In using this website and/or our services you are deemed to have read and agreed to the following terms and conditions
1. Contract
The client’s approval for work to commence shall be deemed a contractual agreement between the client and Digital Lion.
2. Digital Lion Intellectual Copyright
Digital Lion holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client. Digital Lion reserves the right to display said material on their website and on their promotional materials unless agreed otherwise.
3. Client’s Responsibilities with Regard to Copyright
In situations where the client provides images, text, animations, layouts or any other content for their project they are legally responsible for ensuring that this material does not infringe any copyright. If at any point we discover that this has not been done, the website will be considered for an illegitimate purpose and is subject to term 16. This is for the protection of the client, copyright holders, and ourselves.
Certain images provided by Digital Lion may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
4. Registration Charges
All third party costs arising from the registration of a domain name shall be met by the Client. Digital Lion recommends that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.
5. Search Engine Promotion
In order to protect Digital Lion’s intellectual property, Digital Lion strategizes, creates, maintains, runs, and optimizes pay-per-click search engine marketing campaigns, such as AdWords or Bing Ads, in their own master account at a highly reduced rate. The resulting intellectual property, including the campaigns that Digital Lion develops, forever remains that of Digital Lion. Should the client already have their own account when approaching Digital Lion, or should the client specifically request that Digital Lion use the client’s account upon initiation of the campaigns, Digital Lion may agree to run the campaigns in the client’s own account at the full rate for all analysis and campaign work provided. The determination of procedure rests solely with Digital Lion, whose intellectual property needs to be protected. Should the client ever wish to take ownership of this intellectual property, the client may speak with Digital Lion about a buy-out.
If Search Engine Optimization has been agreed as part of the contract the client must be aware that Digital Lion is not responsible for ongoing website promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimize your site for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
6. Cancellation
Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
If Digital Lion determines that continued work on a project is not in their own best interest for whatever reason including but not limited to an abusive client, project specification changes, etc., Digital Lion reserves the right to cancel the remainder of the project at their sole discretion. The client shall be held liable for any “complete” work. “Complete” works include but are not limited to: a logo or website concept that has been designed and shown to the client, printing that has been completed, programming that changes the functionality of a website, etc.
7. Conceptualizing
Conceptualizing is the process of producing design concepts for clients. Concepts may include site mock ups, logos, graphics and design proposals. The exact number of concepts provided for any of our services is based on project cost among other factors and is determined solely by Digital Lion.
Digital Lion puts in a lot of effort to offer unlimited revisions to any one concept of the client’s choosing. If Digital Lion feels that this policy is being taken advantage of for any particular project we reserve the right to limit revisions and subject further changes to an additional fee. Reasons for this determination include but are not limited to the client asking for revisions with the intention that different revisions be used independently of each other, testing different ideas without a clear goal in mind other than wanting to see as many different designs as possible, changing requirements between revisions, etc.
Once a concept, layout, or other milestone has been approved by the client, further changes to what has already been approved may involve extra work and will therefore incur additional costs. Additionally, any changes to the original requirements provided to Digital Lion will be subject to an additional charge if work has already begun.
8. Proposals
The price quoted to the client is for the work specifically agreed on in the proposal only. Should the client decide that changes are required after work on their project has commenced there may be a surcharge.
At such a time that the client expresses that the work is final or complete (e.g. asking us to make their website live), the remaining balance may be invoiced for at any time by Digital Lion. Any additional changes after the client’s expression of finality may be subject to an additional charge except for those expressed in term 13.
9. Payment – Refund Policy
After work on a project commences deposits are not refundable.
10. Payment Methods
Unless otherwise agreed, payment is only accepted by Paypal, credit card, cheque, money order, Interac email money transfer, or cash. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of $80.
11. Payment of Balance
Final invoices are only issued when clients accept that their project has been completed to their satisfaction. Payment of the balance is due within 15 days after completion of the website. If payment is late there will be a 2.49% late fee per month thereafter. We reserve the right not to launch a website until full payment has been received and to take it down if payment is late.
12. Future Support
Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand, Digital Lion is not responsible for future support. Support can be provided upon request for an agreed fee. However, we are happy to answer any of your questions as to how you use anything that we build for you.
13. Grace period
There is a 14-day grace period upon completion of the website, where all minor modifications to the site are free (for example, graphical changes). However, major structural, contentual or graphical modifications are subject to a fee. To avoid these charges, a 12 month maintenance package can be purchased at any time.
14. Future Site Problems
Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website and Digital Lion will endeavor to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others. In this regard we recommend that you subscribe to one of our security packages to keep your website and data secure.
15. Access to Client Hosting Space
We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.
16. Legal
If at any point during the process of a project Digital Lion feels that it is going to be used for an illegitimate purpose then Digital Lion has the right to refuse to complete the project and the client shall remain liable for the work that has taken place. This is for the protection of our clients, the consumer and ourselves.
17. Malicious Attacks
Once the website has been completed, we aim to keep extra costs at $0, however if there is any malicious activity on the website once it has been completed, then there will be additional costs to amend any issues with the website. There are ways to prevent this, for example we will give you FTP details, it is strongly advised that only professionals use this information to access the website, as modification of any of the files can cause major disruption, which will eventually lead to extra costs. We also recommend that you subscribe to one of our security packages to keep your website and data secure.
18. Compliance with E-commerce, Accessibility or Other Regulations
We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.
We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.
19. Timing
Digital Lion does its best to complete the client’s projects as soon as possible. Any timeframe that is discussed between Digital Lion and the client is merely an estimation based on our past experience. While we are often finished sooner than the timeframe discussed, said timeframe is not a guarantee.
On urgent projects, or projects that must be completed by a certain deadline, clients have the option of rush development with which the timeframe will be guaranteed. The fee and feasibility for this will be determined by the urgency and scope of the project and must be discussed and paid in full before development begins unless otherwise agreed by Digital Lion.
We are not to be held responsible for delays beyond our control (including but not limited to Acts of G-d, the client taking longer than expected to approve design, layout, graphics, functionality, send over information, etc.)
20. Disclaimers
Client acknowledges and understands that neither Digital Lion, nor any of its employees, representatives, agents or the like, warrant that the services and products offered or provided by Digital Lion will not be interrupted or be error free. Digital Lion shall fix errors caused by its service so long as Client has a support agreement, or it is less than 30 days from the date of the Client’s timely payment of the final invoice, or at the sole discretion of Digital Lion thereafter.
Digital Lion encourages the Client to ask for a PRINTED Proof before printing, embroidering, or otherwise utilizing any of the graphic design products that Digital Lion creates for the Client. This is normally a free service offered by printing and embroidery companies. Digital Lion shall not be held responsible when the Client does not request a Printed Proof, or when the client requests and then approves the Proof; however, should a Printed Proof be requested, the company performing the printing or embroidery will normally reprint at no charge, should the final product differ from the Printed Proof.
The parties agree that, in respect of information and computer programs provided by Digital Lion under this Agreement, except as expressly stated herein, DIGITAL LION MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES, OR THEIR CONDITION, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR USE BY ANY CUSTOMER. DIGITAL LION FURNISHES THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Products and Services provided under this Agreement are “as is” with all faults, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with the user of such information or Product or Service.
21. Right of Indemnification
You agree to defend, indemnify and hold Digital Lion, its partners, affiliates and related companies/persons harmless from any and all liabilities, costs and expenses, including legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the site and/or our services.
22. Waiver
Failure or delay by either party in exercising any right under this agreement shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this agreement. No waiver of any of the provisions of this agreement shall be effective unless it is expressly stated to be such and signed by both parties.
23. General
The laws of Canada and the Province of Alberta govern these terms and conditions. By accessing this website and/or using our services you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts, without reference to conflicts of law principles.
If any of these provisions are deemed invalid or unenforceable for any reason such provision shall be severed from this agreement and all other provisions of this agreement shall remain in full force and effect.
24. Agreement Changes
Digital Lion reserves the right to change these conditions from time to time without notice as it sees fit and your continued use of our site or services will signify your acceptance of any adjustment to these terms.
Your statutory rights are not affected by any of the above
Website hosting specific terms of service may be found here.
