Just so that nobody gets burnt!
Please read the following carefully before placing an order with HighVision.ca.
The following terms and conditions of use apply to all users and customers of HighVision.ca and acts as an official and entire agreement between HighVision.ca and you, (“the Client”). By using the services of HighVision.ca, by registering for the free trial or by subscribing to the packages, the Client acknowledges and accepts the following terms and conditions. An ‘order’ is deemed to be a written or verbal contract between HighVision.ca and the Client (this includes telephone and email agreements). Placing of an order constitutes acceptance on the part of the client to be bound by the Terms & Conditions on this page. Confirmation (including verbal confirmation) of a received order shall be deemed a contractual agreement between HighVision.ca and the client, whereupon these Terms & Conditions will apply and shall constitute the entire agreement between HighVision.ca and the client. We reserve the right to amend these Terms and Conditions when necessary and without prior notification.
All prices quoted in any proposal are valid for 30 days from the date of proposal.
General
Failure by HighVision.ca to exercise or enforce any rights under these conditions shall not be deemed to be a waiver of any such rights at any time.
HighVision.ca shall, under no circumstances, be liable for any damages resulting from loss of profits or any interruption of business arising out of or in connection with these Terms & Conditions.
If at any time during the term of the agreement a client fails to meet acceptable standards of creditworthiness, HighVision.ca reserves the right to invoice the client in advance the full amount of any further work.
HighVision.ca (https://highvision.ca) is based in Montreal, Canada, and is therefore governed by the laws of the Province of Quebec and the applicable federal laws. This is still applicable for anybody who can view the website in any other country, and has contact HighVision.ca by any other means of communication such as email, fax, telephone, teleconferencing, audio-Conferencing or Video-Conferencing, without necessarily having viewed the website.
HighVision.ca may be substituted for proxy in the form of contracted writer, photographer, web developer, art director, creative director, consultant, graphic designer, presenter, programmer, research assistant, administrator or assistant.
Clients should be aware that due to a variety of factors there will often be variance in colours shown between in-house proofs, colours on screen, printer’s proofs, and final printed items. These factors are determined by the source of the print or visual (each output source e.g HighVision.ca printer, the client’s printer, the image setter, the monitor etc will differ from the other), the types of inks or makeup of colours (even Pantone colours can vary significantly and often surprisingly depending on what stock or substrate they are printed on), the type of print process (short-run digital, longer-run litho printing), the substrate (paper, card, plastic etc) used, individual preferences (ambient light, personal computer settings etc) and several other reasons. As a result of this HighVision.ca is unable to guarantee 100% consistency and accuracy of colour on all items and may not always be able to achieve the exact result expected by the client. In the case of printed items, the only true guide as to what is likely to be produced, is to request a ‘wet-proof’ on the actual intended substrate with the actual inks to be used, although this will incur additional cost. However as long as the client accepts there may be inconsistencies across work produced, this step may not be necessary. HighVision.ca does not accept any responsibility for colour variations as a result of these indeterminate factors.
Terms of Payment
In addition to any payment terms set out below, and excepting web development where special terms apply, HighVision.ca payment terms are on receipt of invoice, unless otherwise stated and agreed in writing. HighVision.ca does not extend credit and reserves the right to request payment of a deposit (up to 100%) on all new accounts.
Invoices are transmitted electronically. Payment by EFT (electronic funds transfer) is the preferred method of payment, and bank details will be supplied to the client to facilitate payment. HighVision.ca accepts payment in cash, by electronic transfer and by cheque. Please note HighVision.ca DOES NOT accept direct payment by credit card – but does accept payment via PayPal and credit card through the PayPal system, and where a client wishes to pay by cheque, no work will commence until funds have cleared.
Accounts that remain unpaid seven (7) days after date of invoice shall be deemed to be in arrears.
Overdue Payment
HighVision.ca reserves the right to charge Late Payment Interest, on all overdue invoices. This will be calculated at the daily rate of the Bank of Canada + 8%.
Any payment returned by the bank due to insufficient funds will incur a $50 administration charge. This will be added to the total outstanding amount owed by the client.
HighVision.ca reserves the right to request full payment in advance from any client requiring further services, where that client has previously defaulted on payment.
HighVision.ca reserves the right to pass out of hand to his debt recovery agents any outstanding invoices for recovery. In these circumstances the client will also be required to pay statutory compensation, and shall be liable for and shall indemnify HighVision.ca against all costs and expenses incurred in respect of any steps, actions or proceedings made or brought against the Client by HighVision.ca to obtain payment of outstanding charges and interest.
HighVision.ca reserves the right to suspend the website of any client whose account is in arrears.
Web Design and Development
Following receipt of a confirmed order, the client will be invoiced 30% of the total web site design fee. Payment of the initial 30% fee falls due immediately and is required prior to any work being undertaken. Where applicable, the remaining 70% will be invoiced when either: the website is completed and prior to launch to “live status”, or at 90 days from the date the order was confirmed if the site is not completed as a result of the content not being supplied by the client. Payment of the final 70% (where applicable) is required in full prior to the site “going live”.
Web sites will be constructed in accordance with the Client’s instructions as specified on the order. Any additions or alterations to the brief made by the Client once an order has been accepted by HighVision.ca will be carried out at the discretion of HighVision.ca, and where such additions and alterations are agreed, HighVision.ca reserves the right to charge an according amount for these and for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to HighVision.ca all materials required to complete the site to the agreed standard.
Where a date has been given for completion of the site HighVision.ca accepts no responsibility for failure to meet the stated deadline where the client is at fault due to: failure to supply the required materials, unavailability, or requiring changes or alterations to the brief. Any client who fails to provide us with the required information within four weeks of project commencement shall be deemed to be in breach of agreement, whereupon HighVision.ca reserves the right to close the project and the balance remaining will become payable immediately. In simple terms, please don’t ask us to start a project unless you are completely ready to proceed.
Once a web site has been commissioned, any final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Once the client’s web site has been placed live on the Internet, the client has seven days to make any changes through HighVision.ca, to the website. After this period, the client is deemed to have accepted that the web site is satisfactory.
Should a client later commission further work to be carried out on, or for inclusion on, the web site, then the client will be invoiced in full for this work whether the client uses the commissioned work on the site or not.
Prices do not include any hardware or software that may be required, unless specified on the order, and do not include any visits requested by the client to configure any hardware or software on the client’s equipment.
Prices do not include the cost of any merchant accounts required by the client for on-line credit card transactions.
A design commission does not include maintenance of or updates to the client’s site.
HighVision.ca cannot accept responsibility for any alterations caused by a third party occurring to the client’s site once handed to the client. Such alterations include, but are not limited to additions, modifications, deletions or installation of third-party components.
Intellectual Property & Copyright
All intellectual property rights related to HighVision.ca including but not limited, its database, its code, its brand and design, its structure, are the intellectual property of HighVision.ca HighVision.ca is protected by the Copyright Act of Canada, and by any other copyright laws in Canada or abroad. Copy, reproduction, production, translation, distribution, private or public display, use, modification, creation of derivative works, resale or rental of the branding from HighVision.ca, unless you are an official reseller or have a direct authorization from HighVision.ca, is strictly prohibited.
All website content is to be provided by the client, unless otherwise specified by the client at the time of order where intellectual property rights will apply, and no responsibility is taken by HighVision.ca for any images or text displayed on the website, that subsequently has existing copyright associated with it, that may cause grievance with the original owner.
The client shall represent and warrant that the material supplied is not confidential to or owned by any other person whose written permission has not been granted for use thereof. The client shall indemnify and save HighVision.ca harmless from any costs, expenses and damages relating to any claim against him whatsoever and howsoever arising from the exercise of intellectual property/copyright rights under this agreement.
Copyright & Licence Agreements
Under the 1998 Copyright, Designs and Patents Act, ownership of copyright remains the property of HighVision.ca as author.
SEO Terms & Conditions
SEO services will be performed to the best of HighVision.ca knowledge and ability, and no guarantees are made that specific rankings will be achieved. SEO work is governed by many factors which are outside the direct control of HighVision.ca and indeed any SEO company, ergo no reputable SEO company can guarantee particular results. Ranking results will be monitored and results are based on listings on www.google.com unless otherwise agreed. Search Engine Optimisation does not include Search Engine Registration, unless otherwise agreed and paid for, if necessary, by the Client. Please bear in mind your website’s ranking for a particular Search Term will rely on both the relevancy of that term on your pages and the popularity of that term on other websites.
HighVision.ca shall not be responsible for any URL’s dropped or excluded by a Search Engine for any reason, and HighVision.ca does not warrant or represent that the Client’s URL’s will achieve a favourable position, or indeed any position, within a particular search engine.
Your website should be hosted on a reliable server with constant availability, for optimum results. Should HighVision.ca recommend changing your host or server, this is to protect the interests of your website’s ranking within the Search Engines and HighVision.ca cannot be held responsible for unsatisfactory results if SEO suggestions and/or recommendations have not been adhered to.
Web Services – General Terms & Conditions
HighVision.ca, reserves the right to receive and register personal data of all customers that subscribe / purchase any hosting service, be it, Web Hosting, Domain, SSL Certificate or other. This information is private and used solely and exclusively for internal use in order to ensure the proper functioning of the services and also for accounting management and control of activation / suspension thereof, and shall at no time be provided to or passed to third parties without the prior written and registered consent of the respective owner.
These ‘Terms and Conditions’ apply to any service that is activated and purchased by the customer who acknowledges that their acceptance is obligatory for the advancement and activation of their customer account and collection of information during the purchase process of that same account.
Information related to Marketing and / or other promotional information that may occasionally be sent, will be sent exclusively to those who have “consented” and accept the receipt of this type of information in the service subscription / acquisition asset.
We ensure that we comply with all security requirements in order to keep data inaccessible to third parties without the prior authorisation / consent of the registrant and all data is securely encrypted.
HighVision.ca cannot be held responsible for any virus that can be transmitted to any server or computer, or by email from customers or third parties.
HighVision.ca cannot guarantee the security of the server and can not be held responsible for any loss, misplacement, misuse or access by third parties of any data captured or stored on the server, even using SSL encryption.
