Terms of Service
This agreement applies as between you, the User of our Services and CodeLink.ca Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Services. If you do not agree to be bound by these terms and conditions, you should stop using the Services immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content”
means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“CodeLink ”
means CodeLink.ca;
“Service”
means collectively any online facilities, tools, services or information that CodeLink.ca makes available through the Services either now or in the future;
“System”
means any online communications infrastructure that CodeLink.ca makes available through the Services
either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
Acceptance
It is not necessary for you to sign and to accept these terms and conditions for them to apply. If you accept a quote from CodeLink.ca then you will be deemed to have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any use of our services implies that you have read and accepted the terms and conditions.
Copyright
You retain the copyright to data, files and graphic logos provided by you, and grants CodeLink.ca the rights to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are also granting CodeLink.ca permission and rights for use of the same and agrees to indemnify and hold harmless CodeLink.ca from any and all claims resulting from your negligence or inability to obtain the necessary copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by you to CodeLink.ca that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Intellectual Property
All Content included on the Services, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of CodeLink.ca our affiliates or other relevant third parties. By continuing to use the Services you acknowledge that such material is protected by applicable national and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Services unless otherwise indicated on the Services or unless given express written permission to do so by SpeedyGoogle.com.
Trademarks & Disclaimers
Apple, the Apple logo, iOS are registered trademarks of Apple, Inc. Android, Google Play, Google are a trademark of Google Inc.
All other brands or product names are trademarks of their registered holders. Although we have tried to provide accurate and timely information, the content on this site may not be accurate, complete or current and may include technical inaccuracies or typographical errors
Description of Service
CodeLink.ca may provide you with one or more of the following services:
Website Design, Mobile App Design or Business-related website pages, and other forms of Internet Marketing and shop Services. Other customised technology services Unless explicitly stated otherwise, any addition of a new feature that augments or enhances the Services shall be considered to be part of the Services. Company reserves the right to modify, suspend or discontinue the Services (or any part thereof), based on noncooperation, non-payment, or unwanted delay from client, at any time, without notice. You agree that you, or any related third party, shall not hold CodeLink.ca or its suppliers liable for any losses, damages or consequences whatsoever from such modification, suspension or discontinuation of the Services.
Client Review
CodeLink.ca will provide you with an opportunity to review the appearance and content of the website during the project phase and once the project is completed. At the completion of the project, such materials will be deemed to be accepted and approved.
Access to Information
For purposes of the Agreement, all web pages that are owned, operated or hosted by, or on behalf of, or for you, are referred to herein as the Company Websites. To access the Company Services or Company Websites you may be asked to provide certain registration details or other information. It is a condition of you using our Services or accessing the Company Website that all the information you provide will be correct, current, and complete. If we believe the information that you have provided is not correct, current, or complete, we have the right to refuse you access to any Company Websites or Services or any of its resources, and to terminate or suspend your account at any time.
Client Obligations
You will provide CodeLink.ca with reasonable direct and remote access to your website, and you agree to provide such other reasonable assistance as CodeLink.ca may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable CodeLink.ca to comply with its obligations under this Agreement.
CodeLink.ca shall provide the Services during the continuance of this Agreement CodeLink.ca will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the consultation.
Where the Service being provided requires, CodeLink.ca will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. CodeLink.ca shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in CodeLink.ca breaching its obligations under this Agreement.
CodeLink.ca will not make changes to or update a Customer’s website prior to your written or verbal consent, stating that CodeLink.ca has the right to make the agreed changes, and that you take full responsibility for those changes being made.
Turnaround Time and Content Control
CodeLink.ca will install and publicly post or supply your website by the date specified in the project proposal, or at date agreed with you upon CodeLink.ca receiving initial payment, unless a delay is specifically requested by you and agreed to by CodeLink.ca. In return, you agree to delegate a single individual as a primary contact to aid CodeLink.ca with progressing the commission in a satisfactory and expedient manner. During the project, CodeLink.ca will require you to provide website content; text, images, or any type files required within the project.
Access Requirements
If your website is to be installed on a third-party server, CodeLink.ca must be granted temporary read/write access to your storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server
Post-Placement Alterations
CodeLink.ca cannot accept responsibility for any alterations caused by a third party occurring to your pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
Domain Names & Hosting
CodeLink.ca may purchase domain names & Hosting on your behalf. Payment and renewal of those domain names is your responsibility. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of CodeLink.ca. You should keep a record of the due dates for payment to ensure that payment is received in good time.
Design Credit
A link to CodeLink.ca will appear in either small type or by a small graphic at the bottom of your website. If a graphic is used, it will be designed to fit in with the overall site design. If you request that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than $5000 a fixed fee of $500 will be applied. You also agree that the website developed for you may be presented in CodeLink.ca portfolio.
Failure to provide required website content
CodeLink.ca is to ensure that work required is carried out at the scheduled time. On occasions CodeLink.ca may have to reject additional work which has not been agreed on in the project proposal and before the work agreed on is completed at the time arranged. This is why CodeLink.ca asks you to provide all the required information in advance.
On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement, we reserve the right to close the project.
Charges
Charges for services to be provided by CodeLink.ca are defined in the project quotation that you receive in our e-mail confirmation. Quotations are valid for a period of 30 days. CodeLink.ca reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise, Corporate website design services require an advance payment of 50% of the project quotation total before work takes place. This is non-refundable. A second charge of 25% is required after the development stage, supplied to the Client for review. The remaining 25% of the
project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
Payment
Invoices will be provided by CodeLink.ca upon completion but before publishing the live website. Invoices are sent via email in PDF format. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) per month of the total amount due.
Default
Accounts unpaid for thirty (30) days after the date of invoice will be considered in default. If the you are in default and you maintain any information or files on and CodeLink.ca Web space, v will, at our discretion, remove all such material from our web space. CodeLink.ca is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve you of the obligation to pay any outstanding charges assessed to your account. Clients with accounts in default agree to pay CodeLink.ca reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by CodeLink.ca in enforcing these Terms and Conditions
Additional Expenses
You agree to reimburse Projected Design for any additional expenses necessary for the completion of the work. Examples would be purchase of Copywriting, premium features, special fonts, stock photography etc.
Refund & Cancellation Policy
Website Design & Shop services and other development projects require extensive resources and consume time and of course incur expenses. Because of that we cannot refund you once a payment or deposit is made thus our services are non-refundable. If a project gets cancelled, delayed or postponed by you, then all monies paid will be retained by CodeLink.ca and additional costs may be charged if the work completed was beyond what was already paid for.
All amounts owed by you to CodeLink.ca for Services rendered prior to the verified cancellation date must be paid in full. There will be no prorating for partial months throughout the Agreement. Due to account security and privacy concerns, all billing related questions and cancellation requests must be made in writing or via email.
Cancellation requests will only be processed if made by the initial authorizing party and if received in writing. There will be no refunds of any monies for any cancellation requests made after the cooling off period of 2 days from the date of order. For security and training purposes, conversations inbound and outbound (on phone, email, whatsapp, skype or any other means of communication) with our representatives or offices may be digitally recorded and the recordings form a part of the contract between CodeLink.ca and you.
Any cancellations done after the cooling off period by you, for any reason whatsoever, will lead to a full payment of the agreed price and immediate termination of the contract, until otherwise mutually agreed between CodeLink.ca and you.
Termination
Termination of services by you must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. You will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Web Browsers
CodeLink.ca makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, Safari etc.). You agree that CodeLink.ca cannot guarantee correct functionality with all browser software across different operating systems. CodeLink.ca cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to you. As such, CodeLink.ca reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Privacy
For the purposes of applicable data protection legislation, the CodeLink.ca will process any personal data you have provided to it in accordance Privacy Policy available on the CodeLink.ca website or on request from CodeLink.ca.
You agree that, if you have provided CodeLink.ca with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to CodeLink.ca and (2) that you have brought to the attention of any such third party the Privacy Notice available on the CodeLink.ca website or otherwise provided a copy of it to the third party. You agree to indemnify CodeLink.ca in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
CODELINK.CA MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE OF SATISFACTORY QUALITY, THAT IT WILL BE FIT FOR A PARTICULAR PURPOSE, THAT IT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, THAT IT WILL BE COMPATIBLE WITH ALL SYSTEMS, THAT IT WILL BE SECURE AND THAT ALL INFORMATION PROVIDED WILL BE ACCURATE. WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICE.
ALL FEES ARE NON-REFUNDABLE.
CODELINK.CA HAS NO CONTROL OVER THE POLICIES AND RANKING ALGORITHMS OF SEARCH ENGINES WITH RESPECT TO THE TYPE OF SITES AND/OR CONTENT THAT THEY ACCEPT NOW OR IN THE FUTURE. YOUR WEB SITE MAY BE EXCLUDED FROM ANY SEARCH ENGINE OR DIRECTORY AT ANY TIME AT THE SOLE DISCRETION OF THE SEARCH ENGINE OR DIRECTORY.
DUE TO THE COMPETITIVENESS OF SOME KEYWORDS/PHRASES, ONGOING CHANGES IN SEARCH ENGINE RANKING ALGORITHMS, AND OTHER COMPETITIVE FACTORS, CODELINK.CA DOES NOT GUARANTEE NO.1 POSITIONS OR CONSISTENT TOP 10 POSITIONS FOR ANY PARTICULAR KEYWORD, PHRASE, OR SEARCH TERM.
CODELINK.CA ASSUMES NO LIABILITY FOR RANKING, TRAFFIC, INDEXING ISSUES, TEMPORARY BOOST, NEW SITE BOOST EFFECT OR LISTINGS DROP.
CODELINK.CA MAKES NO GUARANTEE/WARRANTY OF PROJECT TIMELINE OR ADDED
EXPENSES IF THE SEO WORK IS DESTROYED EITHER WHOLLY OR IN PARTS, EITHER KNOWINGLY OR UNKNOWINGLY BY ANY PARTY OTHER THAN CODELINK.CA OR WITHOUT THE PRIOR CONSULTATION OF CODELINK.CA. SEO WORK IS CONSIDERED TO BE DESTROYED EITHER WHOLLY OR IN PARTS IF FOLLOWING CHANGES (BUT ARE NOT LIMITED TO) ARE MADE TO A WEBSITE BY ANY PARTY OTHER THAN CODELINK.CA OR WITHOUT FIRST CONSULTING CODELINK.CA.
CODELINK.CA MAKES NO GUARANTEE/WARRANTY OF PROJECT TIMELINE OR ADDED
EXPENSES (LIKE CHARGING ADDITIONAL FEES ETC) IF YOU: FAIL TO RESOLVE CODELINK.CA QUERIES ON TIME; OR CAUSE DELAYS IN PROVIDING REQUIRED ACCESS, DOCUMENTS, PERMISSIONS OR ANY SUPPORT FOR SEARCH ENGINE OPTIMIZATION PURPOSE; OR FAIL TO MAKE NECESSARY CHANGES ON THE WEBSITE AS AND WHEN ADVISED BY CODELINK.CA FOR CARRYING OUT THE SEARCH ENGINE OPTIMIZATION SERVICES; OR THERE IS A SERVER OUTAGE FOR PROLONGED TIME ON YOUR SITE.
CODELINK.CA IS NOT RESPONSIBLE FOR YOU OVERWRITING SEO WORK. YOU WILL BE CHARGED AN ADDITIONAL FEE FOR RE-CONSTRUCTING, RE-OPTIMIZING CONTENT/WEB PAGES, BASED ON THE HOURLY RATE OF SPEEDYGOOGLE.COM.
YOU GUARANTEE THAT ANY ELEMENTS OF TEXT, GRAPHICS, PHOTOS, DESIGNS, TRADEMARKS, OR OTHER ARTWORK PROVIDED TO CODELINK.CA FOR INCLUSION ON THE WEBSITE ABOVE ARE OWNED BY YOU, OR THAT YOU HAVE RECEIVED PERMISSION FROM THE RIGHTFUL OWNER(S) TO USE EACH OF THE ELEMENTS, AND WILL HOLD HARMLESS, PROTECT, AND DEFEND CODELINK.CA AND ITS SUBCONTRACTORS FROM ANY LIABILITY OR SUIT ARISING FROM THE USE OF SUCH ELEMENTS.
Availability of the Services
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
CodeLink.ca accepts no liability for any disruption or non-availability of the Services resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Liability
CodeLink.ca hereby excludes itself and or its Agents from all and any liability from: i)Loss or damage caused by any inaccuracy; ii)Loss or damage caused by omission; iii)Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website; iv) Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of CodeLink.ca to you in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
To the maximum extent permitted by law, CodeLink.ca accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Services or any information contained therein. You should be aware that they use the Services and its Content at their own risk.
Limitation of Liability
Nothing in these terms and conditions excludes or restricts CodeLink.ca’s liability for death or personal injury resulting from any negligence or fraud on the part of CodeLink.ca.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
Indemnity
All CodeLink.ca services may be used for lawful purposes only. You agree to indemnify and hold CodeLink.ca harmless from any claims resulting from your use of our service that damages you or any other party
Termination for Cause
CodeLink.ca reserves the right to immediately terminate this Agreement and deactivate your account and access to Services or Company Websites if we believe, in our sole and absolute discretion, that you have: Violated, or threaten to violate, the terms of this Agreement; or Created, or are creating, websites as a nuisance or in a deliberate attempt to degrade or otherwise interfere with the Services or Company Websites. Any user who is terminated for cause under this section hereby agrees to forfeit any and all rights, claims and/or causes of action against CodeLink.ca, including without limitation your rights for any losses, expenses, damages or costs incurred as a result of such termination and deactivation.
Force Majeure
CodeLink.ca shall not be liable or deemed to be in default under this Agreement for any delay or failure to perform resulting from (a) accidents, fire, labor disputes, epidemics, war, terrorist acts, riots, insurrections, power blackouts, acts of nature or causes beyond its reasonable control without its fault or negligence, (b) acts or omissions of the other Party or of a third Party (other than the non-performing Party’s own agents or contractors), or (c) compliance with any law, regulation, ruling, order or requirement of any federal, state or municipal government or agency or court of competent jurisdiction (a Force Majeure Condition).
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us by email to [email protected] Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Law and Jurisdiction
These terms and conditions and the relationship between you and CodeLink.ca shall be governed by and construed in accordance with the Law of Canada.