Terms of service

01

Services

1.1 Project-based services

Project-based services are one-time engagements individually quoted in an Order Form. The Order Form will identify the scope, deliverables, fees, revision allowance, expected schedule, and any specific exclusions.

Depending on the Order Form, project services may include:

  • Website strategy, UI/UX design, responsive website design, and web development;

  • Framer, WordPress, Shopify, or other agreed platform implementation;

  • Landing pages, business websites, e-commerce interfaces, and content-management setup;

  • Brand identity, logos, visual systems, and brand guidelines;

  • Marketing materials, social-media graphics, digital assets, and print-ready files;

  • Basic animation, interaction design, and motion graphics; and

  • Website consultation, audits, optimization, migration, or redesign.

1.2 Monthly or subscription services

When identified in an Order Form, we may provide recurring design, website maintenance, or support services. Unless the Order Form states otherwise:

  • The plan is billed monthly and renews automatically until cancelled;

  • Requests are completed one at a time in the order received;

  • Revisions are included only while they remain within the original request and plan scope;

  • Estimated turnaround times are targets, not guaranteed deadlines;

  • Unused capacity does not roll over to a later billing period; and

  • The subscription and its capacity cannot be transferred or shared with another business.

“Unlimited” requests or revisions, if advertised, means that the Client may submit requests without a fixed numerical cap during an active subscription. It does not mean unlimited simultaneous work, guaranteed output volume, or work outside the agreed service categories. Output depends on request complexity, response times, and available working days.

1.3 Excluded services

Unless expressly included in an Order Form, services do not include:

  • Copywriting, legal writing, translation, photography, or video production;

  • Custom illustration, complex 3D rendering, or advanced motion graphics;

  • Native mobile-app development or complex custom backend systems;

  • Domain registration, hosting, premium fonts, stock assets, plugins, platform plans, or other third-party fees;

  • Ongoing content entry, technical support, security monitoring, backups, or maintenance after launch;

  • Search-engine ranking, paid advertising performance, or specific sales or conversion results;

  • Legal, tax, privacy, accessibility, trademark, or regulatory advice or certification; or

  • Work not reasonably described in the accepted scope.

Additional or excluded services may be added through a written change order or new quotation.

02

Proposals, estimates, and scope

Unless an Order Form states otherwise, quotations are valid for 30 days. Estimates are based on the information available when prepared. If assumptions change or previously undisclosed requirements arise, we may revise the price and schedule before continuing.

Only the deliverables expressly listed in the Order Form are included. New pages, features, integrations, design directions, content, or functionality constitute additional scope. We will notify the Client and obtain written approval for any additional fees or schedule changes before performing material out-of-scope work.

03

Client responsibilities

The Client will:

  • Provide an accurate project brief, requirements, brand guidelines, content, copy, images, credentials, and other reasonably required materials;

  • Ensure that all supplied materials are accurate, lawful, and properly licensed;

  • Designate one authorized point of contact who can provide consolidated feedback and approvals;

  • Respond to questions and provide feedback within three business days, unless otherwise agreed;

  • Review deliverables carefully, including spelling, prices, links, functionality, and factual information;

  • Secure all business, legal, privacy, accessibility, and regulatory approvals applicable to the Client’s operations; and

  • Pay third-party and platform charges required to operate the completed work.

The Client represents that it has the right to provide all text, images, logos, data, credentials, and other materials supplied to us. The Client will be responsible for claims arising from Client-provided materials or instructions that infringe another party’s rights or violate applicable law.

04

Schedule and delays

A project schedule begins after we receive the required deposit, signed or accepted Order Form, and all materials needed to begin. Dates are good-faith estimates unless the Order Form expressly identifies a deadline as guaranteed.

Client delays, incomplete materials, delayed approvals, changed requirements, third-party outages, or events beyond our reasonable control may extend the schedule. If the Client is unresponsive for 15 consecutive days, we may pause the project and reschedule it based on availability. If the Client remains unresponsive for 30 consecutive days, we may treat the project as cancelled under Section 12.

Rush work is subject to availability and may require an additional fee disclosed in advance.

05

Revisions and approvals

5.1 Project revisions

The number of included revision rounds will be stated in the Order Form. A revision round means one consolidated set of feedback provided at one time. Additional revisions are billed at the hourly rate or fixed fee disclosed before the additional work begins.

Revisions must remain consistent with the approved brief and design direction. A major change in concept, functionality, content structure, or previously approved direction is a scope change rather than a revision.

5.2 Subscription revisions

Subscription revisions are included while they remain within the original request and active plan scope. A major direction change or separate deliverable may be treated as a new request. Requests relating to completed work should normally be submitted within 14 days after delivery.

5.3 Approval

Written approval, publication, launch, use of a deliverable, or failure to identify a visible issue within five business days after a final review request will constitute acceptance, except for latent technical defects that could not reasonably have been discovered during review.

06

Fees and payment

6.1 Project payments

Unless the Order Form states otherwise:

  • A 50% deposit is required before work begins;

  • The remaining balance is due before launch, transfer, publication, or release of final production files;

  • Deposits reserve time and become non-refundable once work begins, except where applicable law requires otherwise; and

  • We may withhold unpublished work, credentials, transfers, source files, or final deliverables until all outstanding amounts are paid.

For larger projects, the Order Form may use milestone payments instead of a 50/50 structure.

6.2 Subscription payments

Recurring fees are charged on the subscription billing date. A valid automatic payment method may be required. The Client authorizes the recurring charges clearly identified in the Order Form until cancellation becomes effective.

6.3 Late or failed payments

Invoices are due on the date stated on the invoice. Overdue balances may accrue simple interest at 1.5% per month (18% per year), or the maximum lawful rate if lower. We may pause services, remove unpublished work from staging, or postpone launch while an account is overdue. Any failed-payment fee must be disclosed in the Order Form or invoice and may not exceed our reasonable processing cost.

The Client is responsible for applicable sales taxes and approved third-party expenses.

07

Third-party products and platforms

Websites and digital deliverables may depend on third-party platforms, hosting providers, domains, payment processors, plugins, APIs, fonts, stock assets, or other services. Those products are governed by their own terms, fees, licences, privacy practices, and availability.

We are not responsible for third-party outages, price changes, policy changes, discontinued functionality, security incidents, account suspensions, or changes made by the Client or another provider. The Client is responsible for maintaining required accounts, subscriptions, renewals, and credentials after handoff.

We will not knowingly include paid third-party assets without the Client’s approval. Any third-party component remains subject to its applicable licence and is not transferred beyond what that licence permits.

08

Intellectual property

8.1 Client materials

The Client retains ownership of materials it provides. The Client grants us a limited licence to use those materials solely to perform the services and exercise our rights under these Terms.

8.2 Final deliverables

After full payment, the Client receives ownership of the original final deliverables specifically created for and accepted by the Client, to the extent those rights are owned and transferable by us.

This transfer does not include:

  • Rejected concepts, drafts, experiments, or unused design directions;

  • Our pre-existing materials, methods, templates, components, code, systems, know-how, or tools;

  • Open-source software or third-party assets governed by separate licences; or

  • Fonts, plugins, platform components, subscriptions, or stock materials that cannot legally be transferred.

To the extent our reusable or pre-existing materials are embedded in a final deliverable, we grant the Client a perpetual, non-exclusive licence to use them as part of that deliverable for the Client’s business purposes.

8.3 Working and source files

Editable working files, design-source files, repositories, platform project transfers, and raw production files are included only if stated in the Order Form. Otherwise, they may be available for an additional fee. Standard exported deliverables may include PNG, JPG, SVG, PDF, or other formats identified in the Order Form.

8.4 Portfolio rights

Unless the parties agree otherwise in writing before work begins, we may display the Client’s name, logo, public final deliverables, and a factual description of the project in our portfolio, website, social media, awards submissions, and promotional materials after the project becomes public. Confidential information will not be disclosed.

09

Confidentiality

Each party will protect non-public business, technical, financial, and project information received from the other party and use it only for the engagement. Confidentiality does not apply to information that is publicly available without breach, independently developed, lawfully received from another source, or required to be disclosed by law.

We may use contractors or service providers who reasonably need access to information to perform the services, provided they are subject to appropriate confidentiality obligations. These obligations continue after the engagement ends.

10

Privacy, data, and website compliance

Each party will handle personal information in accordance with applicable privacy law. We will use personal information provided by the Client only as reasonably necessary to communicate, administer the engagement, receive payment, and perform the services.

Unless expressly included in the Order Form, the Client is responsible for determining and maintaining the completed website’s privacy policy, cookie or consent notices, terms, accessibility obligations, data-retention practices, marketing consents, and other legal disclosures. Our implementation of Client-approved language or tools is not legal advice or a guarantee of compliance.

The Client should not provide sensitive personal information, production databases, or unrestricted account credentials unless reasonably necessary. Where access is required, the Client should provide the minimum permissions necessary and revoke or rotate access after handoff.

11

Testing, warranty, and maintenance

Before launch, both parties will have a reasonable opportunity to test the deliverables. For 14 days after launch or final delivery, we will correct reproducible errors that cause the deliverables to materially fail to match the accepted Order Form, at no additional professional fee.

This limited correction period does not cover:

  • New features, content changes, or subjective design preferences;

  • Problems caused by Client changes or third parties;

  • Browser, device, plugin, platform, or operating-system changes occurring after delivery;

  • Third-party outages, malware, compromised credentials, or hosting failures; or

  • Issues outside the agreed scope.

Ongoing maintenance, updates, backups, monitoring, security, and support require a separate plan unless included in the Order Form.

12

Cancellation, suspension, and termination

12.1 Project cancellation by the Client

The Client may cancel a project by written notice. The Client must pay for work completed up to the cancellation date, approved expenses, non-cancellable commitments, and any completed milestone. The initial deposit will be credited against those amounts but remains non-refundable after work begins, except where applicable law requires otherwise. If payments exceed the amount properly owing, the excess will be refunded.

After payment of all cancellation amounts, the Client will receive completed and paid-for deliverables in their then-current form. Unfinished concepts and our working files are not included unless agreed in writing.

12.2 Subscription cancellation or pause

Unless the Order Form states otherwise, either party may cancel a monthly plan by giving 30 days’ written notice. The plan remains active and billable during the notice period. Subscription payments already charged are non-refundable and unused time does not roll over, except where applicable law requires otherwise.

A subscription may be paused only with our written approval and at least 15 days’ notice. Any pause duration, restart date, and holding fee must be agreed in writing.

12.3 Termination or suspension by us

We may suspend or terminate services if the Client fails to pay, materially breaches these Terms, requests unlawful or infringing work, abuses or threatens any person involved in the engagement, or fails to provide necessary cooperation. When the breach can reasonably be corrected, we will ordinarily provide seven days’ written notice to correct it before termination.

13

No guarantee of business results

We will perform the services with reasonable professional care. However, design, branding, websites, marketing assets, search visibility, and digital products depend on many factors outside our control. We do not guarantee traffic, rankings, leads, sales, conversion rates, revenue, regulatory approval, uninterrupted operation, or any particular commercial result.

Except for the express commitments in these Terms and the Order Form, the services and deliverables are provided “as is” to the fullest extent permitted by law.

14

Limitation of liability

To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, punitive, or consequential damages, or for lost profits, revenue, data, business opportunities, goodwill, or anticipated savings arising from the engagement.

To the fullest extent permitted by law, our total aggregate liability arising from a specific engagement will not exceed the professional fees actually paid to us for that engagement during the six months preceding the event giving rise to the claim.

These limitations do not apply where liability cannot legally be excluded or limited, including liability arising from fraud, wilful misconduct, or any non-waivable statutory right.

15

Indemnification

The Client will indemnify and hold us harmless from third-party claims, damages, and reasonable costs arising from Client-provided materials, Client instructions, the Client’s products or business practices, the Client’s unlawful use of the deliverables, or the Client’s breach of these Terms, except to the extent caused by our own breach, negligence, or wilful misconduct.

16

General terms

16.1 Independent contractor

We are an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, fiduciary, franchise, or agency relationship.

16.2 Force majeure

Neither party is responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, severe illness, labour disruptions, government action, widespread internet or utility failures, war, civil unrest, or third-party platform outages. Payment obligations for work already completed are not excused.

16.3 Electronic communications

The parties consent to conducting the engagement electronically. Electronic signatures, approvals, messages, and records may be used to form and administer the agreement, subject to applicable law.

16.4 Assignment

The Client may not assign the engagement without our prior written consent. We may use qualified subcontractors while remaining responsible for the services we have agreed to provide.

16.5 Notices

Notices under these Terms must be sent by email or another written communication method used by the parties for the project. A cancellation or legal notice is effective when receipt is acknowledged or can reasonably be demonstrated.

16.6 Severability and waiver

If any provision is found unenforceable, it will be limited or removed only to the minimum extent necessary, and the remaining provisions will continue. Failure to enforce a provision once is not a waiver of the right to enforce it later.

16.7 Entire agreement

These Terms together with the applicable Order Form and approved change orders constitute the entire agreement regarding the engagement and replace prior discussions or representations concerning the same subject.

16.8 Changes to these Terms

We may update the website version of these Terms from time to time. Changes apply prospectively and will not materially change an already accepted project without the Client’s agreement. For an active recurring plan, material changes will be communicated at least 30 days before taking effect. Continued use after the effective date constitutes acceptance where permitted by law.

17

Governing law and disputes

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law principles.

Before starting formal proceedings, the parties will attempt in good faith to resolve a dispute through written discussion. If the dispute remains unresolved, the parties may agree to mediation. Unless applicable law requires otherwise, the courts located in Ontario will have jurisdiction.

Nothing in these Terms limits any mandatory right or remedy available to a consumer under applicable law.

18

Contact information

Amankant Johri · Ontario, Canada · Website: https://amankantjohri.ca · Email: hello@amankantjohri.ca · Business mailing address: [INSERT BUSINESS MAILING ADDRESS, IF REQUIRED]

By accepting an Order Form, paying an invoice or deposit, or instructing us to begin services, the Client acknowledges that they have read and agreed to these Terms.