Terms of Service
Clear contractual standards governing web design, engineering, and maintenance services.
1. Scope of Services & Formal Acceptance
These terms govern all mandates completed by Freelance Niko. Packages (Essential from $2,000, Recommended from $4,500, All-In from $8,000 CAD) and monthly care plans are agreed in writing prior to commencing work. Any proposal approval, signed engagement, or deposit payment constitutes complete and unconditional acceptance of these terms by the client.
2. Financial Terms, Non-Refundable Deposit & Scheduling
An initial 50% non-refundable deposit is required to reserve production calendar availability. The remaining 50% balance is strictly due prior to public launch or ownership transfer of production credentials. Payment delays exceeding 7 business days entitle the studio to suspend production and website access immediately without penalty.
3. Client Sole Responsibility for Content, Licensing & Legal Compliance
The client retains exclusive legal and operational responsibility for all text, imagery, trademarks, logos, typefaces, data, and products displayed on their website. The client expressly warrants holding all required copyrights and licenses, indemnifying Freelance Niko against any third-party claims. The client assumes full responsibility for their own business legal, tax, and regulatory compliance (including Quebec Law 25, PIPEDA, and consumer protection acts applicable to their operations).
4. Absolute Disclaimer of Business Results, Revenue & Search Rankings
Freelance Niko provides technical design and engineering services according to professional industry standards, with an obligation of means and not of commercial result. The studio makes no guarantee regarding business revenue, call volume, customer inquiries, sales conversion, financial earnings, or specific search engine positions (Google or otherwise). Business profitability depends entirely on the client's own market offering, pricing, and management.
5. Revision Rounds & Out-of-Scope Work
Each package includes a strict number of predefined revision rounds (1 round for Essential, 2 for Recommended, 3 for All-In). Any modification requested after written sign-off or exceeding the initial project scope will be billed at the standard hourly rate of $100/hr ($150/hr for urgent expedited work, subject to availability).
6. Intellectual Property & Studio Portfolio Rights
Intellectual property rights transfer to the client solely upon full receipt of all invoiced fees. Freelance Niko retains the perpetual, irrevocable right to showcase completed project work, logos, design layouts, and screenshots in its professional portfolio, case studies, and promotional channels.
7. Total Disclaimer Concerning Third-Party Platforms & Services
Freelance Niko expressly disclaims all liability for service interruptions, server outages, security breaches, data loss, software incompatibilities, or unilateral fee changes caused by third-party providers (web hosts, domain registrars, WordPress plugins, Elementor, Stripe, PayPal, external form handlers, or analytical APIs).
8. Mandate Completion, Ongoing Maintenance & Client Backups
Upon final production deployment and project sign-off (in the absence of an active monthly care plan), the sole responsibility for ongoing site maintenance, security updates, software patches, and data backups rests entirely with the client.
9. Full Client Indemnification & Absolute Cap on Liability
The client agrees to defend, indemnify, and hold harmless Freelance Niko and its operator against any third-party claims, lawsuits, administrative penalties, or damages arising out of the client's content or business operations. To the maximum extent permitted by law, Freelance Niko's total aggregate financial liability is strictly capped at the net fees actually received for the specific mandate, excluding all indirect, punitive, or consequential damages.
10. Governing Law & Exclusive Montreal Jurisdiction
These terms are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any dispute or proceeding shall be submitted exclusively to the competent courts of the Judicial District of Montreal, Quebec, Canada.