[01]About these terms
These Terms & Conditions ("Terms") govern all services provided by Arabzadah ("Arabzadah", "we", "us") to any client ("you"). By engaging our services, booking a consult or accepting a written agreement, you agree to these Terms.
Where a signed written agreement or statement of work conflicts with these Terms, the written agreement prevails for that engagement.
[02]Definitions
Written Agreement means the proposal, statement of work or contract accepted by both parties that sets out scope, milestones, fees, currency, timelines and refund terms.
Milestone means a defined, deliverable stage of work set out in the Written Agreement.
Approval means your written confirmation, including by email, that a Milestone has been completed to the agreed standard.
Deliverables means the materials, systems, documents, creative or other outputs we produce for you under the Written Agreement.
[03]Services and scope
We provide brand positioning and identity, AI integration, AI training and paid advertising strategy and creative services, as described on our website and set out in each Written Agreement.
Work is limited to the scope in the Written Agreement. Requests outside that scope will be quoted separately and only begin once agreed in writing.
[04]Free initial consultation
Every project begins with an initial consultation at no cost and with no obligation. Scope, Milestones and fees are agreed in writing before any billable work starts.
[05]Milestones and approval
Work is delivered in the Milestones set out in the Written Agreement. On completing each Milestone, we will submit it for your review.
You agree to review submitted work and provide Approval or specific revision requests within ten (10) business days. If you provide neither within that period after a written reminder, the Milestone may be treated as approved.
[06]Fees, invoicing and payment
We do not take deposits or any upfront payment for work that has not been delivered.
An invoice for a Milestone is issued only after that Milestone has been completed, revised as reasonably needed, and approved by you.
Unless the Written Agreement states otherwise, fees are quoted and invoiced in Canadian dollars (CAD) and are due within fourteen (14) days of the invoice date.
Payments are accepted through Stripe and PayPal. Applicable taxes, including HST, are added where required by law.
If an invoice remains unpaid after its due date, we may pause further work until payment is received.
[07]Revisions
Reasonable revisions needed to meet the outcome agreed in the Written Agreement are included in the fee and are not charged separately.
Revisions that change the agreed scope, direction or Deliverables after Approval are treated as new work and quoted separately.
[08]Refunds and incomplete projects
If a project cannot be completed for any reason, you will receive a pro rata refund for any Milestone that has been paid for but not delivered.
If work has been carried out but a Milestone has not been reached, that work is not charged.
Refunds are returned through the original payment method, Stripe or PayPal, within fourteen (14) business days of confirmation.
[09]Your responsibilities
You agree to provide accurate information, timely feedback, and access to the materials, accounts and systems reasonably needed for us to perform the services.
You confirm you hold the rights to any materials you supply to us, including logos, images, data and copy.
[10]Intellectual property
On payment in full for a Milestone, ownership of the final Deliverables in that Milestone transfers to you, except for third-party materials and our pre-existing tools, methods and know-how.
We grant you a perpetual, non-exclusive licence to use any of our pre-existing materials incorporated into the Deliverables, as needed to use them.
Unless you ask us not to in writing, we may refer to the engagement and show non-confidential work in our portfolio.
[11]AI tools and third-party services
Our AI work may use third-party models, platforms and APIs. Their availability, pricing and terms are set by those providers and may change. Third-party subscription, usage or API costs are your responsibility unless the Written Agreement states otherwise.
AI systems can produce inaccurate outputs. You remain responsible for reviewing AI-generated content and decisions before relying on them, and for your own use of AI tools under applicable law and policy.
[12]Advertising spend and results
Advertising spend is paid directly by you to the advertising platform and is separate from our fees.
We plan, build and manage campaigns using professional judgment, but advertising results depend on factors outside our control. We do not guarantee specific leads, sales, rankings or returns.
[13]Confidentiality
Each party will keep the other’s confidential information private and use it only to perform or receive the services. This obligation continues for three (3) years after the engagement ends.
[14]Privacy
We handle personal information in accordance with applicable Canadian privacy law, including PIPEDA. Information submitted through our website is used only to respond to your enquiry and deliver our services.
[15]Warranties and disclaimers
We will perform the services with reasonable skill and care, consistent with professional standards.
Except as expressly stated in these Terms or the Written Agreement, the services are provided without other warranties, express or implied, to the extent permitted by law.
[16]Limitation of liability
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the services, whether in contract, tort or otherwise, is limited to the total fees you paid to us in the twelve (12) months before the event giving rise to the claim.
We are not liable for indirect, incidental, special or consequential losses, including lost profits, revenue or data.
[17]Indemnity
You agree to indemnify us against claims arising from materials you supply, your instructions, or your use of the Deliverables in breach of law or these Terms.
[18]Termination
Either party may end an engagement with fourteen (14) days’ written notice. Approved Milestones remain payable; any paid-but-undelivered Milestone is refunded pro rata, and work that has not reached a Milestone is not charged.
[19]Force majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control. Timelines will be extended for the duration of the event.
[20]Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there. The parties submit to the exclusive jurisdiction of the courts of Ontario.
[21]Changes to these terms
We may update these Terms from time to time. The version in force when a Written Agreement is accepted applies to that engagement.
[22]Contact
Questions about these Terms can be sent to info@arabzadah.ca or by phone at 437 524 8671. Mailing address: 23 Valleybrook Cres, Caledon, ON L7C 4A5.