Terms and Conditions

Last updated: November 14, 2025

1. Who we are

These Terms and Conditions ("Terms") govern your use of the website https://engardeweb.ca (the "Site") and any services offered through it.

The Site and services are operated by EnGarde Web, a freelance web design and SEO practice owned and operated by Jonathan Roy, based in Sherbrooke, Québec, Canada ("EnGarde Web", "we", "us", "our").

2. Acceptance of these Terms

By accessing or using this Site, or by engaging us for services after being directed to these Terms, you agree to be bound by them. If you do not agree with these Terms, you must not use the Site or our services.

In some cases, we may also work under a separate written proposal, quote, or service agreement. If there is any conflict between that document and these Terms, the written agreement or proposal will usually prevail for the specific project or service described in it.

3. What we do

EnGarde Web provides services such as:

• Custom web design and development using hand-coded HTML, CSS, and related code.
• On-page SEO setup and recommendations.
• Website hosting setup and management (for example, through providers such as Netlify).
• Maintenance, content updates, and technical support.
• Other related digital services as agreed in writing.

The specific details of what we will do for you (scope, timeline, price) are described in your quote, proposal, or invoice.

4. Quotes, proposals, and orders

Any quote or proposal we send you (by email, PDF, or online) is an invitation to work together, not a binding contract by itself. A project or service becomes active when you accept the quote or proposal in writing (for example, by email) and, when required, make any initial payment specified.

We reserve the right to refuse or cancel a project or service if:

• The requested work is illegal, harmful, or goes against our values.
• You fail to provide required information or approvals.
• Payments are repeatedly late or not received.

5. Prices, billing, and payment

Our prices for projects, monthly website plans, or other services will be communicated in a quote, proposal, or invoice. Unless we state otherwise, all amounts are in Canadian dollars (CAD).

Payment terms (for example, upfront deposit, milestone payments, or monthly subscriptions) are specified in your quote, proposal, or invoice. By accepting a project or plan, you agree to pay according to those terms.

We may use third-party payment processors to collect payments. We do not store your full credit card details on our own servers.

If an invoice is not paid by the indicated due date, we may:

• Pause work on your project.
• Temporarily disable access to websites or services we manage for you (where legally permitted).
• Charge additional fees or require prepayment for future work.

6. Ongoing plans and subscriptions

If you subscribe to an ongoing website plan (for example, monthly website management, hosting, or care plans), the details of what is included and the billing frequency will be described in your proposal or invoice.

Unless otherwise specified, ongoing plans will:

• Continue month to month until cancelled by you or by us.
• Be billed in advance for the upcoming period.

You may request cancellation of an ongoing plan by contacting us at jellojoe2004@gmail.com. Unless we agree otherwise, cancellation will take effect at the end of the current paid billing period.

7. Revisions, scope, and additional work

Each project or service includes a defined scope of work. This may include a certain number of design revisions or content changes as indicated in your proposal.

If you request changes outside the agreed scope (for example, new features, extra pages, or major redesigns), we may:

• Provide a new quote for the additional work, or
• Bill the extra time at an agreed hourly or per-task rate.

We will always aim to communicate clearly before starting any billable work beyond the original scope.

8. Your responsibilities and content

You are responsible for:

• Providing accurate information about your business and services.
• Supplying text, images, logos, and other content, unless we explicitly agree to create them.
• Making sure you have the necessary rights, licenses, and permissions to use any content you provide, including images, fonts, and copy.
• Reviewing and approving drafts, designs, and final versions in a timely manner.

You agree not to ask us to include content that is illegal, offensive, or infringes the rights of others. If we believe content is risky or unlawful, we may refuse to use it.

9. Timelines and delays

Project timelines depend on both our work and your responsiveness. We will do our best to meet agreed timelines, but they are often estimates, not guarantees.

If you delay in providing content, feedback, or approvals, your project may be delayed accordingly. In some cases, we may need to reschedule your project or charge additional fees if a long pause requires extra work to resume.

10. Website launches, domains, and hosting

We typically deploy websites using third-party hosting providers such as Netlify or similar services. While we configure and manage the site as part of our service, we do not control the hosting provider’s infrastructure.

Domains (your website address, such as example.com) may be:

• Registered directly in your name by you, or
• Registered by us on your behalf, using a third-party registrar.

You remain responsible for ongoing domain and hosting fees unless otherwise stated in your plan. We are not liable for downtime, data loss, or other issues caused by third-party providers, but we will make reasonable efforts to assist you in resolving problems.

11. SEO, rankings, and marketing results

Our development and SEO practices aim to support good performance in search engines and user experience. However, search rankings and marketing results depend on many factors outside our control, including competition, algorithm changes, and your ongoing content and marketing efforts.

For this reason, we cannot guarantee specific positions in search results, specific traffic numbers, or particular revenue outcomes. Any examples or case studies we share are for illustration only and do not promise similar results for every client.

12. Intellectual property and ownership

Unless we agree otherwise in writing, ownership works differently depending on whether you choose a one-time project or a subscription website plan.

12.1 One-time project builds (lump sum)

For projects that are billed as a one-time fee (with or without milestones), and that are not part of an ongoing subscription website plan:

• Your content: You keep all rights to the logos, images, text, and other materials you provide to us. You grant us a license to use them as needed to work on your project and to showcase the final site in our portfolio.
• Final website for your business: Once you have paid all fees due for the project, you receive a permanent license to use the final website design and code we created for your own business, on your own domain and hosting, for as long as you like.
• Our tools and know-how: We retain ownership of our underlying code snippets, design patterns, frameworks, and processes. We may reuse general parts of our code and design approach for other projects.

12.2 Subscription website plans (ongoing monthly plans)

For website plans that are billed as an ongoing subscription (for example, monthly website packages where the site, hosting, and support are bundled together):

• Your content: You keep all rights to the logos, images, text, photos, and other materials you provide. You grant us a license to use them to operate and maintain your site and to showcase the final site in our portfolio.
• Site design and code: We retain ownership of the website design, layout, templates, and code used for your subscription site. You receive a license to use the site only while your subscription is active and your payments are up to date.
• When a subscription ends: If your subscription is cancelled or not renewed, your license to use the subscription site and its design and code ends, and we may disable hosting for that site. We will return or delete your own content (such as text and images you supplied) on request, but you do not obtain ownership of the subscription templates or code unless we agree in writing on a separate buyout.
• Buyout option (if offered): In some cases, we may offer a one-time buyout fee that converts your subscription site into a one-time project build, so you can host it yourself. If we agree on a buyout in writing and you pay the agreed fee, section 12.1 will apply to the bought-out version of the site.

In all cases, we may display screenshots, your logo, and a short description of your project in our portfolio, on our Site, or in marketing materials, unless you ask us in writing not to do so.

13. Third-party services and links

Your website or project may use third-party services or tools, such as:

• Hosting providers, such as Netlify.
• Analytics tools, such as Google Analytics.
• Form providers, email services, fonts, or other integrations.

These services are subject to their own terms and privacy policies. We are not responsible for third-party services or any changes they make. We recommend that you review their terms and policies carefully.

14. Warranties and disclaimers

We will provide our services with reasonable care and skill and according to generally accepted professional practices for small web design agencies.

However, to the fullest extent permitted by law, the Site, our services, and any deliverables (including your website) are provided as is and as available, without guarantees or warranties of any kind, either express or implied, including but not limited to:

• warranties of merchantability or fitness for a particular purpose,
• uninterrupted or error free operation,
• compatibility with every device, browser, or integration at all times.

15. Limitation of liability

To the fullest extent permitted by applicable law, EnGarde Web and Jonathan Roy will not be liable for any:

• loss of profits, revenue, business, or opportunities,
• loss of data, loss of goodwill, or reputational damage,
• indirect, consequential, special, or punitive damages,

arising out of or in connection with the use of the Site, our services, or any project.

Our total aggregate liability for any claim related to our services or these Terms will be limited to the total amount you paid to us for the specific project or service giving rise to the claim in the twelve months before the event that caused the claim.

Some laws may not allow certain disclaimers or limitations of liability. In such cases, these limitations will apply only to the extent permitted by law.

16. Indemnification

You agree to indemnify and hold harmless EnGarde Web and Jonathan Roy from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of:

• content or materials you provide for your project,
• your use of the Site, your website, or our services in a way that violates these Terms or the law,
• any infringement of third-party rights, including intellectual property or privacy, caused by your content or actions.

17. Termination

Either you or we may end a project or ongoing service by giving notice in writing (for example, by email), subject to any specific cancellation terms in your proposal or plan.

If a project or service is ended:

• You remain responsible for paying for all work and expenses completed up to the effective termination date.
• We may provide any agreed deliverables that are complete and paid for.
• Ongoing hosting or maintenance we manage may be stopped unless otherwise agreed.

18. Governing law and jurisdiction

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada that apply there.

Any dispute or claim arising out of or relating to these Terms, the Site, or our services will be subject to the exclusive jurisdiction of the courts of Québec, in the judicial district that includes Sherbrooke, unless a different forum is required by mandatory law.

19. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in our services or in the law. When we do, we will change the "Last updated" date at the top of this page.

If you continue to use the Site or our services after changes are posted, you are considered to have accepted the updated Terms.

20. Contact

If you have any questions about these Terms and Conditions, you can contact us at:

EnGarde Web
Sherbrooke, Québec, Canada
Email: jellojoe2004@gmail.com
Website: https://engardeweb.ca