Terms of Service
What Do Both Parties Agree To?
You: You have the authority to engage our services on behalf of yourself, your company, or your organization. We'll let you know what assets and information we need to complete the project, and we appreciate your efforts to provide them in the requested formats. You'll review our work, provide feedback, and give approval in a timely manner. Deadlines are a two-way street, so we'll both adhere to the dates we set together. Additionally, you agree to follow the payment schedule outlined at the end of this document.
Us: We have the expertise and capability to fulfill all our agreed-upon tasks professionally and promptly. We are committed to meeting every deadline and will ensure the confidentiality of all the information you provide.
GETTING DOWN TO THE NITTY GRITTY
Design
Using Webflow, we create modern websites that are aesthetically pleasing, highly usable, and endlessly adaptable. With your input, we’ll strive to build a website you’ll love, that promotes and compliments your brand, and perhaps most importantly, is user friendly. After all, if users don’t like your website, they’re less likely to engage with your business. We will offer our recommendations based on decades of experience, but creative control is ultimately in your hands.
We will keep you in the loop every step of the way, providing updates and preview links, seeking your feedback. With style tiles and wireframes, we’ll create the building blocks of your new site. Once you’re happy with the layout, colour palette, and overall style, we’ll move on to programming the site itself.
Branding & Text Content
We encourage our clients to provide their branding and text copy where possible, but we understand that not everybody is a graphic designer or writer. Lucky for you, we have both on staff, and we are happy to provide a separate estimate for graphic design and copywriting services.
For graphic design, we can create new branding for you or refresh your current branding. Either way, we’ll work with you to develop your logos, brand colours, and imagery, creating editable vector designs that will ensure the branding on your website always looks perfect, and reflects aligns with your company image and values.
For text content, we ask that you provide all the talking points you wish to include for each section on the site. Our writing team will do the rest. You can tell us if you have a specific tone or mood that you wish us to use. Otherwise, we will endeavour to write copy that matches our perception of your business and company image. Your input is always welcome!
If you are providing graphics or images for your site, we ask that you provide the highest resolution possible. We can also provide stock images, should you require.
Desktop & Mobile Browser Testing
With modern web standards, all websites should look and function the same across all browsers and platforms. Should. Realistically, we know that no two browsers are created equal, and websites can look or behave differently depending on the browser they’re viewed in. We test our websites in several major web browsers on the latest stable release of the Windows operating system: Microsoft Edge, Google Chrome, Mozilla Firefox, and Opera. Upon request, we can provide additional testing in other browsers.
We also test our websites for mobile optimization on the latest versions of iOS (Apple) and Android (Samsung), to ensure your website will look good across multiple platforms. This is done with the latest mobile versions of Google Chrome, Safari, and Mozilla Firefox. Upon request, we can provide additional testing in other mobile browsers.
Search Engine Optimization (SEO)
While we cannot guarantee improvements to your website's search engine ranking, the web pages we develop are designed to be accessible to search engines. Additionally, we offer a comprehensive SEO add-on package that delves deeply into optimizing your site for better search engine performance. If you're interested, we can provide a separate quote for this service.
Changes & Revisions
We understand that your needs may evolve, and we don't want to limit your ability to change your mind. The initial price of this agreement is based on our estimate of the number of pages required to achieve your goals. However, we are happy to be flexible. If you decide to make changes or add new elements, we will provide a separate estimate for the additional pages and costs.
Technical Support
As a website hosting company, we offer comprehensive support for website hosting, email, and related services. If you already have professional hosting, or manage it in-house, we will work with you or your current host to coordinate the transfer of your site to our platform. If not, we will set up an account for you on our platform. We will host your site on our servers, set up Google Analytics, and provide analytics reports upon request. We will handle all server updates and site management, ensuring regular updates as needed.
Website hosting is provided as an annual recurring subscription package.
Termination of Services
If at any point you decide to change your requirements or are dissatisfied with the direction of our work, you can terminate our services. You will need to pay us in full for any pages and assets we have created up to that point, and we will refund you for any remaining months of your annual hosting subscription. There are no buyout fees. These accounts must be settled before we release the domain and other site materials to you.
Legal Stuff
We will perform our work in accordance with industry best practices and the standards expected of a qualified professional with relevant experience. However, we cannot guarantee that our work will be error-free and, therefore, we cannot be held liable for any damages, including lost profits, lost savings, or other incidental, consequential, or special damages, even if you have informed us of them.
Your liability to us will be limited to the fees payable under this agreement. You will not be liable for any damages, including lost profits, lost savings, or other incidental, consequential, or special damages, even if we have informed you of them.
If any provision of this agreement is found to be unlawful, void, or unenforceable, that provision will be deemed severable from this agreement and will not affect the validity and enforceability of the remaining provisions.
Intellectual Property Rights
To clarify, "Intellectual property rights" encompass all patents, rights to inventions, copyrights (including software rights) and related rights, trademarks, service marks, trade dress, trade names, internet domain names, rights to goodwill or to sue for passing off, design rights, database rights, rights in confidential information (including know-how), and any other intellectual property rights. This includes both registered and unregistered rights, as well as all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection that exist now or in the future anywhere in the world.
First, you guarantee that all text, images, or other artwork you provide are either owned by you or that you have permission to use them. When you provide these materials to us, you agree to protect us from any third-party claims regarding the use of their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we have obtained permission to provide them to you. When we provide text, images, or other artwork to you, we agree to protect you from any third-party claims regarding the use of their intellectual property. Provided you have paid for the work and this agreement has not been terminated, we will assign all intellectual property rights to you as follows:
For the first 24 months after any major site design or redesign, we will own the website we design for you, including the visual elements we create. You will own all intellectual property rights to the text, images, site specifications, and data you provided, unless they are owned by someone else.
We will retain ownership of any intellectual property rights we developed prior to or separately from this project and not paid for by you. We will own the unique combination of these elements that constitutes a complete design and will license its use to you exclusively and in perpetuity for this project only, unless otherwise agreed.
Displaying Our Work
We take pride in showcasing our work, so we reserve the right to display all aspects of our creative process, including sketches, work-in-progress designs, and the completed project, in our portfolio. This may include features on our website, in magazine articles, and in books.
Payment Schedule
We understand the importance of prompt invoice payments for small businesses. To ensure a smooth working relationship, we ask that you adhere to the following payment schedule:
- Payment Schedule: Payment is due upon receipt of your invoice, with payment terms of 7 days from the invoice date. Hosting fees are similarly due upon receipt of the invoice and will be billed annually on the anniversary of the invoice date. Annual hosting may be cancelled any time prior to your next billing date, whereupon we will refund any remaining months of your current billing cycle and release the domain and other site materials to you.
- Invoice Terms: Invoices are issued electronically, with payment terms of 7 days from the invoice date. Accepted payment methods include VISA, MASTERCARD, DEBIT, or CASH. All proposals are quoted in CANADIAN DOLLARS, with payments made at the equivalent conversion rate on the transfer date.
- International Transfers: You agree to cover all charges associated with international fund transfers. Bank account details will be provided on our electronic invoice.
- Late Payments: We reserve the right to charge interest on overdue debts at a rate of 2% per month.
But Where’s All the Horrible Small Print?
Just like a parking ticket, neither of us can transfer this agreement to anyone else without the other's permission. We both agree to adhere to all relevant laws and regulations in relation to our activities under this agreement and ensure that neither party causes the other to breach any laws or regulations. This agreement remains in effect and does not need to be renewed.
Although the language is simple, the intentions are serious. This agreement is a legal document under the exclusive jurisdiction of Canadian courts.