Terms and Conditions
These Terms and Conditions (“Terms”) govern all services provided by Webonative (“Webonative”, “we”, “us”, “our”) to any client (“Client”, “you”). By signing a Statement of Work (“SOW”), approving work by email or message, or submitting payment for any service, you acknowledge that you have read, understood, and agreed to these Terms in full.
Acceptance of Terms
Acceptance of a quotation, approval of an SOW, written confirmation, or payment of any invoice constitutes full acceptance of these Terms. A physical signature is not required for these Terms to be legally binding.
These Terms apply to all services including, but not limited to, web design, web development, app development, branding, SEO, digital marketing, consulting, and ongoing support services.
Scope of Services
Services are provided as described in the applicable SOW or written agreement. Any services not explicitly listed are outside scope and may require a separate agreement and additional fees.
Webonative reserves the right to assign subcontractors or third-party providers as necessary to complete services.
No Guarantee of Results
Webonative does not guarantee specific outcomes, results, or performance metrics, including but not limited to:
• Search engine rankings
• Advertising performance or return on investment
• Traffic, leads, conversions, or revenue
• App store approval or ranking
• Business growth or profitability
All services are provided on a best-effort basis using industry-standard practices.
Third-Party Platforms and Services
Webonative is not responsible for changes, suspensions, outages, pricing changes, algorithm updates, policy enforcement, or performance issues caused by third-party platforms or providers, including but not limited to Google, Meta, Apple, hosting providers, payment processors, or software vendors.
Any fees charged by third parties are the responsibility of the Client unless explicitly stated otherwise.
App Development Disclaimer
Submission and approval of applications to the Apple App Store, Google Play Store, or any other platform is subject to third-party policies and review processes. Webonative does not guarantee approval, acceptance, continued availability, or ranking of any application.
Client Responsibilities
The Client is responsible for:
• Providing accurate, lawful, and complete content
• Obtaining all necessary licenses, permissions, and rights
• Reviewing deliverables in a timely manner
• Designating a single point of contact
• Making payments according to agreed schedules
Delays caused by missing content, approvals, or feedback may result in project delays and additional fees.
Payments and Fees
Invoices are due within 30 days unless otherwise stated. Webonative reserves the right to suspend services for overdue accounts.
Deposits, setup fees, and completed work are non-refundable unless explicitly stated otherwise in writing.
Chargebacks and Payment Disputes
Initiating a chargeback or payment dispute without first attempting to resolve the matter directly with Webonative constitutes a breach of these Terms. All work completed up to the dispute date remains billable.
Intellectual Property
The Client retains ownership of content supplied by the Client. The Client grants Webonative a non-exclusive right to use such materials solely for the purpose of fulfilling services and for portfolio presentation.
The Client warrants that all provided materials do not infringe on third-party rights and agrees to indemnify Webonative against any related claims.
Limitation of Liability
To the maximum extent permitted by law, Webonative shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, revenue, or business opportunity.
Webonative’s total liability under any claim shall be strictly limited to the amount paid by the Client for the specific services giving rise to the claim.
Indemnification
The Client agrees to indemnify and hold harmless Webonative from any claims, damages, losses, or expenses arising from the Client’s use of services, supplied content, or violation of applicable laws.
Termination
Either party may terminate services with written notice. Fees for work completed up to the termination date remain payable in full. Deposits are non-refundable.
Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of Canada, without regard to conflict-of-law principles.
Severability
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.