Knowledgebase

General Terms and Conditions

These General Terms and Conditions ("Terms") govern your access to and use of the websites, products, platforms, software, applications, hosting services, development services, marketing services, communications services, and other products and services provided by Persisca Technologies Inc. ("Persisca", "we", "us", or "our").

By visiting our websites, creating an account, purchasing or using a Service, entering into an agreement with Persisca, or otherwise interacting with our Services, you acknowledge that you have read, understood, and agreed to these Terms.

1. OVERVIEW

These Terms apply to Persisca websites and to products and services provided directly by Persisca, including software, web development, website services, hosting, digital marketing, communications, subscriptions, platforms, applications, consulting, and related services (collectively, the "Services").

These Terms should be read together with any applicable Privacy Policy, Anti-Spam Policy, service agreement, project agreement, order, proposal, payment terms, refund policy, acceptable use policy, domain registration policy, or other terms presented in connection with a particular Service.

The terms "you", "your", "user", "client", and "customer" refer to the individual or organization accessing or using the Site or Services.

Persisca may update these Terms from time to time. The latest version will be published on our website with its revision date. Continued use of the affected Services after revised Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

2. ELIGIBILITY AND AUTHORITY

You must have the legal capacity to enter into a binding agreement in order to use Services that require a contract, payment, subscription, or account.

If you use the Services on behalf of a company, organization, partnership, or other entity, you represent that you have authority to bind that entity to these Terms.

Persisca may request reasonable information or documentation to verify your identity, authority, account ownership, payment information, or eligibility to use a Service.

3. ACCOUNTS AND SECURITY

Certain Services require you to create or maintain an account. You agree to provide information that is accurate and reasonably current.

You are responsible for maintaining the confidentiality of your account credentials and for activity performed through your account, except where applicable law provides otherwise.

You must notify Persisca promptly if you become aware of unauthorized access, credential theft, a security incident, or any other unauthorized use of your account.

Persisca may temporarily restrict access to an account when reasonably necessary to investigate suspected fraud, abuse, security issues, payment problems, or unauthorized activity.

International Data Processing

Persisca provides digital Services and may use infrastructure, systems, contractors, or service providers located in different countries. As a result, information related to your use of the Services may be processed or transmitted across national borders, subject to applicable privacy and data protection requirements.

4. ACCEPTABLE USE AND GENERAL RULES OF CONDUCT

You agree not to use the Site or Services to:

• Engage in activity that violates applicable law or regulation.
• Defraud, deceive, impersonate, threaten, harass, or harm another person or organization.
• Exploit children or distribute unlawful or abusive material.
• Promote or facilitate terrorism, unlawful violence, or criminal activity.
• Send spam, unsolicited bulk communications, or communications sent without required consent.
• Operate phishing, credential theft, malware, hacking, or other abusive activities.
• Distribute viruses, malicious code, ransomware, worms, Trojan horses, or similar material.
• Infringe intellectual property, privacy, publicity, confidentiality, or other legal rights.
• Attempt to gain unauthorized access to accounts, servers, networks, data, or systems.
• Interfere with the security, availability, performance, or normal operation of the Services.
• Use automated tools to collect non-public personal information without authorization.
• Use the Services to distribute false, misleading, fraudulent, or deceptive communications.

You are responsible for ensuring that content, data, mailing lists, phone numbers, contact information, and other material you upload or use through the Services have been obtained and used lawfully.

Persisca may suspend or terminate Services used in violation of these requirements.

5. TEXT MESSAGING AND MOBILE COMMUNICATIONS

5.1 Text Message Programs

Persisca may offer text messaging programs for account notifications, security messages, customer service, payment and billing activity, appointment or service reminders, important updates, product or service information, and promotional communications.

Participation in promotional text messaging programs is voluntary.

5.2 Consent to Receive Text Messages

Where you provide your mobile phone number and expressly opt in to a text messaging program, you consent to receive automated or manually initiated text messages from Persisca at the mobile number you provided.

Your consent applies only to the messaging program and purposes disclosed when you opt in.

Consent to receive promotional or marketing text messages is not required as a condition of purchasing any product or service from Persisca.

Providing a phone number by itself does not constitute consent to receive promotional text messages where express consent is required.

5.3 Message Frequency

Unless another frequency is clearly disclosed when you subscribe, promotional text messaging programs may send up to two (2) messages per month.

Transactional, security, account, support, or service-related messages may be sent when reasonably necessary in connection with an account, transaction, request, appointment, security matter, or Service you use.

5.4 Message and Data Rates

Message and data rates may apply depending on your mobile carrier and service plan. Your carrier may charge you for sending or receiving text messages according to the terms of your mobile service.

5.5 How to Opt Out

You may opt out of a text messaging program at any time by replying STOP to a message from that program.

After submitting an opt-out request, you may receive one final message confirming that your request has been processed. You will then stop receiving messages from that program unless you later provide new consent.

5.6 Help

For assistance with text messaging, reply HELP to a message or contact Persisca through our customer support channels.

5.7 Mobile Number Responsibility

You represent that you are the owner or authorized user of any mobile number you provide. If your mobile number changes, is disconnected, transferred, or reassigned to another person, you agree to update your account information or notify Persisca promptly.

5.8 Delivery and Carrier Availability

Message delivery depends on telecommunications networks and other systems outside Persisca's direct control. Delivery is therefore not guaranteed and messages may occasionally be delayed or unavailable.

Mobile carriers are not responsible for delayed or undelivered messages.

5.9 Mobile Information and Consent Data

Persisca does not sell or rent mobile phone numbers, text messaging opt-in information, or text messaging consent data.

Mobile information, messaging opt-in data, and consent information will not be shared with third parties or affiliates for their own marketing or promotional purposes.

Persisca may disclose information to service providers, telecommunications providers, platform operators, technical processors, and other parties only where reasonably necessary to deliver, route, secure, operate, or support the messaging service, or where disclosure is required by law.

Text messaging originator opt-in data and consent will not be transferred to third parties for unrelated marketing purposes.

5.10 Changes to Messaging Programs

Persisca may modify or discontinue a messaging program where reasonably necessary for operational, legal, regulatory, security, carrier, or technical reasons.

6. CLIENT USE OF COMMUNICATION SERVICES

If Persisca provides you with software or tools that allow you to send email, SMS, text messages, notifications, or other communications to your own customers, contacts, members, users, or prospects, you are responsible for your use of those tools.

You agree that you will:

• Send communications only where you have a lawful basis and any required consent.
• Maintain appropriate records of consent when required.
• Clearly identify yourself or your organization where required.
• Provide required opt-out or unsubscribe mechanisms.
• Honour opt-out requests promptly.
• Not use purchased, scraped, harvested, or unlawfully obtained contact lists.
• Not send deceptive, fraudulent, abusive, or misleading messages.
• Comply with applicable telecommunications, privacy, anti-spam, and consumer protection rules.

Persisca may limit or suspend communication features when necessary to address suspected spam, abuse, fraud, excessive complaints, unlawful messaging, or regulatory requirements.

7. PAYMENT TERMS

7.1 General Payment Obligations

Invoices are due according to the payment schedule shown in the applicable proposal, agreement, invoice, subscription, or order.

Unless otherwise agreed in writing, a project is not required to be published, transferred, or placed into final production before all payments required for launch have been received. Persisca may provide temporary testing or staging access before final payment.

Payments made toward a project may constitute acceptance of completed project stages to the extent described in the applicable project agreement.

Delays resulting from additional requests, revisions, missing materials, delayed approvals, or lack of communication from the client do not automatically suspend payment obligations.

7.2 Down Payments

A down payment may be refundable where Persisca fails to provide agreed deliverables within an agreed timeframe and the client cancels for that reason, subject to the applicable project agreement.

A down payment is generally non-refundable when the client voluntarily cancels or abandons a project after work has begun, except where otherwise required by law or expressly stated in the applicable agreement.

7.3 Design Projects

For graphic design projects priced above $299, Persisca may require a minimum deposit of $169. Design projects priced at $299 or less may be charged in full before work begins, unless another arrangement is agreed in writing.

7.4 Automatic and Recurring Payments

Where you authorize recurring or automatic billing, amounts due may be charged to your payment method according to the applicable billing schedule.

If a transaction fails, Persisca may send payment reminders and may retry the payment where permitted by the applicable payment arrangement.

7.5 Client Inactivity

If a client does not respond to reasonable project-related emails, messages, or calls for more than fourteen (14) business days, Persisca may place the affected project or Service on hold or suspend it.

Where a project has been suspended because of prolonged client inactivity, a restoration fee of up to 25% of the total project price may apply before work resumes. After ninety-three (93) days of suspension, the restoration fee may increase to 50%. After one hundred eighty (180) days, Persisca may close the project and remove associated project materials, subject to applicable law and contractual obligations.

8. CANCELLATION AND REFUND POLICY

8.1 48-Hour Cancellation Period

Unless a different policy is stated for a particular Service, a customer may request cancellation within forty-eight (48) hours of the initial payment.

Where no substantial custom work has been completed and no non-refundable third-party cost has been incurred, Persisca may provide a full refund of eligible amounts.

Non-refundable third-party charges, including domain registrations, licensing fees, payment processing costs, or services already purchased from another provider on the customer's behalf, may be deducted where applicable.

8.2 Custom Work

After the initial cancellation period, payments for custom development, design, consulting, marketing, configuration, setup, or other work already performed are generally non-refundable.

8.3 Hosting Services

Eligible hosting services may include a fourteen (14) day cancellation period unless a different term is shown when the Service is ordered.

Domain registrations, add-on services, software licences, certificates, third-party services, setup fees, and similar external costs may be excluded from refunds. If a free domain was included with a hosting order, the applicable domain cost may be deducted from the refund.

8.4 Service Availability

Where Persisca expressly provides an uptime or service-level commitment for a particular Service, remedies for downtime will be governed by the terms of that commitment.

9. PROJECT MANAGEMENT

Persisca may create a project workspace, client portal, task board, support area, or other digital workspace for projects.

Persisca team members may create and update project tasks. Clients may also be permitted to submit tasks, requests, files, comments, approvals, or revisions. Client-submitted requests may require review before they become part of the agreed project scope.

Project workspaces may contain project files, support tickets, invoices, approvals, information, and other material associated with the project.

Unless archive or long-term storage services have been purchased or otherwise agreed, project files may be deleted thirty (30) days after project completion. Clients are responsible for retaining copies of files they wish to preserve.

10. PAYMENT DISPUTES AND CHARGEBACKS

Clients should contact Persisca before initiating a payment dispute or chargeback so that billing concerns can first be reviewed and, where possible, resolved.

A chargeback should not be used to avoid payment for Services that were properly authorized, delivered, or performed.

Where a payment dispute or chargeback is determined to have been improperly initiated, Persisca may seek recovery of the unpaid amount together with reasonable administrative, collection, processing, and legal costs, to the extent permitted by applicable law and the applicable agreement.

Where provided in an applicable project agreement, an administrative recovery fee of up to twenty percent (20%) of the disputed amount may apply.

Outstanding balances remain payable unless they have been cancelled, credited, refunded, or otherwise resolved by Persisca in writing.

11. INTELLECTUAL PROPERTY AND PERSISCA CONTENT

Unless otherwise stated, the Site, software, source code, systems, interfaces, graphics, designs, logos, trademarks, documentation, text, videos, images, technical methods, and other materials created or owned by Persisca ("Persisca Content") are owned by Persisca or its licensors.

Your use of a Persisca Service does not transfer ownership of Persisca Content, software, frameworks, reusable code, internal tools, technologies, trademarks, or intellectual property to you.

You may not reproduce, distribute, resell, reverse engineer, copy, republish, or commercially exploit Persisca Content except as expressly permitted by Persisca or applicable law.

Client Project Deliverables

Ownership or licence rights for custom project deliverables are governed by the applicable project agreement. Unless otherwise agreed, final rights that are intended to transfer to the client may be conditional on full payment of all amounts due for the project.

12. USER CONTENT

"User Content" means content, data, images, text, files, videos, documents, information, designs, listings, messages, or other material submitted by a user through a Persisca Service.

You retain ownership of User Content that you lawfully own.

By uploading or providing User Content to Persisca, you represent that you have the rights and permissions necessary for Persisca to process and use that content for the purposes of providing the Services.

You grant Persisca a non-exclusive licence to host, store, reproduce, process, display, transmit, modify where technically necessary, and otherwise use User Content only as reasonably required to provide, maintain, support, secure, or improve the applicable Service, or as otherwise agreed with you.

Persisca will not use content designated private or confidential for unrelated promotional purposes without authorization.

13. MONITORING, SUSPENSION AND TERMINATION

Persisca is not required to pre-screen all User Content or activity performed through its Services.

Persisca may investigate suspected violations and may remove content, restrict features, suspend Services, or terminate accounts where reasonably necessary to:

• Protect users, Persisca, or third parties.
• Address fraud, abuse, spam, malware, or security issues.
• Respond to unlawful activity.
• Comply with legal or regulatory requirements.
• Protect infrastructure or service stability.
• Address unpaid invoices or material contract violations.

Where practical and appropriate, Persisca may provide notice or an opportunity to resolve the issue before termination.

14. SERVICE RESERVATION OF RIGHTS

Persisca may modify, replace, update, suspend, or discontinue a feature or Service where reasonably necessary for technical, security, commercial, legal, or operational reasons.

Persisca may also apply reasonable storage, bandwidth, usage, API, messaging, processing, or other technical limits associated with a Service.

Accounts that substantially exceed agreed resource limits may be subject to additional fees, restrictions, upgrade requirements, or suspension after reasonable notice where appropriate.

15. ANTI-SPAM AND COMMUNICATION ABUSE

Persisca does not permit its Services to be used for spam or unlawful unsolicited communications.

Users of email, text messaging, outreach, marketing, automation, or communication Services must comply with applicable consent, identification, unsubscribe, recordkeeping, privacy, and anti-spam requirements.

Persisca may immediately restrict communications that present a significant risk of spam, fraud, abuse, carrier complaints, reputation damage, security issues, or legal violations.

16. COPYRIGHT AND TRADEMARK CLAIMS

Persisca respects intellectual property rights.

If you believe material hosted or published through a Persisca-controlled Service infringes a valid copyright, trademark, or other intellectual property right, you may contact Persisca with sufficient information to identify the material, the relevant right, your contact information, and the basis of your claim.

Persisca may remove or restrict access to material where reasonably appropriate after reviewing a valid infringement complaint.

17. THIRD-PARTY SERVICES AND LINKS

Persisca Services may connect to or contain links to third-party websites, payment processors, domain registries, social networks, telecommunications networks, cloud providers, APIs, software, applications, advertising platforms, or other services.

Third-party products and services are governed by the terms and privacy practices of their respective providers.

Persisca does not control and is not responsible for third-party websites or services except to the extent responsibility cannot lawfully be excluded.

18. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

PERSISCA DOES NOT GUARANTEE THAT EVERY SERVICE WILL OPERATE WITHOUT INTERRUPTION, DELAY, ERROR, SECURITY INCIDENT, THIRD-PARTY FAILURE, OR COMPATIBILITY ISSUE.

PERSISCA DISCLAIMS WARRANTIES THAT ARE NOT EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

NO INFORMATION PROVIDED BY A PERSISCA EMPLOYEE, REPRESENTATIVE, SUPPORT AGENT, WEBSITE, OR COMMUNICATION CREATES A WARRANTY UNLESS THAT WARRANTY IS EXPRESSLY INCLUDED IN A WRITTEN AGREEMENT.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERSISCA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES.

THIS MAY INCLUDE LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, EXCEPT WHERE SUCH LIMITATION IS NOT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSISCA'S TOTAL AGGREGATE LIABILITY ARISING FROM A PARTICULAR SERVICE WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CLIENT TO PERSISCA FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE APPLICABLE CONTRACT OR SERVICE PERIOD, UNLESS A DIFFERENT LIMIT IS REQUIRED BY LAW OR EXPRESSLY AGREED IN WRITING.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

20. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Persisca and its directors, officers, employees, contractors, and agents from third-party claims, liabilities, losses, and reasonable costs arising from:

• Your unlawful use of the Site or Services.
• Your violation of these Terms.
• Your User Content.
• Your violation of another person's rights.
• Communications sent by you without legally required consent.
• Fraudulent or abusive activity performed through your account.

21. PRIVACY AND DATA PROTECTION

Persisca handles personal information in accordance with its applicable Privacy Policy and legal obligations.

Information may be processed by service providers where reasonably necessary to operate Persisca's websites and Services, process payments, provide hosting, deliver communications, prevent fraud, provide customer support, maintain security, or perform other operational functions.

Service providers are permitted to receive only information reasonably necessary for their role and are not authorized by Persisca to use that information for unrelated purposes.

Mobile Messaging Privacy

Mobile phone numbers, text messaging opt-in records, and messaging consent information are not sold, rented, or shared with third parties or affiliates for their own marketing or promotional purposes.

This information may be shared with service providers only as necessary to provide or support the messaging service, or where disclosure is legally required.

22. TRADE AND EXPORT COMPLIANCE

You may not use, export, re-export, transfer, or provide access to the Services in violation of applicable sanctions, trade restrictions, export control laws, or other applicable legal requirements.

Users accessing Persisca Services from outside Canada are responsible for complying with laws applicable to them in their jurisdiction.

23. COMPLIANCE WITH LOCAL LAWS

The availability of a Persisca Service in a particular location does not mean that the Service is lawful or appropriate for every use in that location.

You are responsible for complying with laws applicable to your business, content, communications, customers, and use of the Services.

24. GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising from or relating to them, the Site, or the Services will be governed by the laws of the Province of British Columbia and the applicable federal laws of Canada, without regard to conflict of laws principles.

Subject to any mandatory dispute resolution process or jurisdiction required by law, the parties submit to the jurisdiction of the courts and tribunals of British Columbia, Canada.

Where a claim falls within the jurisdiction of the Civil Resolution Tribunal, Provincial Court, Small Claims Court, Supreme Court of British Columbia, or another competent authority, the matter may be brought before the appropriate forum according to the rules and monetary limits in effect at the time the claim is made.

Domain name disputes that are governed by an applicable registry, registrar, ICANN, CIRA, or similar dispute resolution policy remain subject to that policy.

25. GENERAL PROVISIONS

Entire Agreement

These Terms, together with any applicable proposal, order, project agreement, service agreement, policy, or other incorporated terms, form the agreement between you and Persisca concerning the applicable Services.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

No Waiver

A failure by Persisca to enforce a provision on one occasion does not waive the right to enforce that provision later.

Assignment

You may not assign contractual rights or obligations relating to a Service without Persisca's prior written consent where consent is reasonably required. Persisca may assign its rights and obligations in connection with a merger, reorganization, acquisition, sale of business, or similar corporate transaction.

No Third-Party Beneficiaries

Unless expressly stated otherwise, these Terms do not create rights for third parties.

Electronic Communications

You agree that notices, agreements, invoices, approvals, account notifications, and other communications may be delivered electronically where permitted by law.

26. CONTACT INFORMATION

Questions regarding these Terms, your account, or Persisca Services may be directed to:

Persisca Technologies Inc.
120 Lonsdale Ave, Ste. 400
North Vancouver, BC V7L 1B1
Canada

Email: legal@persisca.com
Customer Support: support@persisca.com
Phone: 1 (888) 427-1144

For text messaging assistance, you may also reply HELP to an applicable message. To stop receiving messages from a messaging program, reply STOP.