Terms of Service

These Terms of Service ("Terms") govern the relationship between BluArc and any individual or entity ("Client") that engages BluArc for web design, development, consulting, maintenance, or related digital services. By engaging our services, you agree to be bound by these Terms.

BluArc provides the following categories of services:

• Custom website design and development
• Website performance optimization
• Search engine optimization (SEO) architecture
• Content management system (CMS) and e-commerce integration
• Website maintenance and support
• Digital consulting
• AI automation services (where offered)

The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate project proposal or statement of work agreed upon in writing.

All services are governed by a written proposal or statement of work ("SOW") accepted by the Client. The SOW forms part of these Terms. In the event of any conflict between the SOW and these Terms, the SOW shall prevail with respect to the specific engagement.

The Client agrees to:

• Provide accurate, complete, and timely information, materials, and approvals required for the project
• Designate a primary point of contact with authority to make decisions
• Review and respond to deliverables within agreed timeframes
• Ensure that any materials provided to BluArc (including content, images, and third-party assets) do not infringe any intellectual property rights or applicable laws

Fees are as set out in the applicable SOW. Unless otherwise agreed:

• A deposit is required before work commences (see Refund & Cancellation Policy)
• Invoices are due within fourteen (14) days of issuance
• Late payments may incur interest at a rate of 1.5% per month on outstanding balances
• BluArc reserves the right to suspend work on any project where payment is overdue

Upon receipt of full payment for a project:

• The Client is granted full ownership of the final deliverables specifically created for them under the engagement
• BluArc retains ownership of all pre-existing tools, frameworks, code libraries, templates, methodologies, and general know-how used in delivering the services
• Third-party components (open-source libraries, licensed assets, plugins) remain subject to their respective licences, which BluArc will identify upon request

Until full payment is received, BluArc retains all intellectual property rights in any work product, and the Client is granted no licence to use, publish, or deploy such work.

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

The number of included revision rounds is specified in the SOW. Requests outside the agreed scope, or revisions beyond the included rounds, will be quoted and billed separately at BluArc's then-current hourly rate.

To the maximum extent permitted by applicable law:

• BluArc's total liability to the Client in connection with any engagement shall not exceed the total fees paid by the Client for the specific project giving rise to the claim
• BluArc shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of revenue, loss of data, loss of business, or loss of profits, even if BluArc has been advised of the possibility of such damages
• BluArc does not guarantee specific business outcomes, search engine rankings, conversion rates, or revenue results from any deliverable or service

BluArc warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. BluArc does not warrant that deliverables will be error-free or uninterrupted. Any warranty claims must be raised within thirty (30) days of delivery.

Either party may terminate an engagement by providing written notice. Upon termination:

• The Client is responsible for payment of all work completed to the date of termination
• Deposits are non-refundable unless otherwise stated in the Refund & Cancellation Policy
• BluArc will provide all completed work product to the Client upon receipt of outstanding payment

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes shall be subject to the exclusive jurisdiction of the courts of Ontario.

BluArc reserves the right to update these Terms at any time. Updated Terms will be posted on our website. Continued engagement with BluArc following notice of changes constitutes acceptance of the revised Terms.

For questions regarding these Terms: [email protected]