Terms and Conditions
“We”, “Us” and “Our” is Bostjan Tanko – X-Finity PRO, its employees and agents.
Quotes and Proposals
- All quotes and proposals are valid for 30 days from submission date.
- All quotes include:
- Two rounds of edits at no extra charge.
- You have maximum of 14 day days to respond with feedback from submission of first review.
- Additional charges, at an hourly rate of $120 USD for SEO, Marketing and Project Management, $120 USD for Website Development will be charged for any additional changes.
- This quote does not include (unless specifically stated):
- Liaison with other agents such as graphic designers or web developers.
- Meetings outside of the initial creative brief.
- Travel time for onsite meetings.
- The invoice will be issued and must be paid before any work commences.
- Payment terms are 7 days from the date on your invoice.
- X-Finity PRO reserves the right to charge you interest on overdue accounts at a rate of 10% for the first 21 days overdue and 20% thereafter.
- If we engage a third party organisation to recover your debt, you are responsible for paying the additional costs involved, including any legal expenses.
- You can pay via bank transfer.
- Any costs additional to the Services ordered (including couriers, other media and travel costs) are in addition to the amount quoted and shall be charged to ‘the Client’ as required. These costs will be itemised separately in the invoice.
- We are required by law to pay VAT on all invoices issued within Canada. Any invoices issued outside of Canada may or may not include VAT (this will be clearly detailed in the invoice).
- Additional face-to-face meetings can be added to the project at your request.
- Face to face meetings will be charged at our hourly rate of $120 USD, and will include any necessary travel time and expenses for international travel.
- Meetings must be cancelled at least 48 hours before – or the full charge of the meeting will be invoiced and issued to you.
Changes in scope
- Any modifications to the original project brief during the course of execution will render the provided quotation invalid.
- Additional fees/charges may be applied to cover time and expenses required to complete any new work.
- The new quote will need to be approved and full fee paid before any new work will commence.
- We endeavour to deliver all work by the agreed deadline. However, circumstances beyond our control, including major illness or family emergencies may prevent us from getting work to you on time.
- We will inform you within two business days if there are any timeframe issues.
- Unless otherwise agreed you will provide information and amends to use within seven days.
- If we are unable to complete work because we have not received information from you, we will continue the project at our next opportunity. This may affect your overall timeline.
- You acknowledge that you are responsible for your actions and hereby release X-Finity PRO and any of its staff and employees, officers or affiliates from liability for any of your actions or comments influenced by the information contained in products and services received. You understand you will receive confidential information that may not be shared with anyone outside your family or partnership.
- Payment must be made at or before first session. Client can cancel or reschedule with minimum 24 hours’ notice. There are no refunds possible.
SEM / Google Ad Services
- You are asked to nominate one primary contact for all revisions and contact throughout the project.
- If you do not communicate with us for 30 days, the project will be deemed closed and any final amount owing will be billed.
- If we’ve signed a separate confidentiality agreement or Non-Disclosure agreement with you, then that agreement takes precedence.
- We won’t disclose any information that you indicate is confidential.
- You agree not to disclose any information about our pricing structure
- X-Finity PRO reserves the right to use ‘the Client’ projects for her own promotional use unless a Non-Disclosure Agreement precluding this has been signed by X-Finity PRO.
- X-Finity PRO may approach ‘the Client’ for a testimonial after the project is completed to their satisfaction.
- We reserve the right to refer to this project and X-Finity PRO, and to use your logo and content for promotional or educational purposes.
- ‘The Client’ may terminate the job at any time via email.
- X-Finity PRO may terminate the job at any time via email.
- If either party terminates the job, X-Finity PRO will invoice for the total stage in progress at the minimum estimated fee.
- X-Finity PRO is not responsible for any delivery delay if the delay or failure to supply is caused by matters beyond reasonable control including, without limitation:
- Acts of God
- Power failure
- Equipment failure
- You gain full copyright and intellectual property rights for any work delivered by X-Finity PRO once the job is deemed complete.
- Until the final payment is received X-Finity PRO retains the intellectual property for all work delivered.
Claims & Liabilities
- We endeavor to ensure that our work doesn’t infringe on any copyright or other right of a third party.
- We are not liable in any way for any direct, indirect, incidental, special or consequential losses or damages resulting from use of services including but not limited to: loss of data and other intangibles; costs or damages resulting from or related to any services purchased or obtained; resulting from unauthorized access to, or alteration of your transmissions or data.
- You agree to indemnify and to hold us harmless against any and all claims, costs, and expenses, including solicitors fees, due to materials included in any work undertaken at your request.
- All materials provided by you are assumed to be legal and accurate.
- You are responsible for checking the factual accuracy of the content for this project.
- We work hard to ensure our work is free from errors, but we don’t offer an error-free guarantee. You are responsible for final approval.
- X-Finity PRO takes no responsibility for the material and how it is used once you have approved the final draft.
- If you wish to make a claim about incorrect performance or breach of these Terms and Conditions you must send it, in writing, to X-Finity PRO within six months of delivery.
- Any imposed liability shall be limited to the resupply of information or Services.
Claims & Liabilities
These Terms and Conditions constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions.
They shall be governed by Canadian law, and the parties hereby agree to submit themselves to the exclusive jurisdiction of Canadian Courts.