Terms & Disclosures

The Company agrees to design, build, and host a custom website for the Client with an initial setup and design fee of $0 CAD ("Free Website Build").

In exchange for the Free Website Build, the Client explicitly agrees to a mandatory minimum subscription term of twelve (12) consecutive months ("Minimum Commitment Period") at the monthly subscription rate selected at checkout (shown in CAD).

The subscription begins immediately upon the initial checkout date and automatically renews on a month-to-month basis after the 12th month until cancelled by the Client in accordance with Section 4.

The Client agrees to provide all necessary text, branding, imagery, and credentials required to build the website in a timely manner.

If the Client fails to provide requested materials within fourteen (14) calendar days of a formal written request, the Company reserves the right to launch the website using placeholder content (e.g., standard stock images and Lorem Ipsum text).

Upon this placeholder launch, the website will be deemed "delivered" and the 12-month Minimum Commitment Period and active monthly billing cycle will immediately commence.

The monthly subscription includes up to two (2) hours of standard design and content updates per billing cycle. Unused hours do not roll over to subsequent months.

Any structural modifications, new page additions, or complex custom functionality requests exceeding the 2-hour monthly limit are outside the scope of standard maintenance. Such requests will be billed at the Company's standard agency rate (shown on the pricing page and confirmed in writing before work begins), subject to a separate quote and Client approval before work begins.

If the Client cancels, defaults on payments, or terminates this Agreement prior to completing the 12-month Minimum Commitment Period, the Client agrees to pay an Early Termination Fee.

The Early Termination Fee shall be equal to 100% of the remaining monthly payments left on the 12-month term, or a flat breach-of-contract fee of $1,500 CAD (representing the fair market value of the initial website design), whichever is lesser. This amount becomes immediately due and payable upon termination notice or default.

All website layout designs, custom graphics, source code, and the domain name registration (the "Website Assets") remain the sole intellectual property of the Company during the subscription term.

The Company retains full ownership of any code, features, or functionality improvements developed during the subscription, including those requested or inspired by the Client. The Client is granted a temporary license to use these features during the active subscription.

Following the successful completion of the 12-month Minimum Commitment Period, the Client may request full ownership transfer of the domain name and website files.

Website asset and domain transfer are strictly contingent upon the payment of a flat Website Migration and IP Buyout Fee of $750 CAD. No transfer codes, domain handovers, or source files will be released to the Client until this balance is paid in full. Handed-over assets are licensed for use on one single domain only.

If a monthly subscription payment fails, the Company will automatically re-attempt charges. If payment remains outstanding for more than seven (7) calendar days past the due date, the Company reserves the right to immediately suspend or pause the live website without notice.

Either party may terminate this agreement immediately if the other party becomes insolvent, files for bankruptcy, enters receivership, or ceases to conduct business operations. If the Client goes out of business or files for insolvency, all licenses to use the website design are instantly revoked, and the Company retains full ownership of the domain and files.

The Client warrants that they will not use the website to host, publish, or distribute illegal, defamatory, pirated, or sexually explicit content, nor use the site for spam or phishing operations.

The Company reserves the right to immediately suspend or permanently delete the website, without refund, if it receives a valid legal complaint, copyright infringement notice, or determines at its sole discretion that the Client has violated this Acceptable Use Policy.

Accessibility: While the Company utilizes modern web design practices, the Company makes no warranty or guarantee that the website complies with the Accessible Canada Act (ACA), the Americans with Disabilities Act (ADA), or the Web Content Accessibility Guidelines (WCAG), unless expressly contracted in a separate Accessibility Audit agreement.

Data Privacy: The Client is the sole "Data Controller" of any consumer data collected through the website. The Client is 100% responsible for drafting their own Privacy Policy, securing necessary consumer consent, and complying with all applicable privacy laws, including PIPEDA and CASL.

The Client guarantees that all text, imagery, trademarks, logos, and fonts provided to the Company for inclusion on the website are owned by the Client, or that the Client has explicit permission to use them.

The Client agrees to indemnify, defend, and hold harmless the Company from any and all claims, copyright infringement lawsuits, or demands arising out of materials provided by the Client.

The Company provides hosting and maintenance on an "as-is" basis. The Company is not liable for any lost profits, lost revenue, data loss, or business interruption caused by server downtime, technical glitches, or website offline periods.

The maximum aggregate liability of the Company to the Client for any claims arising out of this agreement shall never exceed the total amount of monthly subscription fees actually paid by the Client to the Company during the three (3) months immediately preceding the claim.

This Agreement shall be governed by, and construed in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any legal disputes shall be handled online via the BC Civil Resolution Tribunal (CRT) or within the courts located in Vancouver, British Columbia.

ARCINFOTECH · British Columbia, Canada

Email: info@arcinfotech.net