Sales and Refund Policy

Last updated: 15/11/2024

1. Payments

• We require payment for the next 12 months to be made in advance at the start of each year, beginning from the day your site goes online and for each subsequent year.
• If your site experiences extremely high traffic, the $30 per month plan may be paused if it exceeds 1 million monthly visits for two consecutive months.
• Hosting plans are mandatory to access the most favorable deals, and design work is available at an additional premium.
• If the work needed is over the scope of the usual maintenance required for hosting a website, we will have to bill our services at $25 per hour.
• Transactional, membership-based or function-heavy projects need to be quoted.
• We ask for 60% of the total price, excluding hosting fees, to be paid before we initiate our work. After the first revision is completed or the week before launch, we ask for the remaining 40% in addition to the next twelve months of hosting fees paid all at once.
• As an emerging studio, we currently process payments through multiple convenient methods including PayPal, Interac e-Transfer, email invoicing, and self-billing systems – while we plan to implement an integrated website payment system as we scale up. For now, we’re happy to accommodate your preferred payment method, and local Montreal clients can even pay in cash in person. Please contact us to arrange payment.

2. Refunds and Cancellations

• All sales are final and non-refundable.
• The option to opt out of our services is unavailable until the hosting renewal time, which occurs after 12 months have passed from the initial purchase.
• In cases of significant challenges or issues, we may be open to renegotiation or partial refunds. Such cases will be evaluated on an individual basis, and any decision to provide a refund is at the sole discretion of 100kSTADIUM.
• To request a review of your case, please contact us at [insert contact information].

3. Service Delivery

• 100kStadium is still an emerging and developing studio. Until we build a strong base of customers, our timelines will differ from project to project. As the saying goes, in software, the last 10% is actually the midway mark. You can expect to have the draft ready for revision four weeks after initiating the order, then we will take two weeks to complete revisions and officially launch the website. So estimates are: 6 weeks from start to finish.
• We are committed to giving the best customer service but we can’t guarantee 100% satisfaction. We are not responsible for differences in tastes, and unsurmountable difficulties might hinder our abilities to deliver.
• We reserve the right to refund and stop working on a project at any point, unless specifically contracted against it.

4. Pricing

For detailed pricing information, please refer to our pricing tables on our Services page or Contact Us page.

5. Additional Clauses

• 5.1 Chargeback Policy:
  In the event of a chargeback or payment dispute, the client is responsible for covering any associated fees and providing documentation to support their claim. Failure to resolve a chargeback may result in termination of services.
  
• 5.2 Taxes:
  • Taxes are included in the price as of now.
  • Clients are responsible for any applicable taxes based on their location and the services provided.
    
• 5.3 Force Majeure:
  100kSTADIUM shall not be held liable for any delays or failures in performance resulting from acts beyond its control, including but not limited to acts of God, pandemics, strikes, lockouts, riots, acts of war, epidemics, governmental regulations, power failures, or other unforeseen circumstances.

6. Intellectual Property

• 100kSTADIUM owns the rights to the work created during the project. We retain all rights to the work until full payment is received, at which point we can discuss further for the sale of the IP at a premium.
• Material provided by the client party, such as pictures, code, etc., are still the property of their respective owners. Clients are responsible for ensuring they have the necessary rights and licenses to use any material they provide. By providing material to 100kSTADIUM, clients represent and warrant that they have the right to do so and that the use of such material does not infringe upon the rights of any third party.

7. Third-Party Services

Our web development process involves the use of third-party services or plugins. These services are subject to their own terms and conditions, and clients are responsible for complying with those terms. 100kSTADIUM is not responsible for any issues arising from the use of third-party services or plugins.

8. Support and Maintenance

As we offer the first year of hosting for free, we will provide weekly manual maintenance that lasts approximately 30 minutes, as well as automated daily maintenance. Additional support and maintenance options may be available with different hosting plans in the future. Ask for a Quote for special support.

9. Service Level Agreement (SLA)

(To be filled)

10. Termination

• Either party may terminate the agreement at any time for any reason, provided that written notice is given at least 30 days in advance.
• In the event of termination, clients are responsible for paying for all work completed up to the date of termination, as well as any hosting fees incurred up to that point.

Examples of reasons for termination may include, but are not limited to:

11. Confidentiality

Both parties agree to keep any confidential information shared during the project strictly confidential, for exemption of the template page generated when creating the form. This includes, but is not limited to, trade secrets, business plans, customer data, and any other proprietary information. Neither party shall disclose such information to any third party without the prior written consent of the other party.

12. Dispute Resolution

• In the event of a dispute, both parties agree to make a good faith effort to resolve the issue amicably and professionally. We believe in maintaining a respectful relationship with our clients.
• If a dispute cannot be resolved through informal negotiations, the parties agree to submit the matter to mediation before resorting to litigation.
• In the event that legal action is necessary, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.
• Regardless of any disputes, clients remain responsible for paying all agreed-upon fees for work completed and services rendered.

13. Liability Limitations

• 100kSTADIUM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
• The use or inability to use our services;
• Any conduct or content of any third party on the services;
• Any unauthorized access, use, or alteration of transmissions or content.
• In no event shall 100kSTADIUM’s total liability for all damages, losses, and causes of action exceed the amount paid by the client to 100kSTADIUM in the 12 months prior to the incident giving rise to the liability.

By purchasing our services, you acknowledge that you have read, understood, and agree to be bound by this Sales and Refund Policy. If you have any questions or concerns, please contact us at [insert contact information].