Service Agreement

1. Services

The Provider shall provide to Customer the services (the “Services”) set out in this Client Offer. The scope of this project shall not be modified or expanded except by written agreement of the Parties. Client requests that fall outside of the scope of this agreement will be reviewed and a quote provided before additional work is undertaken.

2. Fees 

In consideration of the provision of the Services by the Provider and the rights granted to Customer under this Agreement, Customer shall pay the agreed investment of $397 CAD less any advertised discount.

3. Timelines

Once all content is received from Customer, the project is estimated to take approximately 10 business days. Provider will provide a specific timeline for the project once engaged.  

4. Customer Responsibilities

Customer agrees to provide:

• Content, images, and any other materials required for the project.
• Timely feedback and approvals to maintain the project schedule.

5. Revisions

This Agreement includes up to 2 rounds of revisions. Additional revisions will incur a fee of $100 per revision.

6. Ownership and Rights

Upon full payment, all website files and designs will become the property of the Customer. The Provider retains the right to showcase the completed project in their portfolio unless explicitly restricted by the Customer in writing.

7. Cancellation and Refunds

When contracting the Provider to perform Services, the Service is non-refundable once work begins. Pre-paid services packages are non-refundable, non-transferable, and may not be resold. Ownership of any pre-paid service packages will remain with the original purchaser due to the custom nature of service provided.

The Customer’s satisfaction with completed work is very important. Any errors and omissions will be addressed and delivery of final creative projects is always subject to Customer approval on final drafts.  

8. Term and Termination

8.1 This agreement shall commence after purchase and shall continue until completion of the Services, unless sooner terminated pursuant to Section 8.2 or Section 8.3.

8.2 Either Party may terminate this Agreement, effective upon written notice to the other Party (the “Defaulting Party”), if the Defaulting Party:

• Materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 14 days after receipt of written notice of such breach.
• Becomes insolvent or admits its inability to pay its debts generally as they become due.
• Becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 business days after filing.
• Is dissolved or liquidated or takes any corporate action for such purpose.
• Makes a general assignment for the benefit of creditors.
• Has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

8.3 Service Provider may terminate this Agreement before the expiration date of the Term on written notice if Customer fails to pay any amount when due hereunder and such failure continues for 14 days after Customer’s receipt of written notice of nonpayment.

9. Confidentiality

The Provider agrees to keep confidential any information that it receives from the Customer in connection with the Services. The Customer agrees to keep confidential any information that it receives from the Provider in connection with the Services. The obligations of confidentiality shall survive the termination of this agreement. 

10. Limitation of Liability

In no event shall the Provider be liable to Customer or to any third party for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, exemplary, special, or punitive damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not Provider has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. 

11. Entire Agreement

This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

12. Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

13. Governing Law and Dispute Resolution

This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia.

14. Force Majeure

The Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of 14 days, Customer shall be entitled to give notice in writing to Provider to terminate this Agreement.