Atomic 55 Internet Technologies Inc.
Master Terms & Conditions
Revision 2026.1 Effective Date: July 1, 2026 Last Updated: July 1, 2026
Technology should be understandable.
At Atomic 55 we believe in honest advice, transparent pricing and long-term relationships.
We believe websites and software should continue evolving long after launch through responsible maintenance and ongoing improvements.
These Terms are intended to clearly explain how we work and what both parties can expect throughout our relationship.
1. Introduction
Welcome to Atomic 55 Internet Technologies Inc. (“Atomic 55”, “we”, “our”, or “us”).
These Master Terms & Conditions (“Agreement”) govern the purchase and use of all products, software, websites, hosting services, marketing services, creative services, consulting, and technology solutions provided by Atomic 55.
This Agreement applies to all Atomic 55 products, brands and affiliated services, including but not limited to:
- Atomic 55 Internet Technologies Inc.
- EstateVue
- SYNCRO
- Immersive Listings
- Future Atomic 55 software platforms, applications and online services
These Terms shall prevail unless expressly varied by a written agreement signed by both Atomic 55 and the Client.
By engaging Atomic 55, accepting a quotation, signing a Statement of Work, paying an invoice, subscribing to a service, or using any Atomic 55 product, website or software platform, you acknowledge that you have read, understood and agree to be bound by these Terms & Conditions.
If you are accepting these Terms on behalf of a corporation, partnership, brokerage, association or other organization, you represent that you have the authority to bind that organization to this Agreement.
If you do not agree with these Terms, you must not purchase or continue using our products or services.
2. Definitions
For the purposes of this Agreement:
“Atomic 55” means Atomic 55 Internet Technologies Inc., its employees, contractors, subsidiaries, brands, products and affiliated companies.
“Client” means any individual, corporation, brokerage, partnership, association, government agency or other organization purchasing or using our products or services.
“Services” includes all work performed by Atomic 55 including, but not limited to:
- Website design and development
- Website hosting
- WordPress hosting
- WordPress maintenance
- SSL certificate management
- Search Engine Optimization (SEO)
- AI-assisted content creation
- Copywriting
- Graphic design
- Photography
- Video production
- Branding
- Marketing
- Domain registration
- Custom software development
- EstateVue
- SYNCRO
- Immersive Listings
- Technical consulting
- Software licensing
- Support services
- Future technology services offered by Atomic 55
“Website” means any website, landing page, portal, application or digital property developed, hosted or maintained by Atomic 55.
“Software” includes all proprietary Atomic 55 software, applications, plugins, APIs, automation systems and online platforms.
“Statement of Work (SOW)” means any quotation, proposal, estimate, invoice, work order, purchase agreement or other written description of services supplied by Atomic 55.
“Business Day” means Monday through Friday excluding statutory holidays observed in British Columbia.
3. Scope of Agreement
Unless specifically excluded in writing, these Terms apply to every product and service supplied by Atomic 55.
Individual Statements of Work, quotations or subscription agreements may contain additional terms specific to a particular service. Where a conflict exists, the service-specific agreement shall apply only to that service while the remainder of these Terms continue to govern the overall business relationship.
Failure by Atomic 55 to enforce any provision of this Agreement shall not constitute a waiver of any rights under these Terms.
These Terms supersede all previous versions unless otherwise stated in writing.
4. Technology Evolution
Technology is constantly changing.
Unlike printed materials or static documents, websites, software applications and online services operate within a rapidly evolving technology ecosystem. Operating systems, browsers, programming languages, hosting platforms, security standards, search engines, artificial intelligence technologies and third-party integrations are continually updated by organizations outside of Atomic 55’s control.
Examples include, but are not limited to:
- WordPress core releases
- PHP version updates
- Web server software updates
- SSL certificate requirements
- Browser security standards
- Google Search algorithm changes
- Artificial Intelligence search platforms
- Email authentication standards (SPF, DKIM and DMARC)
- API modifications
- Payment gateway requirements
- Mobile operating system updates
- Accessibility standards
- Cybersecurity vulnerabilities
- Domain and DNS standards
- Third-party software updates
As these technologies evolve, websites and software must also evolve to remain secure, compatible and functional.
Accordingly, Atomic 55 cannot guarantee that any website, software platform or digital solution will continue to operate indefinitely without updates, maintenance, upgrades or modifications.
Changes required by technology providers, browser vendors, hosting companies, certificate authorities, search engines, regulatory bodies or software developers may require work to be performed after a project has been completed.
These changes are considered part of the normal lifecycle of modern technology and do not constitute defects in the original work.
Where updates are required due to changes outside of Atomic 55’s control, such work is considered new work and may be billed at the applicable rates unless covered under an active maintenance or service agreement.
Clients acknowledge that ongoing investment in maintenance, security and software updates is a normal and necessary part of owning and operating modern digital infrastructure.
5. Client Relationship
Atomic 55 strives to build long-term relationships with our clients based on professionalism, transparency and mutual respect.
Successful projects require cooperation between both parties.
The client agrees to:
- provide complete and accurate information
- supply requested content, images and documentation within a reasonable time
- designate an individual authorized to make decisions on behalf of the project
- review approvals promptly where requested
- notify Atomic 55 of any material changes affecting the project
Delays in receiving approvals, content or other required information may delay project timelines.
Atomic 55 shall not be responsible for delays resulting from incomplete information, unavailable client representatives, third-party vendors or circumstances beyond our reasonable control.
If a project remains inactive due to lack of client communication for more than ninety (90) consecutive days, Atomic 55 reserves the right to consider the project suspended.
Projects suspended for extended periods may be subject to:
- revised timelines
- updated pricing
- software version changes
- redevelopment of previously completed work
- reactivation fees where applicable
6. Professional Communication
We believe successful projects are built on respectful, professional communication.
Atomic 55 is committed to treating every client with courtesy, honesty and professionalism and expects the same standard of conduct in return.
Clients are expected to communicate respectfully with Atomic 55 employees, contractors and representatives.
Abusive, threatening, discriminatory, harassing or intimidating behaviour, whether verbal, written or electronic, will not be tolerated.
Where communication has become unreasonable or unproductive, Atomic 55 reserves the right to:
- request that communications be directed through a designated contact person
- require all future communication to occur in writing
- suspend meetings or support sessions
- refuse non-essential work until communication issues have been resolved
- terminate the business relationship where necessary
These measures exist solely to maintain a productive working relationship and protect the wellbeing of our employees and contractors.
7. Statements of Work, Quotations and Scope
Every project begins with a quotation, proposal, Statement of Work (SOW), estimate or other written authorization.
The Statement of Work defines the services included within the agreed scope of work.
Any work requested outside the agreed scope constitutes additional work and will be billed separately unless otherwise agreed in writing.
Examples of additional work include, but are not limited to:
- additional pages
- new functionality
- revised creative direction
- additional meetings
- additional revisions
- third-party integrations requested after project approval
- emergency work
- work resulting from client-requested changes
Unless otherwise stated, quotations remain valid for thirty (30) days.
Pricing may change after this period to reflect changes in labour costs, supplier pricing, software licensing or market conditions.
Atomic 55 reserves the right to decline work that falls outside our areas of expertise or presents unacceptable technical, legal or business risk.
8. Technical Debt and Unsupported Systems
All technology accumulates technical debt over time.
Technical debt refers to the increased cost, complexity and risk associated with maintaining aging software, outdated infrastructure, unsupported programming languages, legacy code, discontinued plugins, obsolete integrations or systems that have not received regular maintenance.
As websites and software age, it becomes progressively more difficult and expensive to maintain compatibility with modern technology.
Examples of technical debt include, but are not limited to:
- unsupported versions of WordPress
- obsolete PHP versions
- discontinued plugins or themes
- outdated custom code
- unsupported software frameworks
- deprecated APIs
- aging hosting environments
- expired or unsupported SSL technologies
- websites that have not received routine maintenance
- software originally developed by third parties who are no longer available
Atomic 55 will make reasonable efforts to support existing systems where practical. However, there may come a point where continued repairs are no longer technically feasible, economically practical or in the client’s best interest.
Where significant technical debt exists, Atomic 55 may recommend one or more of the following:
- software upgrades
- infrastructure improvements
- replacement of unsupported components
- redevelopment of individual features
- migration to a newer platform
- complete website redevelopment
Such recommendations are made to improve security, performance, reliability, maintainability and long-term value.
Clients are under no obligation to proceed with recommended upgrades. However, where recommendations are declined, Atomic 55 cannot guarantee the continued operation, security, compatibility or supportability of the affected system.
Atomic 55 reserves the right to decline work on systems that, in our professional opinion:
- present unacceptable security risks
- rely upon unsupported technologies
- contain malicious software
- cannot be reasonably repaired
- expose Atomic 55 to excessive technical or legal risk
Any work performed on unsupported or legacy systems is undertaken on a best-effort basis only and without warranty.
9. Recommended Maintenance and Client Decisions
Throughout the course of providing services, Atomic 55 may recommend maintenance, updates, security improvements, software upgrades or infrastructure changes intended to improve the stability, performance or security of a client’s digital assets.
These recommendations are based on current industry standards, vendor requirements, security advisories and our professional experience.
Clients retain the right to decline any recommendation unless it forms part of a contracted managed service.
Where a client elects not to proceed with recommended work, the client acknowledges that doing so may increase the likelihood of:
- software failure
- website downtime
- cybersecurity incidents
- data loss
- compatibility issues
- reduced website performance
- search engine indexing issues
- browser incompatibility
- increased future repair costs
Atomic 55 shall not be responsible for losses or technical issues that could reasonably have been prevented through recommended maintenance or upgrades that were declined or delayed by the client.
Should a client later request assistance relating to an issue arising from previously declined recommendations, such work will be treated as new work and billed at the applicable rates.
10. Client Cooperation
The success of any technology project depends upon timely collaboration between the client and Atomic 55.
The client agrees to provide reasonable cooperation throughout the project, including timely responses to requests for approvals, content, credentials, testing and other information necessary to complete the work.
Where delays are caused by incomplete information, unavailable contacts, third-party providers or delayed client decisions, Atomic 55 will make reasonable efforts to adjust project schedules; however, original timelines may no longer be achievable.
If a project remains inactive for ninety (90) consecutive days due to lack of client participation or communication, Atomic 55 may:
- suspend the project
- archive project files
- reallocate development resources
- revise project timelines
- require updated pricing to reflect changes in technology or labour costs
Projects remaining inactive for extended periods may require redevelopment of previously completed work where software, hosting environments or third-party services have materially changed during the period of inactivity.
11. Billing & Payment
Atomic 55 invoices clients according to the pricing outlined in the applicable quotation, Statement of Work, recurring service agreement or invoice.
Invoices are due according to the payment terms shown on the invoice unless otherwise agreed in writing.
Failure to pay invoices by the due date may result in the suspension or termination of services, including but not limited to website hosting, software access, maintenance, SEO services, email services, technical support and domain management until all outstanding balances have been paid in full.
Outstanding balances may be subject to interest at a rate of 2% per month (24% annually) or the maximum rate permitted by law, together with any reasonable collection costs.
Returned payments, declined credit cards and NSF transactions may be subject to an administration fee.
Clients remain responsible for all third-party costs incurred on their behalf including, but not limited to:
- Domain registrations
- SSL certificates
- Premium plugins
- Software licensing
- Hosting
- Stock photography
- Printing
- Advertising
- API usage
- Subscription services
Automatic Renewal of Essential Services
To prevent service interruptions, Atomic 55 may automatically renew essential third-party services on behalf of the client, including domain names, SSL certificates, hosting subscriptions and software licences. Clients remain responsible for all associated renewal charges unless written cancellation has been received prior to the renewal date.
12. Website Hosting
Where Atomic 55 provides website hosting, we will make reasonable efforts to provide a secure and reliable hosting environment.
No hosting provider can guarantee uninterrupted service.
Clients acknowledge that scheduled maintenance, emergency maintenance, hardware failures, software failures, internet outages, cyber attacks and circumstances beyond our reasonable control may temporarily interrupt services.
These interruptions do not constitute a breach of this Agreement.
Atomic 55 reserves the right to upgrade, replace or migrate hosting infrastructure where necessary to improve security, performance or reliability.
Hosting services suspended due to non-payment may be subject to restoration fees before service is reinstated.
Atomic 55 reserves the right to temporarily suspend hosting services where necessary to protect server integrity, respond to security threats, comply with legal obligations, or perform emergency maintenance.
Clients are responsible for maintaining current contact and billing information to avoid interruptions to hosting or other recurring services.
13. Website Maintenance & SSL Lifecycle
Why Website Maintenance Exists
Modern websites are living technology platforms.
Unlike printed materials, websites rely on constantly evolving software including WordPress, plugins, themes, PHP, web servers, search engines, browsers, APIs, artificial intelligence services and SSL certificates.
These technologies are continually updated by third-party developers. Ongoing maintenance ensures websites remain secure, compatible and functional.
Website maintenance protects both the client’s investment and the long-term stability of the website.
Scheduled Maintenance
Atomic 55 performs scheduled maintenance approximately every six (6) months for websites under our care. This maintenance forms part of the normal lifecycle of a professionally managed website and is a billable recurring service unless otherwise specified in the client’s service agreement. Maintenance frequency may increase where required due to changes in industry standards, security requirements or software updates.
Maintenance may include:
- SSL certificate renewal
- SSL validation
- WordPress core updates
- Plugin updates
- Theme updates
- PHP upgrades
- Firewall updates
- Malware inspections
- Website security reviews
- Error checking
- Compatibility testing
- Performance improvements
- Backup creation
- Server configuration updates
Maintenance performed during each cycle will vary depending upon the requirements of the website.
SSL Certificates
SSL certificate standards continue to evolve.
As of 2026, SSL certificates generally require renewal approximately every six months rather than once per year.
Atomic 55 combines SSL renewal with a complete maintenance inspection to ensure websites continue to meet current browser security requirements while providing an opportunity to inspect the overall health of the website.
Maintenance Charges
Scheduled maintenance is a billable service.
Maintenance charges are separate from website development, hosting, SEO or marketing services unless specifically included within a signed service agreement.
Invoices for maintenance are payable according to Atomic 55’s standard payment terms.
Website maintenance forms part of the normal lifecycle of a professionally managed website and should not be interpreted as correcting defects in the original website. Rather, maintenance addresses changes introduced by third-party software vendors, security standards, hosting environments and evolving web technologies over time.
Declining Maintenance
Clients may decline recommended maintenance unless maintenance forms part of an active managed service agreement.
However, clients acknowledge that declining maintenance may result in:
- increased security vulnerabilities
- website downtime
- software incompatibility
- browser compatibility issues
- reduced performance
- search engine indexing issues
- data loss
- increased repair costs
Atomic 55 shall not be responsible for issues arising from maintenance recommendations that were declined or delayed by the client.
Repairs resulting from declined maintenance will be billed as new work at Atomic 55’s current hourly rates.
14. Domain Names & DNS
Atomic 55 may register, renew or manage domain names on behalf of clients.
Domain registration, renewal and transfer fees remain the responsibility of the client unless otherwise agreed in writing.
Domains purchased by Atomic 55 on behalf of a client will be transferred once all outstanding invoices relating to that project have been paid.
Atomic 55 is not responsible for losses resulting from expired domain names where payment or renewal instructions have not been received.
15. Backups & Disaster Recovery
Atomic 55 performs backups for disaster recovery purposes.
Backups are intended to assist in recovering websites following hardware failures, software failures or cybersecurity incidents.
Backups are not guaranteed archives.
While reasonable efforts are made to maintain recoverable copies, Atomic 55 cannot guarantee that every file, database, email account or configuration can be restored.
Clients remain responsible for maintaining independent copies of critical business information.
16. EstateVue Services
EstateVue is a proprietary real estate marketing and technology platform developed and operated by Atomic 55 Internet Technologies Inc.
EstateVue services may include, but are not limited to, real estate websites, MLS® integrations, search engine optimization (SEO), Immersive Listings, listing management, photography, video production, digital marketing and other real estate technology solutions.
Listing information may originate from third-party providers including MLS® systems, CREA®, brokerages and other external data sources. Atomic 55 cannot guarantee the completeness, availability or accuracy of third-party data. Clients remain responsible for reviewing all listing information prior to publication.
Because listing information originates from third-party systems, temporary delays, synchronization issues or data inaccuracies may occasionally occur. These issues do not constitute defects in the EstateVue platform.
EstateVue software, themes, plugins, Immersive Listings technology, automation systems and all other proprietary functionality remain the intellectual property of Atomic 55. Nothing contained within this Agreement transfers ownership of Atomic 55 intellectual property to the client.
EstateVue websites may also contain proprietary themes, plugins, integrations, automation systems, security tools, listing software and other technologies developed or licensed by Atomic 55. These components are licensed for use only while the client maintains an active EstateVue service agreement and may be removed or deactivated upon cancellation prior to transferring a website to another provider.
Immersive Listings
Immersive Listings (“IL”) are proprietary single-property marketing websites developed and hosted exclusively by EstateVue. They are designed to provide enhanced online exposure for individual listings while supporting the REALTOR®’s overall digital marketing strategy.
Immersive Listings are provided as a hosted marketing service rather than a standalone website product. The ongoing hosting, management, updates and public availability of each Immersive Listing are dependent upon the client’s continued participation in an eligible EstateVue service.
Immersive Listings are a hosted marketing service and are not sold as standalone websites. They remain part of the EstateVue platform and are available only while the client maintains an eligible EstateVue service.
Unless otherwise agreed in writing:
- Immersive Listings are available to Canadian EstateVue clients enrolled in an eligible Managed Website Package (MWP), SEO program or other qualifying EstateVue service.
- Eligible Canadian EstateVue clients may order Immersive Listings without an upfront production fee.
- Once the property has been confirmed as SOLD in the marketplace, a production fee of $199.00 CAD per Immersive Listing will be invoiced unless otherwise agreed in writing.
- EstateVue reserves the right to periodically verify the status of published listings for billing and portfolio management purposes.
- Immersive Listings for properties located outside Canada are subject to separate pricing and individual service agreements.
Immersive Listing Domains
To maintain platform consistency, search engine performance and ongoing technical support, domain names registered specifically for Immersive Listings are purchased, owned and managed by EstateVue and/or Atomic 55 to maintain platform consistency, search engine performance and ongoing technical support. These domains are licensed for use during the client’s participation in the EstateVue platform and are not transferred upon cancellation unless otherwise agreed in writing.
These domains are licensed for use during the client’s participation in the EstateVue platform and are not transferred upon cancellation unless otherwise agreed in writing.
Upon cancellation of an eligible EstateVue service, associated Immersive Listings, their hosted content, custom branding and related marketing assets will be retired and removed from public access as part of the normal termination of the hosted service.
Website Content
Clients retain ownership of content they have supplied to Atomic 55, including logos, branding, photographs, videos and written materials they own or have the legal right to use.
Original SEO articles, landing pages, neighbourhood guides, market reports and other search engine optimized content created by Atomic 55 as part of a Managed Website Package (MWP), managed SEO program or recurring marketing service remain proprietary to Atomic 55 and are licensed for use while the applicable service remains active.
Upon cancellation of the applicable managed service, Atomic 55 reserves the right to remove proprietary SEO content from the website in order to protect its intellectual property, proprietary research, workflows and content development processes.
Clients are responsible for requesting copies of any client-owned website assets prior to the completion of the cancellation period. Atomic 55 is not responsible for retaining website files, backups or project assets indefinitely following cancellation and reserves the right to permanently remove project data after the applicable cancellation period has expired.
Cancellation of EstateVue Services
EstateVue is provided as a licensed software and hosted marketing platform.
Cancellation of EstateVue services terminates the client’s licence to access EstateVue software, Immersive Listings and all associated proprietary technologies.
Clients remain responsible for any outstanding invoices, maintenance charges or listing production fees incurred prior to cancellation. Where a project is cancelled after production has commenced, Atomic 55 reserves the right to invoice all work completed to the date of cancellation at the Company’s current hourly rates together with any third-party costs already incurred.
Atomic 55 reserves the right to modify EstateVue features, functionality, pricing and service offerings from time to time. Existing projects will continue to be governed by the pricing or agreement in effect at the time the Immersive Listing was created unless otherwise agreed in writing.
17. SYNCRO Services
SYNCRO is a website communication platform that utilizes SMS messaging and other communication technologies.
Delivery of SMS messages depends upon third-party telecommunications providers, mobile carriers and internet connectivity.
Atomic 55 cannot guarantee uninterrupted delivery, response times or lead generation results.
Clients acknowledge that spam messages, prank enquiries, invalid submissions or carrier filtering may occasionally occur.
Clients remain responsible for any messaging charges imposed by their mobile carrier.
SYNCRO is intended to facilitate communication between website visitors and clients. Atomic 55 does not guarantee lead quality, sales opportunities, response rates or business outcomes resulting from the use of the platform.
18. Search Engine Optimization & Artificial Intelligence
Atomic 55 provides SEO, AI-assisted content creation and digital marketing services based upon current industry best practices.
Search engine rankings, traffic, leads, sales, conversions and AI search visibility cannot be guaranteed.
Search engines and artificial intelligence platforms continually modify their algorithms without notice.
Atomic 55 may utilize artificial intelligence technologies to assist with research, drafting, coding, content creation and creative production.
Clients remain responsible for verifying factual accuracy before publication.
19. Intellectual Property
Clients retain ownership of all content they supply to Atomic 55, including logos, photographs, videos, trademarks and written materials.
Clients warrant that they possess the necessary rights to all supplied content.
Atomic 55 retains ownership of all proprietary software, source code, automation systems, APIs, plugins, frameworks, templates, workflows and internal development tools.
EstateVue, SYNCRO, Immersive Listings and all proprietary Atomic 55 software are licensed, not sold. Nothing contained within this Agreement transfers ownership of Atomic 55 intellectual property to the client.
No client may copy, reverse engineer, redistribute or resell Atomic 55 proprietary software without prior written permission.
20. Cancellations, Transfers & Refunds
Clients may cancel recurring services by providing written notice in accordance with the terms of their applicable service agreement.
Unless otherwise specified in writing:
- Monthly services require thirty (30) days written notice of cancellation.
- Managed Website Packages (MWP), managed SEO programs and other managed service agreements require sixty (60) days written notice of cancellation.
- Software subscriptions continue until cancelled in writing.
Cancellation requests must be submitted in writing by an authorized representative of the client.
Outstanding Balances
All outstanding invoices, hosting fees, maintenance charges, domain renewals, SSL certificates, software subscriptions and any other applicable fees must be paid in full before websites, domains, files or other digital assets will be transferred to another provider.
Website Transfers
Atomic 55 will make reasonable efforts to cooperate with website transfers once all contractual obligations have been fulfilled and all outstanding balances have been paid.
Clients remain responsible for any third-party migration costs, hosting costs, software licensing fees or registrar transfer fees associated with moving services away from Atomic 55.
Software Services
EstateVue, SYNCRO, Immersive Listings and all other proprietary Atomic 55 software products are licensed services.
Cancellation of these services terminates the client’s licence to access and use the associated proprietary software, features and functionality.
Refunds
Unless otherwise agreed in writing:
- Website setup fees are non-refundable.
- Custom development services are non-refundable once work has commenced.
- Completed work is non-refundable.
- Website maintenance services already completed are non-refundable.
- Domain registrations and renewals are non-refundable once processed.
- SSL certificates are non-refundable once purchased.
- Third-party licensing fees are non-refundable.
- Software subscription fees already billed are non-refundable.
Refunds will not be issued for interruptions caused by third-party providers, internet outages, software vendors, hosting providers or circumstances beyond the reasonable control of Atomic 55.
21. Third-Party Providers
Many Atomic 55 products and services rely upon third-party software, infrastructure and service providers.
These may include, but are not limited to:
- WordPress
- Microsoft
- Cloudflare
- Stripe
- Twilio
- OpenAI
- Domain registrars
- Hosting providers
- Certificate Authorities
- MLS® systems
- CREA®
- Payment processors
- Analytics providers
- Advertising platforms
Atomic 55 has no control over changes made by these third-party providers.
Accordingly, Atomic 55 is not responsible for service interruptions, API changes, discontinued features, pricing changes, software incompatibilities or functionality changes resulting from decisions made by third-party providers.
Where changes introduced by third-party providers require updates, redevelopment or maintenance work, such work shall be considered new work unless otherwise covered under an active service agreement.
22. Limitation of Liability
Atomic 55 will use reasonable care, skill and professional judgment in providing its products and services.
However, no website, software platform, hosting environment or online service can be guaranteed to operate without interruption, error or security risk.
To the fullest extent permitted by law, Atomic 55 shall not be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to:
- loss of revenue
- loss of profits
- business interruption
- loss of data
- loss of business opportunities
- reputational damage
- loss resulting from third-party software or services
Atomic 55’s total liability arising from any claim relating to a product or service shall not exceed the fees paid by the client to Atomic 55 for the specific service giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in this Agreement limits liability where such limitation is prohibited by applicable law.
23. Privacy
Atomic 55 respects the privacy of its clients and their users.
Personal information collected during the course of providing services is used solely for the purposes of delivering contracted services, customer support, billing, account administration and legal compliance.
Atomic 55 does not sell or knowingly disclose personal information to third parties except where required to deliver contracted services or where required by law.
Please refer to our Privacy Policy, available on our website, for additional information regarding our collection, use and protection of personal information.
24. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
Any dispute arising from this Agreement shall be submitted to the courts of British Columbia.
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Failure by Atomic 55 to enforce any provision of this Agreement shall not constitute a waiver of any future right to enforce that provision.
Atomic 55 reserves the right to update these Terms & Conditions from time to time. The most current version will always be published on our website. Continued use of our products or services following the publication of revised Terms constitutes acceptance of those revisions.
25. Force Majeure
Atomic 55 shall not be liable for any delay, interruption or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control.
Such circumstances may include, but are not limited to:
- natural disasters, including wildfire, flood, earthquake or severe weather
- pandemic or public health emergency
- war, terrorism, civil unrest or acts of government
- power outages or utility failures
- internet or telecommunications outages
- cyber attacks, ransomware or other malicious activities affecting third-party infrastructure
- failures or interruptions involving hosting providers, domain registrars, cloud service providers or other third-party vendors
- labour disputes or shortages
- transportation disruptions
- any other event that could not reasonably have been anticipated or prevented.
Where a Force Majeure event occurs, Atomic 55 will make reasonable efforts to minimize service interruptions and restore affected services as soon as reasonably practicable.
Any project schedules, delivery dates or service commitments affected by a Force Majeure event shall be extended for a reasonable period without constituting a breach of this Agreement.
Nothing in this section relieves either party of the obligation to pay any amounts that became due prior to the Force Majeure event.
26. Contact Information
Atomic 55 Internet Technologies Inc.
#7-3185 Via Centrale
Kelowna, British Columbia
Canada
Website: https://www.atomic55.net
Email: [email protected]
Questions regarding these Terms & Conditions may be submitted using the contact information above.
These Master Terms & Conditions replace and supersede all previous Terms & Conditions, service agreements and online terms governing Atomic 55 Internet Technologies Inc., EstateVue, SYNCRO and related Atomic 55 products and services, except where expressly replaced or amended by a separate written agreement signed by both parties.