01 Article One
Acceptance of These Terms
By accessing, browsing, or using the website located at www.rfda.buzz (the Website), or by engaging RFDA for any computer systems design, software engineering, cybersecurity consulting, network architecture, data engineering, cloud and DevOps, or any other professional service (collectively, the Services), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the Terms). These Terms constitute a legally binding agreement between you, whether acting in your individual capacity or as an authorized representative of an organization, and Loco Sky Ltd., a Canadian corporation operating RFDA as a registered division, with its principal place of business at 9759 Northville Crescent Rr 1, Thedford, Ontario, N0M 2N0, Canada.
If you do not agree to all of the terms and conditions set forth in this document, you must immediately discontinue all use of the Website and refrain from engaging our Services. Your continued use of the Website or Services following any modification to these Terms, as described in Article 16, constitutes your renewed and binding acceptance of the updated Terms. RFDA reserves the right to refuse service, terminate accounts, or deny access to the Website at its sole discretion, without prior notice, for any conduct that RFDA believes violates these Terms or is otherwise harmful to RFDA, its affiliates, clients, employees, or the public interest.
These Terms apply to all visitors, users, clients, contractors, and any other persons who access or use the Website or Services. They operate in conjunction with our Privacy Policy, which is incorporated herein by reference and governs our collection, use, storage, and disclosure of personal information. You are responsible for reviewing both documents before making use of the Website or Services. The English language version of these Terms shall be the controlling version, and any translations are provided for convenience only.
02 Article Two
Definitions and Interpretation
For the purposes of these Terms, the following definitions shall apply. Words importing the singular number include the plural and vice versa, and words importing gender include all genders, unless the context clearly requires otherwise. Headings and article numbers are included for convenience and reference only and shall not affect the construction or interpretation of these Terms.
RFDA refers to the operating division of Loco Sky Ltd. that provides computer systems design and related services, including but not limited to systems architecture, software engineering, network engineering, cybersecurity operations, cloud and DevOps, and data engineering. Loco Sky Ltd. refers to the legal entity incorporated under the laws of Canada that owns and operates RFDA. Lead Engineer refers to Kara Small Opal, the primary developer and technical officer responsible for RFDA service delivery and development operations. The term Services encompasses all professional consulting, design, engineering, assessment, development, deployment, maintenance, support, and advisory activities offered by RFDA, whether delivered remotely or on-site, and whether initiated through the Website, electronic mail, telephone, or other communication channels. The term Client or you refers to the individual or legal entity accessing the Website or engaging the Services.
Content refers to all text, graphics, images, software, code, data, documentation, designs, diagrams, reports, and other materials provided by RFDA through the Website or as part of the Services. User Content refers to any data, files, documents, information, feedback, suggestions, or other materials submitted, uploaded, or transmitted by you to RFDA in connection with the Website or Services. Intellectual Property includes all patents, copyrights, trademarks, trade secrets, industrial designs, database rights, domain names, know-how, and any other proprietary rights recognized under Canadian law or applicable international treaties and conventions.
03 Article Three
Description of Services
RFDA provides a comprehensive suite of computer systems design and related professional services. Our core service areas include systems architecture and infrastructure design, custom software engineering, network design and security hardening, cybersecurity operations and threat assessment, cloud migration and DevOps pipeline engineering, and data engineering with analytics platform integration.
Each client engagement is governed by a separate Statement of Work, Service Agreement, or Engagement Letter that defines the specific scope, deliverables, timeline, fees, and other material terms applicable to that particular project. In the event of any conflict between these general Terms and the provisions of a signed Service Agreement, the terms of the Service Agreement shall prevail with respect to the specific engagement to which it applies.
04 Article Four
User Obligations and Acceptable Conduct
You agree to use the Website and Services only for lawful purposes and in compliance with all applicable federal, provincial, and local laws, regulations, and ordinances in Canada and in any jurisdiction from which you access our Services. You shall not use the Website or Services to transmit, distribute, or store any material that violates any applicable law or regulation, infringes upon the intellectual property rights of any third party, contains malicious code or software intended to damage or interfere with computer systems or data, constitutes unsolicited commercial communications or spam, promotes illegal or harmful activities, or is defamatory, obscene, harassing, or otherwise objectionable in the reasonable judgment of RFDA.
You are responsible for maintaining the confidentiality of any account credentials, API keys, or access tokens issued to you for the purpose of interacting with RFDA systems or project infrastructure. You agree to notify RFDA immediately of any unauthorized use of your credentials or any other breach of security. You further agree not to attempt to gain unauthorized access to any portion of the Website, the servers on which the Website is hosted, or any other systems or networks connected to RFDA operations. Any violation of these provisions may result in immediate suspension or termination of your access to the Website and Services, without prejudice to any other remedies available to RFDA at law or in equity.
05 Article Five
Intellectual Property Rights
All Content displayed on or made available through the Website, including but not limited to the RFDA name, logo, trade dress, text, graphics, images, software code, design elements, color schemes, typography, and the overall look and feel of the Website, is the exclusive property of Loco Sky Ltd. or its licensors and is protected by Canadian and international copyright, trademark, and other intellectual property laws. The RFDA brand, including all associated logos and wordmarks, are trademarks of Loco Sky Ltd. in Canada and other jurisdictions. No license, express or implied, is granted to any user to reproduce, distribute, modify, display, perform, create derivative works from, or otherwise exploit any Content without the prior written consent of Loco Sky Ltd.
With respect to deliverables produced for a Client under a paid Service Agreement, the allocation of intellectual property rights in such deliverables shall be governed by the terms of the applicable Service Agreement. Unless otherwise expressly agreed in writing, RFDA retains ownership of all pre-existing materials, tools, frameworks, methodologies, libraries, and know-how used in the performance of the Services, and the Client receives a non-exclusive, perpetual, royalty-free license to use deliverables created specifically for that Client for the Client's internal business purposes. RFDA retains the right to use and retain generalized knowledge, skills, experience, ideas, concepts, and techniques acquired in the course of performing the Services for any purpose, including for the benefit of other clients.
06 Article Six
User Submissions and Feedback
Any feedback, suggestions, ideas, improvement proposals, or other submissions (collectively, Feedback) that you provide to RFDA regarding the Website or Services shall be deemed non-confidential and non-proprietary. By submitting Feedback, you grant RFDA and Loco Sky Ltd. a worldwide, irrevocable, perpetual, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and incorporate such Feedback into any of our products, services, or operations without any compensation or attribution to you.
You represent and warrant that any User Content you submit does not infringe the intellectual property rights, privacy rights, or any other legal rights of any third party. RFDA reserves the right, but does not assume the obligation, to review, filter, or remove any User Content that it deems, in its sole discretion, to violate these Terms or to be otherwise objectionable.
07 Article Seven
Third-Party Services and Links
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by RFDA or Loco Sky Ltd. Such links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by RFDA of the linked website or its content. RFDA has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services that you may access through links on the Website.
You acknowledge and agree that RFDA shall not be responsible or liable, directly or indirectly, for any damage, loss, or harm allegedly caused by or in connection with your use of or reliance on any such third-party content, goods, or services. You are strongly advised to read the terms of service and privacy policies of any third-party website that you visit. Any interactions, transactions, or disputes between you and any third party are solely between you and that third party.
08 Article Eight
Fees, Payment, and Billing
The fees for RFDA professional services are established in the applicable Service Agreement, Statement of Work, or Engagement Letter executed between RFDA and the Client. Payment terms, including invoicing schedule, due dates, accepted payment methods, and any applicable late payment charges or interest, shall be as set forth in the Service Agreement. Unless otherwise expressly provided, all fees are denominated in Canadian Dollars (CAD) and are exclusive of applicable federal and provincial taxes, including Goods and Services Tax (GST), Harmonized Sales Tax (HST), or any other taxes that may apply depending on the Client's jurisdiction and the nature of the services provided.
In the event that a Client fails to make any payment by its due date, RFDA reserves the right, in its sole discretion, to suspend performance of the Services until all outstanding amounts have been paid in full, to charge interest on overdue amounts at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is lower, and to recover all reasonable costs incurred in collecting overdue amounts, including legal fees and court costs. All payment disputes must be raised in writing within fifteen (15) calendar days of the applicable invoice date; failure to raise a dispute within this period constitutes acceptance of the invoice as accurate and payable in full.
09 Article Nine
Confidentiality and Non-Disclosure
In the course of providing the Services, RFDA may receive or have access to confidential, proprietary, or trade secret information belonging to the Client, including but not limited to business strategies, financial data, customer lists, technical specifications, source code, network architecture diagrams, security assessment findings, and project documentation (collectively, Confidential Information). RFDA agrees to hold all Confidential Information in strict confidence and to use such information solely for the purpose of performing the Services and for no other purpose. RFDA shall not disclose any Confidential Information to any third party without the Client's prior written consent, except to those of RFDA's employees, contractors, and subcontractors who have a legitimate need to know such information for the performance of the Services and who are bound by confidentiality obligations no less restrictive than those set forth in this Article.
Confidential Information does not include information that: (a) is or becomes generally available to the public through no breach of these Terms by RFDA; (b) was already in RFDA's lawful possession prior to its disclosure by the Client, as evidenced by RFDA's written records; (c) is independently developed by RFDA without reference to or use of the Client's Confidential Information; or (d) is rightfully obtained by RFDA from a third party who is not under any obligation of confidentiality to the Client. In the event that RFDA is required by law, regulation, or valid court order to disclose any Confidential Information, RFDA shall, to the extent legally permissible, provide the Client with prompt written notice of such requirement so that the Client may seek a protective order or other appropriate remedy.
10 Article Ten
Limitation of Liability
To the fullest extent permitted by applicable law, in no event shall RFDA, Loco Sky Ltd., their officers, directors, employees, contractors, agents, or affiliates be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, revenue, goodwill, business opportunity, anticipated savings, data, or use, whether arising in contract, tort (including negligence), strict liability, or any other legal theory, even if RFDA has been advised of the possibility of such damages. This limitation applies to all claims arising out of or relating to these Terms, the Website, the Services, or any Content, regardless of the form of action.
The total aggregate liability of RFDA and Loco Sky Ltd. for any and all claims, losses, or damages arising out of or in connection with these Terms, the Website, or the Services, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total amount of fees actually paid by you to RFDA for the specific Service giving rise to the claim during the twelve (12) month period immediately preceding the event that gave rise to the claim. If no fees have been paid, RFDA's total aggregate liability shall not exceed one hundred Canadian Dollars (CAD $100.00).
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or the limitation of implied warranties. In such jurisdictions, the liability of RFDA and Loco Sky Ltd. shall be limited to the maximum extent permitted by applicable law. Nothing in these Terms shall exclude or limit RFDA's liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be lawfully excluded or limited under applicable law.
11 Article Eleven
Indemnification
You agree to indemnify, defend, and hold harmless RFDA, Loco Sky Ltd., their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Website or Services in violation of these Terms; (b) your violation of any applicable law, regulation, or the rights of any third party; (c) any User Content you submit to RFDA; or (d) any breach of your representations, warranties, or obligations under these Terms.
RFDA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with RFDA in asserting any available defenses and shall not settle any claim without RFDA's prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed.
12 Article Twelve
Disclaimer of Warranties
The Website and all Services provided by RFDA are furnished on an as is and as available basis, without any representations, warranties, or conditions of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, RFDA and Loco Sky Ltd. expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, completeness, and those arising from course of dealing, course of performance, or usage of trade.
Without limiting the generality of the foregoing, RFDA does not warrant that the Website will operate without interruption, errors, or defects, or that any such defects will be corrected; that the Website or the servers hosting it are free of viruses, malware, or other harmful components; that the Content on the Website is accurate, complete, reliable, current, or error-free; or that the results obtained from using the Services will meet your specific requirements or expectations. You acknowledge that you are solely responsible for verifying any information before relying on it and that your use of the Website and Services is at your own risk.
13 Article Thirteen
Termination and Suspension
These Terms shall remain in full force and effect for as long as you access or use the Website or Services. RFDA reserves the right, at its sole discretion and without prior notice or liability, to suspend or terminate your access to the Website and Services, in whole or in part, for any reason whatsoever, including but not limited to a breach of these Terms, suspected fraudulent or illegal activity, or upon your request to terminate any relationship with RFDA.
Upon termination of these Terms for any reason, all rights and licenses granted to you hereunder shall immediately cease, and you must cease all use of the Website and Services. Articles 5 (Intellectual Property), 9 (Confidentiality), 10 (Limitation of Liability), 11 (Indemnification), 12 (Disclaimer of Warranties), and 14 (Governing Law) shall survive any termination of these Terms, together with any other provisions that by their nature should reasonably be expected to survive termination.
14 Article Fourteen
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law principles that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Subject to Article 15 (Dispute Resolution), you and RFDA each irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of London, Ontario, for the purpose of hearing and determining any dispute arising out of or relating to these Terms, the Website, or the Services. You agree that any legal action or proceeding brought by you against RFDA or Loco Sky Ltd. shall be instituted exclusively in such courts and waive any objection to the venue or jurisdiction of such courts on the grounds of forum non conveniens or any similar doctrine.
15 Article Fifteen
Dispute Resolution and Arbitration
In the interest of resolving disputes between you and RFDA in the most expedient and cost-effective manner, you and RFDA agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall first be attempted to be resolved through informal negotiation. The party seeking to raise a dispute shall provide the other party with a written notice describing the nature and basis of the claim, the specific relief sought, and any supporting documentation. The parties shall then have a period of thirty (30) calendar days from the date of such notice to attempt to resolve the dispute through good-faith negotiations.
If the parties are unable to resolve the dispute through informal negotiation within the thirty-day period, either party may submit the dispute to binding arbitration administered by the ADR Institute of Canada in accordance with its Arbitration Rules then in effect. The arbitration shall be conducted in London, Ontario, by a single arbitrator mutually agreed upon by the parties. The arbitration proceedings shall be conducted in the English language, and the arbitrator shall have the authority to award any remedy or relief that a court of competent jurisdiction could order, including the awarding of costs and reasonable attorneys' fees. Any award rendered by the arbitrator shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
16 Article Sixteen
Modifications to These Terms
RFDA reserves the right, at its sole discretion, to modify, amend, or replace these Terms at any time and from time to time. When we make material changes, we will update the Effective Date displayed in the header of this page and post a notice on the Website. In the case of material changes that significantly affect your rights or obligations, we will endeavor to provide additional notice, such as by sending an email to the address associated with your account or by displaying a prominent notification on the Website.
Your continued use of the Website or Services after the effective date of any modified Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue all use of the Website and Services. We encourage you to review this page periodically to stay informed of the current terms governing your use of RFDA Services. Historical versions of these Terms are available upon written request to the contact address set forth in Article 18.
17 Article Seventeen
General Provisions
Entire Agreement: These Terms, together with the Privacy Policy and any Service Agreement, Statement of Work, or Engagement Letter executed between you and RFDA, constitute the entire agreement between you and RFDA regarding the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to such subject matter. No waiver by RFDA of any breach or default under these Terms shall be deemed a waiver of any preceding or subsequent breach or default.
Severability: If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect as if the invalid provision had never been included. The parties shall negotiate in good faith to replace any such invalid provision with a valid provision that most closely reflects the original intent of the parties.
Assignment: You may not assign or transfer these Terms, or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of RFDA. RFDA may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or to a successor in interest in connection with a merger, acquisition, consolidation, reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
Force Majeure: Neither party shall be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from any cause beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, storm, epidemic, pandemic, war, insurrection, riot, terrorism, labor disputes, failure of telecommunications networks, power outages, or actions of any government or governmental authority.
18 Article Eighteen
Contact Information and Notices
For any questions, concerns, or inquiries regarding these Terms of Service, the RFDA Website, or our professional services, please direct your communication to the contact details listed below. All formal notices, including legal notices, demands, or claims, must be delivered in writing by electronic mail to support@rfda.buzz, or by registered postal mail to our physical address. Notices sent by electronic mail shall be deemed received on the business day following the date of transmission, provided that the sender does not receive a delivery failure notification. Notices sent by registered postal mail shall be deemed received five (5) business days after the date of posting within Canada, or ten (10) business days after the date of posting for international deliveries.
Company: Loco Sky Ltd., operating as RFDA — Computer Systems Design and Related Services
Lead Engineer and Developer: Kara Small Opal
Registered Office: 9759 Northville Crescent Rr 1, Thedford, Ontario, N0M 2N0, Canada (CA)
Electronic Mail: support@rfda.buzz
Telephone: +62 838 9182 9638
Website: https://www.rfda.buzz
RFDA and Loco Sky Ltd. are committed to providing transparent, fair, and enforceable terms that protect the interests of all parties while fostering a productive and professional relationship. We welcome your feedback on these Terms and will consider all suggestions for improvement in our periodic review process. Thank you for choosing RFDA as your partner in computer systems design and related professional services.