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Terms & Conditions

Effective Date: June 1, 2024

Welcome to Infrastructure Tech Services (“we,” “our,” or “us”). By accessing or using our website, services, or products, you agree to comply with these Terms and Conditions. Please read them carefully.

1. Services Offered

We provide custom web design and development, search engine optimization (SEO), and pay-per-click (PPC) ad management services tailored to meet your business needs.

2. Acceptance of Terms

By engaging our services or accessing our website, you agree to these Terms and Conditions. If you do not agree, you may not use our services.

3. Client Responsibilities

3.1 Information Sharing

  • Clients must provide accurate and timely information required for the project (e.g., content, images, business details).
  • Any delays in delivering requested materials may affect project timelines.

3.2 Approvals

All final approvals (designs, content, campaigns) must be submitted in writing before moving to the next phase.

3.3 Content and Materials

  • Clients are responsible for providing all required content, including text, images, logos, and other assets, in a timely manner.
  • Content must be delivered in a suitable format as specified by us (e.g., text in Word documents, high-resolution images).

3.4 Intellectual Property Assurance

  • Clients guarantee that any materials they provide (e.g., images, logos) are free from copyright infringement and have the appropriate rights for use.
  • We are not liable for disputes arising from the use of client-provided materials.

3.5 Deadlines and Approvals

  • Clients agree to respond to our requests for feedback and approvals within 5 business days.
  • Delays in responses may result in project timeline extensions or additional charges.

3.6 Technical Access

  • Clients must provide required access to hosting, domains, or other technical platforms necessary for the completion of the project.
  • Failure to provide access may result in delays or additional charges for troubleshooting or alternate solutions.

4. Pricing and Payments

4.1 Payment Terms

  • A deposit of 50% is required before starting the project. The remaining balance is due upon completion unless otherwise stated in the proposal.
  • For recurring services (e.g., SEO, PPC), payments are due monthly.

4.2 Late Payments

Late payments are subject to a 3% fee. If payment is overdue by more than 30 days, services may be paused.

4.3 Scope Changes

Prices do not include applicable taxes, fees, or transaction charges. These will be added to the final invoice as required by law.

4.4 Taxes and Fees

Prices do not include applicable taxes, fees, or transaction charges. These will be added to the final invoice as required by law.

4.5 Payment Methods

Payments can be made via bank transfer, or credit card. Additional fees may apply for certain payment methods.

4.6 Recurring Services

  • For recurring services like SEO or PPC, payments are due monthly on the agreed billing date.
  • Clients may cancel recurring services with 30 days’ written notice, but payments already made are non-refundable.

4.7 Disputes and Chargebacks

  • Clients agree to contact us directly to resolve any disputes before initiating chargebacks or disputes with payment processors.
  • Unauthorized chargebacks may result in termination of services and potential legal action.

4.8 Early Termination

If a project is terminated early by the client, we will invoice for work completed up to the termination date, including a prorated amount for any partially completed tasks.

5. Ownership and Rights

5.1 Website Ownership

Upon full payment, the client owns the completed website and any associated designs, excluding third-party tools or assets.

5.2 Content Ownership

Clients retain ownership of content provided to us. We are not liable for copyright issues related to client-provided materials.

5.3 Third-Party Licenses

  • Any third-party tools, plugins, or assets used in the project (e.g., stock images, fonts, or software) remain the property of their respective owners.
  • Clients are responsible for maintaining licenses or subscriptions for any third-party tools integrated into their website unless otherwise stated in a maintenance agreement.
  • If a license expires or a third-party service is discontinued, we are not responsible for issues arising from its absence.

5.4 Credit and Attribution

  • We reserve the right to include a discreet credit link on the website footer (e.g., “Designed by Infrastructure Tech Services”), unless agreed otherwise in writing.
  • Clients may request the removal of the credit link for an additional fee.

5.5 Portfolio Use

We reserve the right to showcase completed projects, including screenshots and descriptions, in our portfolio and marketing materials unless explicitly prohibited in writing by the client.

5.6 Non-Transferable Designs

The final deliverables are tailored to the client’s specific needs and may not be resold, redistributed, or transferred without our prior written consent.

6. Revisions and Changes

6.1 Revision Limits

  • Design revisions are limited to 2 rounds unless specified in the proposal.
  • Additional revisions may incur extra charges.

6.2 Post-Approval Changes

Changes requested after final approval will be billed separately at an hourly rate.

6.3 Unused Revision Rounds

Any unused revision rounds included in the project scope are non-refundable and cannot be carried forward to other projects or phases.

6.4 Scope Creep

  • Revisions or requests outside the agreed-upon project scope will be billed at our hourly rate or as per an additional quote.
  • Examples include:
    • Adding extra pages not specified in the original agreement.
    • Modifying previously approved designs.
    • Incorporating additional functionality not included in the proposal.

6.5 Timeline for Revisions

Clients must submit all revision requests within 5 business days of receiving a deliverable. Revisions requested beyond this period may incur additional charges and impact the project timeline.

6.6 Design Standards and Limitations

Revisions will align with the original project scope and industry best practices. Requests that compromise design integrity or usability may be declined or completed at an additional cost.

6.7 Post-Launch Revisions

Changes or updates requested after project completion and approval will be considered new work and billed at an hourly rate or as per a new proposal.

7. Refund Policy

7.1 Refund Eligibility

  • Refunds are only applicable if services have not commenced or if agreed deliverables have not been provided.
  • Work that has already been completed and delivered is non-refundable, even if the project is terminated early.

7.2 Non-Refundable Items

  • Deposits or setup fees are non-refundable as they cover initial planning, resource allocation, and administrative costs.
  • Fees for third-party tools, licenses, or subscriptions purchased on behalf of the client are non-refundable.

7.3 Service-Specific Refunds

  • For recurring services (e.g., SEO, PPC), refunds will not be provided for the current billing period. Clients must cancel at least 2 days before the next billing cycle to avoid further charges.
  • If a client opts to terminate an ongoing project, a prorated refund may be issued based on the percentage of work completed at the time of termination.

7.4 Maintenance Services

Maintenance fees are non-refundable once services begin for the billing period. Clients are responsible for cancelling recurring maintenance plans in advance of the next billing cycle.

8. Third-Party Tools or Services

8.1 Client Responsibility

  • Clients are responsible for the costs of third-party tools or subscriptions used in their projects, unless covered under a separate maintenance agreement.
  • Failure to renew required licenses or subscriptions may lead to website issues or downtime. We are not liable for any losses caused by expired tools.

8.2 Plugin and Software Compatibility

  • We ensure all third-party plugins and software are compatible with your website at the time of delivery.
  • Post-launch changes to software or hosting environments may cause compatibility issues. These will be addressed at an additional cost if the client does not have a maintenance plan.

8.3 Limitations of Liability

  • We are not responsible for issues caused by third-party tools or services, including but not limited to:
    • Discontinuation of a plugin or service.
    • Security vulnerabilities in third-party software.
    • Performance issues related to external hosting providers.

8.4 Updates and Maintenance

  • Our maintenance plans include updating and monitoring third-party plugins to ensure continued functionality and security.
  • Clients without a maintenance plan will be responsible for managing updates, and any resulting issues will be resolved at our standard hourly rate.

8.5 Hosted Websites

  • For websites hosted on client-managed servers, we are not liable for downtime, performance issues, or data loss caused by the hosting provider.
  • We recommend using hosting services we’ve vetted and approved for optimal compatibility and support.
  • For clients who host their websites independently, support for issues related to third-party tools will be provided at an hourly rate or under a separate support agreement.

8.6 Service Disruptions

PPC campaign results depend on market conditions, competition, and budget allocation. While we strive to maximize ROI, specific outcomes (e.g., sales or lead volume) cannot be guaranteed.

9. Service Limitations

9.1 Search Engine Rankings and Algorithm Changes

  • We cannot guarantee specific search engine rankings due to factors outside our control, such as changes in search engine algorithms or competitor activity.
  • SEO performance improvements depend on various factors, including the client’s content quality and adherence to our recommendations.

9.2 Ad Performance for PPC

PPC campaign results depend on market conditions, competition, and budget allocation. While we strive to maximize ROI, specific outcomes (e.g., sales or lead volume) cannot be guaranteed.

9.3 Website and Hosting Environment

  • We are not responsible for issues arising from client-managed hosting environments or changes made to the website by third parties post-launch.
  • Any required troubleshooting or fixes will be billed at our standard hourly rate.

9.4 Industry-Specific Compliance

  • Clients are responsible for ensuring their website complies with industry-specific regulations (e.g., accessibility laws, privacy policies).
  • We can assist with compliance efforts upon request but do not assume liability for non-compliance.

9.5 Client-Requested Changes

Modifications requested by the client that deviate from best practices (e.g., overloading keywords or ignoring mobile optimization) may negatively impact performance. We are not liable for the consequences of such changes.

10. Confidentiality

10.1 Non-Disclosure of Sensitive Information

  • We will not disclose, share, or use any confidential information provided by the client for purposes other than fulfilling the agreed-upon services.
  • Confidential information includes, but is not limited to, business plans, customer data, and proprietary materials.

10.2 Data Protection

  • Any client data we handle will be stored securely and used solely for project-related purposes.
  • We comply with applicable data protection regulations, such as [GDPR/Canada’s PIPEDA, etc.], to safeguard client information.

10.3 Portfolio and Marketing Use

  • Unless explicitly restricted by the client, we reserve the right to feature completed projects, including screenshots and case studies, in our portfolio and marketing materials.
  • Client logos or branding will not be displayed in marketing materials without prior approval.

10.4 Third-Party Access

If clients require us to work with third-party vendors (e.g., hosting providers or marketing agencies), we may share relevant project information as needed to complete the services.

10.5 Post-Termination Data Retention

Upon termination of services, we will retain project-related files for up to [X months] for archival purposes unless otherwise requested. After this period, files will be securely deleted.

11. Termination of Services

11.1 By Client

Clients may terminate services with a 30-day written notice for recurring services.

11.2 By Us

We reserve the right to terminate services for violations of these terms or non-payment.

11.3 Transition Assistance

  • Upon termination, we may, at our discretion, provide transition assistance to help the client migrate assets to another provider.
  • Transition assistance will be billed at our standard hourly rate and is contingent upon the client’s account being in good standing.

11.4 Suspension of Services

  • We reserve the right to suspend services in cases of non-payment, uncooperative client behavior, or requests outside the agreed-upon scope.
  • Services will resume only after the issue is resolved, and any additional costs incurred during the suspension period will be billed to the client.

11.5 Ownership of Work Upon Termination

  • Upon termination, ownership of completed work will transfer to the client only after all outstanding payments have been received.
  • Drafts, incomplete work, and proprietary tools or methods remain the property of Infrastructure Tech Services.

11.6 Post-Termination Liability

We are not responsible for website downtime, loss of data, or performance issues arising after termination if the client assumes control of hosting, maintenance, or third-party tools.

12. Force Majeure Clause

We are not liable for delays or failure to perform our obligations due to events beyond our reasonable control, including but not limited to natural disasters, government actions, pandemics, labor strikes, or disruptions in internet or communication services. If such events occur, we will make reasonable efforts to resume services as soon as possible.

13. Liability Limitations

13.1 General Liability

Infrastructure Tech Services is not liable for any direct, indirect, incidental, or consequential damages arising from the use of our services or the inability to use them, including but not limited to:

  • Loss of data, revenue, or business opportunities.
  • Interruptions in service caused by hosting providers, third-party tools, or unforeseen technical issues.

13.2 Client-Provided Content

  • We are not responsible for errors, copyright violations, or legal issues resulting from the use of client-provided content, including text, images, or other materials.
  • Clients are solely responsible for ensuring the accuracy and legality of the content they provide.

13.3 Third-Party Tools and Services

  • Infrastructure Tech Services is not liable for issues caused by third-party tools, software, or services integrated into the client’s website or campaigns, including:
    • Plugin or software malfunctions.
    • Discontinuation of third-party services.
    • Security vulnerabilities arising from third-party tools.

13.4 Performance Guarantees

  • While we strive to deliver exceptional results, we cannot guarantee specific outcomes, including but not limited to:
    • Search engine rankings, PPC campaign performance, or lead generation.
    • Website performance impacted by factors outside our control, such as changes in search engine algorithms or industry competition.

13.5 Security and Data Breaches

  • We take reasonable measures to secure client data and website infrastructure. However, we are not liable for:
    • Cyberattacks, data breaches, or unauthorized access to client systems.
    • Loss of data due to client negligence, such as weak passwords or lack of security updates.

13.6 Hosting and Maintenance

  • For websites hosted on client-managed servers or maintained without a service agreement, we are not responsible for:
    • Website downtime or performance issues caused by hosting providers.
    • Issues arising from outdated plugins, themes, or other third-party integrations.

13.7 Limitation of Liability

  • Our total liability for any claim arising from our services is limited to the total fees paid by the client for the specific service related to the claim.
  • This limitation applies regardless of the nature of the claim, including breach of contract, negligence, or any other legal theory.

14. Changes to These Terms

We reserve the right to update these Terms and Conditions at any time. Any changes will be effective upon posting to this page.

15. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:
Email: info@infrastructuretechservices.ca
Phone: 226-448-2485
Address: 506 – 310 Dundas St LONDON, ON, N6B 1W3