Terms of Service
WEBSITE AND GENERAL SERVICES
BubbleUP Marketing Corporation (“BubbleUP”)
Terms of Service (“TOS”)
1. PAYMENT TERMS
The Client shall pay to BubbleUP the agreed upon fee as scheduled in the Payment Terms of the Agreement, without deduction or set-off, within 15 net days of the invoice date. The Client shall also pay to BubbleUP any additional charges incurred which include but are not limited to website software, ad management, plugins, or technical support requests.
- Web projects invoiced at 25% with progress billing until launch
- Digital Marketing invoiced as per monthly contract, plus setup fee
- Strategy sessions invoiced at 100% contract value upon signing
- Design/Print work invoiced at time of Client approval
- Non-quoted work invoiced hourly
- Web Hosting payable monthly (direct debit)
- Web projects include 90-days of complimentary website hosting (1) Accounts in arrears of more than 90 days are subject to suspension.
2. SUPPLY OF SERVICES
BubbleUP shall have control and discretion in respect of the timing of, availability of and frequency with which BubbleUP provides the Services to the Client in accordance with the TOS of the Agreement. BubbleUP shall act in good faith to ensure the Agreement is fulfilled on time and within the agreed upon Fee.
3. ADDITIONAL SERVICES
In the event the Client desires additional services from BubbleUP that are not listed as Services in the originating Agreement, the Client shall communicate this to BubbleUP and BubbleUP shall provide a quote for Additional Services in addition to the originating Agreement.
4. PRIVACY & INDEMNIFICATION
The information of the Client given to BubbleUP shall be used and disclosed by BubbleUP in accordance with its Privacy Terms and Conditions on our website at www.bubbleup.ca. Notwithstanding the aforementioned, the Client agrees and understands that, due to the nature of digital transactions, BubbleUP cannot provide any such guarantee, promise or covenant that the Client’s information and content shall remain secure and not be publicly disclosed, accessed, distributed or hacked into in any manner or to any degree. BubbleUP shall take all necessary steps to mitigate virtual access to Client’s information. The Client shall use BubbleUP’s services at their own risk. The Client agrees that it shall defend, indemnify, save and hold BubbleUP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BubbleUP, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold the Client, its agents, employees or assigns.
Due to some technological limitations with our choice domain registrar DomainsAtCost.ca, some domain information may be registered to BubbleUP. BubbleUP agrees that the Client will still own the domain.
None of the Services provided by BubbleUP shall be construed as providing advice in respect of any legal, accounting, tax or website security matter. Although BubbleUP does provide reliable and robust website, email, and hosting services, the Client is encouraged to backup their own data
6. OWNERSHIP AND CONFIDENTIALITY
The Client acknowledges and agrees that all documentation, information, designs, and processes related to the Services of BubbleUP (the “Confidential Information”) is the sole property of BubbleUP and that BubbleUP shall retain all rights and interests in and to the Confidential Information. The Client further acknowledges and agrees that the Confidential Information constitutes valuable trade secrets of BubbleUP, and the Client shall keep the Confidential Information in strict confidence and shall not, at any time during or after the Term, disclose,
use or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
7. COMPLIANCE AND GOVERNANCE
BubbleUP and the Client shall comply with all municipal, provincial and federal laws and regulations and all international agreements and protocols. This Agreement shall be enforced in accordance with the laws of the Province of Alberta.
8. DUTY OF THE CLIENT
The Client shall cooperate with BubbleUP while BubbleUP is providing its Services and shall share such information about its business and website as BubbleUP may require in providing its Services.
9. NO LIABILITY
BubbleUP shall not be liable in contract, tort (including negligence or breach of any statutory duty owed) or otherwise in respect of any damages, loss or costs incurred by the Client in respect of any increased costs, expenses, or loss of profit or revenue incurred or suffered by the Agreement. In the event any court of competent jurisdiction finds that BubbleUP is liable in respect of any damages, loss or costs incurred by the Client, then the maximum amount of such damages, loss or costs which BubbleUP shall be liable for shall be fixed at the Fees paid by the Client to BubbleUP up to the date that the damages.
10. EVENTS OF DEFAULT
The failure of the Client to comply with a term or condition set out in this Agreement, on a one-time or habitual basis may, at the discretion of BubbleUP, be deemed an Event of Default.
11. EARLY TERMINATION
The Client may terminate this Agreement upon providing 30-days’ written notice to BubbleUP. During this notice period, BubbleUP shall continue to provide Services and any Additional Services previously requested by the Client. The Client is responsible for fees incurred through the end of the notice period, including any
work in progress. Web Hosting paid in advance of the notice period is non-refundable.
Following the end of the initial Contract term, the Agreement shall continue on a monthly basis.
13. FORCE MAJEURE
BubbleUP shall not be required or be under any obligation to perform or complete its Services or Additional Services if an event occurs which prevents BubbleUP from performing or completing the Services or Additional Services the cause of which is beyond the reasonable control of BubbleUP, including, but without restricting the generality of the foregoing, a flood, strike, earthquake, insurrection, lockout, interruption in the world wide web, war or any act of God.
In the event that any provision of this Agreement is declared, deemed, held or adjudicated to be invalid or unenforceable, the provision shall be severed from this Agreement and such invalidity or unenforceability shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full
force and effect and be construed as if this Agreement had been executed without the invalid or enforceable portion.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the Parties. There are no other agreements, representations, warranties, guarantees, terms, covenants, in writing or verbally.
(1) Complimentary web hosting commences upon signing of the contract. Monthly billing will commence 91 days after signing. Complimentary hosting is not transferable or negotiable, it holds no cash-value, and is subject to monthly hosting Terms of Service.