Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BusinessWebPages ("we", "our", or "us") regarding your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

Disclaimer for Template Legal Documents

Services Description

BusinessWebPages provides professional website and application design services, including but not limited to:

• Custom website design and development
• Web application development
• Responsive design and mobile optimization
• Website maintenance and support
• Digital consulting services

Free Services Disclaimer

By accepting free services from BusinessWebPages, you expressly acknowledge and agree that:

• Free services are provided as a courtesy and do not create any contractual obligation
• BusinessWebPages may modify, suspend, or terminate free services at any time, for any reason, without notice or liability
• You have no right to continuation of free services
• Free services may be incomplete, experimental, or contain errors
• BusinessWebPages makes no commitment to quality, availability, or fitness for any purpose
• You are not entitled to any refund, compensation, or damages for free services
• No client relationship, fiduciary duty, or professional obligation is created by providing free services

BusinessWebPages accepts ZERO liability for free services, including but not limited to:

• Any defects, errors, or issues with websites or applications created
• Downtime, unavailability, or service interruptions
• Loss of data, content, or business information
• Any business losses, lost revenue, lost customers, or lost opportunities
• Security vulnerabilities, breaches, or unauthorized access
• Any damages arising from your reliance on free services
• Termination or discontinuation of free services

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU USE FREE SERVICES ENTIRELY AT YOUR OWN RISK. BusinessWebPages shall have no liability to you for any reason related to free services, regardless of the cause of action or theory of liability.

Consulting and Advice Disclaimer

Our team may provide suggestions regarding:

• Website design and user experience best practices
• Content organization and presentation
• General marketing and branding concepts
• Technical implementation approaches
• Industry trends and common practices

However, our advice is NOT and should never be considered:

• Legal advice - consult a licensed attorney for legal matters
• Financial or accounting advice - consult a certified accountant or financial advisor
• Tax advice - consult a tax professional
• Medical, health, or safety advice - consult appropriate licensed professionals
• Regulatory compliance advice - consult industry-specific compliance experts
• Investment or business strategy advice - consult appropriate business consultants

BusinessWebPages expressly disclaims all liability for any decisions you make or actions you take based on advice, suggestions, or recommendations we provide. You are solely responsible for seeking appropriate professional counsel before making business, legal, financial, or other significant decisions.

User Responsibilities

When using our services, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Comply with all applicable laws and regulations
• Not use our services for any unlawful or prohibited purpose
• Not interfere with or disrupt the services or servers
• Not attempt to gain unauthorized access to any portion of the services

Client-Provided Content

By providing content to BusinessWebPages, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions to use the content
• The content does not infringe upon any third-party copyrights, trademarks, patents, or other intellectual property rights
• The content does not violate any applicable laws, regulations, or third-party rights
• All business information, claims, and representations in your content are accurate and truthful
• The content does not contain defamatory, libelous, or unlawful material
• You have obtained all necessary consents for any personal information or images of individuals included in the content

BusinessWebPages expressly disclaims all liability for:

• Copyright or trademark infringement claims arising from client-provided content
• False advertising claims or regulatory violations related to your business claims
• Privacy violations arising from content you provide
• Any legal claims, damages, or penalties resulting from content you supply
• Inaccurate or misleading information about your products, services, or business

You agree to indemnify, defend, and hold harmless BusinessWebPages from any and all claims, damages, losses, costs, and expenses (including attorneys' fees) arising from or related to the content you provide.

Intellectual Property Rights

Our Property

All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are the exclusive property of BusinessWebPages or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Third-Party Content

We license premium stock images and media from third-party providers, including Shutterstock, under appropriate commercial licenses. All third-party content is used in compliance with applicable licensing terms. When we provide services to you that include such content, you receive the benefit of our license as part of your monthly service agreement.

We do not represent that all images, videos, or media on our website or in client projects are created originally by us. All third-party licensed content remains subject to the original licensor's terms and conditions.

Your Content

You retain ownership of any content you provide to us. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the content solely for the purpose of providing our services to you.

Website Ownership

BusinessWebPages retains full ownership of all websites and applications we create, including all code, design elements, and functionality. You are granted a license to use the website for your business purposes as long as monthly payments are maintained in accordance with your service agreement.

Domain Names: Domain ownership depends on your service tier:

• Client-Purchased Domains: If you purchase your own domain name, you retain full ownership. We will never claim ownership of domains you purchased, and you are free to transfer or point your domain elsewhere at any time.
• Professional/Enterprise Tiers: For Professional and Enterprise service tiers, BusinessWebPages will purchase and register the domain name and email services on your behalf as a convenience. BusinessWebPages retains full ownership of the domain for the first 3 months of service. After all 3 monthly payments have been received, full legal ownership of the domain can be transferred to you or your business upon request at no additional charge. Once transferred, you retain permanent ownership of the domain. Domain renewal fees will be paid by BusinessWebPages on your behalf only while you actively use our services; if you discontinue service after the ownership transfer, you will be responsible for taking over domain renewal payments directly with the registrar. BusinessWebPages retains DNS and hosting management rights as specified in your service agreement. If you redirect DNS or hosting away from our infrastructure before your contract term ends, early termination fees may apply.

We retain the right to use project work in our portfolio and marketing materials unless otherwise agreed in writing.

Payment Terms

Fees

Service fees will be outlined in individual project agreements or proposals. All fees are in Canadian Dollars (CAD) unless otherwise specified.

Taxes: All fees are subject to applicable taxes, including Harmonized Sales Tax (HST) or Goods and Services Tax (GST) as required by law. Tax amounts will be calculated and added to your invoice based on your location and applicable tax rates.

Payment Schedule

Payment terms will be specified in your service agreement. Our standard payment model includes monthly recurring payments for website hosting, maintenance, and licensing.

Included Updates: Your monthly payment includes reasonable monthly updates to existing content, such as:

• Text updates and copy changes to existing pages
• Image swaps and replacements
• Link updates and corrections
• Promotional content updates (banners, announcements, seasonal messaging)
• Contact information updates
• Basic content additions within existing page structures

Monthly updates are limited to reasonable modifications to existing content and functionality. Updates must not fundamentally change the structure, design, or core functionality of your website.

Not Included in Monthly Updates: The following are considered major changes and require additional fees:

• Full website redesigns or layout changes
• New page creation or page template development
• New features or functionality (forms, integrations, interactive elements)
• Custom development work or programming
• Third-party integrations or API connections
• E-commerce functionality additions
• Complete content rewrites or restructuring
• SEO optimization campaigns
• Database or backend modifications

If you are unsure whether a requested change is included in your monthly maintenance, please contact us for clarification before submitting the request.

Your license to use the website remains active as long as monthly payments are current. Failure to maintain monthly payments may result in suspension or termination of website access.

Late Payments

Monthly payments are due on the date specified in your service agreement. Late or missed payments may result in:

• Immediate suspension of website access and services
• Late fees as specified in your service agreement
• Interest charges on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower
• Termination of your license to use the website if payment remains outstanding

Domain Name Protection: If you purchased your own domain name, you retain full ownership and control regardless of payment status - we will never hold your domain hostage. For Professional and Enterprise tiers where we purchased the domain on your behalf, BusinessWebPages retains full ownership of the domain for the first 3 months of service. After all 3 monthly payments have been received, full legal ownership can be permanently transferred to you upon request. Domain renewals are paid by us as part of your monthly service fee only while you actively use our services. We maintain DNS and hosting management rights per your service agreement. If you discontinue service after the ownership transfer, you retain ownership of the domain but must take over renewal payments directly with the registrar, as we will immediately cease paying domain renewals.

Refunds

Refund policies will be outlined in individual service agreements. Generally, deposits and payments for completed work are non-refundable.

Project Timeline and Deliverables

Project timelines are estimates and may be subject to change based on:

• Timely receipt of required materials and feedback from you
• Scope changes or additional feature requests
• Technical complexities or unforeseen challenges
• Force majeure events

We will make reasonable efforts to meet agreed-upon deadlines but cannot guarantee delivery dates unless explicitly stated in a written agreement.

Revisions and Changes

The number of included revisions will be specified in your service agreement. Additional revisions beyond the agreed-upon amount may incur additional fees. Significant scope changes may require a new proposal and agreement.

Client Responsibilities

To ensure successful project completion, you agree to:

• Provide timely feedback and approvals
• Supply all necessary content, images, and materials
• Ensure you have the rights to all materials provided
• Respond to our communications in a timely manner
• Make timely payments as agreed

Delays in client responsibilities may result in project timeline extensions.

Warranties and Disclaimers

Our Warranties

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the services

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free service

We do not guarantee specific results, rankings, or traffic levels for websites or applications we create.

No Guarantee of Business Results

We expressly disclaim any guarantee of:

• Increased sales, revenue, or profitability
• Generation of leads, inquiries, or customer conversions
• Search engine rankings, SEO performance, or organic traffic
• Return on investment (ROI) for your website or marketing spend
• Increased brand awareness, reputation, or market position
• Achievement of specific business goals or objectives
• Competitive advantage or market differentiation
• Customer acquisition, retention, or satisfaction improvements

You acknowledge and agree that:

• Business success depends on numerous factors entirely outside our control, including but not limited to your products/services, pricing, market conditions, competition, economic factors, and your own business decisions
• A website is only one component of business success and cannot guarantee commercial results
• Past performance of other clients does not guarantee your results
• Any examples, case studies, or testimonials we share are not promises of similar outcomes for your business
• You are solely responsible for all business decisions and their outcomes

BusinessWebPages shall have no liability whatsoever for any business losses, lost opportunities, lost profits, failed ventures, or any other commercial damages arising from or related to the websites or services we provide, regardless of whether we were advised of the possibility of such damages.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUSINESSWEBPAGES SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Business interruption or loss of business opportunities
• Loss of goodwill or reputation damage
• Cost of substitute goods or services
• Any damages arising from your use or inability to use our services
• Any damages arising from unauthorized access to or alteration of your data
• Any damages arising from third-party conduct or content
• Any damages arising from errors, mistakes, or inaccuracies in content
• Any damages arising from personal injury or property damage related to your use of our services
• Any business losses, including lost contracts, lost customers, or failed business ventures

These limitations apply:

• Whether or not BusinessWebPages was advised of the possibility of such damages
• Even if a limited remedy set forth herein is found to have failed its essential purpose
• Regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise)
• To all claims arising out of or related to these Terms or our services

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless BusinessWebPages and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you provide to us.

Third-Party Services

Our services may integrate with or rely upon third-party services, tools, or platforms. We are not responsible for the availability, functionality, or practices of these third-party services. Your use of third-party services is subject to their respective terms and policies.

Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information shared during the course of our business relationship. This obligation continues for a period of two (2) years after the termination of services.

Termination

By You

You may terminate services by providing written notice. Termination does not relieve you of payment obligations for work already completed.

By Us

We reserve the right to terminate or suspend services immediately, at our sole discretion, for any reason including but not limited to:

• You breach these Terms
• Payment is overdue
• You engage in conduct that we deem harmful to our business or reputation
• Abusive, threatening, or disrespectful behavior toward our team
• Any other reason we determine, in our sole discretion, makes the business relationship untenable

Effect of Termination

Upon termination, you must pay for all services rendered up to the termination date. We will provide you with work-in-progress files for which payment has been received.

Hosting and Maintenance

If we provide hosting or maintenance services:

• Services are subject to separate hosting/maintenance agreements
• We will make reasonable efforts to maintain uptime but cannot guarantee 100% availability
• Regular backups will be performed, but you are responsible for maintaining your own backups
• Maintenance windows may require temporary service interruptions

Website Security and Performance Disclaimer

BusinessWebPages expressly disclaims all liability for:

• Data breaches, hacking incidents, or unauthorized access to your website or data
• Malware infections, ransomware attacks, or other cyber security incidents
• Loss, corruption, or theft of data stored on or transmitted through your website
• Downtime, service interruptions, or unavailability caused by cyber attacks, DDoS attacks, or other malicious activities
• Downtime or service interruptions caused by third-party hosting providers, DNS services, CDN providers, or other infrastructure components
• Performance issues, slow loading times, or degraded service quality
• Vulnerabilities in third-party plugins, libraries, frameworks, or components
• Security issues arising from your failure to maintain secure credentials or follow security best practices

You acknowledge and agree that:

• No website or application can be made 100% secure against all threats
• You are solely responsible for maintaining strong, unique passwords and protecting your login credentials
• You should obtain appropriate cyber liability insurance for your business
• You are responsible for complying with data protection laws regarding your customers' data
• We are not liable for any regulatory fines, penalties, or legal actions arising from security incidents

BusinessWebPages shall have no liability for any damages, losses, costs, fines, or expenses arising from security incidents, data breaches, or service interruptions, regardless of cause, and regardless of whether we were advised of the possibility of such damages.

Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after changes become effective constitutes acceptance of the modified Terms.

Dispute Resolution

Informal Resolution

In the event of any dispute, both parties agree to first attempt to resolve the matter through good-faith negotiations.

Arbitration

If informal resolution is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association. The arbitration shall take place in the province where BusinessWebPages is registered.

Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive your right to participate in class actions or class-wide arbitration.

Governing Law and Exclusive Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Canada and the province in which BusinessWebPages is registered, without regard to conflict of law principles.

By using our services, you irrevocably agree to:

• Submit to the exclusive jurisdiction of Canadian courts
• Waive any objection to venue in Canada
• Waive any claim that Canada is an inconvenient forum
• Not bring any legal action against BusinessWebPages in any other country or jurisdiction
• Accept that Canadian law governs all aspects of our relationship

Any attempt to bring legal proceedings outside of Canada shall be invalid and void. You agree to pay all costs and legal fees incurred by BusinessWebPages in enforcing this exclusive jurisdiction clause.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with any service agreements or proposals, constitute the entire agreement between you and BusinessWebPages regarding the use of our services and supersede all prior agreements and understandings.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Contact Information

If you have any questions about these Terms of Service, please contact us:

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.