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 The Digital Lion.
2. The Digital Lion Intellectual Copyright
The 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. The Digital Lion reserves the right to display said material on their website and on their promotional materials unless agreed otherwise.
3. Clients Responsibilities with Regard to Copyright
In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. If the client asks us to clone (copy) a website or use an image found on a website, it is their legal responsibility to contact the owner of that website or image for permission to do so. 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 The Digital Lion may have been purchased under licence 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. The Digital Lion recommend 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
If Search Engine Optimization has been agreed as part of the contract the client must be aware that The 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 The 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., The Digital Lion reserves the right to cancel the remainder of the project at their sole discretion within one week of making this determination. 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 can include site mock ups, logos, graphics and design proposals.
This clearly takes a lot of time and for higher cost projects it will be included. For low cost websites (below $1500 for website design specifically) you should be aware that, unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
The Digital Lion will provide at least three logo concepts on logo design projects with the exact number determined solely by The Digital Lion. Unlimited revisions to one of these concepts is included until client is completely satisfied. Additional concepts may be given at the sole discretion of The Digital Lion.
Any changes to original requirements may be subject to an additional charge if work has already begun.
8. Quotations
The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.
At such a time that the client expresses that the work is final or complete either directly or indirectly (i.e. asking us to make the website live), the remaining balance may be invoiced for at any time by The 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 website commences advances are not refundable.
10. Payment Methods
Unless otherwise agreed, payment is only accepted by Paypal, credit card, cheque, money order, 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 $70.
11. Payment of Balance
Invoices are only issued when clients accept that their website has been completed to their satisfaction (except as expressed elsewhere in this agreement such as with project cancellation - term 6, term 16). Payment of the balance is due immediately upon completion of the website. We reserve the right not to launch a website until full payment has been received.
12. Future Support
Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand, The Digital Lion is not responsible for future support. Support can be provided upon request for an agreed fee. However, we are always 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, content 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 The 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.
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 the website design a designer feels that the website is going to be used for an illegitimate purpose then The Digital Lion has the right to refuse to complete the website 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.
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
The Digital Lion does its best to complete the development process as soon as possible. Any timeframe that is discussed between The Digital Lion and the client is merely an estimation based on our past experience. While we are almost always 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 The Digital Lion. Generally, this is merely a safeguard for the client because close to 100% of our projects are finished even before they are due.
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, etc.)
20. Right of Indemnification
You agree to defend, indemnify and hold The Digital Lion, its partners, affiliates and related companies/persons harmless from any and all liabilities, costs and expenses, including reasonable 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.
21. 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.
22. 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.
23. Agreement Changes
The Digital Lion reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. We will take reasonable steps to draw your attention to any changes in our terms. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval
Your statutory rights are not affected by any of the above
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