Legal

Legal

Terms of Service

Terms of Service

Terms of Service

Effective Date: Jan 01 2025
Last Updated: Sept 01 2025

1. Agreement to Terms

By accessing and using webdesignkelownaco.ca (the "Website") or engaging our web design services, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

Company Information:

  • Business Name: WebDesignKelownaCo

  • Location: Kelowna, British Columbia, Canada

  • Contact: [your-email@webdesignkelownaco.ca]

2. Services Provided

WebDesignKelownaCo provides web design and development services including:

Core Services:

  • Custom website design and development

  • Website redesigns and updates

  • E-commerce website development

  • Website maintenance and support

  • Search engine optimization (SEO)

  • Website hosting and security services

Service Delivery:

  • Services are provided using modern platforms including Framer and Webflow

  • All work is performed by qualified web design professionals

  • Services are tailored for businesses in Kelowna and the Okanagan region

3. Website Usage

Permitted Use:

You may use our Website to:

  • Learn about our services and pricing

  • Contact us for project inquiries

  • Access resources and blog content

  • Submit project requests through our forms

Prohibited Use:

You may not:

  • Use our Website for any unlawful purpose

  • Attempt to gain unauthorized access to our systems

  • Copy, reproduce, or distribute our content without permission

  • Submit false or misleading information

  • Interfere with the Website's functionality or security

4. Service Agreements and Pricing

Project Proposals:

  • All projects begin with a consultation and detailed proposal

  • Pricing is clearly outlined in project proposals

  • Services are provided according to agreed scope and timeline

Standard Pricing Packages:

  • Starter Package: $699 - One-page website with essential features

  • Basic Package: $2,499 - Multi-page website with standard features

  • Advanced Package: $3,699 - Comprehensive website with advanced features

Payment Terms:

  • 50% deposit required to begin work

  • Final payment due upon project completion

  • Monthly maintenance plans billed in advance

  • All prices are in Canadian dollars (CAD)

  • Late payments may incur interest charges of 1.5% per month

5. Client Responsibilities

Content and Materials:

  • Clients must provide all necessary content, images, and materials

  • Clients are responsible for ensuring they have rights to all provided materials

  • Clients must review and approve work at designated project milestones

Communication:

  • Respond to requests for feedback within agreed timeframes

  • Provide clear and timely direction on project requirements

  • Maintain professional communication throughout the project

Website Maintenance:

  • Clients are responsible for content updates unless maintenance plan is purchased

  • Clients must keep login credentials secure

  • Regular content backups are recommended

6. Intellectual Property

Our Rights:

  • WebDesignKelownaCo retains rights to our proprietary methods, templates, and code

  • We may showcase completed projects in our portfolio (with client permission)

  • Our website content, logo, and branding are protected by copyright

Client Rights:

  • Upon final payment, clients receive full rights to their custom website design

  • Clients retain ownership of their content, logos, and brand materials

  • Clients receive necessary login credentials and administrative access

Third-Party Resources:

  • Some projects may include licensed fonts, images, or plugins

  • Clients are responsible for ongoing licensing fees for third-party resources

  • We will clearly identify any licensed materials used in projects

7. Project Timeline and Revisions

Standard Timelines:

  • Starter projects: 1-2 weeks

  • Basic projects: 3-6 weeks

  • Advanced projects: 6-10 weeks

  • Timelines depend on client feedback and content provision

Revision Policy:

  • Each package includes specified number of revision rounds

  • Additional revisions may incur extra charges

  • Major scope changes require separate agreement and pricing

8. Refunds and Cancellations

Refund Policy:

  • Deposits are non-refundable once work has begun

  • Partial refunds may be available for incomplete projects at our discretion

  • No refunds for completed work that meets agreed specifications

Project Cancellation:

  • Either party may cancel with 30 days written notice

  • Client is responsible for payment of work completed to cancellation date

  • All work-in-progress files will be provided upon final payment

Service Guarantee:

  • We guarantee our work will meet the specifications outlined in the project proposal

  • If work does not meet specifications, we will make necessary corrections at no charge

  • Guarantee applies for 30 days after project completion

9. Limitation of Liability

Disclaimer:

  • Services are provided "as is" without warranties of any kind

  • We do not guarantee specific business results or search engine rankings

  • Website performance depends on factors beyond our control (hosting, internet connection, etc.)

Liability Limits:

  • Our total liability is limited to the amount paid for services

  • We are not liable for indirect, consequential, or punitive damages

  • We are not responsible for losses due to third-party service failures

Force Majeure:

We are not liable for delays or failures due to circumstances beyond our control, including natural disasters, internet outages, or government restrictions.

10. Privacy and Data Protection

Privacy Policy:

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

Data Security:

  • We implement reasonable security measures to protect client data

  • Clients are responsible for maintaining secure passwords and access credentials

  • We recommend regular backups of website content and data

11. Dispute Resolution

Governing Law:

These Terms are governed by the laws of British Columbia, Canada.

Resolution Process:

  1. Direct Communication: Issues should first be addressed directly with our team

  2. Mediation: If direct resolution fails, we prefer mediation through a neutral third party

  3. Arbitration: Binding arbitration may be required for unresolved disputes

  4. Legal Action: Any legal proceedings must be filed in British Columbia courts

12. Modifications to Terms

Updates:

  • We may update these Terms periodically

  • Updated Terms will be posted on our Website with a new "Last Updated" date

  • Continued use of our services after updates constitutes acceptance

Notification:

  • We will notify clients of significant changes via email

  • Current clients may complete projects under previous Terms if preferred

13. Project Cancellation

If Client Cancels:

  • Before Work Begins: No charge if cancelled within 24 hours of signing agreement

  • After Work Begins: All deposits and payments for completed work are non-refundable and retained

  • File Delivery: All completed work provided upon payment of outstanding balances

  • No Partial Refunds: Client pays for all work completed to cancellation date

If We Cancel:

  • Our Failure: Full refund if we cannot deliver services as promised in the proposal

  • File Transfer: All completed work transferred at no charge

  • Transition Support: Reasonable assistance finding alternative providers

Chargeback Protection:

  • Requesting chargebacks for valid charges is considered breach of contract

  • $50 fee will be charged to recover chargeback processing costs

  • Project suspension and file withholding until payment is restored

14. Miscellaneous

Entire Agreement:

These Terms, together with any signed project agreements, constitute the entire agreement between the parties.

Severability:

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

Assignment:

Clients may not assign their rights under these Terms without our written consent.

Contact Information:

For questions about these Terms, contact us at:

  • Email: [legal@webdesignkelownaco.ca]

  • Phone: [your-phone-number]

  • Address: [your-business-address], Kelowna, BC

By using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

These Terms comply with Canadian business law and consumer protection requirements.

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