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Terms & Conditions for Clients

The following Terms & Conditions govern work undertaken by 0809887 B.C. Ltd (dba The Image Build Team). These Terms & Conditions are subject to change.

In this document Image Build hereinafter "Consultant" and you/your business/your organization hereinafter "Client".

SUMMARY:

In an effort to provide a simple, easy to digest Terms & Conditions, we provide the following quick summary:

DOMAIN REGISTRATION, OWNERSHIP AND MANAGEMENT:

If we register a domain or domains on your behalf, registration and renewal fees are non-refundable. Domain fees are renewable annually at regular billable rates. Registered domains can be transferred to Client for management and renewal upon written request.

Domains automatically renew annually and you will be billed in advance of the renewal. Should you wish to cancel a domain renewal, we require a minimum of 60 days written notice to ensure cancellation occurs prior to the scheduled renewal date.

If we register a domain on your behalf, you own your domain and are free to do with it what you want after paying your invoice in full. We might manage it and take care of it for you, but the domain is yours.

Should you not pay an domain registration or renewal invoice, the domain becomes property of Image Build until any outstanding invoice(s) is/are paid in full.

WEBSITE(S):

You own your website and are free to do what you want with it after paying your invoice in full. It is yours, not ours.

Website Hosting:

Website Uptime:

If we host your website, we will do our darnedest to ensure it is always online. However, because computers are involved we cannot guarantee this even though we take every precaution to ensure uptime.

Website Security:

If we host your website, we will do our darnedest to ensure it doesn't get compromised. However, because there are mean people in the world that like to troll the internet and wreck things, we can't guarantee they won't attack or compromise your site even though we take precautions to keep the varmints out.

Website Administrative Access:

If we host and maintain your website, you agree to provide us with full administrative access to the website. As such, you understand that we may have access to confidential client information. We will not share or divulge this information to any party. We will only access client information if it is required during website troubleshooting, data backups or if you request us to provide a copy of the client information.

If we do not host your website, but you have retained our services to maintain your website you understand that we may have access to confidential client information. We will not share or divulge this information to any party. We will only access client information if it is required during website troubleshooting, data backups or if you request us to provide a copy of the client information.

About Our Servers: Canadian Customers:

Servers for our Canadian clients are housed in Vancouver and Toronto datacenters.  Our shared servers are leased from a leading Canadian webhosting company and are one of few SSAE 16 certified service providers in Canada, who hold a heavy focus on compliance and business processes including Canadian privacy laws (PIPEDA).  By hosting with Image Build, you agree to and are bound by their terms and conditions of service and privacy policy.

Third Party Website Hosting:

If you don't have a Website Hosting Plan or Agreement with us and we are required to troubleshoot or fix problems with your website, we will bill you standard billable rates to do so. If the problem is something we caused, we will gladly fix it for free.

Website Backups:

We do backup our server, but it's up to you to backup your website content. While we try to ensure 100% uptime and protection against data loss, with computers involved, things are not infallible. Even though we back things up, they are also backed up on computers. We love computers, but we know they can't entirely be trusted. So, to ensure you never lose your web content, we recommend:

  • Regularly scheduled backups. The more often you update your site, the more often you should backup your site.
  • But a backup is only really good if you check it, so we also recommend test restorations every once in awhile to ensure the backup is functioning properly.

Website Transfers, Hosting Cancellation

Should you wish to transfer your website to another hosting provider, we will compile a backup of your website files and database and provide it to you at regular billable rates. Any outstanding invoices including the backup transfer invoice must be paid in full prior to release of the backup files.

You may cancel your website hosting at anytime and request a pro-rated refund for the unused portion of prepaid hosting.

Unpaid Website Hosting Invoices

Should you not pay your website hosting invoice by the due date, we reserve the right to disable or terminate your hosting account following proper notification (email or phone) and attempts to collect payment.

EMAIL SERVICE:

Email services are no longer provided by our company. We do not offer technical support related to email services.

GRAPHIC DESIGN:

If we design something for you, you own it after you pay your invoice. We do not retain the rights to any work we do for you and bill you for. You own it.

If we design something for you and you decide you don't want it and don't pay your bill, we own it and can do what we want with it. You don't get to have it or use it. You don't pay for it, we own it.

If we provide graphic design services and press ready artwork, it is up to you to arrange for printing and you are responsible for proofing the printed product to ensure it meets your requirements.

If we provide graphic design services and arrange to print the files for you, we will ensure it meets your requirements.

CONFIDENTIALITY:

The Client and Consultant may disclose confidential information one to the other to facilitate work under this Agreement. It shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:

1. is already known to the party to which it is disclosed;
2. is or becomes part of the public domain without breach of this Agreement;
3. is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.

DESCRIPTION OF WORK:

All work to be done and applicable fees are detailed on the Estimate, Quote or Proposal provided to the Client by the Consultant.

DUE DATES AND COMPLETION:

The Consultant and the Client must work together to complete the web project in a timely manner.

The web project will be completed in accordance to schedule as outlined in estimate or quotation. Client agrees to provide Consultant with any and all content, graphics, and other information necessary to complete the web project within sixty (60) days of the date the Agreement is signed. Should Client not provide Consultant with all content, graphics, and other information within sixty (60) days of the date the Agreement is signed, additional fees may be applied.

TEXT FOR CONTENT

Final text is to be supplied by the Client unless included in the scope of work. If not included in the scope of work, writing or content creation can be provided by the Consultant at standard billable rates if required.

IMAGES

The Client agrees to provide all images, logos as required. If not included in the scope of work, photography services or stock photographs can be made available by the Consultant at standard billable rates.

GRAPHIC CREATION

All graphics (logos, artwork, or other) will be provided by client. Creation of these graphical elements are available at standard billable rates.

CROSS BROWSER COMPATIBILITY:

This agreement includes the creation of a Web site viewable in the latest versions of major browsers (including Microsoft Edge, Firefox, and Google Chrome.) Previous and future versions of browsers are not guaranteed compatible.

Compatibility is defined herein as all critical elements of each page being viewable and functional in all browsers. Client is aware that advanced techniques on the Internet incorporated into the site design may require a more recent browser version, type or plug-in.

Client is also aware that as new browser versions of browser types are developed, the new browser versions may not be backward compatible. Revisions to website code for updated browser compatibility are available at standard billable rates.

FEES & ADDITIONAL SERVICES & CLIENT AMENDMENTS:

Changes in client input or direction, significant page changes, or excessive changes will be charged in addition to the agreed contract. Any work the Client wishes Consultant to create, which is not specified in the Estimate or Proposal, or in the PROJECT OVERVIEW documentation will be considered an additional service, or new client request (NCR) item. Such Work shall require a separate Agreement and payment separate from and above that specified in this Agreement.

Examples include:

  • restructuring or substantial redesign of the website template
  • restructuring or substantial redesign of database structure
  • substantial redesign of web graphics
  • revising or creating a new navigational structure
  • replacing more than 50% of content or text
  • delays in providing or proofing of content resulting in work beyond agreed upon completion timelines

Clients who anticipate substantial revisions, or frequent design changes throughout the creation process, or who wish to be intricately involved in the design and development are encouraged to negotiate these additional terms prior to commencement of project.

Moderate site changes will be accommodated within scope of project, significant changes will be subject to standard billable rates.

EXPENSES:

Client agrees to reimburse Consultant for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Stock photography, Travel, Long Distance Telephone Consultation)

ASSIGNMENT OF WORK:

Consultant reserves the right to assign other designers or subcontractors to the Work to ensure quality and on-time completion.

RESERVATION OF RIGHTS:

All rights not expressly granted hereunder are reserved to Consultant, including but not limited to all rights in sketches, comps, or other preliminary materials.

PUBLICATION:

The Client may publish or disclose information regarding the Work and shall acknowledge the support of Consultant in all such publications. The Client will not use the name of Consultant, in any advertising or publicity without the prior written approval from the Consultant. The Consultant will not use the name of Client, in any advertising or publicity without the prior written approval from the Client.

COPYRIGHT NOTICE:

Copyright is in Consultant's name. Upon completion of Work, the copyright will only be released to the Client upon payment in full of any outstanding fees related to the project.

The Client represents to the Consultant and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Consultant for inclusion in the Client's website or design project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Consultant and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

MAINTENANCE:

Ongoing maintenance by the Consultant will be billed at standard labour rates unless an alternate contract has been specified.

THIRD PARTY OR CLIENT PAGE MODIFICATION:

While our sites are designed to be updated by the Client or Third Parties, we cannot be held responsible for updates which break or damage the website. Standard billable rates apply to repair or correct errors and issues created by Client or Third Party updates.

A one hour minimum charge is applicable.

BACKUPS AND ARCHIVES:

While the Consultant does perform regular backups of our webserver and Client websites, we do not and cannot guarantee the validity of these backups. These backups are done as part of the Consultants preventative maintenance plans.

Clients who wish to have regular backups of their website and content are encouraged to discuss the options available to them with the Consultant including archival backup to DVD, or offsite backup.

OPTIONAL SEARCH ENGINE OPTIMIZATION:

If requested or included in the project scope, the Consultant will optimize the Client's website with relevant titles, keywords, descriptions and text for basic search engine rankings. Advanced search engine optimization and site promotion services are available upon request and are subject to standard billable rates.

INDEMNIFICATION:

The Client agrees that it shall defend, indemnify, save and hold the Consultant harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Consultant's development of the Client's Web site. This includes Liabilities asserted against the Consultant, its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. Client also agrees to defend, indemnify and hold harmless the Consultant against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

ELECTRONIC COMMERCE:

The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Consultant and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. Client also understands that the Consultant cannot provide legal advice or recommendations.

TERMINATION OF WORK, PROJECT TERMINATION FEES:

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that Work is postponed or terminated at the request of the Client, Consultant shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within thirty days of the Client's written notification to stop work. In the event of termination, the Client shall also pay any expenses incurred by Consultant and the Consultant shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.

The Client and Consultant are independent parties and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.

This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the Country of Canada applicable therein.

ARBITRATION:

Any disputes in excess of $1,000 (or the maximum limit for small claims court) arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator suitor pursuant to the rules of the province of British Columbia. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client shall pay all arbitration and court costs, reasonable attorney's fees and legal interest on any award or judgment in favor of the Consultant.

Image Build Team
Box 6636
Fort St. John, BC
V1J 4J1

[email protected] | 250-663-8839

UPDATED: 2024-05