1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Pacific Web Design ("we," "our," or "us"), governing your use of our website pacificwebdesign.ca and all services we provide, including website design, development, hosting, maintenance, and Google review automation.
By engaging our services or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.
2. Services
Pacific Web Design provides the following services as described on our website:
- Starter Plan ($97/month): Custom professional website design, mobile-responsive layout, SEO optimization, hosting, SSL certificate, contact form, click-to-call functionality, Google Maps integration, and monthly updates and maintenance.
- Growth Plan ($197/month): All features of the Starter Plan, plus automated SMS review requests, multi-step follow-up sequences, review monitoring dashboard, negative review alerts, response templates, monthly performance reports, and priority support.
We reserve the right to modify, update, or discontinue any aspect of our services at any time, with reasonable notice to active subscribers.
3. Subscription & Payment
Billing
- All services are provided on a monthly subscription basis
- There is no setup fee and no long-term contract
- Payment is due on the same date each month as your initial subscription date
- All prices are in Canadian Dollars (CAD) unless otherwise stated
- Prices are subject to applicable taxes (GST/HST/PST)
Late Payments
If payment is not received within 7 days of the due date, we may suspend your website and/or review automation services until payment is received. Continued non-payment for 30 days may result in termination of services and deletion of website files.
Cancellation
- You may cancel your subscription at any time with no cancellation fees
- Cancellation takes effect at the end of the current billing cycle
- No refunds will be issued for partial months
- Upon cancellation, we will provide you with your website files upon request within 30 days
4. Website Ownership & Intellectual Property
Your Content
You retain full ownership of all content, images, logos, trademarks, and materials you provide to us for use on your website ("Client Content"). You represent and warrant that you have the legal right to use all Client Content.
Our Work
Upon full payment of your subscription, you own the custom website we build for you. If you cancel your subscription, we will transfer all website files to you within 30 days of your request. Design templates, code libraries, frameworks, and tools we use remain our intellectual property.
Portfolio Use
We reserve the right to showcase your website in our portfolio and marketing materials unless you explicitly request otherwise in writing.
5. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information needed to build and maintain your website
- Provide timely feedback and approvals during the website design process
- Ensure all content you provide to us does not infringe on any third-party rights
- Not use our services for any illegal, fraudulent, or harmful purposes
- Obtain proper consent from your customers before adding them to the review automation system
- Comply with all applicable laws, including Canada's Anti-Spam Legislation (CASL) and PIPEDA
6. Review Automation Terms
If you subscribe to our Growth Plan, the following additional terms apply:
- You are responsible for obtaining consent from your customers before their contact information is added to our review automation system
- You must ensure that all phone numbers you provide are accurate and belong to customers who have consented to receive messages
- We send messages on your behalf — you are ultimately responsible for compliance with applicable telecommunications and privacy laws
- We are not responsible for the content or accuracy of reviews left by your customers
- We do not guarantee any specific number of reviews or specific review ratings
- Manipulation of reviews or violation of Google's review policies may result in immediate termination of your review automation services
7. Website Hosting & Uptime
- We strive to maintain 99.9% uptime for all hosted websites
- Scheduled maintenance windows will be communicated in advance when possible
- We are not responsible for downtime caused by third-party services, force majeure events, or circumstances beyond our reasonable control
- We maintain regular backups of your website but recommend you keep your own backups of critical content
8. Limitation of Liability
To the maximum extent permitted by applicable law:
- Pacific Web Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of our services
- Our total liability for any claim arising out of or related to these Terms shall not exceed the total amount you paid to us in the 3 months preceding the claim
- We are not liable for any loss of business, revenue, profits, data, or any other losses resulting from the use or inability to use our services
- We do not guarantee that our services will result in any specific increase in customers, calls, revenue, or reviews
9. Indemnification
You agree to indemnify, defend, and hold harmless Pacific Web Design and its owners, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Content you provide to us for use on your website
- Your use of the review automation system
10. Termination
We may terminate or suspend your access to our services immediately, without prior notice or liability, if:
- You breach any provision of these Terms
- Payment remains outstanding for more than 30 days
- You use our services for illegal or fraudulent purposes
- Your use of our services poses a risk to other clients or our infrastructure
Upon termination, your website will be taken offline. You may request your website files within 30 days of termination.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of British Columbia.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
14. Contact Us
If you have any questions about these Terms of Service, please contact us: