Terms of Service & Website Terms of Use
Rules governing all visitors to this website and the contractual standards of studio web engineering mandates.
1. Scope of Terms & Universal Visitor Acceptance
These terms strictly bind any individual or entity accessing, browsing, interacting with, or submitting inquiries through freelanceniko.com, as well as any client retaining the studio's services. Merely accessing the website or utilizing its features constitutes complete and unconditional acceptance of these terms. If you do not accept these terms in full, you must immediately cease accessing this website.
2. AS IS Disclaimer & Zero Dollar ($0) Liability Cap for Visitors
This website, its content, previews, and contact tools are provided strictly on an AS IS and AS AVAILABLE basis, without warranties of any kind, whether express or implied. To the maximum extent permitted by applicable law, for any visitor or user who has not entered into an active paid commercial contract with Freelance Niko, the studio's total aggregate liability is strictly capped at zero Canadian dollars ($0 CAD). In no event shall the studio be liable for indirect, punitive, or consequential damages.
3. Disclaimer of Legal Advice & Statutory Compliance
Freelance Niko is a web design and engineering studio and does not provide legal representation or counsel. Technical architectures, privacy implementations, cookie notices, and discussions regarding Quebec Law 25 or accessibility constitute engineering implementations only, not formal legal advice. The studio makes no warranty of statutory compliance or regulatory immunity. Clients and visitors remain solely responsible for consulting qualified attorneys to verify statutory compliance.
4. Class Action Waiver
To the maximum extent permitted by applicable law, every visitor and client irrevocably waives any right to institute, join, or participate as a plaintiff or class member in any class action, collective proceeding, representative action, private attorney general claim, or consolidated proceeding against Freelance Niko or its operator. All disputes or claims must be brought strictly on an individual basis.
5. Exclusive Montreal, Quebec Jurisdiction & Venue
These terms and all matters arising out of or related to this website or studio services are governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any dispute or proceeding must be brought exclusively before the competent courts of the Judicial District of Montreal, Quebec, Canada. The user and client irrevocably waive any objection based on forum non conveniens or improper venue.
6. Financial Terms, Non-Refundable Deposit & Scheduling
Base rates for web design 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 work commencement. An initial 50% non-refundable deposit is strictly required to secure calendar production scheduling. The remaining 50% balance is payable prior to public launch or credential transfer. Payment delays exceeding 7 business days entitle the studio to suspend production and website access immediately without penalty.
7. Revision Rounds & Out-of-Scope Hourly Rates
Each package includes a strict number of predefined revision rounds (1 for Essential, 2 for Recommended, 3 for All-In). All revision requests must be submitted in consolidated written form. Any additional work, subsequent modifications, or out-of-scope tasks will be billed at the standard rate of $100/hr ($150/hr for urgent expedited work, subject to availability).
8. Client Sole Responsibility for Content, Licensing & Legality
The client retains exclusive legal and operational responsibility for all text, imagery, trademarks, logos, fonts, data, and products displayed on their website. The client warrants holding all necessary copyrights and commercial licenses, holding the studio harmless against any claims. The client assumes full responsibility for their own legal, fiscal, and regulatory compliance (including Quebec Law 25, PIPEDA, and consumer protection acts applicable to their operations).
9. Disclaimer of Business Results, Revenue & Search Rankings
Freelance Niko provides web engineering services subject to an obligation of technical means. The studio provides no guarantee regarding revenue, sales, customer call volume, appointment bookings, conversion rates, or specific search engine ranking positions on Google or elsewhere. Commercial performance depends entirely on the client's own market offering, pricing, and business execution.
10. Third-Party Platforms, External Links & Outages
Freelance Niko disclaims all liability for outages, security incidents, data loss, or terms changes caused by third-party providers (web hosts, domain registrars, WordPress plugins, Elementor, Stripe, Cloudflare). This website contains external links to LinkedIn and portfolio client websites (Cavallaro, HEXALARA, Le Blanc Maillet, Socrates EF, IM Intervention). The studio exercises no operational control over external websites and disclaims all liability regarding their contents or practices.
11. Intellectual Property, Anti-Scraping & Studio Portfolio Rights
All text, layout structures, visual assets, and code on freelanceniko.com are protected under copyright law. Automated data scraping, content harvesting, artificial intelligence model training extraction, and unauthorized framing are strictly prohibited without prior written authorization. For paid mandates, intellectual property transfers to the client solely upon full payment. The studio retains the perpetual right to showcase completed works in its portfolio.
12. DMCA & Copyright Infringement Notice Procedure
If you hold a good faith belief that material on this website infringes upon your copyrighted work, please submit a formal written notice to our designated agent at contact@freelanceniko.com containing: identification of the protected work, exact URL of the material, complete contact details, and a declaration of authorized rights. The studio will promptly evaluate and address valid notices prior to any formal legal action.
13. Client Indemnification & Liability Cap for Paid Mandates
The client agrees to defend, indemnify, and hold harmless Freelance Niko and its operator against any third-party claims, lawsuits, administrative penalties, or expenses arising from the client's content or business operations. For paid mandates, the studio's aggregate financial liability is strictly capped at the net fees actually received for that specific mandate, excluding indirect or consequential damages.
14. Severability & Language Prevalence
If any provision of these terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions remain in full force. The parties confirm their requirement that these terms be made available in English and French. In the event of any interpretive discrepancy between language versions, the French version shall prevail in the Judicial District of Montreal, Quebec.