Terms of Service

These Terms of Service (the "Terms") form a legal agreement between you and Webscales ("Webscales," "we," "us," or "our") and govern your access to and use of the website webscales.ca (the "Site") and the website design, SEO, advertising and marketing-automation services we provide (the "Services"). By using the Site or engaging our Services, you agree to these Terms. If you do not agree, please do not use the Site or our Services.

1. Our services

Webscales provides website design and development, SEO, advertising, and marketing-automation services to businesses. The specific scope, deliverables, timeline and fees for any engagement will be set out in a separate written proposal, quote or statement of work agreed between you and us (an "Order"). In the event of a conflict between an Order and these Terms, the Order governs for that engagement.

2. Quotes, fees and payment

• Quotes are valid for the period stated, or 30 days if no period is stated.
• Fees, payment schedule and any recurring charges (e.g. monthly hosting, SEO, ads or automation plans) are as set out in the applicable Order.
• Unless otherwise agreed, invoices are due on receipt; late or missed payments may result in suspension of Services.
• Recurring plans continue until cancelled per the Order; third-party costs (domains, hosting, ad spend) are your responsibility unless expressly included.

3. Your responsibilities

• Provide accurate information and the content, access and approvals we reasonably need.
• Ensure any materials you provide do not infringe the rights of others and that you have the right to use them.
• Review deliverables promptly and provide timely feedback and approvals.
• Comply with all applicable laws in your use of the Services.

4. Intellectual property and ownership

Upon full payment for a given deliverable, you own the final website deliverables created specifically for you under the applicable Order, except for: (a) third-party materials, software, fonts, plugins and stock assets, which remain subject to their own licenses; and (b) our pre-existing tools, code, templates, frameworks and know-how, which remain ours and which we license to you as part of your deliverables. You retain ownership of the content you provide. Unless you tell us otherwise in writing, you grant us permission to display your project and reference your business name and logo in our portfolio and marketing.

5. Third-party services and platforms

Our Services may rely on or integrate third-party platforms (hosting providers, Google, Meta, analytics, and messaging or CRM platforms). Your use of those platforms is subject to their own terms and privacy policies, and we are not responsible for their availability, performance or actions.

6. Communications and marketing consent

When you contact us or opt in through our Site, you agree that we may communicate with you by email and, where you have expressly opted in, by text message (SMS). Message frequency varies and message and data rates may apply. You can opt out of SMS at any time by replying STOP, or reply HELP for help. Consent to marketing messages is not a condition of purchasing any Service. Our handling of your personal information is described in our Privacy Policy.

7. Disclaimers

We provide the Services with reasonable skill and care. However, the Site and Services are otherwise provided "as is" and "as available," without warranties of any kind, to the fullest extent permitted by law. In particular, we do not guarantee specific results from SEO or advertising — including particular search rankings, traffic, leads or revenue — as these depend on many factors outside our control, including third-party platforms and search engines.

8. Limitation of liability

To the fullest extent permitted by law, Webscales will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or business. Our total aggregate liability for any claim arising out of or related to the Services will not exceed the amount you paid us for the Services giving rise to the claim in the three (3) months preceding the event that gave rise to it.

9. Indemnification

You agree to indemnify and hold harmless Webscales from any claims, damages or expenses arising out of the content or materials you provide, your use of the Services, or your breach of these Terms.

10. Term and termination

Either party may terminate an engagement as set out in the applicable Order, or, if no term is stated, on reasonable written notice. We may suspend or terminate access if you materially breach these Terms or an Order. Fees for work performed up to termination remain payable. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability and governing law) will survive.

11. Governing law and disputes

These Terms and any dispute arising out of or in connection with them or the Services are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. You agree to the exclusive jurisdiction of the courts of the Province of Québec, in the judicial district of Montréal, subject to any non-waivable rights you may have under applicable consumer-protection law.

12. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site or Services after an update constitutes acceptance of the revised Terms.

13. Contact us

Webscales — sole proprietorship operated by Samir Dahmane
114 Avenue De Glenbrook Crescent
Pointe-Claire, Québec H9R 3X8, Canada
Phone: 438 839 0381
Email: samir@webscales.ca