Terms of Service
1. Acceptance of Terms
By engaging in services with Bountiful Web (“Company”, “we”, “us”, or “our”), you (“Client”, “you”, or “your”) agree to be bound by these Terms of Service (“Terms”). These Terms govern your access to and use of our services, including web design, development, hosting, and maintenance services. If you do not agree to these Terms, you may not use our services.
2. Services
We provide a variety of web-related services, including but not limited to web design, development, hosting, and maintenance. Specific terms and conditions for each service will be detailed in our proposal or agreement with you.
3. Payment and Fees
3.1. Payment: You agree to pay the fees specified in the proposal or agreement. Payments are due upon receipt unless otherwise stated.
3.2. Deposits: A deposit based on the project estimate must be paid upfront before any work begins. This deposit is non-refundable.
3.3. Payment Schedule: Typically, 50% of the project estimate is due upfront as a deposit, with the remaining 50% due upon project completion.
3.4. Work Stoppage: We reserve the right to stop work if payment is not received according to the agreed schedule.
3.5. Ownership of Work: Ownership of the work, including all design and development files, remains with us until full payment is received.
3.6. Late Payment: Late payments may incur a late fee of 1.5% per month or the highest amount allowed by law, whichever is less.
3.7. Collection Costs: You are responsible for any costs incurred in collecting overdue payments, including legal fees.
3.8. Additional Costs: You are responsible for any additional costs incurred during the project, such as third-party services, plugins, or additional development hours beyond the initial scope.
4. Termination
4.1. By Client: You may terminate the service agreement at any time with 30 days’ written notice. Fees for services rendered up to the termination date will be due and payable.
4.2. By Company: We may terminate the service agreement if you breach any of these Terms or fail to make timely payments.
5. Intellectual Property
5.1. Ownership: Upon full payment, you will own the final web design and development. We retain ownership of any pre-existing intellectual property, including proprietary code, frameworks, or tools used in the project.
5.2. License: We grant you a non-exclusive, non-transferable license to use our intellectual property for the purposes outlined in our agreement.
6. Confidentiality
We agree to keep your confidential information private and not disclose it to third parties without your consent, except as required by law.
7. Warranties and Disclaimers
7.1. Warranty: We warrant that our services will be performed in a professional manner. We do not guarantee that our services will be error-free or uninterrupted.
7.2. Disclaimer: Except as expressly provided herein, our services are provided “as is” and we disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability
To the fullest extent permitted by law, our total liability to you for any claim arising out of or relating to our services is limited to the amount you paid for the services. We will not be liable for any indirect, incidental, special, or consequential damages.
9. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, damages, liabilities, costs, and expenses arising from your use of our services or any breach of these Terms.
10. Governing Law
These Terms are governed by the laws of the Province of British Columbia, Canada. Any disputes arising out of or relating to these Terms will be resolved in the courts located in British Columbia.
11. Amendments
We may amend these Terms from time to time. Any changes will be effective upon posting the revised Terms on our website. Your continued use of our services constitutes your acceptance of the revised Terms.
12. Entire Agreement
These Terms, along with any proposal or agreement, constitute the entire agreement between you and us regarding our services and supersede all prior agreements and understandings.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
14. Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to mediation before any legal action is taken.
15. Client Acknowledgment
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
16. Contact Information
For any questions about these Terms, please contact us at:
Bountiful Web
Email: contact@bountifulweb.com
Phone: 250-703-3552
Acknowledgment Form
Please acknowledge your acceptance of our Terms of Service by completing the form below. By submitting this form, you confirm that you have read, understood, and agree to be bound by these Terms of Service.