The Legal Stuff

Terms & Conditions

Delivery Maple Moon Web Design Inc will deliver the products and services proposed in the Project Scope. In return, The Client agrees to pay Maple Moon Web Design Inc the amount proposed in the Project Estimate according to the Payment Schedule. Any work requested by The Client, and not included in the Project Scope, will be additionally charged to The Client at the company standard hourly rate of $150 (unless otherwise specified). A project is considered complete when The Client has signed off on the project, made the final payment, or 15 days after The Client has received the final product or service but not signing off on it. 

Process Project is divided in several phases. Each phase must be completed before work on the next phase may begin. A phase is considered completed when The Client approves the work in progress assigned to that phase. 

Content Any content not expressly included in the scope of work will be the responsibility of The Client. This can include, (but is not limited to): logos, copy, photography and video. 

Feedback Maple Moon Web Design Inc will deliver the work in progress proposed in the Statement of Work to The Client for review and approval. The Client agrees to provide prompt feedback to the work in progress presented and allow uninterrupted production flow. Absence of prompt feedback will postpone the estimated completion date and may result in Hold Fees. 

Hold Fee A project will be put on hold if Feedback is not received within 15 days. Maple Moon Web Design Inc reserves the right to charge a Hold Fee in any amount up to $500 or 5% of the total project amount, whichever is less. 

Errors and Omissions It is The Client’s ultimate responsibility to thoroughly review the work in progress and final product or service before approving it. Maple Moon Web Design Inc will do its best to identify and eliminate any content-related error and omission. However, Maple Moon Web Design Inc is not responsible should any such error or omission go undetected and become a part of the final materials. 

Corrections Maple Moon Web Design Inc will correct technical issues related to codes and functionality of website components that resulted from Maple Moon Web Design Inc oversight within 15 days of project completion. 

Indemnity The Client agrees to indemnify and hold harmless Maple Moon Web Design Inc from any loss, expense, and damages arising out of violation of copyright or trademark laws from the illegal use of images, photographs, slogans, trademarks, or graphical work supplied by The Client. 

Intellectual Property Rights  Maple Moon Web Design Inc will retain the rights to all parts of intellectual property it has developed. The Client will retain the intellectual property right to the products and services listed under Statement of Work. Credit Maple Moon Web Design Inc retains the right to display graphics and other web content elements as examples of their work in their portfolio and as content features in other projects. The Client agrees that the Maple Moon Web Design Inc may put a byline on the bottom of their web page establishing design and development credit. 

Payment Schedule Please see the Payment Terms in the work scope portion of this document. Each payment is due immediately after the phase is complete. The next project phase will not begin until the prior phase payment has been received. Late payments will result in production delays and/or late fees. 

Late Fee Late fees will be assessed at 2% monthly interest rate for the amount owed. The assessment of the late fees will begin accumulating 15 days after the date on the final invoice. 

Refunds Certain items cannot be returned or refunded due to their nature. These items include, but are not limited to: Stock photography, music, web hosting*, web care plans*, domain names, statistical packages and software, etc. (*one month’s notice is required) 

Point of Contact Maple Moon Web Design Inc will require one point of contact during the Project for clarifying requirements for design, key features, usability and maintenance issues. Maple Moon Web Design Inc requires this person be available to answer questions arising from the project within 24 hrs on workdays (subject to reasonable exceptions), and to have authority to make design and related decisions on the system. 

Cancellation In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained by Maple Moon Web Design Inc, and Maple Moon Web Design Inc shall be compensated by The Client for the services performed through the date of cancellation based on an hourly rate of $150 (unless otherwise specified). If The Client fails to contact Maple Moon Web Design Inc, and Maple Moon Web Design Inc is unable to contact The Client, for more than 30 days, cancellation of the assignment will be presumed and the above terms will apply. 

Search Engines Maple Moon Web Design Inc has no control over ranking and does not guarantee a presence of any developed or hosted website on any search engine. 

Warranty Period Any errors made by Maple Moon Web Design Inc reported within 30 days of the website going live will be fixed without any fee. Any bugs or errors reported after the website has been live on the Internet for 30 days will be billed on an hourly basis at $150/hour (unless otherwise specified). 

Limitation of Liability THE SERVICES AND THE WORK PRODUCT OF MAPLE MOON WEB DESIGN INC ARE SOLD “AS IS.” IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF MAPLE MOON WEB DESIGN INC, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF MAPLE MOON WEB DESIGN INC. IN NO EVENT SHALL MAPLE MOON WEB DESIGN INC BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY MAPLE MOON WEB DESIGN INC, EVEN IF MAPLE MOON WEB DESIGN INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. March 2021

Terms of Service

Last updated: 2022-08-19 14:20:55

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://maplemoonwebdesign.com Website (the “Website”) operated by Maple Moon Web Design Inc, a(n) Corporation formed in Ontario, Canada (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Our offers and pricing

We offer services and digital products on this Website. The price of these services and digital products is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees.

Purchases

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. You may make purchases using the following third party payment processors: PayPal and Stripe. We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors. The following payment method(s) are accepted by the third party payment processors: bank transfer, MasterCard, and Visa.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

Cancellation policy

We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only prior to performance of the service and By agreement with us.. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will not be able to issue you a refund of the purchase price that you paid if you cancel your purchase.

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

Refund policy

We do not offer refunds on any purchases made on this Website.

Advance payments

We may ask you to provide an advance payment on any purchase made of the services and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products.

We will issue you a refund of the advance payment that you made if we cancel.

We will not be able to issue you a refund of the advance payment that you made if you cancel.

NO WARRANTY ON PURCHASES

THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Remedies

You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be none. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Subscriptions

This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is 1 month, quarter or year , depending which plan the user chooses.

WE DO NOT OFFER THE OPTION TO REVOKE YOUR SUBSCRIPTION SHORTLY AFTER MAKING YOUR PURCHASE.

THERE IS NO MINIMUM PURCHASE REQUIRED TO QUALIFY FOR THE SUBSCRIPTION.

AUTOMATIC RENEWALS OF SUBSCRIPTIONS

WHEN YOU PURCHASE A SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EACH MONTH, QUARTER OR YEAR, DEPENDING WHICH PLAN THE USER CHOOSES. WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION VIA EMAIL BY CONTACTING US AT SUPPORT@MAPLEMOONWEBDESIGN.COM. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ON YOUR CANCELLATION EFFECTIVE DATE.

YOU MUST PROVIDE US WITH 1 MONTHS NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.

Comments and uploading content

By submitting a comment or uploading content onto this Website, you grant Maple Moon Web Design Inc a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto this Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

• Content that harasses others;
• Content that is discriminatory or offensive;
• Swearing, name calling and otherwise abusive content;
• Pornographic and sexually explicit content;
• Content displaying, depicting or suggesting violence;
• Content that exploits or abuses children;
• Content encouraging or committing illegal acts;
• Content sharing personal information without consent;
• Content infringing on someone’s rights, including intellectual property rights;
• Content advertising products or services without our permission;
• Content whose purpose is spamming others.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

1. Impersonating or attempting to impersonate Maple Moon Web Design Inc or its employees, representatives, subsidiaries or divisions;
2. Misrepresenting your identity or affiliation with any person or entity;
3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
11. Otherwise attempting to interfere with the proper working of the Website;
12. Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.

NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Availability, errors and inaccuracies

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

DAMAGES AND LIMITATION OF LIABILITY

IN NO EVENT SHALL MAPLE MOON WEB DESIGN INC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF MAPLE MOON WEB DESIGN INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF MAPLE MOON WEB DESIGN INC. THE AGGREGATE LIABILITY OF MAPLE MOON WEB DESIGN INC. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY MAPLE MOON WEB DESIGN INC BY YOU.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2004 – 2022 Maple Moon Web Design Inc or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Maple Moon Web Design Inc and are either registered trademarks, trademarks or otherwise protected intellectual property of Maple Moon Web Design Inc or third parties in Canada and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Lorraine McNulty at info@maplemoonwebdesign.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Maple Moon Web Design Inc
Lorraine McNulty
info@maplemoonwebdesign.com
905 985 5249
151 Aldred Drive,
Port Perry
ON, L9L 1B4
CANADA

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Ontario, Canada.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.

Language

The parties have expressly required that these Terms of Service and any communications hereunder be drafted in the English language. Les parties ont expressément que le présent accord and route communication ci-après soient rédigés dans la langue anglaise.

Questions

If you have any questions about our Terms of Service, please contact us at info@maplemoonwebdesign.com.