Terms & Conditions

The unsigned offer in this proposal will remain valid until the expiry date indicated on the front page of this proposal. After this period, this offer becomes null and void. A new offer may be requested, and may reflect any changes in pricing and availability.
WEBSITE/APP/BRANDING: Upon execution of this agreement, all parties acknowledge that Siva has a no cancellation / refund policy due to the scope and nature of work associated with website development, save and except for quality control provisions. Siva guarantees that the quality of our work meets professional industry standards, save for subjective bias. In the event that an active project is terminated by the client, the balance of the contract becomes immediately due and payable. Any outstanding invoices must also be paid.
B/LMS SUBSCRIPTIONS: Marketing and/or Business / Learning Management System contracts represent a minimum annual subscription, paid in monthly installments. Strategy may dictate that deliverables change over the course of the engagement, as appropriate. In order for an active subscription to be terminated by the client, the client agrees to give two (2) full calendar months’ written notice via Siva’s online cancellation form. Additionally, any outstanding invoices must immediately be paid in full. At end of term, subscriptions automatically convert to month-to-month engagement, with two (2) month’s notice to terminate, as above. Annual Hosting Required for Business / Learning Management System subscriptions.
MARKETING: Unless otherwise stated, marketing contracts represent a 12 month subscription. In order for an active subscription to be terminated by the client, the client agrees to give two (2) full calendar months’ written notice via Siva’s online cancellation form. Additionally, any outstanding invoices must immediately be paid in full. At end of term, subscriptions automatically convert to month-to-month engagement, with two (2) month’s notice to terminate, as above..
WEBSITE & MARKETING BUNDLE: In addition to the above Marketing terms; in the event a bundle subscription is terminated, prior to end of contract term, the balance of the full face-value of the website or additional work shall become immediately due and payable. Annual Hosting Required. (Listed website price is buyout price, if applicable.)
TECHNOLOGY MANAGEMENT FEE: Periodic software updates, robust security measures, malware scans, threat detection, responsive design maintenance, backup and recovery.
REVISIONS: Clients may submit a single list of revisions at both the site design and site development presentation stages only, by way of Siva’s online revision form. Revisions to site design, layout, and mapping are not accepted once development has commenced. Change requests received after milestone sign-offs will be considered Out of Scope.
THIRD PARTY FEES AND SUBSCRIPTIONS: May apply, including but not limited to; hosting, subscriptions, proprietary licenses, specialized integrations. In all cases and at all times, said fees are the direct responsibility of the client and shall be direct billed. SIVA shall not be responsible for interruption of performance in the event of non-payment or third party error.
If work arises that is OUT OF SCOPE from the proposal, we will provide a quote for you to review and approve with an authorized signature before we commence additional work. This work will be invoiced separately from the payment schedule. Please note that 30 days notice may be required when requesting a service level increase, in order to schedule and accommodate production capacity.
Client shall appoint a single signatory and decision maker for any and all communication and milestone approvals.
ORIGINAL CONTENT: Unless quoted separately, due to the unique nature of each client’s business, Siva does not author original site content or provide custom photo/video content. Client is solely responsible for the accuracy, authenticity, and ownership of all published content.
CLIENT RESPONSIBILITIES: Shall provide all relevant, original, subject matter-specific site content, including copy, text and imagery. Note: Client delay in providing necessary information, materials, or approvals, will result in a day-for-day extension of the project’s final deadline and the project may be placed on hold or rescheduled accordingly.
TRIBE MARKETING PROGRAM: Client acknowledges and accepts sole responsibility for attendance, participation, and delivery of audio/video recorded podcast content, by the deadline, as set by Client and Siva. Client acknowledges that late submission or failure to deliver recorded content will result in client forfeiting that month’s marketing allotment. Siva will, at it’s sole discretion, attempt to provide alternate content for that period, at no cost, detriment or penalty to Siva.
Declined credit card payment will result in instant work stoppage until rectified. Reasonable effort will be made by Siva Inc. to request payment to avoid unnecessary delays.
The purchase of STOCK IMAGES for use in designs will be charged in addition to this proposal; before purchasing any stock images, we will inform you of the image(s) and price and await your agreement.
All work delivered to the client is considered accepted unless the client notifies Siva to the contrary within 5 business days.
Each client will receive a link to a Google drive that contains delivered digital work available for download within 30 days of receiving the link. After 30 days the link will expire and the files will no longer be available for download.
Projects that we deem to have been “ON HOLD” for more than 3 months are subject, at our sole discretion, to cancellation.
All grants of any license to use or TRANSFER OWNERSHIP of any intellectual property rights under the agreement are conditioned on full payment, including all outstanding additional costs, expenses, fees, or any other charges.
The client must pay for all services within the full length of their contract and by signing this, the client acknowledges and accepts the terms and conditions contained herein.
Siva reserves the exclusive and irrevocable right to retain, display, and present all content created and/or developed by Siva, in full or in part, for the purpose of internal and/or external marketing, at Siva’s sole discretion.
All work is subject to tax, unless otherwise acknowledged as Tax Exempt.

Terms and Conditions - The Launch Experts (Siva Creative Incorporated)

Welcome to The Launch Experts (Siva Creative Incorporated). These terms and conditions outline the rules and regulations for the use of our website and services. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use The Launch Experts' website if you do not accept all of the terms and conditions stated on this page.

Definitions

"Company," "We," "Our," or "Us" refers to The Launch Experts (Siva Creative Incorporated).

"Client," "You," or "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions.

"Services" refers to the website development provided by The Launch Experts.

General Terms

By purchasing our services, you agree to comply with and be bound by these terms and conditions. These terms apply to all visitors, users, and others who access or use the services.

Acceptance of Terms

By subscribing to or using our services, you accept and agree to be bound by these terms and conditions, as well as our Privacy Policy. If you do not agree, please do not use our services.

Services Provided

2.1. Purchase Option: The Launch Experts provides website development for a one-time purchase fee. By purchasing our services, you agree to pay the specified price in full, including any applicable taxes, at time of purchase.

2.1.1 Purchase Payment Terms

The retail price of a Launch Experts website is $10,000, plus applicable taxes. From time-to-time The Launch Experts may offer a promotion for websites at a discounted price, plus applicable taxes.
All payments for services must be made in full at the time of purchase unless otherwise agreed upon in writing.
We accept payments via major credit cards.
If your payment method is declined or if payment is not received within the specified time frame, The Launch Experts reserves the right to suspend or terminate services.

2.2 Subscription Option: The Launch Experts offers a subscription to a website and hosting service. Instead of paying the full price of a website and hosting upfront, clients can subscribe to our services for a monthly fee, with a minimum contract period, as described. The cost of hosting is included in the monthly subscription fee, and Launch Expert hosting is required for the duration of the contract.

2.2.1. Subscription Payment Terms

Retail Value: The retail price of a Launch Experts website is $10,000, plus applicable taxes. From time-to-time The Launch Experts may offer a promotion for websites at a discounted price, plus applicable taxes.
Subscription Fee Offer (36 month minimum): In lieu of a one-time payment, you agree to pay the monthly subscription fee, as specified at the time of subscription, for as long as you are not in default of the subscription offer’s regular monthly payment. NOTE: This subscription is not a lease-to-own. The Launch Expert subscriptions website accounts are not transferable off of The Launch Experts platform.
End of Subscription: At the completion of the 36 month minimum subscription term, subscribers may continue the subscription on a month-to-month basis, with a minimum 60 day cancellation period. Once cancelled, the website will cease to function.
Late or Declined Payments: There is a 5% fee for any late or declined monthly payments. If your payment method is declined for more than 3 consecutive months, your contract will be deemed in default and the balance of the subscription will become immediately due.
Cancellation: If you cancel your subscription within 36 months, the balance of the 36 month subscription value, plus applicable taxes, becomes immediately due.

Ownership and Subscription Models

3.1 Ownership: If you choose the ownership model, you pay the full price upfront and own the website and require hosting. Upon full payment, ownership of the developed website and its content is transferred to the client. This includes the right to use, modify, and manage the website and its content as you see fit.

3.2 Subscription: If you choose the subscription model, you pay a monthly fee for the use of the website and hosting. Website ownership remains with The Launch Experts at all times.

User Responsibilities

You agree to use our services only for lawful purposes and in accordance with these terms and conditions. You agree not to use our services:

In any way that violates any applicable federal, state / provincial, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate The Launch Experts, a The Launch Experts employee, another user, or any other person or entity.
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the services, or which, as determined by us, may harm The Launch Experts or users of the services or expose them to liability.

Intellectual Property Rights

The services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by The Launch Experts, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Termination, Cancellation and Refund Policy

Once the services have been purchased, no refunds will be issued.

We may terminate or suspend your account and bar access to the services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the terms. If you wish to terminate your account, you agree to be subject to the above described policies.

Client Responsibilities

You agree to provide accurate and complete information necessary for the successful completion of the project. You are responsible for:

Supplying digital content, digital assets, and credentials within 30 days of point of sale. Note (yes, we are serious): handwritten or hand drawn scribbles and chicken scratch coffee napkin explanations are not acceptable.
Client must sign-off that all materials have been submitted before commencement of Design Phase.
Approving project milestones and final deliverables, within 14 days of notice.
REVISIONS: Clients may submit a single list of revisions (does not include addition of content) at both the site design and site development presentation stages only, by way of The Launch Expert’s online revision form only. Revisions to site design, layout, and mapping are not accepted once the Development Phase has commenced. Change requests received after milestone sign-offs will be considered “Out of Scope”.
THIRD PARTY FEES AND SUBSCRIPTIONS: May apply, including but not limited to; hosting, subscriptions, proprietary licenses, specialized integrations. In all cases and at all times, said fees are the direct responsibility of the client and shall be direct-billed. The Launch Experts shall not be responsible for interruption of performance in the event of non-payment or third party error.
Content submitted after the Design Phase will be considered OUT OF SCOPE and will be subject to additional fees, as appropriate. If work arises that is OUT OF SCOPE we will provide a quote for you to review and approve with an authorized signature before we commence said additional work. Approved additional work will be charged at time of approval.
Client shall appoint a single signatory and decision maker for any and all communication and milestone approvals.
ORIGINAL CONTENT: Client shall provide all relevant, original, subject matter-specific site content, including copy, text and imagery. Client is solely responsible for the accuracy, authenticity, and ownership of all published content.
Unless quoted separately, due to the unique nature of each client’s business, The Launch Experts does not author original site content or provide custom photo/video content.
The purchase of STOCK IMAGES for use in designs will be charged in addition to this proposal; before purchasing any stock images, we will inform you of the image(s) and price and await your agreement.
DELAYS: Client delay in providing necessary information, materials, or approvals, will result in a day-for-day extension of the project’s final deadline and the project may be placed on hold or rescheduled accordingly.

Disclaimer of Warranties

The services are provided on an "as is" and "as available" basis. The Launch Experts makes no warranties, either expressed or implied, regarding the services, including but not limited to their merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

In no event shall The Launch Experts, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the services; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the services; and/or (vi) the defamatory, offensive, or illegal conduct of any third party. In no event shall The Launch Experts be liable for any claims, damages, or losses in excess of the amount paid by you, if any, for accessing the services during the twelve-month period immediately preceding the event giving rise to such liability.

Governing Law

These terms shall be governed and construed in accordance with the laws of the province of Ontario and the federal laws of Canada, without regard to its conflict of law provisions.

Survival: All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will 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 services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the services.

The Launch Experts reserves the exclusive and irrevocable right to retain, display, and present all content created and/or developed by The Launch Experts, in full or in part, for the purpose of internal and/or external marketing, at The Launch Expert’s sole discretion.

Contact Information

If you have any questions about these terms, please contact us at:

The Launch Experts (Siva Creative Incorporated)

Email: concierge@thelaunchexperts.com

Website: www.thelaunchexperts.com

These terms and conditions are effective as of Jan 1, 2024.