Terms. How we work with our clients.
These Terms set out how Websites by Tyler works with its clients. Please read them before you sign a quote. Together with your signed quote, they form our agreement.
1. Who we are
1.1Websites by Tyler is a web design business based in Calgary, Alberta, Canada. The legal name of the business owner appears on every quote and invoice.
1.2You can reach us through the Contact form at websitesbytyler.ca/contact or at contact@websitesbytyler.ca.
1.3We work for you as an independent contractor. Nothing in our agreement makes us your employee, partner or agent.
1.4We may use trusted contractors for parts of the work. They are bound by confidentiality at least as strict as section 21, and we remain responsible for their work. We also use service providers, such as hosting, payment and AI tools, as these Terms and our Privacy Policy describe.
2. Definitions
In these Terms:
(a)"We", "us" and "our" mean Websites by Tyler. "You" and "your" mean the client named in your quote, and the person who signs it for the client.
(b)"Quote" means the itemized written offer we prepare for your project (section 4).
(c)"Agreement" means your signed quote, these Terms, and any change request approved in writing (section 11).
(d)"Scope" means the work your quote lists. "New scope" means any work your quote does not list, including a new page, section or feature, an add-on, a different design direction, any change to work you have already approved, and any change after launch that is not a minor change, website management or a bug (section 4.3). New scope is handled as a change request (section 11).
(e)"Milestone" means a stage of your project set out in your quote (section 7).
(f)"Revision round" means one list of changes to one part of your project, sent together in one message. It can hold as many changes as you like, large or small (section 10.3).
(g)"Bug" means anything within your scope that does not work as intended, including our own mistakes (section 13.4). "Minor change" means, after launch, an update to content already on your website, made within the time per month set in your quote (section 15.3).
(h)"Delivery" has the meaning in section 13.1. "Launch" means publishing your website on your domain.
(i)"Business day" means Monday to Friday, 9 am to 5 pm, local time in Calgary, Alberta (currently Alberta Time, UTC−6), excluding Alberta statutory holidays. A message received outside business hours counts as received on the next business day.
(j)"In writing" means by email, by a message through our website, or by the transcript of a call under section 20.7.
(k)"Website management" means the optional monthly service in section 16.
3. Our agreement
3.1Our agreement is made up of your signed quote and these Terms. It starts when you sign your quote (section 5).
3.2If your quote and these Terms say different things, your quote applies.
3.3The version of these Terms in effect on the day you sign your quote applies to your project. Later versions apply only as section 33 describes.
3.4Our agreement is the entire agreement between us for your project. It replaces anything said or written before you signed, including conversations, messages, our website and Ask Jessica.
3.5After you sign, our agreement can be changed only in writing: by a change request we both approve (section 11), or by another written agreement between us.
4. Before your quote, and what it covers
4.1Before we write your quote, we meet with you (by phone, video call or in person) to go over your business, your goals, your content, your design direction and the features you need.
4.2Your quote is based on that meeting and your quote request. It sets out:
(a)every part of the work, itemized, such as the website, a logo, branding, content and add-ons;
(b)what is not included;
(c)your milestones, what is delivered at each one, how long each is expected to take, and your review period for each;
(d)your payment schedule;
(e)your revision rounds;
(f)what you need to provide, and by when;
(g)our hourly rate; and
(h)your care and hosting prices after the first 3 months, and, if you choose website management, your monthly hours and fee.
4.3Your quote covers only your scope. New scope includes a new page, section or feature, an add-on, a different design direction, any change to work you have already approved, and any change after launch that is not a minor change, website management or a bug. New scope is handled as a change request (section 11) and billed at our hourly rate.
4.4A quote is valid for 30 days from its date. After that, we may need to update it.
4.5Prices are in Canadian dollars, or in US dollars for clients in the United States, as shown on your quote. If we are required to charge sales tax, such as GST, it is added to your invoice.
5. Signing your quote
5.1You accept your quote by signing it electronically through the private link we email you. Before signing, you provide:
(a)your full legal name, and your title or role in the business;
(b)the business's full legal name, its operating name if different, its address, and its business or registration number if it has one (if you are hiring us for personal use, your own name and address instead);
(c)your email address and phone number; and
(d)the accounts the project will use (such as your domain registrar, current hosting, Google, social media, Shopify or payment providers) and who owns each one. We never ask for passwords in this form (section 21.2).
5.2By signing, you confirm that:
(a)you are of the age of majority where you live;
(b)you have the authority to sign for the business and to bind it to our agreement;
(c)the business owns, or has the right to use, access, change and transfer, every account, domain, file, piece of content and brand asset you give us or ask us to work on;
(d)you have the right to give us access to those accounts and to let us make every change your quote describes; and
(e)the information you provide is true and complete, and you will tell us in writing if any of it changes.
5.3If any confirmation in section 5.2 is untrue, you are responsible for the result. This includes any claim made against us by the business or by anyone else because of it, and we may pause or end the project under section 27.3.
5.4Your electronic signature has the same effect as a handwritten signature. By signing, you consent to using electronic records and electronic signatures for our agreement.
5.5When you sign, we record everything you provided under section 5.1, your typed name, the date and time, your IP address and device, and a fingerprint of the exact quote and Terms you signed. This record is proof of your acceptance.
5.6We email you a copy of your signed quote, the Terms you signed and your section 5.1 details right away, and keep them under section 30.
5.7Your completion confirmation (section 13.1) and approvals given through our website are recorded the same way.
6. What you provide
6.1Before work starts, you provide everything your quote lists, for example:
(a)logins and access to the accounts the work needs, such as your domain, Shopify, Google and social media accounts;
(b)your decisions on the questions in your quote;
(c)your logo and brand files, photos and videos; and
(d)the text for your pages, unless copywriting is part of your quote.
6.2Where possible, give us our own user account rather than your main password. If an account sends a sign-in code (two-step verification), please be available to send it to us.
6.3You confirm that you have the right to use everything you give us, including logos, photos, videos, text and music, and that it does not infringe anyone else's rights. We may refuse content we believe is illegal or infringing.
6.4You are responsible for your content, and for making sure your website and your business follow the laws and industry rules that apply to you, such as your own privacy policy, anti-spam rules for your emails and advertising rules for your profession. We can add legal text you provide, but we do not give legal advice.
6.5You are responsible for the personal information your website collects from your customers and visitors, such as through forms, chat, bookings or a store. We handle that information only to build, host and maintain your website, on your instructions, and we keep it confidential (section 21).
7. Milestones and approvals
7.1Your quote divides your project into milestones and gives each one a target date. Unless your quote says otherwise, the milestones are:
(a)Design: your homepage design, for phone and desktop. Once approved, it sets the style for every other page;
(b)Build: your complete website on a private preview link, for your review page by page; and
(c)Launch: your website published on your domain.
7.2Each milestone ends with your approval in writing.
7.3Once you approve a milestone, the work in it is final. Changes to approved work are new scope (section 4.3).
7.4We begin the next milestone only after you approve the one before it, unless your quote says otherwise.
7.5Your revision rounds (section 10) are used within a milestone, before you approve it. At the Build review, changes are limited to corrections and small edits. New pages, new features and new content are new scope.
8. Reviews
8.1Your quote sets the review period for each milestone, based on the size of your project. If your quote does not set one, you have 3 business days to review each milestone. The review period starts on the business day after we send you the milestone by email.
8.2Send your feedback in writing, as one list per revision round, in one message, saying which page and what should change. Please gather everyone's feedback before you send it.
8.3We email you a reminder one business day before your review period ends. If we have not received your approval or your list of changes by the end of the review period, the milestone is treated as approved. This never applies to Launch: we publish your website only with your written approval.
8.4Approval, including approval under section 8.3, does not end our duty to fix bugs under sections 13.4 and 14.
9. Timeline and delays
9.1Your quote sets out your milestones and their target dates (sections 4.2 and 7). Target dates are estimates made in good faith, not guarantees, unless your quote states that a date is fixed.
9.2Your timeline starts on the day we have everything listed in section 6 and your deposit is paid.
9.3Your delays. Every day you take to provide what section 6 lists, to review, approve or send changes for any milestone, or to pay an invoice moves every later deadline back by at least the same number of days, including your launch date. A late item can move your finish date back by more than the days it was late, because your project may need to fit back into our schedule.
9.4Our delays. If we expect to miss a milestone date, we tell you in writing as soon as we know, with the reason and a new date.
9.5If, for reasons within our control, we miss a milestone's target date by more than 10 business days, you may end the project by telling us in writing. We then refund what you have paid for work not yet done, including any part of your deposit not yet earned, and hand over the finished work you have paid for.
9.6Events beyond our control. Neither of us is responsible for a delay caused by events beyond our reasonable control, including illness or injury, a death in the family, power or internet outages, failures or changes in third-party services (such as hosting, domains, platforms or AI tools), natural disasters, or orders from government. The party affected tells the other as soon as reasonably possible, and dates move by the length of the delay.
10. Revisions
10.1Your quote lists each part of your project, such as your website, a chatbot, a logo or another add-on. For each part, it states how many revision rounds are included and at which milestone they are used.
10.2If your quote gives a part a number of rounds without naming a milestone, those rounds can be used at any milestone of that part, before you approve it.
10.3A revision round is one list of changes to one part of your project, sent together in one message (section 8.2). It can hold as many changes as you like, large or small, and every change counts the same, from resizing a headline to reworking a layout. We count rounds, not changes. Changes sent after that message, even a single small one, count toward that part's next round.
10.4A change belongs in a revision round when it adjusts work in your scope, within the design direction you chose, before you approve its milestone. For example: the size or wording of a headline, the colours, pictures, spacing or layout of a page we have built, or the shape, colours or lettering of a logo design you picked.
10.5These do not go in a revision round:
(a)a bug, including our own mistakes, which we fix at no charge without using a round (section 13.4);
(b)a minor change after launch, which is part of care and hosting (section 15.3); or
(c)new scope, such as a new page, a new feature or a change to work you have already approved (sections 4.3 and 7.3), which is a change request (section 11).
10.6Extra rounds are billed at our hourly rate, in 15-minute increments. We tell you in writing before an extra round starts, and start it only with your written approval.
10.7Rounds not used at a milestone end when you approve it. They have no cash value, are not refunded, and do not move to another milestone, another part of your project, or care and hosting.
10.8If we believe a request is new scope, we tell you in writing before doing any of it, and you decide whether to go ahead.
11. Change requests
11.1A change request is any request for new scope (section 4.3), including changes to work you have already approved.
11.2Send change requests in writing. Within 2 business days, we reply in writing with:
(a)what the change involves;
(b)its price, either fixed or as an estimate of hours at our hourly rate; and
(c)how it moves your milestones and launch date.
11.3We start a change only after you approve our reply in writing. Once approved, it becomes part of your quote.
11.4If you do not approve it within 3 business days, the change request lapses, and we continue with your quote as it stands.
11.5Hourly work is billed in 15-minute increments. Where we give an estimate, we tell you before the work goes more than 10% over it, and we continue only with your written approval.
11.6Approved changes are invoiced with your next payment. If no payment is left on your project, we invoice them when the change is finished.
11.7We may decline a change request, for example if it is outside the work we do. If we do, we tell you in writing.
12. Payments
12.1Deposit. Unless your quote sets out a payment plan (section 12.6), 50% of the quoted price is paid to start your project. We send your deposit invoice when you sign your quote. Refunds of your deposit are covered in section 27.
12.2Final payment. The other 50% is due on delivery (section 13.1). We publish your website and hand over everything your quote lists only after we receive the final payment (section 13.3).
12.3How you pay. We send each invoice by email as a secure Stripe payment link, and you pay on Stripe's page by card or bank debit. Invoices are due within 14 days of the date we send them. We do not add a fee for paying by card or bank debit.
12.4Never through our website or chat. Our website and our chat assistant never take payments or ask for card details. If anyone asks you to pay us another way, do not pay. Contact us first.
12.5Disputed invoices. If you believe an invoice is wrong, tell us in writing before its due date, and pay the part you do not dispute by the due date. We review it with you and correct the invoice if it is wrong.
Payment plans
12.6For larger projects, we may agree to a payment plan. Plans are available on approval, at our discretion. Your quote sets out the plan: the number of payments, the amount and due date of each, and the milestone each one is tied to.
12.7On a payment plan, we begin each milestone only after the payment due before it is received.
12.8On a payment plan, your website is published only after the final payment is received (sections 13.3 and 13.6), and you own the work only once every payment is made (section 23).
12.9Sections 12.11 to 12.15 (overdue invoices) and 27.3 (if we end the project) apply to payment plans.
12.10A payment plan has no added fees or interest unless your quote says so. Interest on overdue payments (section 12.11) still applies.
Overdue invoices
12.11An invoice not paid by its due date is overdue. We may charge interest on the overdue amount at 1.5% per month, compounded monthly, equal to 19.56% per year, from the due date until it is paid.
12.12We tell you by email before interest is charged, and it appears on your next invoice.
12.13If an invoice is overdue, we may pause work, or care and hosting, until it is paid. We give you 7 days' notice by email before pausing. Time paused moves your dates (section 9.3).
12.14If we choose not to charge interest at any time, we may still charge it later.
12.15If we have to send an overdue amount to a collection agency or to court, you also pay our reasonable costs of collecting it, including legal fees.
13. Delivery, launch and completion
13.1When your website is finished, we email you that it is ready, listing everything delivered under your quote, with a button to confirm that your website is complete. Your website is delivered when you click that button, or when your Build milestone is treated as approved under section 8.3. Delivery is when the final payment in section 12.2 becomes due.
13.2On delivery, we send the final invoice. It is due within 14 days (section 12.3). If it is overdue, we may turn off your preview link until it is paid.
13.3Once we receive the final payment, we publish your website on your domain with your written approval (the Launch milestone) and hand over everything your quote lists. We never publish your website before the final payment is received, including on a payment plan.
13.4A bug is anything within your scope that does not work as intended, such as a broken link, a form that does not send, or a page that does not display correctly on a supported browser. Correcting our own mistakes, such as text that differs from what you gave us or a page that differs from the design you approved, is treated as a bug. Bugs found before launch are fixed at no charge and do not use a revision round. A change to how something looks or reads goes in a revision round (section 10), or is a minor change, website management (section 16) or new scope (section 4.3).
13.5Supported browsers are the two most recent versions of Chrome, Safari, Edge and Firefox on desktop, Safari on iPhone and iPad, and Chrome on Android. Other browsers and older versions are not covered unless your quote lists them.
13.6When we receive your final payment, your project is complete: you accept the work, and your revision rounds end. We then publish your website with your written approval and hand over everything your quote lists (section 13.3).
13.7Completion closes your quote. It does not end bug fixes (section 14), your care and hosting (section 15), or your ownership of the work (section 23).
13.8Work requested after completion is either added to our agreement as a change request (section 11) or quoted as a new project with its own quote, depending on its size. We tell you which applies, in writing, before any work starts.
13.9If you ask us to hold your launch, we keep your finished website ready and publish it when you give us your written approval.
13.10For a project without a website, such as a logo or branding on its own, delivery is when you approve the final design, and we hand over the final files once we receive the final payment. Sections 13.6 to 13.8 then apply.
14. Bug fixes after launch
14.1After launch, bug fixes are part of care and hosting (section 15). Every package includes the first 3 months of care and hosting, and bug fixes continue for as long as you keep it.
14.2Without care and hosting, bug fixes are billed at our hourly rate.
14.3Report a bug in writing, with the page, what happened and a screenshot if you can. We acknowledge it within 2 business days and tell you when it will be fixed.
14.4A bug does not include problems caused by:
(a)changes made by you or anyone other than us;
(b)content you add or change;
(c)third-party services, apps, plugins, platforms or AI tools, including their changes, outages or discontinuation;
(d)browser or device versions released after your website went live;
(e)hosting or domain settings we do not manage; or
(f)events beyond our control (section 9.6).
15. Care and hosting
15.1Every package includes 3 months of care and hosting, starting on the day your website goes live. What care covers is described on our Care & hosting page and in your quote, and includes bug fixes (section 14).
15.2Before your website goes live, you choose how care and hosting continues after the first 3 months: yearly, paid in advance at a discount, or monthly. Both prices are shown on your quote. You confirm your choice in writing and set up automatic payments at launch. The first payment is taken on the day the 3 included months end, and we remind you by email 14 days before it.
15.3After launch, apart from bug fixes (section 14), each change to your website is a minor change, website management or new scope. A minor change is a small update to content already on your website, such as text, a photo, your hours, a team member or an FAQ answer. It never adds a page, a section or a feature, never changes your design, and never includes updates to an online store. Store updates are website management (section 16); without it, they are billed at our hourly rate. Minor changes are part of care, up to the time per month set in your quote. Unused time does not carry over to the next month. If you need more in a month, we tell you before going over, and the extra time is billed at our hourly rate. Anything else is new scope (section 11). If you want to change parts of your website yourself, our site editor add-on gives you an editor for those parts.
15.4If an automatic payment fails, we tell you by email. The amount is then overdue, and sections 12.11 to 12.15 apply.
15.5We may change our care and hosting prices with at least 30 days' notice by email (section 33). A yearly plan you have already paid for keeps its price until it renews.
15.6You can end care and hosting at any time by telling us in writing, with 30 days' notice. A yearly plan is paid in advance and is not refunded if you end it part way through. Your care continues until the end of the year you paid for. Any refund is at our sole discretion. Ending it is never harder than starting it.
15.7If you choose not to continue, or end care and hosting later, we hand over your website as set out in section 18. If care and hosting ends or lapses and you need work later, it is billed at our hourly rate.
16. Website management
16.1Website management is an optional monthly service. Each month, we set aside a block of our hours to make the updates you ask for, beyond the minor changes that care includes, such as regular updates to your pages, your blog or your online store.
16.2Your quote sets your monthly hours, at least 5 hours a month, and your monthly fee, which is those hours at our hourly rate. If your quote includes website management, it starts the day your website goes live. Your first month’s fee is on your final invoice. After that, the fee is paid monthly in advance by automatic payment, starting one month after launch.
16.3Time is counted in 15-minute increments. Hours you do not use in a month do not carry over and are not refunded.
16.4If you need more hours in a month, we tell you before going over, and the extra hours are billed at our hourly rate. New pages, sections or features and changes to your design are new scope (section 11), not website management.
16.5We may change the fee with at least 30 days' notice by email (section 33). You can end website management at any time by telling us in writing, with 30 days' notice.
17. Your domain and hosting
17.1Your domain (your web address) is registered in your name, and you pay its renewals to the domain company. If you already own your domain, it stays with your current domain company, in your name, unless you ask us to help move it.
17.2Please keep automatic renewal turned on. If your domain expires, your website and any email on it stop working, and we are not responsible for that.
17.3While you have care and hosting, we host your website on our hosting account and manage your domain's settings (DNS). Shopify stores are hosted by Shopify under your own Shopify plan.
18. Handover
18.1If you decide not to continue care and hosting, or end it later, we hand everything over to you:
(a)your website files and code;
(b)your content and images, in their original sizes;
(c)the accounts we set up for your website, moved to you; and
(d)a handover document explaining how your website is built and where each part lives.
18.2Handover is included at no extra charge. We hand over once every invoice you owe us is paid.
18.3Handover needs your help, for example accepting account transfers, giving us your new host's details and setting new passwords. We start within 10 business days of your decision, and we finish once you have done your part.
18.4Your website stays on our hosting for 30 days after care and hosting ends, so it can be moved. If it has not been moved by then because we have not heard from you, we may take it offline. We keep your website files for 90 days after care and hosting ends, then delete them as our Privacy Policy describes. Records that form part of our agreement are kept separately, under section 30.
18.5After handover, you are responsible for your hosting, updates, backups and security, and for paying those accounts. Any later work from us is billed at our hourly rate.
19. Third-party services and costs
19.1You pay for the outside services your website needs, such as your domain, your Shopify plan and paid apps, stock photos, video, music or fonts, and paid AI services that run features of your website.
19.2Your quote lists the third-party costs we know of when we write it.
19.3Where possible, these accounts are set up in your name and billed to you directly. If we pay for one on your behalf, we invoice it to you at cost.
19.4Each service has its own terms and prices, which can change. We are not responsible for their outages, price changes or policy changes.
20. Communication
20.1You name one contact person who can approve work for your business. Unless you name someone else, it is the person who signed your quote. Their approvals bind you. If your contact changes, tell us in writing.
20.2Approvals, change requests, notices and decisions count only in writing (section 2(j)).
20.3While your project is underway, we email you a progress update at least once a week, and at every milestone.
20.4We reply to messages within 2 business days.
20.5Phone and video calls are by request, arranged by email.
20.6Notices under these Terms are sent by email: ours to the email address you gave when signing (section 5.1(c)), or a new one you give us in writing, and yours to contact@websitesbytyler.ca. An email counts as received when it is sent, subject to section 2(i). Please keep your email address up to date and check your spam folder.
20.7We may record phone and video calls to transcribe them, so we keep an accurate record of what was discussed and agreed. We tell you before recording starts. We delete the audio recording once the transcript is checked, within 30 days of the call. If you prefer not to be recorded, tell us and we continue without recording; our follow-up email is then the record of the call. Our Privacy Policy explains how recordings and transcripts are handled.
20.8After every call, we email you a summary of what was decided. The transcript and the follow-up email are both written records of the call. If they differ, the transcript applies. If anything in our follow-up email is wrong, tell us in writing within 3 business days.
21. Confidentiality
21.1We keep your logins, passwords and private business information confidential, and use them only to do your work. We share them only with a service provider your project needs, a contractor under section 1.4, or where the law requires it.
21.2We store passwords in an encrypted password manager, never in plain email. Please change your passwords after handover or when care and hosting ends.
21.3This duty does not apply to information that is public, other than through us, or that we already had or lawfully receive from someone else.
21.4This duty continues after our work together ends. How we handle personal information is explained in our Privacy Policy.
22. AI tools
22.1Some projects use third-party AI tools to improve photos, create videos or help with text and code. We review everything they make, and you approve it before it goes on your website.
22.2If you prefer that your material not be processed with AI tools, tick the box on the quote form or tell us in writing, and we will not use them on your material.
22.3The law on who owns AI-made material is still developing. We give you whatever rights we have in it, and we only use AI tools whose terms allow commercial use.
22.4AI features on your website. If your website includes an AI feature, such as a chat assistant, we build it to tell visitors it is automated. It answers on its own and can make mistakes, and we do not guarantee its answers. You are responsible for keeping the information it draws on correct and up to date, such as your prices, hours, bookings and policies. Its running costs are a third-party cost (section 19).
23. Who owns the finished work
23.1Your domain is registered in your name from the start, so it is always yours. Content you give us, such as your text, photos and logo, stays yours at all times.
23.2Once you have paid in full, including every payment on a payment plan, you own the work we made specifically for you: your logo and brand files, the content we write for you, and your website's design and code. We confirm this in writing if you ask.
23.3We keep our tools and reusable code, such as the code behind the Essential package and our listings plugin. You get a permanent, non-exclusive licence to use them as part of your website, including after handover and if you move to another host.
23.4Fonts, stock media, apps, themes and plugins from other companies stay under their own licences.
23.5Until you have paid in full, the work stays ours and you may not use it.
23.6You may change the work you own however you like. We waive our moral rights in it.
24. Showing your project
24.1Once your website is live, we may show it, and describe the work we did, on our website and social media.
24.2We never show logins, private information or anything you tell us is confidential.
24.3If you do not want your project shown, tell us in writing, before or after launch. We remove it from our website and social media within 30 days. We cannot recall copies others have already shared.
25. No guaranteed results
25.1We do careful work, but we cannot control search engines, AI search tools, platforms or markets. We do not guarantee search rankings, traffic, leads or sales, that third-party services will always work or never change their rules, or uninterrupted, error-free service.
25.2We build with good accessibility practice, such as readable text, colour contrast, image descriptions and keyboard access. We do not guarantee that your website meets any accessibility standard, such as WCAG, AODA or the ADA, unless your quote lists it.
26. Ask Jessica
26.1Jessica, the chat on our website, is an automated assistant. Her buttons show our own FAQ answers, and typed questions are answered by AI from the text of our website. She gives general information only and can be wrong.
26.2She cannot give quotes, agree to prices or change these Terms. She can help you fill in the quote form, but you review it and send it yourself. She never takes payments.
26.3If anything the chat says differs from your written quote or these Terms, your quote and these Terms apply.
27. Pausing or ending a project
27.1If we don't hear from you. If we have not heard from you for 30 days when we need something, we may pause your project. If it stays paused for 60 more days, we may close it. We tell you by email before we pause or close it. You pay for the work done up to then at our hourly rate, up to the quoted price.
27.2If you end the project. You can end the project at any time by telling us in writing. You pay for the work done up to that day at our hourly rate, up to the quoted price. Your deposit is not refunded (section 27.4). We hand over the finished work you have paid for.
27.3If we end the project. We may end the project with written notice if:
(a)an invoice is unpaid 30 days after we remind you;
(b)you ask us to do something illegal, or give us content we believe is illegal;
(c)you are abusive or threatening; or
(d)a confirmation you gave when signing is untrue (section 5.3).
If we end it for one of these reasons, section 27.2 applies as if you had ended it. If we end the project for any other reason, we refund what you paid for work we have not done, including any part of your deposit not yet earned, and hand over the finished work you have paid for.
27.4Deposits. Except under sections 9.5 and 27.3, your deposit is not refunded once paid. It reserves your place in our schedule, covers the planning of your project, and means we turn other work away for it.
27.5If you end the project, the part of your deposit not used for work done stays as credit toward a project with us for 12 months from the date you paid it. If the work done is worth more than your deposit, the difference is billed at our hourly rate.
27.6We may choose to refund part of a deposit in special circumstances. Any refund is at our sole discretion. If the law gives you a right to cancel and get a refund, that right still applies.
27.7When a project ends early, we return access to your accounts, and you pay any third-party costs we paid on your behalf (section 19.3).
28. Limit of liability
28.1Our total responsibility to you for a project is limited to the amount you paid us for that project. For care and hosting, and for website management, it is limited to the fees you paid us for that service in the 12 months before the problem.
28.2We are not responsible for indirect losses, such as lost profits, lost sales, lost data or business interruption, or for problems caused by third-party services, by changes you or others make to your website, or by wrong information you gave us.
28.3You are responsible for any claim made against us because of content you gave us (section 6.3) or a confirmation you gave when signing (section 5.3), including our reasonable legal costs.
28.4Nothing in these Terms limits any responsibility that the law does not allow to be limited.
29. Consumer rights
29.1If you hire us for personal, family or household use rather than for a business, consumer protection laws in Alberta, or where you live, may give you rights these Terms cannot take away. Nothing in these Terms limits those rights.
29.2If you hire us for personal use, references in these Terms to your business mean you.
30. Records
30.1We keep every record that forms part of our agreement for 10 years after our last work for you. That includes your signed quote and signing details, the Terms you accepted, approvals, change requests, emails and messages agreeing to something, call transcripts, and invoices.
30.2You can ask us for a copy of your signed quote and the Terms you accepted at any time during that period.
30.3Everything else we hold about you is kept and deleted as our Privacy Policy describes.
31. General
31.1If part of these Terms is invalid. If a court finds any part of these Terms invalid or unenforceable, the rest still applies, and that part applies to the greatest extent the law allows.
31.2No waiver. If either of us does not enforce a right under our agreement, we can still enforce it later.
31.3Transfer. You may not transfer our agreement to anyone else without our written consent. We may transfer it to a business that takes over ours, and we tell you in writing if we do.
31.4What continues after our agreement ends. Every part of these Terms that by its nature continues after our agreement ends does so, including payments owed (section 12), confidentiality (section 21), ownership (section 23), liability (section 28), records (section 30) and governing law (section 32).
31.5Reading these Terms. These Terms are written in English. Headings are for convenience only and do not change the meaning. "Including" means including without limitation.
32. Governing law and disputes
32.1These Terms are governed by the laws of Alberta and the federal laws of Canada that apply there. Any dispute goes to the courts of Alberta in Calgary, unless the law where you live says otherwise.
33. Changes to these Terms
33.1We may update these Terms. A new version applies to quotes signed after the date at the top of this page. A quote you have already signed stays under the version you signed (section 3.3).
33.2For care and hosting, and for website management, we give you at least 30 days' notice by email before a change affects you, and you can end that service instead of accepting it.
34. Contact us
Websites by Tyler
Calgary, Alberta, Canada