Terms of Service
These terms and conditions govern your use of TechCreations Labs services and website. By engaging our services or using our website, you agree to be bound by these terms.
Table of Contents
1. Acceptance of Terms
By accessing our website, submitting a contact form, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These terms constitute a legally binding agreement between you and TechCreations Labs.
If you do not agree with any part of these terms, you must not use our services or website.
Professional Services Agreement
For specific projects, a separate Service Agreement may be provided with additional terms, timelines, and project specifications. In case of conflicts, the Service Agreement takes precedence for that specific project.
2. Services Description
Web Development Services
- WordPress to Astro Migration: Complete website migration from WordPress to modern Astro framework
- Custom Website Development: New website builds using modern technologies
- Performance Optimization: Website speed and Core Web Vitals improvements
- Maintenance & Support: Ongoing website updates and technical support
Hosting Services
- VPN-Protected Hosting: Secure hosting with VPN access protection
- Daily Backups: Automated daily backups with restoration capabilities
- API-Secured Access: Advanced security controls for website access
- 24/7 Monitoring: Continuous uptime and performance monitoring
Audit & Analysis Tools
- Performance Audit Tool: Free website analysis using Google PageSpeed Insights
- ROI Calculator: Revenue impact projections for performance improvements
- Technical Reports: Detailed analysis and recommendations
3. Client Responsibilities
To ensure successful project completion, clients are responsible for:
- Content Provision: Providing all website copy, images, and content in a timely manner
- Brand Assets: Supplying logo files, brand guidelines, and style preferences
- Access Credentials: Providing necessary access to current websites, hosting, and domains
- Timely Feedback: Reviewing and providing feedback within agreed timeframes
- Payment: Making payments according to the agreed schedule
- Testing: Participating in user acceptance testing before project completion
Project Delays
Delays in providing required assets or feedback may extend project timelines. Projects on hold for more than 30 days due to client non-responsiveness may incur additional fees or be terminated.
4. Payment Terms
Project Payments
- Deposit: 50% deposit required before project commencement
- Final Payment: 50% due upon project completion and delivery
- Payment Methods: Bank transfer, credit card, or other agreed methods
- Currency: All prices quoted in Canadian Dollars (CAD) unless otherwise specified
- Late Payments: 2% per month interest on overdue amounts
Hosting & Recurring Services
- Billing Cycle: Monthly or annual billing as selected
- Auto-renewal: Services automatically renew unless cancelled
- Price Changes: 30-day notice for price changes
- Refunds: Pro-rated refunds for cancelled annual plans
Additional Costs
- Third-party Services: Domain registrations, premium plugins, or services are billed separately
- Scope Changes: Modifications beyond original scope may incur additional fees
- Rush Projects: Expedited delivery may include rush charges
5. Project Delivery & Timeline
Delivery Process
- Staging Environment: Projects are developed and tested in a staging environment
- Client Review: Clients have 7 days to review and provide feedback
- Revisions: Minor revisions included; major changes may incur additional costs
- Zero Downtime: Live sites remain operational during migration
- Go-Live: Final deployment after client approval
Timeline Estimates
- WordPress Migration: 6-8 weeks typical completion time
- New Website Build: 8-12 weeks depending on complexity
- Performance Optimization: 2-4 weeks for analysis and implementation
- Rush Projects: May be available with additional fees
30-Day Satisfaction Guarantee
We stand behind our work. If you're not satisfied with the completed project within 30 days, we'll work to make it right at no additional cost.
6. Intellectual Property
Client Ownership
- Website Content: Clients retain ownership of all provided content, images, and copy
- Custom Code: Client owns custom code developed specifically for their project
- Domain & Hosting: Client maintains ownership of domains and hosting accounts
- Final Deliverables: Upon full payment, client receives all project files
TechCreations Labs Rights
- Proprietary Tools: We retain ownership of our development frameworks and tools
- General Knowledge: Techniques and general methodologies remain our intellectual property
- Portfolio Rights: Permission to showcase completed work in our portfolio (with client approval)
- Third-party Licenses: Open-source and third-party code retains original licensing
Copyright & Licensing
- Clients are responsible for ensuring they have proper rights to all content provided. We are not liable for copyright infringement of client-provided materials.
7. Warranties & Disclaimers
Service Warranties
- Professional Standards: All work performed to industry professional standards
- Code Quality: Clean, maintainable code following best practices
- Performance: Websites optimized for speed and Core Web Vitals
- Hosting Uptime: 99.9% uptime guarantee for hosting services
- Bug Fixes: 30-day warranty for bugs in delivered code
Disclaimers
- EXCEPT AS EXPRESSLY SET FORTH HEREIN, TECHCREATIONS LABS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Third-party Services: No warranty for third-party services, plugins, or platforms
- Future Compatibility: No guarantee of future compatibility with evolving technologies
- Search Rankings: No guarantee of specific search engine rankings
- Revenue Impact: ROI projections are estimates based on industry data
8. Limitation of Liability
IN NO EVENT SHALL TECHCREATIONS LABS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
- Maximum Liability: Our total liability shall not exceed the amount paid for the specific service
- Data Loss: While we maintain backups, clients are responsible for their own data backup
- Business Interruption: Not liable for business interruption or lost revenue
- Force Majeure: Not liable for delays due to circumstances beyond our control
Client Responsibility
Clients are strongly advised to maintain their own backups and test all deliverables thoroughly before going live. We provide staging environments for testing but cannot be held liable for issues not reported during the review period.
9. Hosting Service Terms
Acceptable Use Policy
- Our hosting services may not be used for:
- Illegal activities or content
- Spam or unsolicited email distribution
- Resource-intensive applications that affect server performance
- Hosting other clients' websites without prior arrangement
- Adult content or gambling websites
- Cryptocurrency mining or similar resource-intensive activities
Service Levels
- Uptime: 99.9% uptime guarantee with service credits for downtime
- Support: 24/7 technical support via email
- Backups: Daily automated backups retained for 30 days
- Security: Regular security updates and monitoring
Data & Backups
- Backup Policy: Daily backups provided as a courtesy, not a guarantee
- Data Retention: Backups retained for 30 days after service termination
- Client Responsibility: Clients should maintain their own backup copies
- Data Migration: Assistance provided for migrating data upon service termination
10. Termination
Termination by Client
- Project Termination: Client may terminate projects with written notice
- Work Completed: Payment due for all work completed to termination date
- Hosting Services: 30-day notice required for hosting cancellation
- Data Delivery: All completed work and data provided upon termination
Termination by TechCreations Labs
- Non-payment: Services may be terminated for non-payment after 30 days
- Policy Violations: Immediate termination for acceptable use policy violations
- Client Non-cooperation: Termination for failure to provide required materials
- Notice Period: 30-day notice provided except for policy violations
Effects of Termination
- Service Cessation: All services stop at termination date
- Data Backup: 30-day grace period for data retrieval
- Outstanding Payments: All outstanding amounts become immediately due
- Confidentiality: Confidentiality obligations survive termination
11. Privacy & Data Protection
Your privacy is important to us. Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these terms by reference.
- Data Processing: We process personal data in accordance with GDPR and PIPEDA
- Client Data: Client retains ownership of all data hosted on our services
- Confidentiality: We maintain strict confidentiality of all client information
- Security: Industry-standard security measures protect all data
12. Governing Law
These Terms of Service are governed by the laws of Ontario, Canada, without regard to conflict of law principles. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts in Toronto, Ontario, Canada.
Dispute Resolution
- Negotiation: Good faith effort to resolve disputes through direct communication
- Mediation: If negotiation fails, disputes may be submitted to mediation
- Arbitration: Binding arbitration as alternative to court proceedings
- Legal Action: Court proceedings in Toronto, Ontario as last resort
13. Changes to Terms
We reserve the right to update these Terms of Service at any time. Changes will be effective immediately upon posting on our website. We will notify clients of material changes through:
- Email notification to current clients
- Notice on our website homepage
- Updated "Last Updated" date on this page
14. Contact Information
If you have any questions about these Terms of Service or need clarification on any provisions, please contact us:
TechCreations Labs
Questions Before Signing?
We encourage you to ask questions about these terms before engaging our services. We're happy to clarify any provisions or discuss how they apply to your specific project.