Legal

Terms & Conditions

These terms apply to every Hypercepta service package, together with your project-specific Statement of Work & Service Agreement.

Version v1 (draft) - Draft for legal review. Client-specific costs are separate from company service fees; see section 10.

1. Service description

Hypercepta ('we', 'us', 'the Company') provides professional website design and ongoing website management services. Depending on the package purchased, the service may include designing and building a website, website hosting, uptime monitoring, technical maintenance, and a monthly allowance of minor content updates.

2. Scope

Each project is delivered against a defined scope recorded in the Statement of Work & Service Agreement. Work outside that scope is treated as additional work and is subject to the content-update allowances and pricing in these terms.

3. Payment and payment timing

The applicable one-time fee is payable before project work begins. Where the package includes a monthly service fee, that fee is charged on a recurring basis from the date of purchase until cancelled in accordance with these terms.

Launch: $799 CAD one-time plus $79 CAD per month. Business: $1,499 CAD one-time plus $149 CAD per month. Growth: $2,499 CAD one-time plus $249 CAD per month.

4. Statement of Work & Service Agreement

Following successful payment we issue an invoice and a project-specific Statement of Work & Service Agreement. The client must electronically sign that agreement before the project is marked Ready to Start.

5. Work commencement

Work does not begin on payment alone. Work commences only after successful payment, receipt of the signed Statement of Work & Service Agreement, and receipt of the completed detailed intake.

6. Client responsibilities and intake

The client is responsible for completing the detailed project intake, providing required content, data, brand assets and access, and responding to requests for information and review within a reasonable time.

7. Revisions and content updates

Minor content updates include text, image and colour changes, small layout and UI adjustments, and updating existing sections or content items. The Company confirms the classification of each request.

Larger additions, such as new pages, new functionality or integrations, are treated as additional work and are quoted separately.

8. Content-update allowances

Launch includes up to 30 minutes of minor content updates per month, Business up to one hour, and Growth up to two hours.

Update time resets each month and does not carry forward. Additional work beyond the included updates is quoted separately before it begins.

9. Maintenance, hosting and monitoring

Where included in the purchased package, the Company provides technical maintenance, monitoring, bug fixes and hosting administration for the website during the active service period.

10. Client-specific costs and third-party services

The Company covers its own standard internal operating software and tools. Client-specific subscriptions, domain names, premium or usage-based third-party services, and payment-processing fees required specifically for the client's website are not included in the service price and remain the client's responsibility.

Third-party services are governed by their own terms. The Company is not responsible for third-party pricing changes, outages, or discontinued features.

11. Website access and intellectual property

The Company operates and manages the website environment for the duration of the service. The client owns their own content and data at all times.

12. Account access, client data, privacy and security

Access is granted through appropriate invitation and authorisation procedures. Clients must not send passwords by email. The Company applies reasonable technical and organisational measures to protect client data, and processes personal information in accordance with its Privacy Policy.

13. Delays caused by the client

Launch delivery is 24 hours, Business delivery is 5 business days, and Growth delivery is 10 business days. Each timeline begins after both the signed SOW and completed intake are received. Delays caused by outstanding client actions or materials extend delivery timelines accordingly.

14. Acceptance and delivery

The Company tests the website internally. Review, revisions and maintenance are coordinated by call or email within the client's included content-update allowance until the website is approved or deemed accepted in accordance with the Statement of Work & Service Agreement.

15. Cancellation, refunds and termination

Monthly services may be cancelled with effect from the end of the current billing period. One-time development fees are non-refundable once work has commenced. The Company may terminate the service for non-payment, misuse, unlawful use, or material breach of these terms.

16. Limitation of liability

To the maximum extent permitted by law, the Company's total liability arising out of or relating to the service is limited to the fees paid by the client for the affected service in the twelve months preceding the claim. The Company is not liable for indirect, incidental, special or consequential losses, including lost profits or lost data.

17. Third-party platform limitations

Applications may depend on third-party platforms and services. Features that depend on those platforms are subject to their capabilities, limits and availability. The Company does not guarantee uninterrupted third-party availability.

18. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including infrastructure failures, third-party outages, natural events, or government action.

19. Governing law and jurisdiction

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province, and the parties submit to the exclusive jurisdiction of the courts of that province.

20. Changes to these terms

The Company may update these terms. The version accepted at the time of purchase applies to that purchase, together with the Statement of Work & Service Agreement for the project.