Terms of Service

1. Agreement and Scope

Avalon Digital provides website design, web development, hosting setup, maintenance, and related digital services for businesses throughout Newfoundland and Labrador and across Canada.

These Terms apply to all services unless a signed proposal, statement of work, or written agreement expressly states otherwise. If there is any conflict between these Terms and a signed proposal, the signed proposal takes precedence for that specific project.

Quotations are valid for 30 days unless otherwise stated.

2. Quotes, Deposits, and Payment

Project pricing is based on the scope outlined in your quote or proposal. Package pricing displayed on our website (including website packages starting at $800 and $1,500) is provided for general guidance only. Final pricing may vary depending on your requirements.

Unless otherwise agreed in writing, a deposit is required before work begins. The remaining balance is due upon project completion and before website launch, or according to the payment schedule outlined in your proposal.

Invoices are payable in Canadian dollars (CAD).

Late payment may result in work being paused, project delivery or launch being postponed, or hosting and maintenance services being suspended until your account is brought current. Avalon Digital reserves the right to charge reasonable costs incurred in collecting overdue accounts where permitted by law.

Deposits are non-refundable once project work has commenced, except where required by applicable law.

Custom web applications and other non-standard projects are quoted individually based on project scope.

Third-party expenses, including domain registration, premium plugins, software licences, stock photography, fonts, payment processing fees, and similar services, are billed separately unless expressly included in your proposal.

See also: Refund Policy

3. Project Scope, Timelines, and Revisions

Project timelines depend on the complexity of the work, the timely provision of required content, and prompt client feedback.

Each project includes the number of revisions specified in your proposal or, where not specified, the revisions reasonably necessary to complete the agreed project scope.

Additional revisions, feature requests, or changes outside the agreed scope may be billed at Avalon Digital's current hourly rate or quoted separately.

Delays resulting from late content, delayed approvals, unavailable third-party services, or other circumstances outside Avalon Digital's reasonable control may extend project timelines without penalty.

Website deliverables will be considered approved if revision requests are not received within 10 business days after delivery for review.

If a project becomes inactive due to a lack of client communication or required materials for more than 60 consecutive days, Avalon Digital may close the project. Resuming work may require a revised quote and scheduling into the next available production period.

Estimated delivery timelines (such as one to two weeks for standard website packages) begin only after:

• the required deposit has been received;
• all requested content and materials have been provided; and
• any required project kickoff information has been completed.

4. Client Responsibilities

You grant Avalon Digital a non-exclusive licence to use all materials you provide solely for the purpose of completing your project.

You agree to:

• provide accurate business information, content, images, branding assets, and other required materials in a timely manner;
• ensure you have all necessary rights, licences, and permissions for materials you provide;
• review deliverables and provide feedback within a reasonable timeframe;
• verify the accuracy of website content, pricing, contact information, functionality, and other business information before launch;
• register and maintain domain names and third-party service accounts unless otherwise included in your proposal;
• provide necessary account credentials where integrations require them; and
• ensure all submitted content complies with applicable laws and does not infringe the rights of any third party.

5. Intellectual Property

Upon receipt of full payment, you own the final website deliverables created specifically for your project, including custom design elements and original content created for you.

Avalon Digital retains ownership of all pre-existing code, frameworks, templates, development tools, workflows, methodologies, and reusable components used in the course of providing services.

Avalon Digital grants you a perpetual, non-exclusive licence to use these elements only as incorporated into your completed website.

Your website may also include open-source software and third-party components that remain subject to their respective licences. Ownership of those components is not transferred to you under these Terms.

Unless you request otherwise in writing before launch, Avalon Digital may display completed work in its portfolio, website, social media, and marketing materials.

6. Hosting and Maintenance

Unless otherwise stated, the first year of website maintenance is included with new website packages.

After the initial maintenance period, ongoing care is available through annual maintenance plans, including Essential Care and Business Care, or any successor plans offered by Avalon Digital.

Maintenance plans renew annually unless cancelled at least 30 days before the renewal date.

Failure to renew may result in suspension or termination of hosting services after reasonable notice.

Website backups are maintained for disaster recovery purposes only and are not guaranteed to be available for every point in time. Clients are encouraged to maintain independent copies of important website content where Avalon Digital is not providing website hosting.

Maintenance plans generally include:

• website hosting;
• SSL certificates;
• software and security updates;
• scheduled backups;
• uptime monitoring; and
• minor content updates as described in the applicable maintenance plan.

Maintenance plans do not include, unless expressly stated:

• website redesigns;
• new features or functionality;
• significant content creation;
• custom development;
• recovery from client-caused issues;
• third-party software licensing fees; or
• work outside the published maintenance plan.

See also: Refund Policy

7. Third-Party Services

Websites may rely on third-party providers, including domain registrars, Cloudflare, analytics providers, payment processors, booking platforms, email providers, and other online services.

These services operate under their own terms and privacy policies.

Avalon Digital is not responsible for third-party outages, pricing changes, policy changes, discontinued services, security incidents, or changes affecting compatibility. We will make reasonable efforts to assist with configuration and troubleshooting where appropriate.

Avalon Digital does not guarantee the availability, continued compatibility, or future operation of any third-party service.

8. Warranties and Disclaimers

Avalon Digital warrants that services will be performed with reasonable skill and care consistent with industry standards for small business web development projects.

Except as expressly stated in these Terms, all services are provided "as is."

Basic search engine optimization does not guarantee indexing, rankings, or increased traffic.

Unless specifically included in your proposal, Avalon Digital does not warrant that your website complies with particular accessibility standards (including WCAG), privacy legislation, or industry-specific regulatory requirements.

While Avalon Digital follows reasonable industry-standard security practices, no website or online service can be guaranteed to be completely secure or immune from cyberattacks.

If Avalon Digital does not host your website, you are responsible for maintaining your own backups and security.

You remain responsible for ensuring the accuracy of all information published on your website and for complying with applicable laws and regulations.

Avalon Digital does not guarantee:

• specific search engine rankings;
• website traffic;
• sales or conversion rates;
• uninterrupted website availability;
• uninterrupted third-party services; or
• business outcomes resulting from your website.

9. Limitation of Liability

To the fullest extent permitted by law, Avalon Digital will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption.

Avalon Digital's total liability arising from any claim relating to the services will not exceed the total amount paid by you for the specific project or services giving rise to the claim during the preceding 12 months.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

10. Termination

Either party may terminate a project or ongoing service by providing written notice.

Upon termination, you remain responsible for payment for all work completed to the termination date, together with any non-refundable deposits and third-party expenses already incurred.

Where Avalon Digital provides hosting, websites may be suspended or removed from our hosting platform following termination after reasonable notice has been provided.

Avalon Digital may suspend or terminate services immediately if:

• invoices remain significantly overdue;
• you materially breach these Terms;
• you engage in unlawful or abusive conduct; or
• continuing to provide services would violate applicable law or third-party policies.

11. Force Majeure

Avalon Digital is not responsible for delays or failure to perform its obligations where such delays result from circumstances beyond our reasonable control, including natural disasters, severe weather, internet outages, cyberattacks, labour disputes, acts of government, public health emergencies, utility failures, or failures of third-party service providers.

Project timelines will be extended for the duration of any such event.

12. Governing Law

These Terms are governed by the laws of Newfoundland and Labrador and the applicable federal laws of Canada.

The parties agree to attempt to resolve any dispute through good-faith discussions before commencing legal proceedings.

Any legal proceedings arising from these Terms shall be brought exclusively before the courts of Newfoundland and Labrador.

13. Changes to These Terms

Avalon Digital may update these Terms from time to time.

The "Last updated" date at the top of this page indicates the current version.

Updated Terms apply to new services requested after the effective date of the revised Terms. Existing signed proposals remain governed by the version of the Terms in effect when the proposal was accepted unless both parties agree otherwise.

14. Contact

Questions about these Terms or your project may be directed to:

Avalon Digital — contact@avalondigital.ca