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In order to keep things professional, clear, and easy to understand, I have included the legal terms of this website and the products and services I provide. I know these are long, but please read them carefully before agreeing to work with me. You must agree to these terms and conditions before booking a service with Bright Art Media.
[/et_pb_text][/et_pb_column][et_pb_column type="1_3"][et_pb_image src="https://brightartmedia.com/wp-content/uploads/2016/10/BrightArtMediaLogo_300.png" show_in_lightbox="on" url_new_window="off" use_overlay="off" animation="fade_in" sticky="off" align="center" force_fullwidth="off" always_center_on_mobile="on" use_border_color="off" border_color="#ffffff" border_style="solid" animation_style="fade" animation_duration="500ms" animation_intensity_slide="10%" animation_direction="center" show_bottom_space="on" /][/et_pb_column][/et_pb_row][et_pb_row background_position="top_left" background_repeat="repeat" background_size="initial"][et_pb_column type="4_4"][et_pb_toggle admin_label="Web Services I Offer" saved_tabs="all" global_module="29176" title="Web Services I Offer" open="off" use_border_color="off" background_position="top_left" background_repeat="repeat" background_size="initial" _builder_version="3.0.106"]
The websites I offer are open source with a powerful content management system and professional themes which are customized to your business needs.
If your website includes a shopping cart: The cart can use a variety of payment gateways, but PayPal and Stripe are the most common for small businesses, being cost-effective and trusted choices. Use of PayPal and Stripe to accept credit cards and direct debit is free for small business accounts. PayPal and Stripe deduct a small fee when you receive funds to your account. Please review PayPal’s and Stripe's service and fees before deciding to use their service.
[/et_pb_toggle][et_pb_toggle admin_label="Booking Policy" saved_tabs="all" global_module="29178" title="Booking Policy" open="off" use_border_color="off" border_color="#ffffff" border_style="solid" background_position="top_left" background_repeat="repeat" background_size="initial"]
Bookings are non-refundable since they set aside time for your project, and prevent me from booking another client during that time. The booking fee is a standard fee for all service levels, and will be subtracted from your total project fee. When your project begins, 50% of the remaining project fee is due. When your project is delivered, the final 50% is due. A project delivery schedule will be agreed to in advance of starting the project.
If you select a time, and then cancel, I cannot refund your booking fee.
If you select a time, and then reschedule, I can apply part of your initial booking fee to the next booking fee. Please contact me to make arrangements.
Changing Your Order
If you select the wrong website type during booking, you can decide to change it before starting development. However, if you decide to increase the size of the website, be prepared to provide all necessary materials in advance of the start date.
[/et_pb_toggle][et_pb_toggle admin_label="Domain and Hosting Requirements" title="Domain and Hosting Requirements" open="off" use_border_color="off" background_position="top_left" background_repeat="repeat" background_size="initial" _builder_version="3.0.94"]
Before I can start, your website needs these basic requirements, which I can help you set up:
1. Domain registration login information
2. Hosting with: PHP 7.2 or greater, and MySQL 5.0 or greater, and preferably the mod_rewrite Apache module
The client is responsible to order and pay for these requirements. Payment is usually annually to the domain registrar and hosting provider, and can be set up to be automated.
[/et_pb_toggle][et_pb_toggle admin_label="Client Responsibility" title="Client Responsibility" open="off" use_border_color="off" background_position="top_left" background_repeat="repeat" background_size="initial" _builder_version="3.0.106"]
Clients are responsible to provide all materials relevant to their website, as discussed and agreed to in meetings and through email, before the website project begins. If materials arrive after the start date, there may not be enough time to add them to the project before the delivery date. However, additional materials can be added during the 30 days of website follow-up, which is included in every website project, so long as these additions are agreed to in advance and do not exceed the original scope of the project.
Please also check The Legal Stuff (IMPORTANT) in the Terms and Conditions for more information on client responsibility for the content and image delivery.
[/et_pb_toggle][et_pb_toggle admin_label="Website Development Process" title="Website Development Process" open="off" use_border_color="off" background_position="top_left" background_repeat="repeat" background_size="initial" _builder_version="3.0.106"]
1. Start-up: Set up hosting and domain. Determine content and functions of the website (pages, connectivity, shop/payment area). Design the intended use and navigation of the website, including business objectives, main actions, and layout/design concepts. First payment due (Booking fee + 50% of remaining amount).
2. Build: Database, website, design/development. Set up visual elements (logo, branding, content photos, product photos, etc) and software components. Add text and ensure flow of the website content and links. Product photography, portfolio building, and shop data-entry occurs at this time, if included. If needed, add cart and test payment gateway (PayPal).
3. Review and test: Client checks and makes alterations. Note: While I try to accommodate all reasonable requests, some changes which infringe on the stability of the website or affect performance, or changes which add more work than was originally agreed upon (including adding many more portfolio items/products/details or changing the overall appearance of the site once near completion) will fall outside the budget set in this estimate.
4. Delivery: Passwords and documentation provided. Full payment due. I offer a 2-hour tutorial on the main usage of your website using the content management system.
[/et_pb_toggle][et_pb_toggle admin_label="30-Day Follow-Up" title="30-Day Follow-Up" open="off" use_border_color="off" border_color="#ffffff" border_style="solid" background_position="top_left" background_repeat="repeat" background_size="initial"]
I provide ongoing follow-up services throughout the 30 days following the delivery date to respond to feedback from customers, and fix any issues that come up during live use of the website. I can only address issues pertaining to the originally agreed-upon website during these 30 days. Any additional requests will fall outside the follow-up period, and will be billed hourly.
[/et_pb_toggle][et_pb_toggle admin_label="Image Policy" title="Image Policy" open="off" use_border_color="off" background_position="top_left" background_repeat="repeat" background_size="initial" _builder_version="3.0.106"]
I can only work with images that you have explicit rights to use (ownership or license). I am able to assist you by providing studio product photos, including detail images, product photos, and portfolio photos. Bright Art Media also provides high quality stock photos. Inquire about the number of photos included in your project.
[/et_pb_toggle][et_pb_toggle admin_label="Google Search (SEO)" title="Google Search (SEO)" open="off" use_border_color="off" background_position="top_left" background_repeat="repeat" background_size="initial" _builder_version="3.0.106"]
As a business owner with a website, one cannot directly control how Google lists or ranks a website. I recommend and implement best practices in Search Engine Optimization, to the best of my ability, and sometimes limited by client requests or client business practices. With use over time, and following best practices in SEO, your website should become recognized by Google and other search engines.
BAM also offers paid SEO services, which is a monthly subscription service to boost your brand authority around specific keyword search terms. Please contact me to learn how BAM SEO improves your conversions, increases sales, and exceeds your expectations through return on investment.
[/et_pb_toggle][et_pb_toggle admin_label="Additional Services" title="Additional Services" open="off" use_border_color="off" border_color="#ffffff" border_style="solid"]
Please contact me to request my hourly consulting fee.
Consulting includes: website maintenance, graphic design and implementation, photography, web and print services (website, business cards, pamphlets, posters, large signs).
[/et_pb_toggle][et_pb_toggle admin_label="The Legal Stuff (IMPORTANT!)" title="The Legal Stuff (IMPORTANT!)" open="off" use_border_color="off" _builder_version="3.0.106" module_id="legalstuff"]
READ CAREFULLY BEFORE PROCEEDING (Updated: May, 2018)
BrightArtMedia.com Terms and Conditions
Welcome to brightartmedia.com (the “Website”). The Site is operated by Bright Art Media ("BAM"). The products or services provided by BAM on the Website or in connection with the Website (the “Services”) are provided to users of the Website (“You” or “you”), individually (or, if you are using the Website on behalf of an organization, the organization), subject to the following terms and conditions (the “Service Terms”). Please read these Service Terms carefully before accessing or using the Services. By clicking a box that indicates you agree to the Service Terms, or by otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not wish to be bound by these Service Terms, please do not access or use the Services. BAM reserves the right to change the Website or the Service Terms at any time without any notice to you.
1. Other Terms
Terms additional to these Service Terms may be presented to you as you are using the Services or particular aspects of the Services. You agree to comply with any such additional terms, which are incorporated in these Service Terms by reference.
You may be asked to register with the Website in order to use the Services, and BAM will provide you with a username and password for the Website. You are responsible for maintaining the confidentiality of your username and password, and you accept responsibility for all activities incurred under your username and password. You will notify BAM immediately of any unauthorized use of your account or any other breach of security at the email address: email@example.com.
4. Your Content
You are solely responsible for Your Content, including, without limitation, in combination with any other images, graphics, text or other materials, including any Website Content, you incorporate into the Products. You agree that you will not include any text, image, design, trade-mark, service mark, or any copyrighted work of any third party in any of your Orders, unless you have obtained the appropriate authorizations from the third party owners. You represent and warrant that Your Content does not infringe upon any rights of any third party, including, without limitation, rights in copyright, trade-mark, and publicity or privacy, and Your Content will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate Your Content into the Products. By placing an Order, you represent and warrant that you have all necessary permission, right and authority to place the Order and you authorize BAM to produce the Products on your behalf.
BAM does not claim ownership of Your Content. However, by submitting your Content, you grant to BAM, its affiliates, and sublicensees a royalty-free, perpetual, irrevocable, transferable, worldwide non-exclusive right to use or incorporate Your Content (in whole or in part) for the purpose of producing the Products. You also represent and warrant that the holder of any rights in Your Content, including any moral rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to these Service Terms, the owner of Your Content retains any and all rights that may exist in such content.
5. BAM Intellectual Property
The copyright to the Website, the design and appearance of the Website, and all of the material and the Website Content, other than Your Content, are owned by or licensed to BAM. This material is protected by law against unauthorized copying and reproduction. Any use, reproduction, or distribution of the Website Content, including caching, framing, or similar means, from the Website or reproduction, distribution, use of any templates (except as permitted herein), without permission of BAM is expressly prohibited.
“Bright Art Media” "BAM" and other BAM graphics, logos, publication designs, and service names are trade-marks of BAM or its affiliates or associates. All other trade-marks not owned by BAM or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BAM or its affiliates. The display of any trade-marks on the Website does not imply that a license has been granted to you or any other party for any further use.
(a) Product Proof and No Refunds. By clicking “I accept” on the Website after the proof for the Product (the “Product Proof”) has been provided to you during the Order placement process, you acknowledge and agree that you (i) have verified that spelling and content in the Product Proof are correct; (ii) you are satisfied with the document layout in the Product Proof; (iii) understand that the BAM will produce the Product in accordance with its appearance on the Product Proof (subject to the limitations specified herein); and (iv) cannot make any changes to the Order once the Order is placed, irrespective of whether you have actually reviewed the Product Proof or not. You, and not BAM, assume all responsibility for any typographical errors or any other errors found in the Products that are also in the Product Proof. You acknowledge and agree that BAM is not responsible for any errors in the Products found on the Product Proof which you did not inform BAM. Notwithstanding any of the foregoing, except where BAM has failed to provide you with any Products, upon BAM’s commencement of production under an Order, you will not be entitled to, and BAM will in no event be required to provide, any refunds of the fees you paid for such Order for any reason whatsoever. If a refund is requested BEFORE PREPRESS, and a proof has already been sent, then a $40 cancelation fee will apply. If an order is cancelled after the date it was placed on, and a proof has yet to be created, then a 10% transaction fee will apply. Custom orders that require a special paper or material that is not kept in stock will not qualify completed refunded. For example, once a T-shirt order has been purchased the customer will not be able to receive a refund for the price of the T-shirts.
(b) Colour Shift: You acknowledge and agree that BAM will not be responsible for any color shift that occurs in conversions from RGB to CMYK or PMS Pantone colors to CMYK color modes. All artwork, designs and images provided by you to BAM for incorporation into any Products must be provided with a minimum of 300 DPI. BAM is not responsible for the degradation in quality of the images printed, including fuzziness, distortion, pixilation, or any other type of degradation from the provided artwork, designs, and images when such degradation is caused by the nature of artwork you provided to BAM, including, without limitation, where the image has a resolution that is lower than 300 DPI. BAM is not responsible for any color shift in converted photographs with black, near black, or gray tones. BAM will use commercially reasonable efforts to match the colours in the Product Proofs to the Products.
(c) Colour Proofing & Ink Matching: BAM is not responsible for matching color or ink density on the Products to the Product Proofs. While Product Proofs will predict design layout, text accuracy, image proportion and placement, they cannot be used to assess color or ink density in the Products. You acknowledge and agree that the Product Proofs do not show transparency and over print issues, and they do not reflect colour change from RGB to CMYK. You acknowledge and agree that BAM may produce the Products with other products ordered by other customers, and as such, there may be deviation in colour or ink density in the Products when compared to the Product Proofs. BAM accepts no responsibility for color variations between submitted images and the actual artwork or product they represent. BAM does not print using pantones or specialty inks, as it only uses CMYK to process print jobs. BAM is not responsible for colour errors found in the Product Proof, and BAM does not represent or warrant to consistent colours on the Products when compared to the Proofs. Application of coatings may affect or change the appearance of the printed colors on the Products.
(d) Order Approval: You are responsible for reviewing each Order and the Product Proof provided to you prior to making an Order. BAM will not accept changes to Orders you have placed. In the event you accidentally made an incorrect Order, including, without limitation, the uploading of the wrong file, BAM will charge a $5 re-submission fee, although you may still have to bear the cost of the initial Order as BAM may have already processed the Order and initiated production. In the event BAM already initiated production of the Products, BAM, in its absolute discretion, has the right to reject any re-submissions. Where you fail to review the Product Proof and ask BAM to print the Products without review or approval of the Product Proof, you will do so your own risk, and BAM will not be responsible for any errors, problems, or other issues with the Products where the Product Proof has not been reviewed. BAM has no responsibility to re-print any Order if flaws, errors, or problems are found in the Product Proof after initial production. Notwithstanding any of the foregoing, BAM is not responsible for any errors in a Product caused by any of the following reasons: misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, incorrect colours, finished size of the Product, insufficient safe margin. BAM does not represent or warrant to the exact quantities of any Order, provided however that quantity deviation will in no event exceed 4% of the amount specified in such Order. BAM does not represent or warrant that the Product produced on a re-order will be identical to the Products produced under the original Order.
(e) Order Cancellation: You cannot cancel or modify any Orders after the Order has gone into production, and BAM has no responsibility for any refunds for any Orders once the Order has gone into production. BAM is not responsible for any duplicated orders that are placed on the Website as a result of your mistake.
(f) Warnings: BAM sends out warnings before emailing proofs, about potential problems that may occur during printing. These messages are sent during the proofing process and it is your responsibility to read these warnings before accepting the proof. If you accept the proof without changing these potential problems then BAM is not responsible if this error(s) occurs during printing. A reprint will not be honored in such situations. Some of the most come warnings are: text too close to edges, boarders, fraying of cards when dark colours are used, low resolution and colour matching (most common ones are: blood red, navy blue and specific greys).
(g) Reprints: A reprint will only be honoured if a printing error or shipping error occurs. The exact same file will be used for the reprint process. If a client requests to change their file, this will be considered a new order. Any design errors will not be given a reprint as it is the responsibility of the client to look over their proof before approving it to print. “File error” and other warning messages are sent out for this reason. If the client decides to proceed with an order without changing their design, then they take complete responsibility if such error occurs.
The only way a reprint will be able to be considered is if (1) 5% of the finished product is return with the same printing error on all the cards or (2) a claim is granted by BAM’s shipping provider for any lost or damaged package(s). It is in the sole discretion of BAM to request more than 5% of the order, including the whole order, if the entire order needs to be reprinted. Reprints will only be honoured if a request is submitted within 7 business days after receiving your product. Reprints for shipping errors will take two weeks before getting approved or declined as shipping claims take two weeks to be processed. If a reprint is being shipped out for a second time and the price of shipping exceeds 20% of the product cost before taxes, then the customer must pay for 50% for the shipping cost. Customers will have to pay for shipping in full when an order has been shipped out more than twice.
(h) Design Orders: Design quotes are based on the estimated time it will take to complete. In some cases, this time will be over or under estimated; however, the price will remain the same once the design quote has been accepted by the customer. A design service does not include the printing price unless stated.
A design order will be completed once you have accepted your design proof. If you are unhappy with the finished design(s) then another design quote will be sent out for any changes that BAM needs to make. If the changes are minor, and if BAM has not gone over their estimated time to complete such design, a change may be made with no additional fee under the discretion of BAM. A DESIGN ORDER CAN NOT BE CANCELLED OR PARTIALLY REFUNDED ONCE THE FINAL DESIGN HAS BEEN SENT TO THE CUSTOMER. If you decide to cancel a design order after being paid for and before being completed, then you will need to pay for services rendered, which is a minimum of $75 per hour. If no design work has been done when an order is cancelled, then the customer will only need to pay a 5% transaction fee on the price of their order, if cancelled later then the date of purchase.
(i) Finished Product: BAM will not offer a reprint or compensation if less than 5% of the product quantity is missing or defective. This is because specific bindery services can damage products, limiting the number of the finished product.
(j) Sale Items: No other promotions, promo codes, in-store credits, sponsorship discounts or other discounts can be used on sale items. All files for sale item orders are required within one week (7 days) from the date the sale expires, unless otherwise stated. If files are supplied after this time, the customer will need to pay the regular price of the cards as it is listed on the website for the same product. For regularly priced cards, customers will have 2 weeks to upload the files. If the files are uploaded after this time then the person will need to pay the price of the cards as listed on our website.
Sale prices can only be honoured during the designated sale time. Products placed before the sale date can only be honoured during the sale if the order has yet to go into "prepress". If the order is in "prepress", or has previously been in prepress, then the sale price cannot be honoured.
Promotional products that are ordered, or given away, at no charge to the customer, do not qualify for any form of compensation if there is an error with printing, designing, shipping, etc.
(k) All customers are responsible for saving all completed designs on their computers.
l) In-Store Credits: An in-store credits can be offered only if an order is cancelled before being put into "prepress" - to avoid cancellation fees- or may be offered as a form of compensation. The amount of compensation is solely based on BAM's discretion. An in-store credit will not be issued for any order that was paid for using an existing credit; however, the order may qualify for a reprint, but only at the discretion of BAM.
To claim an in-store credit a customer must supply their in-store credit promo codes. Promo codes will only be valid until their expiry date. When an order is cancelled, or compensation is given, a promo code will be sent to the customer's account email (or the email that is on the order being compensated if the customer does not have an account). In-store credits are valid for a maximum of one year from the date the promo code is issued. If a customer does not use their credit within the year, or has only used a portion of it by the expiry date, the remaining amount will be forfeited.
If the amount of a promo code exceeds the cost of the product, then two smaller promo codes may be issued instead BUT ONLY if the initial promo code has yet to be used. If a promo code has already been used then no more credit will be issued.
m) Custom Work: Custom work is generated internally by BAM and are therefor subject to human error. If an error occurs with pricing, stock, coating, turnaround time or any other specification on the order, BAM has the right to cancel the order and refund the customer. Also, any miss communication that occurs between BAM estimators and customers during the quoting process will not qualify the customer for a reprint. It is the responsibility of the customer to check the accuracy of the quote before proceeding with payment. BAM will only be responsible for printing what is listed on the customer's invoice and reserves the right to cancel the order at any time regardless of the error that was made. Any cancellation of an incorrect quote will still be subject to the same penalties as listed under "Product Proof and No Refunds".
BAM requires a full payment to process any Orders. Processing of an Order will not start until you have made payment with a valid credit card number (using Stripe or PayPal), or cash fund (using PayPal or bank transfer). BAM will not be liable for any of delay in completing Orders due to your delay in payment.
8. Pricing and Shipping
(a) Pricing: All prices listed on the Website are in Canadian funds, unless otherwise noted, and are subject to change by BAM without any notice to you. Applicable taxes and shipping and handling charges will be added to each invoice. BAM may change pricing options as well as change any promotional offer(s) at any time without prior notice.
(b) Pricing/Promotions: General pricing and promotions are in effect only for the regions and time periods as specified on the Website. Under no circumstances can you request alternate pricing options other than those available in specified regions. Pricing includes shipping within a specific region specified in the offer. You may request shipping outside that area, but BAM reserves the right to refuse delivery outside the specified region. If BAM agrees to ship outside the specified region, additional shipping will be added to your order. The price of additional shipping will be determined by BAM based on your shipping request.
(c) Taxes: Any Order which specifies delivery of shipment in Canada is subject to Goods and Services Tax and may also be subject to Provincial Sales Tax or Harmonized Sales Tax.
(d) Shipping Outside Canada: BAM does not offer shipping outside Canada.
You will defend, indemnify and hold BAM, its directors, officers, employees, agents, partners, suppliers and licensors harmless from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) the submission and use of Your Content; (b) your use of the Services and activities occurring using your account information; (c) any violation by you of these Service Terms; or (d) your violation of any third party rights. This obligation will survive the termination or expiration of these Service Terms and your use of the Services.
10. Shipping and Delivery
(a) Order Shipping: BAM will use commercially reasonable efforts to ensure that production difficulties with respect to any Order do not delay delivery schedules. BAM’s shipment and delivery dates are calculated based upon estimates provided by BAM’s logistics partners. Unexpected failure, malfunction and/or technical problems with BAM’s printer may delay BAM’s production process. In the event of such delay, BAM may, in its discretion, refund or waive any rush fees applicable to an Order. BAM can only use its own shipping account and will not use account numbers provided by you for any couriers.
(b) Incorrect Address: You are responsible for providing BAM with the proper shipping address. When a package is not delivered due to an error made by the customer in submitting the proper shipping address, BAM will reship the package with the correct address and charge you an additional shipping fee. Product deliveries are subject to the corporate policies of the delivery companies used by BAM. Policies regarding signature of delivery receipts will apply to you. If you are not present at the delivery location that you provided to BAM, you will be responsible for picking up the package in accordance with the policies of the applicable delivery company.
(c) Estimated Completion Times: When you place an Order using the Website, BAM will provide you with an estimated date of completion of the Order. You acknowledge and agree that the date is an estimate only, and does not include shipping time for the Product. BAM does not represent and warrant that your Order will be completed by the estimated date.
(d) Transfer of Title: You acknowledge and agree that the shipping terms for all Products from BAM are FOB shipping point and ownership transfers to you upon delivery of your shipment to the delivery company. You assume all associated risks at that point, and BAM will not be responsible for any loss or destruction associated thereafter.
11. Disclaimer of Warranties and Limitation of Liability
(a) Except as otherwise expressly provided herein, you acknowledges and agree that the Website, the Services, and the Products are provided on an “as is”, “without any warranties”, and “without any liability” basis, and you and BAM both acknowledge and agree that this limitation on liability is reasonable in the circumstances.
(b) BAM DOES NOT REPRESENT, WARRANT, OR GUARANTEE THE QUALITY, ACCURACY, COMPLETENESS, OR TIMELINESS OF THE PRODUCTS, THE WEBSITE, THE SERVICES, OR THE WEBSITE CONTENT PROVIDED IN CONNECTION THEREWITH, WHICH MAY CONTAIN ERRORS. YOU SHOULD NOT ASSUME THAT YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE ERROR FREE OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION. BAM DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR ANY COMMUNICATION ORIGINATING FROM THE WEBSITE OR BAM ARE FREE OF VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
(c) BAM DISCLAIMS AND EXCLUDES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS REGARDING USE OF THE WEBSITE, THE SERVICES, OR THE PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WHETHER EXPRESS OR IMPLIED AND WHETHER ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
(d) BAM IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, YOUR USE OR MISUSE OF THE WEBSITE OR THE SERVICES OR IN RELIANCE ON THE CONTENT AVAILABLE ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY BUSINESS INTERRUPTION, LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY PECUNIARY LOSS, WHETHER IN AN ACTION OF CONTRACT, CIVIL LIABILITY, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF BAM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE.
(e) NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE SERVICE TERMS, YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE OF BAM’S LIABILITY FOR EACH ORDER EXCEED THE LESSER OF (a) CDN$ 100; or (b) FEES ACTUALLY PAID BY YOU FOR SUCH ORDER.
(f) ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE WEBSITE OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, UNLESS AND TO THE EXTENT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAWS, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Where you submit or provide any comments, suggestions, proposals or other feedback (the “Comments”) to BAM in connection with the operation or content of this Website, you irrevocably assign to BAM all of your right, title and interest in and to the in the Comments without the right to any compensation or royalties from BAM and you waive any moral rights you may have in the Comments. Further, you irrevocably waive and agree never to assert any claims against BAM or any of its successors or assigns with respect to the Comments. You agree that BAM shall be free to use the Comments on an unrestricted basis.
Any dispute relating to the Website or the Services shall be governed by the provincial laws of Alberta and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles, and without reference to the UNCITRAL Convention on Contracts for the International Sale of Goods or the Alberta International Sale of Goods Act. You and BAM agree to submit to the non-exclusive jurisdiction of the courts of Alberta, Canada for any and all disputes, claims, and actions arising from or in connection with the Services or these Service Terms. Nothing in these Service Terms shall prevent BAM from seeking injunctive or other equitable relief, payment of amounts due, or enforcement of an award before any court having jurisdiction over you over such subject matter.
14. Hyper-Links to Third Party Sites
The Website may contain hyper-links to third party websites. Because BAM has no control over such sites, access to any other Internet sites linked to the Website is at your own risk and you understand that BAM is not responsible for the availability, accuracy or reliability of the contents of any linked site or any link contained in a linked site (“Third Party Content”). BAM provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any Third Party Content by BAM. You further acknowledge and agree that BAM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content.
15. Independent Remedies.
THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY IN SECTIONS 12 WILL SURVIVE ON A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THESE SERVICE TERMS OR ANY OF THE REMEDIES CONTAINED HEREIN. Such disclaimers and limitations of liability apply without regard to whether damages arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
16. Force Majeure
If BAM’s performance of its obligations under these Service Terms is prevented, restricted, or interfered with by reason of: fire, flood, earthquake, explosion or other casualty or accident or act of God; strikes or labour disputes; inability to procure or obtain delivery of power, war or other violence; any law, order proclamation, regulation, ordinance, demand or requirement of any governmental authority; or any other act or condition whatsoever beyond BAM’s reasonable control, including, without limitation, any telecommunication services or any other services provided by a third party, BAM shall be excused from such performance to the extent of such prevention, restriction or interference. BAM will take reasonable steps to avoid or remove such cause of non-performance and shall resume performance hereunder with dispatch whenever such causes are removed.