Terms and Conditions

Please read these Terms and Conditions carefully before using Our Service.

Interpretation and definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Alberta, Canada.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Bowrand.
Device means any device that can access the Service, such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
Website refers to Bowrand, accessible from bowrand.com.
You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website, and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Plans and services

This section applies when You order a plan (Essential, Growth or Premium) or any other service from Us. Your order and Our confirmation form the agreement between You and Us. For Premium, or any custom work, the written quote We send You also applies and wins where it differs from this page.

Business use

Our plans are for businesses. By ordering, You confirm You are ordering for a business, and that You may agree to these terms for it. Where the law gives You rights that cannot be waived, those rights still apply.

Term and renewal

A plan runs for 12 months from Your kickoff call.
It then renews for another 12 months, unless You or We give written notice (an e-mail is enough) at least 30 days before the end of the current term.
We send You a reminder by e-mail before that notice date, so a renewal never comes as a surprise.
We may change prices for a renewal term. If We do, We tell You at least 60 days before the renewal.

Fees and payment

The setup fee and the first month are due when Your project starts; after that the plan is paid monthly in advance, or for the year up front (12 months for the price of 10).
Prices do not include sales tax, GST, HST or VAT, which We add where the law requires.
If a payment is 14 days late, We may pause Your website and services until it is paid. If it is 30 days late, We may end the plan.
If a plan ends early for any reason other than Our own failure to deliver, the fees for the rest of the current term remain due.

Timing

Essential goes live within 7 business days and Growth within 14 business days of Your kickoff call. Premium launches on the date set in its quote.
Time spent waiting for Your feedback, approvals, materials or third parties (for example a domain transfer or a Google verification) does not count towards these days.
If We do not hear from You for 30 days during a build, We may launch with what We have or pause the project. Your fees do not change because of a pause You cause.

Text, photos and other materials

We write the text for Your website and use licensed stock photos until Yours arrive. You can send Your own text, photos, logo and prices at any time, including during revisions.
You are responsible for checking that everything on Your website is accurate, including prices, services, licences, opening hours and claims, before You approve it.
You confirm You have the right to use everything You send Us, and You agree to cover any claim, cost or loss that arises from material You supplied or asked Us to publish.
If Your business is regulated (for example health care, law, finance, insurance or real estate), You are responsible for meeting Your regulator’s rules on advertising and on what Your website says.
We may refuse to publish anything that We reasonably believe is unlawful, misleading or harmful.

Revisions, updates and extra work

Before launch Your plan includes a set number of revision rounds: 2 on Essential, 3 on Growth and 4 on Premium. One round is one list of changes, sent together.
After launch Your plan includes small updates of up to 30 minutes a month on Essential, 1 hour on Growth and 2 hours on Premium. Unused time does not carry over.
New pages, new features, a redesign or anything else beyond Your plan is extra work, charged at US$125 an hour (or the same amount in Your currency) in 15 minute steps. We always tell You the price, and You approve it in writing, before We start.

Ownership

Everything You send Us (Your logo, text, photos, prices and other materials) stays Yours.
Your domain is registered in Your name. When Your account is paid up, We transfer it to You on request.
The logo, design, text and other work We make for You become Yours once Your plan is paid in full for its term (or the year is paid up front). Until then You may use them under a licence while Your plan is active and paid.
Stock photos, fonts, plugins and other third party software are used under their own licences; they are licensed, not owned. Our own tools, templates, code and methods remain Ours.
We may show the work We make for You in Our portfolio unless You ask Us in writing not to.

Hosting and third party services

Hosting, security and backups are included while Your plan is active. We work to keep Your website online at all times, but no provider can promise that a website will never be unavailable.
Some features rely on third parties, such as Google, payment, booking or listing providers and domain registrars. They have their own terms and sometimes their own fees, which We pass on at cost. We are not responsible for their outages, changes or decisions (for example a suspended Google profile).

Results

Search rankings, traffic, leads and sales depend on many things outside Our control, including competitors, search engines and Your own business. We do not promise any particular result from a website or a plan. The only performance promise We make is the positive ROI guarantee on Our SEO service, under its own written conditions.

Refunds

If You cancel in writing before We send You the first design draft, We refund the setup fee in full.
After the first draft, the setup fee is not refundable. Fees for months that have started, or for a year paid up front, are not refundable, except where the law requires otherwise.

Ending a plan

We may suspend or end a plan, after giving You notice and a reasonable chance to fix the problem, if You do not pay, break these terms, or ask Us to publish unlawful material.
When a plan ends, We keep Your website online for 30 days so You can move it, then take it offline. We send You a copy of the materials You gave Us and help You transfer Your domain.
If Your plan was paid in full, We also hand over the files of the website We made for You.

Confidentiality and personal data

We each keep the other’s confidential information private and use it only for the work.
When Your website collects personal data (for example from a contact form), We handle it on Your behalf as described in Our Privacy Policy. If data protection law where You are located requires a data processing agreement, We sign one on request.
We can add a standard privacy page and cookie notice to Your website. You remain responsible for making sure they fit Your business and the law where You operate.

Liability

Our total liability under a plan is limited to the fees You paid Us in the 3 months before the claim.
We are not liable for indirect or consequential losses, lost profits or revenue, lost data You did not keep a copy of, or problems caused by third party services.
Nothing in these terms limits liability that the law does not allow to be limited.

Events outside our control

Neither of us is responsible for a delay or failure caused by events beyond reasonable control, such as outages of internet or hosting providers, natural disasters or government action.

Notices and approvals

E-mail counts as written notice. Approvals You give by e-mail or in Our project tools are binding. Please reply within 5 business days so Your timeline stays on track.

Which law applies to plans

These plan terms are governed by the laws of the Country. If You are located in the European Union or the United Kingdom, the mandatory laws of Your country also apply where they must. Before going to court, we both agree to try to settle any disagreement by talking it through.

Links to other websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, or for loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“As is” and “as available” disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free, or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws.

Disputes resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States legal compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to these Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

SMS terms of service

By opting into SMS from a web form or other medium, you are agreeing to receive SMS messages from Bowrand. This includes SMS messages for conversations (external) and conversations (between employees). Message frequency varies. Message and data rates may apply. See our Privacy Policy. Message HELP for help. Reply STOP to any message to opt out.

Contact us

If You have any questions about these Terms and Conditions, You can contact us:

By e-mail: hello@bowrand.com
By phone: +1 (825) 450-8800
By visiting the contact page on our website