Terms of Service
Last Updated: January 27, 2025
Welcome to Stealth Digital. These Terms of Service ("Terms") govern your access to and use of our website stealthdigital.ca and our web development and consulting services. By accessing or using our services, you agree to be bound by these Terms.
Please read these Terms carefully before using our services. If you do not agree to these Terms, you may not access or use our services.
Agreement to Terms
By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. These Terms apply to all visitors, users, and clients of Stealth Digital.
Services Description
Stealth Digital provides web development, digital strategy, and consulting services primarily for businesses in the heavy industry sector, including but not limited to:
- Custom website design and development
- Interactive sales tools and calculators
- Digital marketing strategy and implementation
- Content creation and educational resources
- Technical consulting for industrial businesses
The specific scope, deliverables, timelines, and pricing for services will be outlined in individual project agreements or statements of work.
Client Responsibilities
When engaging our services, you agree to:
- Provide accurate, complete, and timely information necessary for project completion
- Respond to requests for feedback, approvals, and materials within agreed timeframes
- Ensure you have the legal right to use any materials, content, or assets provided to us
- Pay all fees and expenses in accordance with the agreed payment terms
- Comply with all applicable laws and regulations in your use of our services
- Maintain the confidentiality of any login credentials or access information provided
Payment Terms
Fees and Invoicing
All fees for services will be specified in your project agreement or proposal. Unless otherwise stated, fees are in Canadian Dollars (CAD). Payment terms will be outlined in your project agreement and may include deposits, milestone payments, or other arrangements.
Late Payments
Invoices are due within the timeframe specified on the invoice (typically 14-30 days). Late payments may be subject to interest charges at a rate of 1.5% per month (or the maximum permitted by law) and may result in suspension of services until payment is received.
Refunds
Due to the custom nature of our services, refunds are generally not available once work has commenced. Any refund requests will be evaluated on a case-by-case basis in accordance with your project agreement.
Intellectual Property Rights
Client-Owned Materials
You retain all rights to materials, content, logos, trademarks, and other assets you provide to us for use in your project. By providing these materials, you grant us a license to use them solely for the purpose of completing your project.
Work Product
Upon full payment of all fees, ownership of the final deliverables (website design, custom code, etc.) transfers to you as specified in your project agreement. We retain the right to use the work in our portfolio and marketing materials unless otherwise agreed.
Pre-Existing Materials and Tools
We retain ownership of any pre-existing intellectual property, frameworks, tools, templates, or methodologies used in delivering your project. You receive a license to use these as part of the final deliverable.
Third-Party Components
Projects may incorporate third-party software, libraries, fonts, or other components that are subject to their own licenses. You are responsible for complying with these third-party licenses.
Warranties and Disclaimers
We strive to provide high-quality services and deliverables. However:
- Our services and website are provided "as is" and "as available" without warranties of any kind
- We do not guarantee that our services will be uninterrupted, error-free, or meet your specific requirements
- We are not responsible for third-party services, hosting, or platforms that may be part of your project
- Any warranty period for bug fixes or technical support will be specified in your project agreement
Limitation of Liability
To the maximum extent permitted by law:
- Stealth Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific project giving rise to the claim
- We are not liable for any losses or damages resulting from your use (or inability to use) our deliverables or services
- We are not responsible for any business losses, lost profits, lost revenue, or lost data
Confidentiality
We respect the confidential nature of your business information. Any confidential information shared during our engagement will be protected and not disclosed to third parties, except as necessary to complete the project or as required by law. This obligation continues beyond the termination of our services.
Project Timelines and Delays
We make every effort to meet agreed project timelines. However, timelines are estimates and may be affected by factors including client responsiveness, scope changes, technical issues, or unforeseen circumstances. We are not liable for delays caused by circumstances beyond our reasonable control.
Modifications and Revisions
Project agreements typically include a specified number of revision rounds. Additional revisions or changes to the project scope may be subject to additional fees. Significant scope changes may require a new project agreement and adjusted timelines.
Termination
Either party may terminate the engagement as outlined in the project agreement. In the event of termination:
- You remain responsible for payment of all fees for work completed up to the termination date
- We will provide you with work completed to date, subject to payment of outstanding invoices
- Any deposits or prepayments may be non-refundable if work has commenced
- We reserve the right to terminate services immediately if you breach these Terms or fail to make payments
Acceptable Use of Our Website
When using our website, you agree not to:
- Use the website for any unlawful purpose or in violation of these Terms
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the website or servers
- Use automated systems (bots, scrapers) to access the website without permission
- Transmit viruses, malware, or other harmful code
- Impersonate another person or entity
- Copy, reproduce, or distribute our content without permission
Indemnification
You agree to indemnify, defend, and hold harmless Stealth Digital, its contractors, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your breach of these Terms, (b) your use of our services or deliverables, (c) your violation of any laws or third-party rights, or (d) any content or materials you provide to us.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any disputes arising from these Terms or our services shall be resolved through good faith negotiation. If negotiation fails, disputes may be submitted to mediation or, if necessary, the courts of Ontario.
Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
Entire Agreement
These Terms, together with any project agreements, proposals, and our Privacy Policy, constitute the entire agreement between you and Stealth Digital regarding our services and supersede all prior agreements and understandings.
Questions About These Terms
If you have any questions or concerns about these Terms of Service, please contact us:
Acknowledgment
By using our services or website, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by them. If you are entering into a project agreement on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.