This is an agreement between the client and SBBCD for web-related services that is the only agreement between the client and SBBCD. This document constitutes the entire agreement between SBBCD and the client for the conditions described herein and supersedes all prior understandings, oral or otherwise, between the two parties. Any changes to this agreement is at the discretion of solely SBBCD and the latest terms can be found on the company website (smallbusinessbc.digital/terms). Both parties intend to be legally bound by the terms and conditions of this agreement as stated herein.
Terms used in this Agreement and not otherwise defined shall have the following meanings:
“Agreement” means this agreement and the annexed schedules which are deemed incorporated herein, together with any future written and executed amendments.
“Client Content” means all of the materials supplied by Client to SBBCD for display or use in connection with Web Site, including text, audio and/or visual works, photos, and brand materials such as trade names, service marks, or logos owned or licensed by Client, including all copyrights, and trademark, patent, and trade secret rights vested therein.
“Website” means the website designed and maintained by SBBCD for Client.
“Developer Materials” means any computer software, tools, HTML script, know-how, techniques, concepts, or ideas related to the design, development, or implementation of the Web Site and any text, visual displays, audio recordings, video, or other works.
“Documentation” means the user documents that fully explain to Client the design and the operation of the Web Site.
“Web Site” means the branded site on the Internet that will be designed, developed, and implemented for Client by SBBCD under this Agreement.
Client assures that he/she has obtained copyrights to all text, graphics, photos, designs, trademarks, artwork, and other materials provided to SBBCD to be published on the website. Client assumes sole responsibility for the protection of its copyright in any writing, pictorial illustration, maps, etc. included in its website. Client affirms that he/she has the right to use any trademark, trade name or service mark in the manner and in accordance with the information submitted. Client further affirms that he/she has the right to use any name, portrait, picture or illustration shown in the information submitted. SBBCD will not take legal responsibility for claims or suits resulting from using illegal materials. Any legal issues that arise due to illegal usage of materials and copyright issues shall be the sole responsibility of the client.
If the client wants to sell products or services through the website, it is the responsibility of the client to make sure that the business is compliant with any law regulations. This includes business regulations, tax regulations, commerce law, regulations of accessibility and others related to a specific business or trade. SBBCD will not accept responsibility for the way clients use their website. If the client chooses to use their website for illegal or illicit purposes, it is entirely at the discretion of the client. SBBCD will not be liable or become involved in any disputes between the site owner and their clients or another party. SBBCD will not take legal responsibility for any wrongdoing on the part of a site user.
Source Code Intellectual Copyright
SBBCD necessarily retains the intellectual copyright to our product and methodologies, including but not limited to the database design, visual design, and software classes employed on our clientsʼ websites.
SBBCD provides ongoing website maintenance to guarantee quality and client satisfaction, and to ensure that the resulting website meets the clientʼs needs even after the work is finalized. In the event of the client requesting to end this agreement, all payments for work completed to date must be paid, and the client remains liable to SBBCD for such.
Failure to Provide Required Website Content.
Payment can be made to SBBCD by visa, cash or electronic transfer. Payment of any balance is due within 14 days of the initial invoice date. SBBCD reserves the right to halt work on a project if the payment is late.
Travel Time and Expenses.
Unless stated otherwise in a contract, if any representative of our company needs to travel to client premises, SBBCD reserves rights to charge traveling costs as well as the work time cost for the time spent on traveling.
If the client is unhappy with the work, the client reserves the right to stop paying for services. In the event of the client requesting to end this agreement, all payments for work completed to date must be paid, and the client remains liable to SBBCD for such. Upon the terminating event, SBBCD reserves the right to transfer in part or in whole any website or intellectual property which is the subject of this agreement.
Waiver of Contractual Right
If either party fails to enforce any provision of this agreement, both parties are still bound and obligated to comply with the terms and conditions stated in this agreement. SBBCD reserves the right to change or modify any of these terms or conditions at any time. Should SBBCD waive any of these terms on an individual basis, our decision to waive any terms on an individual basis will not affect the validity of remaining clauses or commit SBBCD to waive the same clause on any other occasion.
This agreement shall be governed by, interpreted and enforced in accordance with the laws of Canada applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be pursued in British Columbia, and the client irrevocably consents to the jurisdiction of such courts.
If a court finds that any condition or parts of this agreement are not valid due to a conflict of the part of the agreement with the law, then all others parts of the contract that are not conflicting remain valid.
Duty to Cooperate
The parties hereby acknowledge and agree that the successful completion of the services hereunder shall require the full and mutual good faith and cooperation of the parties. SBBCD has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as SBBCD in its sole discretion deems necessary to protect the value, reputation, and goodwill of the SBBCD. Please see smallbusinessbc.digital/terms for the most current agreement.