Terms and conditions

1. Service agreements and general terms

Any managed services (MSP) agreement, proposal or signed contract prevails over these general terms in case of discrepancy. The general terms apply in the absence of a formal agreement, or as a supplement for whatever the agreement does not cover.

2. Pricing and payment

Prices are in Canadian dollars (CAD), plus applicable taxes. Full payment confirms the service; ProsperIT reserves the right to decline a request at its discretion.

Terms vary by type of service:

• Managed services (MSP): billed monthly on a recurring basis, in advance for the service period.
• Hourly and one-off services: billed monthly according to the time spent.
• Projects and mandates: 50% upon acceptance and 50% upon completion (no later than three months after the start).
• Hardware, licences and third-party subscriptions (Microsoft, UniFi, etc.): re-billed to the client; the supplier’s terms apply.

Late payment: interest of 1.531% per month (20% per year) applies to any balance unpaid after 30 days. Accepted payment methods: cheque, bank transfer, credit card.

3. Termination

The MSP agreement may be terminated by either party with 10 business days’ written notice.

• The client remains responsible for services rendered and pre-approved expenses (hardware, licences, subscriptions) up to the effective termination date.
• Hardware, licences and third-party subscriptions already committed are non-refundable.

At the end of the service, ProsperIT cooperates in good faith with the transition and the handover of the client’s access and data.

4. Responsibilities and limitations

• ProsperIT is bound by an obligation of means, not of result.
• ProsperIT applies recognized practices in security, backup and availability, but cannot guarantee the complete absence of interruption, data loss or security incident.
• Except in the case of gross or intentional fault, ProsperIT’s liability is limited to the amount of the fees paid for the service concerned, and excludes indirect damages (loss of profit, of business, of data).
• Third-party services and products remain governed by the terms of those third parties.

5. Confidentiality and protection of personal information (Law 25)

In the course of its services, ProsperIT may access confidential information and personal information belonging to the client. That information is processed solely for the purpose of delivering the services, protected by reasonable security measures, in compliance with Quebec’s Act respecting the protection of personal information in the private sector (Law 25).

The client remains responsible for the information for which it is responsible under the law; ProsperIT acts as a service provider. Processing is detailed in our Privacy policy.

6. Intellectual property

• The tools, scripts, configurations, templates, methods and documentation developed or used by ProsperIT remain its exclusive property (or that of its third-party licensors).
• The client’s data remains the property of the client.
• The client obtains a right to use the deliverables solely for its internal operations; any reproduction, resale or redistribution requires written authorization.

7. Publicity

The client authorizes ProsperIT to display its name and logo as a reference (website, promotional material). This consent may be revoked at any time by written request.

8. Governing law

These terms are governed by the laws of Quebec. Any dispute is submitted to the courts of the judicial district of Longueuil.

9. Contact us

For any question, change or claim: [email protected].