1. AGREEMENT TO TERMS

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you and Preston Graham, operating as OnTrack Systems (“Company,” “we,” “us,” or “our”). By purchasing, subscribing, or using our services at https://ontracksystems.ca, you acknowledge that you have read, understood, and agree to these Terms in full.

If you do not agree, do not access or use our services. These Terms apply to all clients, users, and visitors. Supplemental terms posted on specific product pages or order forms form part of this agreement.

2. SERVICES PROVIDED

OnTrack Systems offers digital and automation solutions including website design and hosting, business phone systems, automated lead follow-up, customer review tools, CRM connections, database reactivation, and related integrations. All plans and deliverables are described at time of order and may evolve as features are improved.

We may modify, suspend, or discontinue services at any time to maintain system integrity or comply with regulation. Where possible, clients will receive prior notice of material changes.

3. PAYMENT TERMS, WALLET & REBILLABLE COSTS

3.1 General Billing

All subscription fees are billed in advance through our secure payment processor and renewed automatically unless canceled before renewal. Charges are shown in Canadian dollars (CAD) unless noted otherwise. Certain usage items are billed in U.S. dollars (USD).

3.2 Digital Wallet and Usage-Based Rebilling

Clients maintain a digital wallet balance for usage-based services such as phone numbers, outbound messaging, and call minutes. Balances are charged in USD. When funds run low, the client’s payment method on file is automatically billed according to the auto-top-up setting selected during onboarding. Current usage rates are displayed within each account dashboard and are subject to carrier or infrastructure cost changes.

3.3 Subscription Renewal and Non-Payment

Subscriptions renew monthly or annually according to the selected term. Failed payments may be re-attempted up to four times within three weeks. Accounts unpaid beyond 48 hours of the first failed attempt may be suspended until balance is cleared. Continued delinquency may lead to termination and data deletion.

3.4 Taxes

All charges are subject to applicable provincial and federal taxes under Canadian law. Taxes are itemized at checkout or on invoices.

3.5 Refund Policy

All payments, including setup and subscription fees, are final and non-refundable. Services begin immediately upon purchase and are customized per client. No chargebacks or payment disputes are permitted for fulfilled or active services. Filing a chargeback in violation of this clause authorizes OnTrack Systems to pursue recovery of the full amount plus collection costs.

4. SMS PROGRAM DISCLOSURE & COMPLIANCE

By opting in to receive text messages from OnTrack Systems, you consent to receive SMS or MMS communications regarding account notifications, scheduling reminders, marketing, authentication, and other service-related messages. Message frequency varies by account activity.

• Message & Data Rates: Standard carrier rates apply. You are responsible for any charges imposed by your mobile provider.
• Opt-Out: You may cancel SMS communications at any time by replying STOP. To receive assistance, reply HELP. After opting out, you may still receive essential account messages (billing, compliance, or service interruptions).
• Consent: Consent to receive texts is not a condition of purchase. By providing your number, you confirm you are the owner or authorized user of that number.
• Data Handling: Mobile numbers and opt-in data are never shared, sold, or rented to unaffiliated third parties for marketing. Data is used exclusively to deliver requested communications and managed per our Privacy Policy.
• Delivery: We are not responsible for delayed or undelivered messages caused by carrier network issues, filtering, or handset limitations.
• Compliance: All messaging practices conform to Canadian telecommunications and anti-spam laws (CASL) and current A2P 10DLC guidelines.

5. PRIVACY POLICY

Use of our website and services is governed by our Privacy Policy, which explains how we collect, process, and safeguard personal data. Continued use of our platform signifies your consent to that policy.

6. CANCELLATION & REFUNDS

You may cancel your subscription anytime through your client portal or by emailing [email protected]. Cancellations take effect at the end of the billing period. Setup and previous subscription fees are non-refundable. Upon cancellation, all platform access and automations will be disabled at term end.

7. MODIFICATIONS AND SERVICE INTERRUPTIONS

We reserve the right to modify or discontinue any feature or pricing structure. Notice will be provided before significant changes when feasible. Service interruptions may occur for maintenance or system upgrades. OnTrack Systems shall not be liable for losses caused by downtime or service delays beyond reasonable control.

8. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, OnTrack Systems, its owners, employees, and affiliates shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profits or data, resulting from service use or unavailability. Total liability shall not exceed the amount paid by the client in the ninety (90) days preceding the event giving rise to the claim.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless OnTrack Systems and its affiliates from all claims, damages, liabilities, and expenses (including legal fees) arising from your breach of these Terms, misuse of the platform, or violation of law.

10. GOVERNING LAW

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

11. DISPUTE RESOLUTION

Any dispute not resolved through good-faith negotiation shall be submitted to binding arbitration in Edmonton, Alberta, conducted in English under applicable Canadian arbitration rules. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction. Claims for injunctive relief or intellectual-property enforcement may be brought directly in court.

12. CONTACT INFORMATION