Terms & Conditions
Last updated: April 1, 2026
1. Terms of Use
By accessing and using the Qixas Group website (qixas.com), you accept and agree to be bound by these Terms & Conditions. If you do not agree to these terms, you should not use this website. This website is provided for informational purposes and to facilitate engagement with Qixas Group's consulting services. You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes but is not limited to harassment, transmitting obscene or offensive content, or disrupting the normal flow of the website.
2. Services
Qixas Group Inc. ('Qixas,' 'we,' 'us,' or 'our') provides Microsoft Dynamics 365 Business Central consulting services including, but not limited to, ERP implementation, migration, customization, integration, training, and ongoing support. The specific scope of services for each engagement will be defined in a separate Statement of Work ('SOW') or service agreement between Qixas and the client ('you' or 'your'). These Terms & Conditions govern all engagements unless explicitly superseded by the terms of a signed SOW.
3. Engagement Terms
Each engagement begins upon mutual execution of a SOW or written agreement. The SOW will define the project scope, deliverables, timeline, staffing, and any assumptions or dependencies. Changes to the scope of work must be documented through a formal change request process and agreed upon in writing by both parties before additional work commences. Qixas reserves the right to assign qualified consultants to engagements at its discretion, provided they meet the competency requirements outlined in the SOW. We will make commercially reasonable efforts to maintain consultant continuity throughout an engagement.
4. Payment Terms
Fees for services will be outlined in the applicable SOW. Unless otherwise specified, invoices are issued monthly in arrears for time-and-materials engagements, or according to the milestone schedule defined in fixed-fee engagements. Payment is due within thirty (30) days of the invoice date. Late payments are subject to interest at the rate of 1.5% per month (18% per annum) on outstanding balances. Qixas reserves the right to suspend services if payment is more than thirty (30) days overdue. The client is responsible for all reasonable travel and expense costs incurred in connection with on-site work, which will be invoiced at cost with supporting documentation.
5. Intellectual Property
All custom code, configurations, extensions, and documentation created specifically for the client during an engagement ('Client Deliverables') become the property of the client upon full payment. Qixas retains ownership of all pre-existing intellectual property, proprietary tools, frameworks, methodologies, and general knowledge ('Qixas IP') used in the delivery of services. Where Qixas IP is incorporated into Client Deliverables, the client is granted a non-exclusive, perpetual, royalty-free license to use such Qixas IP solely in connection with the delivered solution. Neither party may use the other's trademarks, logos, or branding without prior written consent.
6. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary and confidential information received from the other party during the course of an engagement. Confidential information includes, but is not limited to, business processes, financial data, technical configurations, trade secrets, customer lists, and strategic plans. Confidential information shall not be disclosed to any third party without prior written consent, except as required by law or regulation. These confidentiality obligations survive the termination of any engagement for a period of three (3) years. Each party shall use at least the same degree of care to protect the other's confidential information as it uses to protect its own, but in no event less than reasonable care.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Qixas's total aggregate liability arising out of or related to any engagement shall not exceed the total fees paid by the client to Qixas for the specific engagement giving rise to the claim during the twelve (12) months preceding the event. In no event shall either party be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of data, or business interruption, even if advised of the possibility of such damages. This limitation applies regardless of the theory of liability, whether in contract, tort, strict liability, or otherwise.
8. Warranties and Disclaimers
Qixas warrants that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards. If any deliverable does not materially conform to the specifications in the applicable SOW, Qixas will, at its sole option, re-perform the deficient services or refund the fees attributable to the deficient portion, provided the client notifies Qixas in writing within thirty (30) days of delivery. Except as expressly stated herein, all services are provided 'as is.' Qixas makes no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Qixas does not warrant that Microsoft Dynamics 365 Business Central or any third-party software will be error-free or uninterrupted.
9. Termination
Either party may terminate an engagement for convenience upon thirty (30) days' written notice. Either party may terminate immediately upon written notice if the other party materially breaches any obligation under these Terms or the applicable SOW and fails to cure such breach within fifteen (15) days of receiving written notice. Upon termination, the client shall pay for all services rendered and expenses incurred through the effective date of termination. Sections relating to Intellectual Property, Confidentiality, Limitation of Liability, and Governing Law shall survive termination.
10. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to natural disasters, acts of government, pandemic, war, terrorism, labor disputes, power failures, internet disruptions, or failure of third-party services. The affected party shall notify the other party promptly and make reasonable efforts to mitigate the impact.
11. Governing Law
These Terms & Conditions 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 regard to conflict of law principles. Both parties agree to submit to the personal jurisdiction of the courts located in Ontario, Canada and waive any objection to venue.
12. Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall first be submitted to good-faith negotiation between senior representatives of each party for a period of not less than thirty (30) days. If the dispute cannot be resolved through negotiation, either party may submit the dispute to mediation administered by a mutually agreed-upon mediator in Ontario, Canada. If mediation is unsuccessful within sixty (60) days of commencement, either party may pursue resolution through the courts of the Province of Ontario in accordance with the Governing Law provision above. Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction where necessary to protect its rights.
13. General Provisions
These Terms, together with any applicable SOW, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The failure of either party to enforce any right or provision shall not constitute a waiver of such right or provision. These Terms may not be assigned by either party without the prior written consent of the other party, except in connection with a merger, acquisition, or sale of substantially all assets.
14. Contact Information
If you have questions about these Terms & Conditions, please contact us at: Qixas Group Inc., 1 Dundas St. W., Suite 2500, Toronto, ON M5G 1Z3, Canada. Email: info@qixas.com.