Effective as of June 17, 2024

Thank you for choosing Build An Online Business!

I’m Jef van de Graaf, the Creative Director here, and I want to personally welcome you.

I’ll always do my best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong.

You won’t find any complicated legal terms or long passages of unreadable text in this contract. I have no desire to trick you into signing something you might regret later. I want what’s best for both parties, now and in the future.

These Terms of Service ("Terms") govern your use of the services provided by BuildAnOnlineBusiness.ca, owned and operated by 10960039 Canada Inc. By accepting a quote or using our services, you agree to these Terms.

If you do not accept these Terms, do not purchase, access or use BuildAnOnlineBusiness.ca Services in any way.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15 WHICH AFFECTS HOW DISPUTES ARE RESOLVED.

JEF VAN DE GRAAF™
Creative Director
Build An Online Business

2. Project Scope and Changes

Any complexity related to specific tasks must be advised in advance and included in the proposal. Discrepancies due to unclear requirements are not our responsibility.
Limited work-hours are allocated to each task, including project management, business analysis, and creative reviews. Additional hours are charged at C$150 per hour plus applicable taxes.
We strive to complete projects within the given time frame. Delays due to client changes or input may incur additional costs.
Any rework on completed tasks or changes after design approval will incur additional charges.

3. Payment Terms

All prices are quoted in Canadian dollars and include HST unless specified.
Payments must be made as per the invoice schedule. Milestone payments are due within 5 working days of the milestone/schedule. Final payment is required before the website/project goes live.
Late payments incur a 10% fee and a C$150 per month administration fee. Outstanding invoices may be referred to a debt collector.
No refund policy: Once work has commenced, payments are non-refundable.

4. Development Process

Upon quote acceptance, an initiation payment is required to start the project.
Design mock-ups are provided directly within WordPress and reviewed and approved within 5 to 10 working days.
We will have a live walkthrough meeting (optional) to review the site together. Collaboration tools may also be installed for clients to review and make suggestions for revisions/changes directly on the website.
Content transfer is done as much as possible; additional content can be transferred by the client's designated staff with our guidance.

5. Website Design Packages & Prices

As part of our commitment to delivering a comprehensive website solutions, we include the creation of original written content tailored to your brand and objectives. This service is structured as follows, based on the package you select:

Starter Package: Includes the creation of original written content for up to 5 pages.
Professional Package: Includes the creation of original written content for up to 10 pages.
Premium Package: Includes the creation of original written content for up to 20 pages.

Our content creation service encompasses the development of engaging, SEO-optimized text that reflects your brand's voice and appeals to your target audience.

A custom, tailored price can also be provided, given the unique needs and challenges of every business.

6. Search Engine Optimization (SEO)

The visibility of your website on search engine results pages (SERPs) can be crucial to your online success. This is where Search Engine Optimization (SEO) plays a pivotal role. SEO is the art and science of enhancing your website’s visibility to search engines for relevant queries. It involves a comprehensive array of strategies, techniques, and best practices aimed at improving your site's ranking and presence on search engines like Google, Bing, and others.

You acknowledge that while we bring a wealth of industry knowledge, experience, and best practices to the table, the intricacies of SEO mean that we cannot guarantee specific improvements to your search engine ranking.

Search engines frequently update their algorithms, and these changes can impact rankings in unpredictable ways. However, we are committed to employing the latest SEO strategies and techniques to enhance the accessibility and visibility of your website to search engines. This includes, but is not limited to, keyword research and optimization, content creation and optimization, technical SEO (such as site speed and mobile friendliness), and building a healthy profile of backlinks.

It's important to understand that SEO is a long-term investment. Significant improvements in search engine rankings may take time and require consistent effort. Our approach is to lay a solid SEO foundation for your website and to implement strategies that align with search engine best practices. This dedication aims to not only improve your site's ranking but also to sustain these improvements over time.

By engaging in this SEO journey together, you entrust us with the task of navigating the complexities of search engine algorithms to enhance your website’s search engine presence. In return, we assure you of our unwavering commitment to apply our expertise and knowledge towards achieving the best possible outcomes within the realms of what is achievable under the SEO guidelines and practices that govern websites at the time of this agreement.

7. Testing

You understand that browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. You agree it does mean ensuring someone’s experience of a design should be appropriate to the capabilities of their browser or device.

We will test our work only in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), and Mozilla (Firefox). We won’t test in older versions unless agreed separately. If you need an enhanced design for an older browser or specific device, we will provide a separate estimate for that.

We will test your design using the latest versions of:

iOS: Safari on iPhone and iPad
Android: Google Chrome

We won’t test specific Android devices, or other mobile browsers unless we agree separately. If you need us to test using alternative devices, we will provide a separate estimate.

8. Graphics and Photographs

We acknowledge the significant role that visual elements play in the impact of your website. As part of our design process, we will dedicate time to selecting initial high-quality images and graphics that align with your brand and website design. This includes:

Provision of initial mockup images, including sourcing of stock images as necessary.
Assistance in selecting editable, vector digital graphics in formats such as Adobe Illustrator (Ai) or EPS, and high-resolution photographs.

Please note, while we strive to select images that best fit your vision from the outset, revisions to the chosen images based on your feedback will be accommodated via a website commenting tool.

Should you request replacement or additional images beyond the initial selection, please be aware that this may necessitate a separate estimate, as it extends beyond the scope of initial design and mockup stages.

9. Pre-Launch Signoff & Hosting Transition

Prior to your website going live, it is essential to review and sign the Pre-Launch Agreement.
For clients not on our managed hosting plans, we provide a one-time service to assist with the transfer to another hosting provider for a fee of C$300 plus applicable taxes.
Transferring your site to your own hosting with Kinsta is done free of charge, as we proudly use Kinsta to manage all client and personal websites. We highly recommend Kinsta for its reliability and performance.

10. Managed WordPress Maintenance Plans

We offer managed WordPress maintenance solutions tailored to your needs. Our plans ensure that your website remains secure, fast, and up-to-date, allowing you to focus on your business without worrying about the technical details.

Plans:

Maintain (Basic Care): C$99/month, includes regular updates, security monitoring, and basic content edits.
Support (Premium Care): C$299/month, includes everything in the Basic Care plan, plus enhanced support for content updates, feature additions, and priority service.

Billing:

Managed hosting services are billed automatically through Wave or Stripe. Payment is due monthly or annually, depending on your selected plan.

Cancellation and Termination:

Clients can cancel managed hosting plans with 30 days' written notice.
If a client stops paying, services will be terminated after a 3-month grace period, during which we will attempt to contact the client and offer solutions. After this period, if payment is not received, we reserve the right to turn off services.
Upon termination, we can assist with transferring the site to another provider for a one-time fee of C$300 plus applicable taxes. However, we are not responsible for any disruptions or data loss caused by the termination.

11. Third-Party Components

Cost Responsibility: The costs associated with third-party components (e.g., SSL certificates, payment gateways, Google AdWords) are not included in our quotes. If your project requires these components, you will be responsible for the additional costs.
Open-Source Products: We utilize open-source products like WordPress for building and maintaining websites. While we implement these tools, we do not take responsibility for any issues that may arise from their use or updates. Clients are advised to keep all components updated to ensure their website remains secure and functional.
Premium Themes and Plugins: Clients have the option to purchase their own licenses from a list of recommended themes and plugins. If a client chooses to transfer their website, they must purchase their own licenses to ensure the website continues to function as designed. We reserve the right to retain ownership of any licenses we purchase for designing the website. We can accommodate the use of any licenses clients want to purchase and own for their website.

12. Client Responsibilities

Clients must provide all business information and related materials within the first two weeks of the project.
Regular backups and updates are the client's responsibility unless covered by a managed hosting plan.
Clients must maintain the security of account passwords and ensure scripts under the hosting service are free from malicious content.

13. Disclaimers

Security: We implement commercially reasonable security measures to help protect the Services from threats. However, we cannot guarantee that our security measures will be error-free, that your website will always be secure, or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers.
Legal Disclaimer: EXCEPT AS OTHERWISE SET FORTH IN THESE TERMS, ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OF ANY KIND THAT THE SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL (i) MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS; (ii) OPERATE WITHOUT INTERRUPTION; (iii) ACHIEVE ANY INTENDED RESULT; (iv) BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES; OR (v) BE SECURE, ACCURATE, COMPLETE, FREE OF MALICIOUS ACTIVITY OR HARMFUL CODE, OR ERROR FREE.

14. Limitation of Liability

No Indirect Damages: NEITHER PARTY, ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, AFFILIATES, SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE, SAVINGS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING ALL LEVELS OF NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH IN THE AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Liability Cap: IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AGGREGATE AMOUNT OF FEES PAID OR OWED BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

15. Indemnity

Client Indemnification: You agree to defend, indemnify, and hold harmless us (and each of our owners, officers, directors, employees, agents, contractors, licensors, and affiliates) from and against any and all losses, costs, expenses, damages, injuries, and/or liability of any kind, including attorney’s fees, that we may incur or suffer as a result of any claims, suits, proceedings, or investigations asserted or commenced by any third party, which arise out of or are in any way connected with (i) your access to or use of our Services; (ii) your content (including Customer Applications); (iii) your breach or alleged breach of the Agreement; or (iv) your violation of any law or the rights of a third party. We reserve the right, in our sole discretion, to control any action or proceeding, including the selection of counsel, and determine whether we wish to settle it, and if so, on what terms, in which event you will cooperate with us in asserting any available defenses.

16. Communication and Updates

All communications are generally conducted via email. Clients must keep us updated with relevant email addresses.
Regular project updates are provided through emails, Loom video recordings, and/or video calls as required.

17. Rescheduling and Meeting Cancellation Fees

Rescheduling requests must be made at least 48 hours in advance. Rescheduling with less than 48 hours' notice will incur a fee of C$150.
If a meeting is missed or canceled without prior notice, a fee of C$150 will be charged.

18. Intellectual Property and Copyright

Upon full payment, clients are granted a license to use the graphics, texts, and images used in the published website.
Copyrights do not include the right to reuse or resell the programming code for other projects.
You guarantee that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide is original, or that you have the rights to use it. You also guarantee you have licenses to use images which are owned by photographers or have been purchased from stock libraries.
You agree to protect us from any claim by owners of copyrighted material. When our work requires licensed fonts or images from stock libraries, we’ll ask you to purchase them so you’ll be licensed to use them.
We guarantee our work is original. When you’ve paid us in full—and if this contract hasn’t been terminated—we’ll assign intellectual property rights to you as follows:
- You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.
- You also own text content, photographs and other data you provided, unless someone else owns them.
- We own any code (e.g., PHP, HTML, CSS) we produced and we license it to you for use on only this project.

19. Governing Law and Disputes

These Terms are governed by the laws of Ontario, Canada. Any disputes are subject to the exclusive jurisdiction of the courts in Ontario, Canada.

20. Amendments

We reserve the right to amend these Terms at any time. Clients will be notified of significant changes via email or our website.

These updated Terms of Service provide a comprehensive overview of our services, responsibilities, and policies. Please review them carefully and contact us if you have any questions or concerns.

Terms of Service

Table of contents

1. General Terms