Canada Create™ — Terms of Services

Effective From: April 14, 2023
Last Updated: October 26, 2025

1) Scope of Services

These Terms of Services (the “Terms”) govern all products and services offered by Canada Create™ (“we,” “us,” “our”), including but not limited to: website design & development, hosting and maintenance, SEO, branding and creative, copywriting, photography/videography editing, social media, email/SMS marketing, Customer Data & CRM integrations, paid advertising (e.g., Google/YouTube, Meta), analytics & conversion rate optimization, automations, and related professional consulting.

MagneticLandingPage.com (“Magnetic Landing Page”) is an exclusive lead-generation product developed by Canada Create Corporation.

2) Work Plan, Deliverables & Revisions

Work Plan. We provide a work plan (the “Work Plan”) listing specifications, deliverables, milestones, and a compensation schedule. Upon your written approval, the Work Plan becomes Exhibit “A” and forms part of these Terms.
Revisions. Unless otherwise stated, each major phase includes up to two (2) rounds of revisions. Additional revisions, new scope, or changes after sign-off may incur additional fees and schedule adjustments via a signed Work Plan Amendment.
Third-Party Assets. Stock media, fonts, plugins, templates, APIs, and licensed software remain the property of their respective owners and are used under their licenses. Any license costs will be identified in the Work Plan or invoiced as pass-through fees.

3) Acceptance Testing

Upon completion of deliverables, you have 20 days to inspect and test against acceptance criteria. If deficiencies are identified, we have 15 days to correct. If issues persist, you may either repeat testing once more or terminate under Section 14 (Termination & Suspension). Final payment for that phase is due upon acceptance.

4) Payment, Deposits & Billing

Pricing & Schedule. Total contract price and installments are as per the Website Development Agreement or Work Plan.
Deposit. A project deposit is due at kickoff.
Footer Credit Discount. Pricing may include a 50% discount in exchange for an attribution link (e.g., “Website Design by Canada Create”) in the footer of delivered web pages. If removed, the discount is reversed and immediately payable.
Payment Method. Fees are processed automatically via card on file, e-transfer, or other secure digital payment systems (e.g., Stripe/PayPal) as authorized by you. If no active card is on file, invoices are due within 30 days of issue.
PPC Management. Management fees for paid media are billed monthly. Where applicable, management fees equal 20% of monthly ad spend (minimum $400). Media spend is billed by the ad platforms directly to you.
Late Payments. Overdue balances accrue 2% interest per month, compounded monthly. You are responsible for reasonable collection costs, including legal fees.
Refunds. Deposits and milestone payments are non-refundable once work has commenced. At our discretion, we may offer partial credits for unperformed phases.

5) Scope Changes

Changes after Work Plan approval require a written proposal and a signed Work Plan Amendment detailing timeline and fee impacts. We are not obligated to perform additional services without an executed amendment.

6) Scheduling & Delays

We will advise you of anticipated delays and corrective actions. If a delivery date is missed, you must allow a 30-day cure period before declaring default. Delays caused by your inaction (e.g., content/approvals) suspend timelines; work resumes when the cause is resolved.

7) Training & Support

We provide reasonable handover training and 90 days of limited support after acceptance (up to 5 hours/month unless otherwise stated). Additional training/support is available at $100/hour or as per a support plan.

8) Representations & Warranties

Performance Warranty. For 90 days after acceptance, deliverables will be free from programming errors and will conform to Work Plan specifications; defects discovered in this period will be remedied at our expense.
Title & Licenses. We warrant the right to provide deliverables and will obtain necessary third-party permissions for included assets. Third-party license terms govern your continued use.
No Disablement. Deliverables will not contain software locks, malicious code, “time bombs,” or similar disablement features.
Compatibility. Deliverables will be compatible with the platform/environment specified in the Work Plan.
Search & Media. We do not guarantee search-engine rankings, ad approvals, or specific performance outcomes.

9) Intellectual Property & Ownership

Work Made for Hire. Subject to full and final payment, you own all right, title, and interest in the finalized deliverables (excluding third-party materials and our pre-existing tools, libraries, and know-how).
Pre-Existing Tools. Our reusable frameworks, scripts, and methods remain ours; we grant you a non-exclusive license to use such tools embedded in the deliverables solely as delivered.
Source Files & Access. Upon final payment, we will provide source files or access credentials reasonably required to operate the deliverables, unless otherwise agreed.

10) Confidentiality & Credential Handling

Both parties will keep confidential any non-public information, including login credentials, customer lists, marketing plans, code, and financials, and will use it solely to perform obligations under these Terms. Each party will implement reasonable safeguards commensurate with sensitivity.

11) Privacy, PIPEDA & PHIPA

We handle personal information in accordance with our Privacy Policy and the Personal Information Protection and Electronic Documents Act (PIPEDA). If we process personal health information in Ontario on your behalf, we will do so in accordance with the Personal Health Information Protection Act (PHIPA) and applicable regulations.

By engaging our services, you consent to electronic communications (e.g., invoices, updates, notices) to the email you provide.

12) Marketing Attribution & Portfolio Use

Unless you request confidentiality in writing before publication, we may display non-confidential work product, mockups, screenshots, or campaign metrics in our portfolio, website, and proposals. Where a footer credit link discount is applied (see Section 4.3), removing the link reverses the discount.

13) Indemnity & Limitation of Liability

Your Indemnity. You agree to defend, indemnify, and hold us harmless from claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from (i) your materials, instructions, or misuse of deliverables; (ii) breach of these Terms; or (iii) violations of law.
Limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST REVENUE, PROFITS, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE FEES PAID BY YOU TO US FOR THE SPECIFIC PHASE OF WORK GIVING RISE TO THE CLAIM.

14) Termination & Suspension

Non-Payment / Inactivity. We may suspend services for non-payment or project inactivity exceeding 30 days. Files may be archived or deleted after 90 days of inactivity.
Convenience. Either party may terminate on written notice if the other materially breaches and fails to cure within 30 days of notice.
Effect of Termination. You will pay for all work performed and costs incurred through the termination date. Non-refundable deposits remain non-refundable.

15) Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including natural disasters, acts of government, labor disputes, internet or hosting outages, supply chain disruptions, or pandemics. Timeframes are extended for the duration of the event.

16) AI & Automation Disclaimer

We may use artificial intelligence and automation tools to assist with research, drafts, and efficiency. We will use commercially reasonable efforts to ensure compliance with applicable intellectual property and privacy laws. You are responsible for reviewing and approving final content for accuracy, legality, and fitness for purpose.

17) Notices

Notices must be in writing and are deemed given when delivered personally, sent by recognized courier, five (5) days after Canada Post mailing with prepaid postage, or when sent to your last known email address.

18) General Provisions

Independent Contractor. We act as an independent contractor; nothing herein creates a partnership, joint venture, or agency.
Entire Agreement. These Terms (with Work Plan/Exhibit and any signed amendments) are the entire agreement, superseding prior understandings.
Amendments. Changes must be in a signed writing by authorized representatives.
Severability. If a provision is unenforceable, the remainder remains in effect.
Time of the Essence. Time is of the essence for all obligations, including delivery and payment.
Assignment. Neither party may assign without written consent, not to be unreasonably withheld.
Bankruptcy. Either party may terminate on written notice upon specified insolvency events of the other.

19) Governing Law & Venue

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute shall be brought exclusively in the courts located in Toronto, Ontario.

By engaging Canada Create™, you acknowledge that you have read, understood, and agree to be bound by these Terms of Services.

Terms of Services