Terms of Service

1. Services Provided

We provide a wide range of creative and digital solutions, which include but are not limited to:

• Digital Products
• Brand & Creative
• Marketing & Content
• Strategy & Support

We may engage trusted subcontractors or third-party collaborators to assist in delivering portions of the Services, while remaining fully responsible for final deliverables and quality.

Each service engagement will be governed by a detailed Statement of Work (“SOW”) or proposal, which shall be agreed upon in writing by both parties prior to commencement.

2. Acceptance of Terms

By using our services, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you should not proceed with our services.

3. Client Responsibilities

To enable the effective delivery of services, the Client agrees to:

• Provide accurate, complete, and timely information required for execution of services.
• Respond to communication, feedback, and approvals in a timely manner.
• Ensure that all provided content (text, images, media, etc.) is original or properly licensed.
• Be responsible for any delays resulting from lack of communication, missed feedback, or withheld assets.
• Ensure all payments are made on time in accordance with agreed terms.

4. Project Commencement and Cancellations

A project is considered initiated when:

• A formal SOW or proposal has been signed or accepted in writing, and
• A deposit or full payment has been made.

4.1 Non-Cancellation Clause

Once initiated, a project may not be canceled by the Client. All deposits are non-refundable, and no cancellation will be accepted unless otherwise explicitly agreed upon in writing.

5. Fees and Payments

• 5.1 Non-Refundable Deposits: A 50% non-refundable deposit is required before work begins unless otherwise agreed in writing.
• 5.2 No Refund Policy: No refunds will be issued once a service, product, or asset has been delivered.
• 5.3 Late Payments: Late payments are subject to a 15% weekly penalty. Services may be suspended for unpaid invoices, and no refunds will be given for halted work.

6. Intellectual Property

• 6.1 Ownership Rights: Upon full payment, the Client owns the final deliverables. We retain ownership of internal tools, systems, and templates.
• 6.2 Use of Work: We may showcase completed work unless prohibited by a confidentiality agreement.
• 6.3 Client Content: The Client is responsible for ensuring that submitted content is properly licensed.

7. Workflow

• Two (2) rounds of design revisions are included.
• After the second round, the design is final and locked. Extra revisions incur extra fees.
• Development follows 1:1 from final design. Design changes during/after dev are out of scope.
• Ongoing updates or maintenance must be agreed separately and will be billed accordingly.

8. Hosting and Technical Infrastructure

• We provide setup and basic maintenance as per the SOW.
• We're not liable for issues caused by third-party providers.
• Unless explicitly stated, we do not handle long-term backups or content preservation.
• We are not responsible for performance or availability of any third-party platforms.

9. Warranties and Disclaimers

• No Guarantee of Outcome: We do not guarantee specific results like revenue or traffic increase.
• Limitation of Liability: We are not responsible for damages from use or inability to use our services.

10. Theft of Services and Intellectual Property

Any unauthorized duplication of our work will be treated as theft. We reserve the right to pursue legal action and damages.

11. Termination

Either party may terminate this Agreement upon breach by the other party. Work will be delivered once payment is complete. Unpaid work may be withheld.

12. Governing Law and Dispute Resolution

• This Agreement is governed by the laws of Ontario, Canada.
• Additional local laws may apply for Clients outside Ontario or Canada.
• Disputes will be resolved through binding arbitration in the Client's jurisdiction. Legal costs may be recoverable.

13. Confidentiality

All confidential information shared must be kept confidential indefinitely, even after the project ends.

14. Severability

If any part of this Agreement is found unenforceable, the remaining parts will still be valid and in effect.

15. Entire Agreement

This Agreement and any signed SOWs or proposals make up the full understanding between the parties, overriding any prior versions.

16. Changes to Terms of Service

We may update these Terms at any time. Changes only apply to new projects or extensions — not active ones.

17. Contact Us

If you have questions or need clarification, contact us at:

• Email: hello@gocaptivate.co