Terms of Service

Agreement to these terms

These Terms of Service form a binding agreement between you, whether as an individual or on behalf of an organisation, and Vvs Infotech Inc. If you are agreeing on behalf of a company, you confirm that you have authority to bind that company to these terms.

If you do not agree with any part of these terms, please do not use the website and do not engage our services. Where a signed proposal, statement of work or master services agreement exists between you and Vvs Infotech Inc., that document prevails over these terms to the extent of any conflict.

Definitions

In these terms, the following words have the meanings given below.

• Company means Vvs Infotech Inc., including its employees, agents and authorised subcontractors.
• Client means the person or organisation that engages the Company for services, and includes any representative acting with authority.
• Services means the network infrastructure work described in a proposal, including patch panel termination, rack stack assembly, cable well management, labeling audits, office rewire runs and move-in cutover support, together with related advisory and documentation work.
• Deliverables means the physical work and the records produced for it, including port schedules, as-built drawings and photographs.
• Site means the building or premises where the Services are performed.
• Proposal means the written quotation or scope document issued by the Company for a project.

Scope of services

The Company provides professional services related to the physical layer of computer networks. The scope of any engagement is limited to what is described in the applicable Proposal. Anything not described in the Proposal is outside the scope and may be quoted separately.

We may provide general guidance about network design, but unless a Proposal expressly states otherwise we are not responsible for the configuration of active equipment such as switches, firewalls or servers, for software, for cloud services or for the performance of a network after handover. Our responsibility relates to the infrastructure we install and to the records we produce.

The Services are performed by trained technicians following recognised industry practice for structured cabling. Where a client requires a specific standard, manufacturer system warranty or certification regime, that requirement must be stated in the Proposal so that we can plan for the testing and documentation it needs.

Quotes and proposals

A Proposal is based on the information available at the time it is issued, which typically comes from a survey, a floor plan and a port count supplied by the Client. If the site differs materially from the information provided, the Company may revise the Proposal before work begins.

Unless a Proposal states otherwise, quotations remain valid for thirty days from the date of issue. Prices are exclusive of applicable taxes, which will be added where required by law. A Proposal becomes a contract when the Client accepts it in writing and, where requested, pays any mobilisation or deposit amount set out in it.

Estimates of duration are given in good faith. They are not guarantees unless the Proposal says so expressly, because building access, hidden conditions and coordination with other trades can change the shape of a day.

Scheduling and access

The Company and the Client will agree a schedule before work begins. The Client is responsible for arranging access to the Site, including building security clearance, loading bay booking, lift reservations and any work permits required by the building or by a landlord.

If access is delayed or denied on an agreed work day, the Company may need to reschedule and may charge for the time lost where a crew has already mobilised. We will always try to recover the day before we bill for it, and we will tell the Client as soon as an access problem becomes apparent.

Where work must happen outside normal hours to avoid disturbing occupants, the schedule will record those hours and any associated premium rates.

Client obligations

To allow the Services to be delivered safely and correctly, the Client agrees to the following.

• Provide accurate information about the Site, including the location of services, the presence of asbestos or other hazardous materials, and any known restrictions on drilling, lifting or cabling.
• Provide reasonable access to power, lighting and a secure area for materials during the work.
• Ensure that the area around the work is safe and that occupants are informed of any activity that may affect them.
• Nominate a representative who can make decisions about access, sequencing and acceptance on behalf of the Client.
• Obtain any consents required from a landlord, building manager or other party before work that affects the building fabric begins.
• Remove or secure personal property and sensitive equipment from the immediate work area.

If the Client does not meet these obligations, the Company may suspend work, and any resulting delay or cost will be the responsibility of the Client.

Changes to the work

Changes are normal on a wiring project, because a room often reveals something that the drawings did not show. A change may involve a new path, an additional port count, a different rack layout or a shift in the schedule. Any change should be agreed in writing before it is carried out.

Where a change affects cost or duration, the Company will issue a written variation describing the effect. If the Client authorises the variation, the new amount or date becomes part of the contract. If the variation is not authorised, the Company may decline to carry it out without affecting its obligation to complete the original scope.

Fees and payment

Fees are set out in the Proposal and may be based on a fixed scope, a time and materials basis, or a combination of both. Where work is charged on a time and materials basis, the Company will keep records of hours and materials and will make them available on request.

Unless the Proposal states otherwise, invoices are payable within thirty days of the invoice date. The Company may require a deposit before mobilisation, and may require progress payments on longer projects. Overdue amounts may attract interest at the rate stated in the Proposal or, where no rate is stated, at a reasonable rate permitted by law.

If an invoice is disputed, the Client should notify the Company in writing within ten business days, identifying the item in dispute. Undisputed amounts remain payable on time while the dispute is reviewed.

The Company may suspend work on any project where undisputed invoices remain unpaid after a reminder and a reasonable opportunity to pay.

Materials, equipment and expenses

Materials may be supplied by the Company or by the Client. Where the Company supplies materials, they are selected to meet the specification in the Proposal. Title to materials passes to the Client on payment in full, while risk passes on delivery to the Site.

Where the Client supplies materials, the Client is responsible for their suitability, quantity and delivery timing. The Company may inspect client supplied materials and may decline to install any item that is unsuitable or unsafe.

Reasonable expenses such as parking, travel outside the downtown core, equipment hire and disposal are recoverable where they are set out in the Proposal or agreed in advance.

Completion and acceptance

Work is complete when the scope in the Proposal has been carried out and the Deliverables have been handed over. Acceptance occurs when the Client signs the handover, or when the Client uses the installed infrastructure for its intended purpose, or when the Client does not raise a written objection within ten business days of a completion notice, whichever happens first.

The Company will correct any defect in its own work identified during a reasonable inspection period after acceptance. Correction of defects is the primary remedy for incomplete or defective work, and the Company will act on a reported defect promptly.

Small items recorded on a handover punch list do not prevent acceptance, provided that the Company commits to completing them within an agreed period.

Warranty on workmanship

The Company warrants that its workmanship will be free from material defect for a period of twelve months from acceptance, unless a different period is stated in the Proposal. If a defect in workmanship appears within that period, the Company will correct it at no charge, provided that the defect was not caused by misuse, alteration by others, environmental damage or normal wear.

Manufacturer warranties on materials or equipment are passed through to the Client to the extent the Company is able to do so. The Company does not extend or alter a manufacturer warranty and is not responsible for a manufacturer decision on a claim.

The warranty does not cover any part of a network that the Client or a third party has modified, relocated or re-terminated after handover, and it does not cover performance problems caused by active equipment, configuration or software.

Telecommunications and standards

Where the Services involve telecommunications cabling, the Company follows recognised industry standards for structured cabling and applicable electrical safety requirements. The Client is responsible for ensuring that any work that legally requires a licensed electrician or a licensed telecommunications contractor is performed by an appropriately licensed party. Where the Company is not licensed for a specific task, it will say so and coordinate with a licensed partner.

In Canada, compliance with relevant codes and standards is a shared responsibility. The Company will provide test results and documentation for the cabling it installs so that the Client can demonstrate compliance if asked by an authority or a landlord.

Where a standard requires a specific test regime, such as permanent link or channel testing, the regime will be stated in the Proposal and the results will form part of the Deliverables.

Site safety and conduct

The Company takes site safety seriously. Our technicians follow the safety rules of the Site, wear the required protective equipment, and stop work where a condition is unsafe. The Client is responsible for telling us about known hazards before work begins, including asbestos, live electrical services, restricted areas and any building rule that affects how we may work.

Our technicians act professionally and respectfully toward building staff and occupants. The Client agrees to treat our technicians with the same courtesy. Where a person on Site behaves abusively or creates a safety risk, the Company may withdraw the crew and reschedule.

The Company carries appropriate insurance for its work, and can provide a certificate where a building requires one before access is granted.

Third parties and subcontractors

The Company may use subcontractors for parts of the work, such as electrical connections, lift installation or fire stopping. Subcontractors are selected for competence and are required to work to the same standard that the Company applies to its own crews.

Where the Client engages other trades on the same Site, the Client is responsible for coordinating them. The Company will cooperate reasonably but is not responsible for delays or damage caused by another party that the Company has not engaged.

References to a manufacturer, a certification body or a partner are provided for information and do not create any obligation on that party toward the Client.

Intellectual property

The Company retains ownership of its methods, templates, checklists, drawings standards and other know how used to deliver the Services. On full payment, the Client receives a licence to use the Deliverables for the operation, maintenance and modification of its own network.

The Client may share the port schedule and as-built drawings with its contractors, auditors and building management, because that is the purpose of the record. The Client may not resell the Company templates or present them as its own product.

All content on this website, including text, layout and styling, is owned by the Company and may not be copied for commercial use without written permission.

Acceptable use of this website

You may use this website to learn about our services and to contact us. You must not attempt to interfere with the operation of the site, probe it for vulnerabilities without our written consent, submit malicious content through the contact form, or use automated tools to harvest addresses from it.

The site is provided for information. Descriptions of services are general and are not a substitute for a written Proposal. Prices or timelines mentioned anywhere on the site are indicative only and do not bind the Company until confirmed in a Proposal.

We may change, suspend or withdraw any part of the site at any time. We do not guarantee that the site will be free from interruption, although we take reasonable steps to keep it available and secure.

Confidentiality

Each party may receive information from the other that is not public. The Company treats client information, including floor plans, security arrangements and network details, as confidential. The Client agrees to treat the Company proposals and methods as confidential.

Confidential information may be used only for the purpose of the engagement. It may be disclosed to employees and subcontractors who need it to do the work, provided they are bound by confidentiality, and to professional advisers where required.

Confidentiality does not apply to information that is already public, that was known before the engagement, that is received lawfully from another source, or that must be disclosed by law. The obligation survives the end of the engagement for a reasonable period.

Limitation of liability

Except where the law does not allow limitation, the total liability of the Company arising from or in connection with an engagement, whether in contract, tort or otherwise, is limited to the fees paid by the Client for the specific work giving rise to the claim.

The Company is not liable for indirect or consequential loss, including loss of profit, loss of data, loss of business or loss of opportunity, even if the possibility of such loss was known.

Nothing in these terms excludes liability for fraud, for wilful misconduct, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded.

The Client is responsible for maintaining backups and for any decision to operate a network that the Company has warned is outside standard practice. Where the Company recommends a correction and the Client declines it, the Client accepts the associated risk.

Indemnity

The Client agrees to indemnify the Company against claims, losses and costs arising from inaccurate information supplied by the Client, from a failure to obtain a required consent, from hazardous conditions on the Site that were not disclosed, or from the Client using the Deliverables in a way that breaches a third party right.

The Company agrees to indemnify the Client against claims that the Company workmanship infringes a third party intellectual property right, provided that the Client notifies the Company promptly and allows the Company to direct the response.

Termination and suspension

Either party may terminate an engagement by written notice if the other party commits a material breach that is not corrected within fifteen business days of a written request to correct it. The Client may terminate for convenience on written notice, in which case the Client pays for work performed, materials ordered and any unavoidable commitments made on the Client behalf.

The Company may suspend work where an undisputed invoice remains unpaid, where a Site condition is unsafe, or where the Client prevents the work from proceeding. Suspension does not relieve the Client of the obligation to pay for work already completed.

On termination, the Company will hand over the Deliverables produced to that date, subject to payment of outstanding amounts, and both parties will return or destroy confidential information on request.

Force majeure

Neither party is liable for a delay or failure caused by an event beyond reasonable control, including a natural disaster, an epidemic, a building closure ordered by an authority, a widespread power failure, a strike or a labour dispute affecting a supplier.

Where such an event occurs, the affected party will notify the other promptly and the schedule will be adjusted by a reasonable period. If the event continues for more than sixty days, either party may terminate the affected portion of the engagement without penalty, and the Client pays for work already performed.

Governing law and disputes

These terms and any engagement between the parties are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province. The courts of Ontario have exclusive jurisdiction over any dispute, unless the parties agree in writing to another forum.

Before starting proceedings, the parties will attempt in good faith to resolve the dispute through discussion between nominated representatives. If discussion does not resolve the matter within thirty days, either party may refer the dispute to mediation or to the courts.

Nothing in this section prevents a party from seeking urgent relief from a court to protect its property or confidential information.

General provisions

These terms are the entire agreement between the parties on their subject, apart from any Proposal or signed agreement that supplements them. If any provision is found to be unenforceable, the remaining provisions continue in effect.

A failure to enforce a right is not a waiver of that right. Neither party may assign an engagement without the written consent of the other, except to an affiliate or a successor in a reorganisation.

Notices must be in writing and sent to the addresses given in the Proposal or to the contact details on this site. Notices are effective when delivered in person, when received by email at the confirmed address, or three business days after posting by recorded mail.

Clauses concerning confidentiality, intellectual property, liability, indemnity and governing law survive the end of an engagement.

Contact information

Questions about these terms, a Proposal or an engagement can be sent to the following address. We aim to reply within two business days.

To understand how we handle personal information, please read our Privacy Policy. For a description of the work we deliver, visit the services page or return to the homepage.