Terms and Conditions
Terms and Conditions
1. Introduction
Welcome to Fusionwebx ("we," "our," or "us"). These Terms and Conditions govern your use of our website (the "www.fusionwebx.com") and all services, products, and content offered by Fusionwebx. By engaging our services, you ("the Client," "you," or "your") agree to be bound by these terms.
2. Services
Fusionwebx provides web design, web development, digital marketing, and related digital services (the "Services") as detailed in individual project proposals, statements of work, or service agreements ("Project Proposal").
3. Use of Services
You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:
- Use our website in any way that may damage or impair its availability or accessibility.
- Attempt to gain unauthorized access to our systems, data, or networks.
- Copy, modify, or distribute our content without written permission.
4. Intellectual Property
- Client Materials: The Client retains ownership of all logos, branding, content, and other intellectual property they provide to Fusionwebx.
- Fusionwebx Materials: All pre-existing code, software, designs, and know-how used by Fusionwebx ("Our Tools") remain our sole and exclusive property.
- Final Deliverables: Upon full and final payment of all fees, Fusionwebx grants the Client a perpetual, worldwide, non-exclusive license to use the final delivered website or product (the "Final Deliverable") for its intended purpose. Copyright for the custom-designed visual elements and custom-developed code of the Final Deliverable will be transferred to the Client, excluding Our Tools.
5. Project Terms
- A project will begin only after receiving written confirmation or initial payment as agreed.
- Any delays caused by incomplete client input, late content, or unresponsiveness may extend the delivery timeline.
- Changes beyond the original scope will be treated as additional work and may incur extra charges.
- Once the final deliverables are approved and handed over, FusionwebX is not responsible for further modifications unless covered by a support plan.
6. Quotations and Acceptance
- All quotations provided by Fusionwebx are valid for 30 days from the date of issue.
- A project is considered accepted upon the Client's written approval of the Project Proposal and/or payment of the required initial deposit.
7. Fees and Payment Terms
- Pricing: Fees are as specified in the Project Proposal. All prices are quoted in [Currency, e.g., CAD].
- Deposit: A non-refundable deposit of [e.g., 50%] of the total project fee is required before work commences.
- Milestone Payments: For larger projects, payment may be structured in milestones as outlined in the Project Proposal. Payments are due upon our notification that a milestone has been completed.
- Final Payment: The final balance is due upon project completion and before the final deliverable (e.g., website launch, source code) is transferred to the Client.
- Late Payments: Invoices not paid by their due date will incur a late fee of [e.g., 1.5%] per month or the maximum allowed by law. We reserve the right to pause all work and withhold deliverables until overdue payments are received.
8. Client Responsibilities & Provided Materials
The Client agrees to the responsibilities outlined below based on the services detailed in the Project Proposal.
8.1. Content, Branding, and Imagery
- If the Client is providing materials: If the Project Proposal does not include the creation of content, branding, or imagery by Fusionwebx, the Client is solely responsible for providing all necessary text, images, logos, branding guides, and other media (the "Client Materials"). These Client Materials must be provided in a timely manner, in the requested digital format, and must be final, high-resolution, and owned or legally licensed for use in the project.
- If Fusionwebx is creating materials: If the Project Proposal includes content creation, branding, graphic design, or photography services by Fusionwebx, we will be responsible for creating these deliverables as outlined. The Client agrees to provide timely feedback and approval on these created assets during the designated review cycles.
8.2. General Project Responsibilities (Apply to All Projects)
Regardless of the services opted for, the Client agrees to:
- Appoint a single point of contact for feedback and final decisions to streamline communication.
- Review all deliverables (e.g., design mockups, website staging links, content drafts) and provide clear, consolidated feedback within the agreed-upon timeframe.
- Secure any necessary licenses, permissions, and rights for any third-party materials they provide to Fusionwebx.
- Be responsible for the accuracy and legality of any and all content they supply for the project.
9. Revisions and Approvals
- FusionwebX provides a limited number of revisions as specified in the project agreement. Additional revisions or new feature requests may be billed separately.
10. Third-Party Services
- The project may involve third-party services, such as web hosting, domain registration, or APIs. The Client is responsible for adhering to the terms of service of these third parties and for any associated fees. Fusionwebx is not liable for the actions, performance, or terms of these third-party providers.
11. Limitation of Liability
FusionwebX will not be liable for any direct, indirect, incidental, or consequential damages arising from:
- Use or inability to use our website or services.
- Errors, interruptions, or delays in service.
- Unauthorized access or data loss.
Our total liability for any claim related to the Services shall not exceed the total amount paid by the client for that specific project.
12. Confidentiality
- Both parties agree to hold each other's confidential information in confidence and not to use or disclose it except as necessary to perform under this agreement.
13. Termination
- We may suspend or terminate access to our Services immediately if you violate these Terms. Upon termination, your right to use our Services will cease immediately.
- Upon termination, the Client shall pay Fusionwebx for all work completed and expenses incurred up to the termination date. Any deposits paid are non-refundable.
14. Maintenance and Support
- Post-launch maintenance and support are not included in standard project fees unless specified in a separate Support & Maintenance Agreement.
15. Changes to These Terms
- We may update these Terms from time to time. The updated version will be posted on our website with the revised "Last Updated" date. Continued use of our Services after changes means you accept the new Terms.
16. Governing Law
- These Terms are governed by the laws of Canada, without regard to its conflict of law principles. Any disputes will be resolved in the courts located in Calgary, Alberta.
17. Contact Us
If you have any questions about these Terms, please contact us at:
- info@fusionwebx.com
- www.fusionwebx.com