Effective date: April 14, 2023
Last updated: September 29, 2026
Canada Create™ Corporation
126 Willowdale Ave., Suite #3, Toronto, ON M2N 4Y2
Tel: (416) 273-9030 | Toll-free: +1 (800) 808-9235
Email: info@canadacreate.com | Website: canadacreate.com
These Terms of Service (the “Terms”) apply to every product and service provided by Canada Create™ Corporation (“Canada Create™”, “we”, “us”, “our”) to the client named in a proposal, agreement, work plan, invoice or order (“you”, “the client”), and to every visitor who uses this website. By engaging our services, paying an invoice, approving a proposal or continuing to use a deliverable, you accept these Terms. If a signed agreement conflicts with these Terms, the signed agreement governs for that conflict only.
1. Scope of services
These Terms govern all services offered by Canada Create™, including website design and development, ecommerce, website hosting and maintenance, search engine optimization (SEO), Google Business Profile management, paid advertising management (Google, YouTube, Meta, LinkedIn, TikTok and other platforms), branding and creative, copywriting, photography and video, social media management, email and SMS marketing, CRM and automation, AI services, analytics and conversion optimization, cybersecurity services, and related consulting.
2. Agreements, term and cancellation
2.1 Written agreement. Every engagement is defined by a written proposal, agreement or work plan (the “Agreement”) that sets out scope, deliverables, fees, schedule and term. The Agreement forms part of these Terms.
2.2 Term. The term of each engagement is as stated in the Agreement. Terms vary by service and by client and are agreed in writing before work begins.
2.3 No cancellation within the term. An Agreement cannot be cancelled by the client during its term. If the client chooses not to continue, all fees for the full term remain due and payable in full, whether or not the client uses the remaining services.
2.4 No refunds. All fees, deposits, milestone payments and prepaid amounts are non-refundable.
2.5 Renewal. Where an Agreement provides for renewal, it renews on the terms stated in the Agreement unless either party gives written notice before the renewal date as set out in the Agreement.
2.6 Fee changes on renewal. We may adjust fees for a renewal term on at least thirty (30) days written notice before the renewal date. Continuing the services after the renewal date is acceptance of the adjusted fees.
2.7 Purchase orders. Terms printed on a client purchase order, vendor form or portal that conflict with these Terms or the Agreement have no effect, even if we acknowledge or process the document.
3. Work plan, deliverables and revisions
3.1 Work plan. Where applicable, we provide a work plan listing specifications, deliverables, milestones and a payment schedule. Upon your written approval, the work plan becomes part of the Agreement.
3.2 Revisions. Unless the Agreement states otherwise, each major phase includes up to two (2) rounds of revisions. Additional revisions, new scope or changes after sign-off are billed separately and may change the schedule.
3.3 Third-party assets. Stock media, fonts, plugins, themes, templates, APIs and licensed software remain the property of their owners and are used under their licences. Licence costs are identified in the Agreement or invoiced as pass-through costs.
3.4 Client responsibilities. You will provide content, access, approvals and feedback within the timelines in the Agreement. Delays caused by late content, approvals or access extend our timelines accordingly and may result in additional fees.
4. Acceptance
When a deliverable is presented for review, you have ten (10) business days to test it against the acceptance criteria in the Agreement and report deficiencies in writing. We will correct verified deficiencies within a reasonable time. A deliverable is deemed accepted when you confirm acceptance in writing, when the review period passes without written notice of a deficiency, or when you publish, launch or use the deliverable, whichever comes first. Final payment for that phase is due on acceptance.
5. Fees, payment and billing
5.1 Pricing. All fees are quoted in writing in the Agreement. Fees are in Canadian dollars unless stated otherwise and are subject to applicable taxes.
5.2 Payment schedule. Deposits, milestone payments and recurring fees are set out in the Agreement. Work starts when the first payment stated in the Agreement is received.
5.3 Payment method. Fees are processed automatically through the card on file, e-transfer or another secure payment method you authorize. Where no active payment method is on file, invoices are due within thirty (30) days of the invoice date. Recurring fees are billed in advance for each billing period.
5.4 Advertising management fees. The management fee for paid advertising is agreed in the Agreement on a case-by-case basis according to the level of media spend. Media spend is billed by the advertising platforms directly to you and is separate from our management fee.
5.5 Late payments. Overdue balances accrue interest at 2% per month (26.8% per year), compounded monthly, from the due date until paid. You are responsible for reasonable collection costs, including legal fees.
5.6 Suspension for non-payment. We may suspend services, hosting, access and deliverables while any amount is overdue. Suspension does not relieve you of the obligation to pay for the full term.
5.7 Disputed invoices. Invoice disputes must be raised in writing within ten (10) days of the invoice date. Undisputed portions remain payable on time.
5.8 Minimum rate floor. Our services are priced on a minimum effective rate of CAD $80 per hour. If the work required by an ongoing agreement causes the effective rate to fall below that floor for more than three (3) consecutive months, we may notify you in writing and, at our option, adjust the fee, reduce the scope to match the fee, or end the service at the end of the notice month.
6. Scope changes
Changes after approval of the Agreement require a written change request and a signed amendment stating the effect on fees and schedule. We are not obliged to perform additional services without a signed amendment.
7. Scheduling and delays
We will advise you of anticipated delays and corrective actions. If a delivery date is missed, you must allow a thirty (30) day cure period before declaring default. Delays caused by your inaction, including late content, approvals or access, suspend our timelines, and work resumes when the cause is resolved.
8. Support, response times and maintenance
8.1 Sales line. Our toll-free line, +1 (800) 808-9235, is available 24 hours a day, 7 days a week for sales enquiries.
8.2 Customer support. Customer support is available 24 hours a day, 7 days a week through our AI support agent, which records your request and relays it to our team. The standard response time for a support request is 24 to 48 hours during business days. Response times are targets, not guarantees, and do not apply to requests outside the scope of your Agreement.
8.3 Project work. For one-time project work, including website design and development, we provide reasonable handover training and ninety (90) days of limited support after acceptance to correct defects in the delivered work. No other support or maintenance is included in project work.
8.4 Ongoing agreements. For monthly or term-based agreements, we provide up to a combined two (2) hours per month of support outside the scope of the Agreement for the duration of the term. Unused hours do not carry over. Work beyond those hours is quoted in writing.
8.5 Website maintenance. No website maintenance (updates, security monitoring, backups, content changes or fixes) is included in an ongoing marketing agreement or after the 90-day project support period, unless a separate maintenance package is purchased. Maintenance packages are quoted in writing on completion of the website.
8.6 Support requests. Support requests must be submitted through our support channels so that they can be logged, prioritized and tracked. Requests made through other channels may not be actioned.
* Where this website refers to “24/7” sales or support, it refers to the availability described in Sections 8.1 and 8.2 of these Terms.
9. Website hosting
9.1 Plan. Our managed hosting is a flat-rate plan paid annually in advance at the rate published on our website hosting page, plus applicable taxes. The plan includes an SSL certificate, malware cleanup, off-site backups and core software updates at no extra cost.
9.2 Renewal and payment. Hosting renews annually unless cancelled in writing at least thirty (30) days before the renewal date. Hosting fees are non-refundable once the annual period begins.
9.3 Acceptable use. Hosted websites must not be used for unlawful content, spam, malware, phishing, copyright infringement, excessive resource use or any activity that harms our infrastructure or other clients. We may suspend or remove content that breaches this section without notice.
9.4 Backups and data. Backups are provided as a convenience. You remain responsible for keeping your own copies of your content and data. We are not liable for loss of data.
9.5 Suspension and termination. We may suspend hosting for non-payment or breach of these Terms. Following termination or non-renewal, we may permanently delete hosted files, databases and backups thirty (30) days after the end date. You are responsible for making sure a cancellation is delivered to us in writing and acknowledged. Restoring files after deletion, where still possible, and migration to another host are quoted separately.
9.6 Availability. We target 99% uptime for hosted websites, measured over a twelve (12) month period. Scheduled maintenance, third-party and upstream network outages, attacks, client-caused issues and events outside our control are excluded from the measurement. Uptime is a service target and your sole remedy for a shortfall is a service credit at our discretion, not a refund or damages.
10. Client content, approvals and regulated industries
10.1 Sole responsibility for content. You are solely responsible for all content published on your website, advertising accounts, social media accounts, listings, emails and other channels, including content drafted, designed or produced by Canada Create™ on your behalf. Every deliverable is presented to you for review before publication.
10.2 Publication is acceptance. Any content that is published, launched, sent or goes live is deemed reviewed, accepted and signed off by you, whether acceptance was given expressly or by allowing publication. From that point, Canada Create™ has no liability for the accuracy, legality, completeness or compliance of that content.
10.3 Regulated industries. If you operate in a regulated industry, including healthcare, dentistry, pharmacy, legal, financial, insurance, real estate, mortgage, cannabis, alcohol, immigration or any other profession or industry with advertising, privacy or professional conduct rules, you are solely responsible for ensuring that all content, claims, testimonials, images, offers and communications comply with the rules of your regulator, professional college, law society or governing body, and with applicable federal and provincial laws. Canada Create™ does not provide legal, medical, financial or regulatory advice, and our work is not a compliance review.
10.4 Claims and materials. You warrant that all materials, data, claims, credentials, licences, testimonials and results you provide are accurate, lawful and yours to use, and that they do not infringe any third-party right.
10.5 Testimonials and reviews. You are responsible for obtaining valid consent for any testimonial, review or patient or client story used in your marketing.
10.6 No liability. To the maximum extent permitted by law, Canada Create™ has no liability whatsoever arising from content, claims or communications published on your behalf, including regulatory complaints, fines, penalties, professional discipline, takedowns or third-party claims.
11. No guarantee of results
Canada Create™ does not guarantee results of any kind. We do not guarantee search engine rankings, traffic, leads, calls, sales, revenue, conversion rates, advertising approvals, cost per click, cost per lead, review scores, social media reach or any specific business outcome. Search engines, advertising platforms and social networks change their systems without notice and are outside our control. Any figures shown in proposals, case studies or reports are illustrations or past results and are not promises of future performance.
12. Third-party platforms and advertising accounts
12.1 Platform policies. Services that rely on Google, Meta, LinkedIn, TikTok, Microsoft, Apple, Shopify, WordPress, hosting providers, payment processors, CRMs and other third parties are subject to those parties’ terms, policies and availability. We are not responsible for their actions, outages, policy changes, account reviews, suspensions or disapprovals.
12.2 Account ownership. Advertising accounts, analytics properties, Google Business Profiles, domains and social media accounts are set up in your name where the platform allows, and remain yours. You grant us the access needed to perform the services.
12.3 Media spend. Advertising budgets are paid by you to the platforms directly. We are not responsible for platform billing, overspend caused by platform behaviour, or fraud and invalid clicks.
12.4 Access and credentials. You are responsible for keeping your own credentials secure and for the actions of anyone you give access to.
13. Warranties
13.1 Defect correction. For ninety (90) days after acceptance we will, as a courtesy and not as a warranty, correct material programming errors in the delivered work that you report in writing. This courtesy does not cover changes made by you or third parties, third-party software, plugin or platform updates, hosting issues or browser and device changes, creates no liability and does not limit Section 20.
13.2 Title and licences. We warrant that we have the right to provide the deliverables and will obtain the necessary permissions for third-party assets we include. Third-party licence terms govern your continued use.
13.3 No disablement. Deliverables will not contain software locks, malicious code or similar disablement features.
13.4 Disclaimer. Except as stated in this section, all services and deliverables are provided as is, and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
14. Intellectual property and ownership
14.1 Deliverables. Subject to full and final payment and to Section 18, you own the finalized deliverables created specifically for you, excluding third-party materials and our pre-existing tools, frameworks, code libraries, templates, methods and know-how.
14.2 Pre-existing tools. Our reusable tools remain ours. We grant you a non-exclusive, perpetual licence to use them as embedded in the deliverables, solely as delivered.
14.3 Source files and access. On final payment, we will provide the source files or access credentials reasonably required to operate the deliverables, unless the Agreement states otherwise.
14.4 Before full payment. Until all amounts are paid, all deliverables remain our property and we may withhold, suspend or remove them.
14.5 Trademarks. Canada Create™, CC Zone™ and our logos are our trademarks and may not be used without written permission.
15. Confidentiality, non-disparagement and reviews
15.1 The relationship is confidential. Everything that happens within this business relationship is confidential information: the existence and terms of the Agreement, pricing, proposals, communications, credentials, customer lists, marketing plans, code, financial information, our methods and tools, the progress of the work and your experience of working with us. Each party will use confidential information only to perform its obligations and will apply reasonable safeguards appropriate to its sensitivity. This section binds you by virtue of signing an Agreement, approving a proposal, paying any invoice or engaging our services, whether or not a written Agreement was in place and whether the engagement was agreed in writing or verbally.
15.2 No negative publication. You agree not to publish, post, share, submit or cause to be published any negative, disparaging, defamatory or critical statement, rating, review, comment, image, recording or account of Canada Create™, its people, its work or your experience with us, on any platform or medium, including Google, Facebook, Instagram, LinkedIn, X, TikTok, YouTube, Yelp, the Better Business Bureau, Trustpilot, Clutch, any search engine, review site, directory, forum, podcast, private blog, personal social media account, group chat, email list or any other public or semi-public channel, during the term and at any time after it ends. Sharing your experience of this confidential relationship in any negative form is a disclosure of confidential information and a breach of this section.
15.3 Default and remedies. A breach of 15.1 or 15.2 places you in default under these Terms. Because the harm to our reputation and business would be difficult to calculate, you agree to pay liquidated damages of up to one hundred thousand Canadian dollars (CAD $100,000) per breach, in the amount we determine in good faith having regard to the reach, duration and harm of the publication, plus our legal fees and costs on a full indemnity basis, in addition to injunctive relief and any other remedy available at law.
15.4 Cease and desist. If a publication comes to our attention, we will send you a cease and desist notice by email to your last known address. You must remove the publication in full, retract it in writing and confirm removal to us within three (3) business days. If you do not, the maximum liquidated damages under 15.3 apply and we will commence legal proceedings against you without further notice.
15.5 Platforms. You authorize us to report any such publication to the platform on which it appears, to request its removal, and to provide the platform with a copy of this section as evidence of your agreement. You agree that we may also pursue the platform, host, search engine or publisher concerned, including Google, Meta and all search engines, for allowing a breach of this contract to remain on its service after notice, and you will cooperate with any such request or proceeding.
15.6 Applies everywhere. This section applies to publications on private blogs, personal accounts, closed groups, direct messages to third parties, and to statements made through other people on your behalf, in the same way as to public reviews.
15.7 Concerns come to us first. If you are unhappy with any part of our work, your sole avenue is to raise it with us in writing under Section 24.1 (negotiation) so that we can address it privately.
15.8 Survival. This section survives termination indefinitely.
16. Privacy, PIPEDA, PHIPA and CASL
16.1 Personal information. We handle personal information in accordance with our Privacy Policy and the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws.
16.2 Health information. If we process personal health information in Ontario on your behalf, we act as your agent under the Personal Health Information Protection Act (PHIPA) and follow your written instructions. You remain the health information custodian and are responsible for your obligations under PHIPA.
16.3 Your data and users. You are responsible for the lawful collection of personal information on your website and campaigns, including consent notices, cookie disclosures, privacy policies and data subject requests, and for complying with Canada’s Anti-Spam Legislation (CASL) for any email or SMS marketing we send on your behalf, including obtaining valid consent and maintaining unsubscribe lists.
16.4 Electronic communications. By engaging our services you consent to receive invoices, updates, notices and service communications electronically at the email address you provide.
17. Accessibility
Where accessibility standards apply to your organization, including the Accessibility for Ontarians with Disabilities Act (AODA) and WCAG requirements, accessibility conformance must be stated in the Agreement as a specified deliverable. Unless it is, we do not warrant conformance to any accessibility standard, and you are responsible for your accessibility obligations, including content you add after delivery.
18. Signature, credit and portfolio use
18.1 Every work carries our signature. All work we create carries the Canada Create™ signature by design: a visible credit and link to canadacreate.com (for example “Website design by Canada Create™”) in the footer of every website we build, and a credit mark on every design, artwork, video, document or other creative piece we produce. By signing an Agreement, approving a proposal or paying an invoice, you consent to the signature and to where we place it.
18.2 Portfolio and case studies. You consent to us displaying the work, your business name and logo, mockups, screenshots, campaign results and a description of the project in our portfolio, website, case studies, social media, advertising and proposals, during the term and after it ends.
18.3 If you do not agree. If you do not agree to the signature or to portfolio use, do not sign the Agreement and do not engage our services. The only exception is white-label work, which must be requested by you in writing before work begins and agreed in a separate written document at a separate white-label fee. In that case the scope and fees of the Agreement are changed accordingly. No other arrangement removes the signature.
18.4 The signature stays for the life of the work. The signature may not be removed, hidden, altered, covered or made unreadable for as long as the website, artwork or other work exists, whether or not it is hosted with us, and including after the term ends or you move the work to another host or provider.
18.5 Removal is a default. Removing or hiding the signature without a signed white-label agreement is a material breach and a default under these Terms. If we notice any work, intellectual property, product or service of ours used without the signature, we may demand remedies, including immediate restoration of the signature, and we may withdraw our consent to your use of that intellectual property, work, product or service at any time, at our sole discretion. On withdrawal you must stop using the work and remove it from public view until the signature is restored and we confirm our consent in writing. Your ownership and licence under Section 14 are conditional on your compliance with this Section 18.
19. Use of artificial intelligence
We may use artificial intelligence and automation tools to assist with research, drafting, design, analysis, support and efficiency. We use commercially reasonable efforts to comply with applicable intellectual property and privacy laws in doing so. All AI-assisted output is reviewed by our team and presented to you for approval under Section 10. You are responsible for reviewing and approving all final content for accuracy, legality and fitness for purpose.
20. Waiver of liability and release
20.1 Complete waiver. IN CONSIDERATION OF CANADA CREATE™ AGREEING TO PROVIDE SERVICES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU FULLY, FINALLY AND IRREVOCABLY WAIVE, RELEASE AND DISCHARGE CANADA CREATE™ CORPORATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS AND AGENTS FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, INTELLECTUAL PROPERTY, STATUTE OR OTHERWISE, ARISING FROM OR RELATED IN ANY WAY TO THE SERVICES, THE DELIVERABLES, THESE TERMS OR ANY AGREEMENT, DURING THE TERM AND AT ANY TIME AFTER IT ENDS.
20.2 Applies to our own errors. THIS WAIVER APPLIES EVEN WHERE A LOSS RESULTS FROM AN ERROR, OMISSION, DELAY, DEFECT OR MISTAKE BY CANADA CREATE™, AND WHETHER OR NOT THE DELIVERABLES MEET YOUR EXPECTATIONS, SATISFACTION OR STANDARD OF QUALITY. WE WILL DO OUR BEST WORK, AND YOU ACCEPT THE RESULT, QUALITY AND FITNESS OF THE WORK AS IS AND AS DELIVERED.
20.3 No damages of any kind. CANADA CREATE™ IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE, INCLUDING THE RETURN OR RECOVERY OF ANY FEES, DEPOSITS OR AMOUNTS PAID TO US, LOST REVENUE, PROFITS, BUSINESS, GOODWILL, DATA, RANKINGS, LEADS OR ADVERTISING SPEND, EVEN IF ADVISED OF THE POSSIBILITY. ALL AMOUNTS PAID WERE PAID VOLUNTARILY FOR WORK PERFORMED IN GOOD FAITH AND ARE NOT RECOVERABLE ON ANY BASIS. TO THE EXTENT ANY LIABILITY IS FOUND TO EXIST DESPITE THIS SECTION, IT IS LIMITED TO NIL. YOUR SOLE REMEDY FOR ANY DISSATISFACTION IS NOT TO RENEW AT THE END OF THE TERM.
20.4 Intellectual property. YOU WAIVE ANY CLAIM AGAINST CANADA CREATE™ RELATING TO INTELLECTUAL PROPERTY, INCLUDING ANY CLAIM THAT A DELIVERABLE, ASSET, CONTENT, CODE, DESIGN, IMAGE, FONT OR TOOL INFRINGES OR MISUSES YOUR RIGHTS OR THE RIGHTS OF ANY THIRD PARTY, DURING THE TERM AND AFTER IT ENDS. CLEARING RIGHTS BEFORE PUBLICATION IS YOUR RESPONSIBILITY UNDER SECTION 10.
20.5 When the waiver takes effect. This waiver binds you from the earliest of: signing or approving an Agreement or proposal, paying any invoice or deposit, or accepting any service or deliverable, whether or not a written Agreement is in place.
20.6 No claims. You agree not to start, join or assist any claim, suit, complaint, chargeback or proceeding against Canada Create™ for anything released in this section, and that this section is a complete defence to any such proceeding. If you do, you will pay our legal fees and costs on a full indemnity basis.
20.7 Your indemnity. You agree to defend, indemnify and hold harmless Canada Create™, its officers, employees and contractors from all claims, damages, liabilities, fines, penalties, costs and expenses, including reasonable legal fees, arising from (a) your content, materials, products, services, instructions or use of the deliverables; (b) your breach of these Terms or of any law, regulation or professional rule; (c) any claim by your customers, patients, clients, regulators or third parties; or (d) your advertising accounts and media spend.
20.8 Essential basis. You acknowledge that this waiver is an essential basis of the bargain, that our fees reflect it, and that we would not provide services without it. If any part is unenforceable, the rest applies to the fullest extent the law allows.
21. Termination and suspension
21.1 By us. We may suspend or terminate services immediately on written notice if you fail to pay when due, breach these Terms, misuse the services, or if your conduct exposes us to legal or reputational risk. We may also suspend a project after thirty (30) days of client inactivity, and archive or delete project files after ninety (90) days of inactivity.
21.2 For breach. Either party may terminate the Agreement on written notice if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days of written notice.
21.3 Effect of termination. On any termination, all amounts for the full term of the Agreement and for all work performed and costs incurred become immediately due. Sections 2.3, 2.4, 5, 10, 11, 14, 15, 16, 18, 20, 22, 24 and 25 survive termination.
22. Non-solicitation and non-disparagement
22.1 Non-solicitation. During the term and for twenty-four (24) months after it ends, you will not directly or indirectly solicit, recruit, hire or engage, as an employee or contractor, any current or former employee or contractor of Canada Create™ who worked on your account, without our written consent. Because our loss would be difficult to calculate, you agree to pay as liquidated damages, and not as a penalty, an amount equal to twelve (12) months of that person’s most recent total compensation with us, in addition to any other remedy.
22.2 Non-disparagement. Your obligations not to disparage us or publish your experience are set out in Section 15. We will not publish statements intended to harm your reputation.
23. Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, acts of government, labour disputes, internet, platform or hosting outages, cyberattacks, supply chain disruptions, pandemics or changes to third-party platforms. Timelines are extended for the duration of the event. Payment obligations are not excused by force majeure.
24. Dispute resolution, governing law and venue
24.1 Negotiation first. Before starting any legal proceeding, the parties will attempt in good faith to resolve the dispute through direct negotiation between senior representatives for at least thirty (30) days after written notice of the dispute.
24.2 Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.
24.3 Venue. Any dispute not resolved by negotiation shall be brought exclusively in the courts located in Toronto, Ontario, and each party submits to their jurisdiction. Nothing in this section prevents us from seeking to collect overdue amounts in any court of competent jurisdiction.
25. Notices
Notices must be in writing and are deemed given when delivered personally, when sent by recognized courier, five (5) business days after mailing by Canada Post with prepaid postage, or when sent by email to the last email address the receiving party has provided. Notices to us go to info@canadacreate.com.
26. General provisions
Independent contractor. We act as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
Entire agreement. These Terms, together with the Agreement and any signed amendments, are the entire agreement between the parties and supersede all prior understandings.
Amendments. Changes to an Agreement must be in writing and signed by authorized representatives of both parties.
Severability. If any provision is unenforceable, the remainder stays in effect and the provision is enforced to the fullest extent permitted.
Waiver. A failure to enforce any provision is not a waiver of it.
Time of the essence. Time is of the essence for all obligations, including delivery and payment.
Assignment. Neither party may assign the Agreement without the written consent of the other, not to be unreasonably withheld, except that we may assign to a successor of our business.
Subcontractors. We may use qualified subcontractors and remain responsible for their work.
Recording of calls and meetings. We may record phone calls, video calls and web meetings for quality, training and record-keeping. Your continued participation in a call or meeting is your consent to recording.
Electronic and verbal approval. Approval given by email, e-signature, through our client portal or CRM, by payment, or verbally on a recorded call for a renewal, addition or change is binding and confirms that you have read and accepted these Terms.
Injunctive relief and legal fees. A breach of Sections 14, 15 or 22 would cause harm that damages alone cannot repair, and we may seek injunctive relief without posting security. In any proceeding to enforce these Terms, the prevailing party may recover its reasonable legal fees and costs.
Insolvency. Either party may terminate on written notice if the other becomes insolvent, makes an assignment for the benefit of creditors or becomes subject to bankruptcy proceedings.
Language. These Terms are written in English. Les parties ont exigé que la présente convention soit rédigée en anglais.
27. Website use
The content of this website is provided for general information and is not professional advice. We may change, suspend or remove any part of the website at any time. You may not copy, scrape, reproduce or misuse our content, branding or code without written permission. Links to third-party sites are provided for convenience and we are not responsible for their content.
28. Changes to these Terms
We may update these Terms from time to time. The updated version applies from the “Last updated” date above to all new Agreements, renewals and continued use of the website. Material changes will be posted on this page.
29. Contact
Questions about these Terms: info@canadacreate.com, (416) 273-9030 or toll-free +1 (800) 808-9235.
30. Acknowledgements and enforceability
30.1 Business client. You represent that you are entering into the Agreement for business or professional purposes and not as a consumer, that you have authority to bind the business named in the Agreement, and that the Agreement is a business agreement.
30.2 Read, understood and advised. You acknowledge that you have read these Terms in full, that you understand them, that you had the opportunity to ask questions and to obtain independent legal advice before agreeing, and that you agree to them freely. Sections 2, 5, 10, 11, 15, 18, 20 and 30 were specifically brought to your attention and, where the Agreement provides for it, initialled by you.
30.3 Electronic agreement. Agreements, approvals, initials and signatures given electronically, including through e-signature platforms, email, client portals, recorded calls or payment, are valid and binding under the Electronic Commerce Act, 2000 (Ontario) and equivalent laws.
30.4 Limitation period. As permitted by section 22 of the Limitations Act, 2002 (Ontario) for business agreements, any claim by you against Canada Create™ must be commenced within one (1) year after the day the claim is discovered, failing which it is barred.
30.5 Incorporation. These Terms form part of every proposal, Agreement, work plan, invoice and renewal, whether or not they are attached or repeated there, and prevail over any inconsistent term unless the Agreement expressly overrides a numbered section of these Terms.
30.6 Interpretation. Headings are for convenience only. “Including” means including without limitation. These Terms are not to be construed against Canada Create™ as the drafting party.
By engaging Canada Create™, you acknowledge that you have read, understood and agree to be bound by these Terms of Service.
