Terms & Conditions
Overview
This is an agreement between You and Onik Inc (“ONIK”) who provides the services at https://onik.io.
We believe in simple, readable, and easy to understand terms of service. If you have questions or suggestions, please let us know.
This Agreement explains our obligations to You and your obligations ONIK. This Agreement is the entire Agreement between us.
General Terms
ONIK will update this Agreement from time to time, usually to introduce new services, but also to modify and clarify existing terms and obligations. It's a good idea to check this page now and then for any changes. Sometimes we'll let you know about updates —it's just a friendly heads-up, not a requirement in this Agreement.
The Agreement is Effective upon your Signing up for ONIK’s services, or your written approval for ONIK to set up services on your behalf. The Agreement renews automatically every month unless terminated.
If you need to contact us, you may reach us at:
ONIK Inc.
260 Dalhousie Street, Suite 206
Ottawa, Canada
K1N 7E4
1-705-996-6455
help@onik.io
Billing & Contact Information
All prices are listed in USD and billed in USD unless otherwise noted. ONIK accepts payment by Credit Card or Pre-Authorized Debit.
1. Billing for Monitoring Subscription Services
Monitoring Subscriptions are prepaid for terms of 1 month or 12 months.
Subscription services may be canceled at any time, and ONIK will continue to provide purchased services until the pre-paid subscription has expired. ONIK may, in its sole discretion, suspend service and issue a full or partial refund.
Your account may be closed and services suspended for non-payment. You agree ONIK may automatically charge your Card or Account to recover any amounts outstanding on your account.
2. Billing for One Time Audit Services
Audit services are prepaid one time fee per Audit and Site.
3. Billing for Hourly Services
Hourly Services like Consultations, Technical Support, and “Just Fix It. Please” are estimated in a Scope of Work which is accepted by You prior to work commencing.
Depending on the nature of the work, we may ask for an initial deposit. Invoices will be provided upon work completion and payment is due upon receipt.
Estimates are based on the current understanding and information and may change based on project requirements or unforeseen circumstances. If the cost or timeline of the work needs to be revised, ONIK will notify You in writing. Revised Estimates require your approval before implementation, and You will have the opportunity to review and agree before additional work commences.
You can cancel the work at any time. Onik will invoice You for the work completed up to the cancellation date based on the agreed-upon rates and estimated scope of work.
All intellectual property rights developed as part of the services provided shall belong to ONIK unless otherwise agreed in writing.
Customer Data & Service Data
You own the customer data which includes the list of websites you monitor and the analytical data we provide in relation to the websites being monitored. You may only use this data for internal purposes in accordance with all Applicable Laws.
ONIK will have the right to use Customer Data in Anonymised or Aggregated form. Any data which is not Customer Data shall be considered Service Data and owned by ONIK.
Termination
You may end this Agreement at any time and for any reason by canceling your ONIK Subscription Services, canceling ongoing Hourly Services and completing any outstanding payments.
ONIK can also end this Agreement at any time and for any reason with written notification.
Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project.
Jurisdiction
This Agreement is governed by and will be enforced in accord with the laws of the Province of Ontario, Canada and the federal laws of Canada.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us over the last twelve months.
ONIK and its directors, employees, affiliates, subsidiaries, agents, and third party providers shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services.
You agree to indemnify and hold harmless ONIK from any claims, damages, or liabilities arising from the use of services provided.
Disclaimer of Warranties
You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis.
We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement
We make no warranty that the services will meet your requirements or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected.
We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.
Last updated: Feburary 25, 2024