Terms of Service

These terms govern your use of this website and, unless we have signed something else with you, the services Tuwar Corporation provides. "We" and "us" mean Tuwar Corporation. "You" means the person or organisation using the site or engaging us.

A signed project agreement always takes precedence over these terms. These are the default position, not a way to override what we agreed with you in writing. Where a project agreement is silent, these terms fill the gap.

These terms are written for businesses. If you are engaging us as a consumer, nothing here limits rights you have under Ontario consumer protection legislation that cannot be waived by agreement.

We provide software development and related services, including:

• custom software, SaaS platforms, websites, and mobile applications
• feature development and maintenance on software you already run
• quality assurance, test automation, and release engineering
• product and interface design
• cloud migration, hosting, and ongoing maintenance
• social media management

We may engage qualified subcontractors. Where we do, we remain responsible to you for their work, and they are bound by the same confidentiality obligations we are.

Nothing on this website is an offer capable of acceptance, and submitting the contact form does not create a contract. An engagement begins when we have both agreed a written scope and you have confirmed it.

Before work starts you will receive a written description of what we will build, what it will cost, and when it will be delivered. Estimates are fixed in writing at that point. If the scope changes afterwards, we will tell you what it does to the cost and the timeline, and we will wait for your agreement before acting on it.

Our published starting rates, in CAD, are $55 per hour for a full-stack developer, $50 per hour for a frontend or backend specialist, and $45 per hour for a QA engineer. These are starting points and scale with complexity. Your project agreement states the rate that actually applies to you.

Rates exclude applicable taxes. Invoices are payable within 15 days of issue unless your agreement says otherwise. Overdue amounts may accrue interest at 1.5% per month, and we may pause work on written notice if an invoice is more than 30 days overdue.

Disputing an invoice in good faith is fine. Tell us within 15 days of receiving it, pay the part that is not in dispute, and we will resolve the rest with you.

To deliver on time, we need you to:

• give us accurate information, and tell us when it changes
• provide access, credentials, content, and decisions when we ask, and respond to review requests within a reasonable period
• confirm you own or are licensed to use any content, data, code, or branding you give us, and that our using it will not infringe anyone else's rights
• use anything we build lawfully

Delivery dates assume timely input from you. If a delay is caused by waiting on your side, timelines shift accordingly and we will tell you when that happens rather than absorbing it silently.

On final payment for an engagement, you own the work produced for you under it. That includes the source code we wrote for your project, the repository, the designs, and the infrastructure accounts your product runs on. We will hand over access and reasonable documentation, and we do not charge a fee for you to leave.

You keep what was already yours. Your data, your content, and your branding remain yours throughout.

We keep what was already ours. Tools, libraries, internal frameworks, and know-how that existed before your project, or that we develop independently of it, remain ours. Where any of it is embedded in what we deliver, you get a perpetual, worldwide, royalty-free licence to use it as part of your product. We are also free to reuse the general skills and experience we gain, which is not a licence to reuse anything specific to you.

Showing our work. We may identify you as a client and display publicly visible parts of what we built, such as screenshots of a live website or a published app, in our portfolio and marketing. This never extends to your confidential information, your data, or your source code. Tell us in writing if you would rather we did not, and we will remove it.

For 30 days after we deliver a piece of work, if functionality we built does not work the way the agreed scope says it should, we will fix it at no charge. This is a real commitment and it survives the disclaimer in the next section.

To claim it, tell us at info@tuwarcorp.com within the 30 days with enough detail for us to reproduce the problem. The guarantee covers defects in what we delivered. It does not cover new features, changes to the agreed scope, problems caused by changes someone else made to the code, or failures in third-party services outside our control.

We warrant that we will perform our services with reasonable skill and care, in a professional manner, and in line with the agreed scope.

Except for that warranty, the guarantee in section 07, and anything we have promised you in a signed agreement, our services and deliverables are provided as is. To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that software will be uninterrupted or error-free, and we cannot guarantee any particular commercial outcome, such as revenue, traffic, search ranking, or app store approval.

To the extent the law allows, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if the possibility was known.

Our total liability arising out of an engagement is capped at the fees you paid us for that engagement in the 12 months before the claim arose.

Nothing here limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or anything else that cannot be limited by law.

Where we host or maintain your software, we will use reasonable efforts to keep it available, apply security updates, and respond promptly to incidents. We do not offer a specific uptime guarantee unless your agreement contains one, because the underlying infrastructure is operated by third parties.

The founding client programme. Our first 10 clients receive 12 months of hosting and management at no cost, starting from launch. It covers hosting, SSL certificates, automated backups, dependency and security updates, and uptime monitoring. It does not cover new feature development, third-party service fees billed directly to you, or usage costs materially beyond what the project scope anticipated. After the free period, ongoing hosting and maintenance continue at the rate we agree, or you can take it in-house under section 06.

Each of us may learn confidential information about the other: source code, business plans, customer data, credentials, pricing, and anything else a reasonable person would treat as confidential.

We will each use the other's confidential information only to perform the engagement, protect it with at least the care we use for our own, and disclose it only to people who need it and are under equivalent obligations. These duties continue for three years after the engagement ends, and indefinitely for anything that qualifies as a trade secret.

This does not apply to information that is already public through no fault of the receiving party, was already known without a duty of confidence, or is developed independently. If the law compels disclosure, the party compelled will give the other prompt notice where it is lawful to do so.

Where we handle personal information belonging to your users, you are responsible for that information and we act on your instructions. Our Privacy Policy explains how we handle information collected through this website, which is a separate matter.

Software we build usually depends on services operated by others: hosting, databases, payment processors, app stores, email delivery, and similar. Those services have their own terms and their own prices, and we do not control their availability, their pricing, or their policy decisions. Where a service is billed in your name, you are responsible for those charges. We will tell you what a project depends on before we build on it.

Either of us may end an engagement on 30 days' written notice. Either of us may end it immediately if the other materially breaches these terms and does not fix it within 15 days of being told, or becomes insolvent.

On termination you pay for work performed and costs committed up to that point. Once those amounts are settled, section 06 applies in full: you own what we built for you, and we hand it over without charging you to leave. Sections 06, 08, 09, 11, and 14 survive termination.

You may use this website for lawful purposes. Do not attempt to disrupt it, gain unauthorised access to it, scrape it in a way that degrades it for others, or submit false information or anyone else's personal information through the contact form. The text, design, and branding of this site remain ours.

These terms are governed by the laws of Ontario and the federal laws of Canada that apply there, without regard to conflict of law principles.

If a dispute arises, talk to us first. Most things are resolved in a conversation. If that fails, we both submit to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto. We may agree in writing to arbitrate instead, but neither of us is required to.

If a provision is found unenforceable, the rest stays in force. Not enforcing a right immediately does not waive it. Neither party is liable for failure caused by events genuinely outside its reasonable control. Neither party may assign these terms without the other's written consent, except in a merger or sale of substantially all assets. We are independent contractors: nothing here creates a partnership, joint venture, or employment relationship.

We may update these terms. The revision date at the top reflects the current version, and changes apply to engagements agreed after that date. Changes never alter a signed project agreement already in force. Questions go to info@tuwarcorp.com.