Terms and Conditions

Comprise a legally binding document for all clients

Terms and Conditions

By using the WittyCookie website, or contracting WittyCookie services, you are deemed to have fully consented to the terms and conditions set forward in this agreement. Please reviewthe terms and statements of this agreement carefully. If you do not agree to these terms and conditions you are not permitted to use this website or WittyCookie services. WittyCookie maintains the right to make alterations to this agreement as deemed necessary. The terms and conditions dictated comprise a legally binding document for all clients.

Definitions

Client refers to the individual or entity engaging in or requesting the services of WittyCookie.

Usage of the terms “you” or “your” refer to the client entity.

Usage of the terms “our”, “we”, “us”, and “WittyCookie” refer to WittyCookie enterprise as a whole.

Service or Services refer to the collective offerings provided by WittyCookie in the course of business, including SEO and web development as applicable.

Content refers to any text, audio, video, graphics, information, or data.

Project Start

Project work will only be carried out upon formal orders by the client. Orders can be carried out through email or telephone and constitute a written or verbal contract. Through the use of this website, or through the initiation of project work, you assure WittyCookie that you possess the legal capacity to agree to all applicable terms and conditions, and that you have the authority to bind any organization or entity you claim to represent to those same conditions. WittyCookie will only knowingly conduct work for clients aged 18 years or older.

Pricing, Refunds, and Payments

All product prices appearing on the WittyCookie website are quoted in Canadian Dollars. WittyCookie reserves the right to alter pricing at its own discretion. There is no refund in the event of cancellation by client or at anytime. WittyCookie has the option of halting or delaying service in the event of late payments, as well as retaining the option to charge late fees. WittyCookie retains ownership and copyright to all website designs and website developments created for its subscription plans. WittyCookie reserves the right to shut down websites hosted on WittyCookie servers at any time.

Cancellations

WittyCookie does not charge a cancellation fee to clients. All cancellation requests must be formalized and submitted to WittyCookie via contact through email and/or telephone. All fees and costs incurred and paid by the client prior to notification of cancellation are non-refundable. WittyCookie reserves the right to cancel or refuse service at any time at our own discretion.

Timeframe Completion

Clients understand and acknowledge that WittyCookie makes no guarantee of a timeframe for completion of any project. WittyCookie endeavours to complete every project in a reasonable and timely manner. Due to the variable nature of every project, including the necessity for communication between parties for content and design approval, project complexity, content updates, financial considerations, and other extenuating circumstances, we deem it inappropriate to set hard deadlines on projects unless otherwise specified. WittyCookie will make every effort to communicate with clients and address any concerns you may have about project completion.

Information Privacy

WittyCookie makes every effort to effectively safeguard your personal information and privacy. For more information about WittyCookie’s stance with regards to privacy and information collection, please read our detailed privacy policy available on this website.

Marketing Material

Unless explicitly stated in external documentation, WittyCookie reserves the right to use client websites and content in the course of marketing and promotion. This includes highlighting the clients through a client portfolio and using examples and pictures off client websites for advertising purposes.

Limitation of Liability

Under no circumstances shall WittyCookie, its employees, agents, directors, or affiliates be held liable to clients for any damages incurred. These include, without limitation, direct loss, indirect loss, incidental damages, loss of business or profits, damage to computers, systems or software, and any other consequential damages arising as a result of the use or inability to use WittyCookie services and content.

WittyCookie takes no responsibility for copyright infringement resulting from content or material that was submitted or otherwise provided by clients. WittyCookie retains the right to refuse any material that is knowingly copyrighted or trademarked unless sufficient evidence is demonstrated that permission has been granted to use such material. We reserve the right to refuse the submission of any content, regardless of legal ownership, at our sole discretion.

WittyCookie websites may include typographical, technical, or visual content errors. WittyCookie does not guarantee that website material is necessarily accurate, complete, or current. WittyCookie may make changes to website material at any given time without prior notice.

The aforementioned limitations apply only as far as the law permits. As some jurisdictions do not allow for limitations on consequential and incidental damages these limitations may not necessarily apply to you.

Force Majeure

Neither party shall be held liable for failure or delay to fulfil these terms and conditions due to events beyond the reasonable control of the party. Force Majeure events must be external, unpredictable, and irresistible. Such events include, but are not limited to: war, terrorism, political upheaval, natural disasters, riots, insurrections, labour crises, hostilities, government sanctions, embargoes, and other Acts of God. Parties affected by such an event shall inform the other party as promptly as possible of the circumstances and existence of the issue and make every reasonable attempt to minimize the effects of the event as it relates to the relevant terms and conditions.

Prohibited Uses

As a condition of using this website or WittyCookie services you agree that you will use this or any contracted website for lawful purposes only. Any violation of the law or of these terms and conditions requires the client to provide immediate notification to WittyCookie. In the case of such a violation, the client must provide every reasonable effort to promptly and effectively resolve the violation. WittyCookie reserves the right to suspend or terminate service to transgressing clients.

Examples of prohibited conduct and content include, but are not limited to:

  • The utilization of viruses, worms, or other disruptive and harmful components
  • Anything that infringes on the rights of third party actors such as copyright or trademark infringement, defamation, or invasion of privacy.
  • Inclusion of content that is indecent, obscene, or profane.
  • Activities or content that assists, engages, or encourages in the commitment of a criminal offense.
  • Infringement upon others through such means as harassment, stalking, intimidation, or threats
  • Engaging in or promoting unauthorized access to other networks, computers, or servers. This includes WittyCookie content and information not made available to the client.
  • Impersonation or misrepresentation of an association with a person or organization

Scope of Work

WittyCookie provides web development and SEO services to clients based on individual needs. All clients understand that initial project start-up will conform to the terms originally agreed upon, and project modifications may require pricing adjustments. Examples include the addition of SEO services to a package, or an increase in the number of pages for a website. Clients understand and agree that they are responsible for providing necessary content for their websites, including text and image content.

Further Information

If you have any questions about these terms and conditions, or require clarification on any of the aforementioned components, please contact us at info@wittycookie.com.

Last revised on: May 26, 2014

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