Terms and Conditions
This agreement ("Agreement") is entered into between the client ("Client") and SYCG for web-related services. This document constitutes the entire agreement between SYCG and the Client for the conditions described herein, superseding all prior understandings, oral or otherwise. Any changes to this Agreement are at the sole discretion of SYCG, and the latest terms can be found on the company website (sycgeeks.ca/terms). Both parties intend to be legally bound by the terms and conditions of this Agreement as stated herein.
Definitions
Terms used in this Agreement and not otherwise defined shall have the following meanings:
- "Agreement" means this Agreement and any future written and executed amendments.
- "Client Content" means all materials supplied by the Client to SYCG for display or use on the Website, including text, audio, visual works, photos, and brand materials.
- "Website" means the website designed and maintained by SYCG for the Client.
- "Developer Materials" means any software, tools, HTML script, know-how, techniques, or ideas related to the design, development, or implementation of the Website.
- "Documentation" means user documents that fully explain the design and operation of the Website.
- "Web Site" means the branded site on the Internet designed, developed, and implemented for the Client by SYCG under this Agreement.
Copyright/Trademarks
The Client assures that they hold copyrights to all materials provided to SYCG for publication on the Website and assumes sole responsibility for copyright protection. The Client also affirms the right to use any trademarks, trade names, or service marks submitted. SYCG will not be legally responsible for claims or suits resulting from the use of illegal materials.
Project Delivery
If the Client intends to sell products or services through the Website, they are responsible for ensuring compliance with all relevant laws and regulations. SYCG will not accept responsibility for the Client's use of the Website for illegal purposes.
Source Code Intellectual Copyright
SYCG acknowledges that ownership of the website resides solely with the Client. SYCG does not retain any ownership rights to the created websites, including the source code.
Website Maintenance
SYCG provides 12 months of website maintenance to all clients to ensure quality and satisfaction. After the initial 12 months, maintenance and revisions will be charged at $100 per day. In the event of early termination, all payments for work completed to date must be paid.
Failure to Provide Required Website Content
If the Client fails to provide necessary content for the Website, SYCG reserves the right to halt work until content is provided and may adjust project timelines accordingly.
Payments
A 50% upfront deposit is required to commence work, with the remaining 50% due upon reaching the halfway point of the project. Payment can be made by visa, cash, or electronic transfer, with any balance due within 14 days of the initial invoice date. SYCG reserves the right to halt work on a project if payment is late.
Travel Time and Expenses
SYCG reserves the right to charge travel costs and work time costs if any representative needs to travel to client premises, unless otherwise stated in the contract.
Cancellation
In the event of Client dissatisfaction, the Client reserves the right to stop paying for services. Upon termination, all payments for work completed to date must be paid, and the Client remains liable to SYCG for such.
Waiver of Contractual Right
Failure by either party to enforce any provision of this Agreement does not waive the right to enforce such provision in the future. SYCG reserves the right to change or modify these terms at any time.
Governing Law
This Agreement shall be governed by the laws of Canada without reference to rules governing choice of laws. Any action relating to this Agreement must be pursued in British Columbia.
Severability
If any part of this Agreement is found to be invalid, the remaining parts shall remain valid and enforceable.
Duty to Cooperate
The successful completion of services requires full and mutual good faith and cooperation of both parties. SYCG reserves the right to take necessary actions to protect its value, reputation, and goodwill.
Moneyback Guarantee
SYCG offers a money-back guarantee if the website created does not function as intended or fails to deliver the expected results. If the Client is dissatisfied with the performance of the website, they may request a refund subject to the following conditions:
- The Client must notify SYCG of their dissatisfaction before the second payment is paid.
- SYCG will make reasonable efforts to rectify any issues or deficiencies with the website.
- If SYCG is unable to resolve the issues to the Client's satisfaction, the Client may request a refund of the amount paid, excluding any expenses incurred by SYCG for third-party services or additional features requested by the Client.
- The refund request must be made in writing and submitted to SYCG within 30 days of the initial notification of dissatisfaction.
- SYCG reserves the right to assess the validity of the refund request and may require evidence of the website's failure to meet agreed-upon specifications.
This money-back guarantee ensures that the Client can trust SYCG to deliver a website that meets their expectations or receive a refund of their payment.
This Agreement was last updated on March 30, 2024. Please refer to sycgeeks.ca/terms for the most current agreement.