Terms of Service

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity, and Brg Power Construction Inc., a corporation organized under the laws of Canada with its registered office at 46 Camino Real Dr, Caledon, ON L7C 4L9, Canada. By accessing or using our website at btrequestrian.buzz, engaging our computer systems design and integration services, or otherwise interacting with Brg Power Construction Inc. in a business capacity, you agree to be bound by these terms in their entirety.

If you are entering into this agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these terms. In such cases, the terms you and your refer to that entity. If you do not have such authority, or if you do not agree with any provision of these terms, you must not accept these terms and must not use our website or services.

We reserve the right to modify these terms at any time at our sole discretion. When we make material changes, we will update the effective date at the top of this page and provide reasonable notice through our website. Your continued use of our website or services following the posting of revised terms constitutes your acceptance of the changes. We encourage you to review these terms periodically.

2. Description of Services

Brg Power Construction Inc. provides computer systems design and integration services, including but not limited to systems architecture consulting, infrastructure design and deployment, systems integration and interoperability engineering, security hardening and vulnerability assessment, managed infrastructure operations, and technology advisory services. The specific scope, deliverables, timeline, and fees for any engagement are defined in a separate Statement of Work or Service Agreement executed by both parties.

Our website is provided for informational purposes and as a channel for initiating contact with our team. Nothing on this website constitutes a binding offer to provide services. All service engagements are subject to a separate written agreement. We reserve the right to modify, suspend, or discontinue any aspect of our website or services at any time without prior notice, though we will make reasonable efforts to communicate material changes to active clients.

Brg Power Construction Inc. may engage qualified subcontractors to perform portions of the services, provided that we remain responsible for the quality and compliance of all work delivered under our agreements. Any subcontractor engagement does not relieve us of our obligations under these terms or any applicable service agreement.

3. Client Obligations

To enable us to deliver services effectively, clients are responsible for providing timely access to relevant systems, facilities, personnel, and information as reasonably requested. Clients must ensure that their representatives have the necessary authority to make decisions and provide approvals required for project progress. Delays in providing access, information, or approvals may affect project timelines and are not attributable to Brg Power Construction Inc.

Clients are responsible for maintaining appropriate backups of their data and systems prior to any integration, migration, or modification work performed by Brg Power Construction Inc., unless backup responsibilities are explicitly assumed by us in the governing service agreement. Clients must also ensure that any third-party software, hardware, or services introduced into the project environment are properly licensed and compatible with the proposed architecture.

When using our website, you agree not to engage in any activity that disrupts or interferes with the website's operation, attempts to gain unauthorized access to any portion of the website or its underlying systems, transmits malware or malicious code, violates any applicable law or regulation, or infringes upon the intellectual property or privacy rights of others.

4. Intellectual Property

All content on this website, including text, graphics, logos, icons, images, code, and the overall design and compilation, is the exclusive property of Brg Power Construction Inc. or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws. The Brg Power Construction name, the BP logo, and all related marks are trademarks of Brg Power Construction Inc. and may not be used without our prior written permission.

With respect to service engagements, intellectual property ownership of deliverables, including architecture designs, configuration files, custom scripts, documentation, and other work product, is governed by the terms of the individual service agreement. Unless otherwise specified in writing, Brg Power Construction Inc. retains ownership of all pre-existing tools, methodologies, frameworks, and knowledge used in performing the services, while the client retains ownership of its pre-existing systems, data, and confidential information.

If you believe that any content on our website infringes your intellectual property rights, please contact us promptly with a detailed description of the alleged infringement so that we may investigate and take appropriate action.

5. Confidentiality

During the course of our engagement, each party may disclose to the other certain confidential and proprietary information, including but not limited to business strategies, technical specifications, system architectures, security configurations, financial information, client lists, and trade secrets. Each party agrees to hold the other party's confidential information in strict confidence and to use it solely for the purpose of performing obligations under the applicable service agreement.

Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without restriction prior to disclosure, is independently developed by the receiving party without use of the disclosing party's confidential information, or is required to be disclosed by law, regulation, or court order, provided that the receiving party gives the disclosing party reasonable prior notice where legally permissible.

These confidentiality obligations survive the termination of any service agreement for a period of three years, or indefinitely with respect to trade secrets and information subject to data protection laws.

6. Payment Terms

Fees for our services are set forth in the applicable Statement of Work or Service Agreement. Unless otherwise specified, invoices are payable within thirty calendar days of the invoice date. Late payments may accrue interest at the rate of one and one-half percent per month, or the maximum rate permitted by applicable law, whichever is lower. We reserve the right to suspend services if payment is not received within the agreed timeframe after providing reasonable written notice.

All fees are stated in Canadian dollars unless otherwise agreed in writing. Clients are responsible for all applicable federal, provincial, and local taxes, including HST, unless the client provides a valid tax exemption certificate. Reimbursable expenses, if any, are billed at cost and require prior written approval from the client unless otherwise specified in the service agreement.

If a client disputes any portion of an invoice in good faith, the client must notify us in writing within fifteen calendar days of the invoice date, specifying the nature and amount of the dispute. The undisputed portion of the invoice remains due and payable in accordance with the standard payment terms while the parties work to resolve the dispute in good faith.

7. Warranties and Disclaimers

Brg Power Construction Inc. warrants that services will be performed in a professional and workmanlike manner consistent with industry standards applicable to computer systems design and integration. We warrant that our personnel possess the necessary skills, qualifications, and experience to perform the services for which they are assigned. Any deliverables provided under a service agreement will substantially conform to the specifications set forth in that agreement for a warranty period of ninety days following delivery.

Except as expressly stated above, our website and all services, deliverables, and content are provided on an as-is and as-available basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that our website will be error-free, uninterrupted, or free of harmful components, or that any defects will be corrected.

We make no representations or warranties regarding the suitability, reliability, availability, timeliness, or accuracy of the information, services, or related graphics contained on our website for any purpose. Any reliance you place on such information is strictly at your own risk.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Brg Power Construction Inc., its officers, directors, employees, agents, and subcontractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, business interruption, or procurement of substitute services, arising out of or in connection with these terms, our website, or the provision of our services, regardless of the theory of liability, whether in contract, tort including negligence, strict liability, or otherwise, even if advised of the possibility of such damages.

Our aggregate liability for all claims arising out of or relating to these terms, our website, or any service engagement shall not exceed the total amount of fees actually paid by the client to Brg Power Construction Inc. during the twelve months immediately preceding the event giving rise to the claim. In the case of website-related claims with no corresponding service engagement, our aggregate liability shall not exceed one hundred Canadian dollars.

The limitations and exclusions in this section apply to the fullest extent permitted by law and shall survive any termination or expiration of these terms or any service agreement. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Brg Power Construction Inc., its officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or relating to your use of our website in violation of these terms, your breach of any representation, warranty, or obligation under these terms or any service agreement, your violation of applicable law or the rights of any third party, or any negligent or willful act or omission by you or your personnel in connection with our services.

We will provide you with prompt written notice of any claim subject to indemnification, though any delay in notification shall not relieve you of your obligations except to the extent that you are materially prejudiced by the delay. You shall not settle any claim that imposes any obligation or liability on Brg Power Construction Inc. without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

10. Termination

These terms remain in effect until terminated by either party. With respect to website usage, you may terminate these terms at any time by ceasing all use of our website. We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including if you breach these terms.

Termination of any service agreement is governed by the terms of that agreement. In the absence of specific termination provisions, either party may terminate a service agreement upon thirty calendar days written notice. In the event of a material breach that remains uncured for fifteen calendar days after written notice, the non-breaching party may terminate the agreement immediately. Upon termination, the client shall pay for all services rendered and expenses incurred through the effective date of termination.

Provisions of these terms that by their nature should survive termination shall so survive, including but not limited to provisions concerning intellectual property, confidentiality, payment obligations, disclaimers, limitation of liability, indemnification, and dispute resolution.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these terms or any service engagement, the parties agree to first attempt to resolve the matter through informal negotiation. The party raising the dispute shall provide a written notice describing the nature of the dispute and the desired resolution. Both parties shall designate a representative with authority to settle the dispute, and those representatives shall meet or confer within fifteen calendar days of the notice to attempt resolution in good faith.

If the dispute is not resolved through negotiation within thirty calendar days, the parties agree to submit the dispute to mediation administered by the ADR Institute of Canada. The mediation shall be conducted in Toronto, Ontario, unless the parties agree otherwise in writing. Each party shall bear its own costs of mediation, and the parties shall share equally the fees and expenses of the mediator.

If mediation does not resolve the dispute within sixty calendar days of its commencement, either party may pursue any remedies available at law or in equity. All legal proceedings shall be brought exclusively in the courts of the Province of Ontario, and each party irrevocably submits to the personal jurisdiction of those courts. These terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.

12. General Provisions

Entire Agreement. These terms, together with any applicable service agreement, statement of work, and privacy policy, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior or contemporaneous understandings, representations, and agreements, whether written or oral.

Severability. If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to achieve as nearly as possible the original intent, or severed if modification is not possible, and the remaining provisions shall remain in full force and effect.

Waiver. No failure or delay by either party in exercising any right, power, or privilege under these terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise. Any waiver must be in writing and signed by the waiving party.

Force Majeure. Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government orders, pandemics, labor disputes, utility failures, cyberattacks, or internet service disruptions, provided that the affected party gives prompt notice and makes reasonable efforts to mitigate the impact.

Assignment. You may not assign or transfer any of your rights or obligations under these terms without our prior written consent. We may assign these terms, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets, without your consent.

Notices. Any notice required or permitted under these terms shall be in writing and delivered by email, personal delivery, or registered mail to the addresses set forth in these terms or as updated by a party through written notice.

13. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us through any of the following channels. We will respond as promptly as possible.