on the Website are owned by or licensed to Goognu. You may not copy, reproduce or distribute them without our written permission, except as permitted by the Copyright Act (Canada).
3.3: You must not use the Website unlawfully, attempt to gain unauthorised access to it, introduce malicious code, or interfere with its operation.
3.4: The Website may link to third-party websites. We are not responsible for their content or practices.
3.5: Our collection and handling of personal information is described in our Privacy Policy, which forms part of this Agreement.
Disclaimer of Warranties
Nothing in this Agreement excludes any warranty, condition or right that cannot lawfully be excluded under applicable Canadian federal or provincial law, including consumer protection legislation.
Subject to those rights, the Website and its content are provided “as is”, and we exclude all other warranties, express or implied, to the maximum extent permitted by law.
Limitation of Liability
To the maximum extent permitted by law, our liability for defective services is limited (at our option) to re-performing the services or refunding the fees paid for them.
To the maximum extent permitted by law, we are not liable for any indirect or consequential loss, loss of profit, revenue, data or goodwill, and our total liability under any Order is limited to the fees paid under that Order in the 12 months before the claim arose.
Indemnification
You indemnify Goognu against any loss, claim or cost (including reasonable legal costs) arising from your breach of this Agreement or your unlawful use of the Website or services, except to the extent caused by our own negligence or breach.
Agreement to Be Bound
By using the Website or engaging our services you agree to this Agreement. We may update these terms from time to time; the current version is always available on this page, and changes do not affect Orders already in progress unless agreed in writing.
General
If any provision of this Agreement is invalid or unenforceable, it will be read down or severed and the rest of the Agreement continues in effect. A failure to enforce any right is not a waiver of it. This Agreement and any Order form the entire agreement between us about their subject matter.
Termination
We may suspend or terminate your access to the Website if you breach this Agreement. Either party may terminate an Order on written notice if the other commits a material breach that is not remedied within 14 days of notice. Clauses that by their nature survive termination continue to apply.
Governing Law
10.1: This Agreement is governed by the laws of the Province of Alberta and the federal laws of Canada applicable there. Each party submits to the non-exclusive jurisdiction of the courts of Alberta, sitting in Calgary.
10.2: Before starting court proceedings (except for urgent relief), the parties will try in good faith to resolve any dispute by negotiation.