Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "Client" when purchasing services) and Into the Flavor Inc. ("Into the Flavor," "we," "us," or "our"), an Ontario corporation, regarding:

• Your access to and use of intotheflavor.com and related pages under our control (the "Site"); and
• Any services you purchase or engage us to perform (the "Services").

By accessing the Site, submitting a contact form, booking a call, accepting a proposal, paying an invoice, or otherwise engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by ourPrivacy Policy. If you do not agree, do not use the Site or Services.

If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity. In that case, "you" includes the entity.

These Terms are a business contract template for transparency. They are not legal advice to you. Laws change. For advice on your situation, consult a lawyer licensed in your jurisdiction.

2. Relationship of documents (order of priority)

For a paid engagement, the following documents apply in this order of precedence (highest first), to the extent of any conflict:

1. A signed statement of work, proposal, or written change order that we both accept;
2. These Terms;
3. Marketing copy on the Site (including package descriptions and sample prices).

Site pricing and package descriptions are invitations to do business and good-faith summaries of typical offerings. They are not a binding offer until confirmed in writing for your project (email confirmation of scope and price is sufficient unless we require a formal proposal).

3. Description of Services

We typically offer the following categories of Services:

• Basic Website Package (commonly listed at $499 CAD one-time):a custom, mobile-friendly marketing website for a small business, generally including a standard set of pages, contact form, basic SEO foundations, launch assistance, a limited number of revision rounds, and a short post-launch support window, as confirmed in writing for your project.
• Monthly Retainer (commonly listed at $149 CAD per month):optional ongoing care such as hosting management on the agreed platform, limited content or design updates per month, security and backup practices appropriate to the stack, form monitoring, and priority support, as described in your retainer confirmation.
• Add-ons and custom work:extra pages, rush timelines, branding, e-commerce, memberships, booking systems, automations, integrations, and similar work scoped and priced separately.

We may update public package names, inclusions, or list prices on the Site from time to time. Changes do not alter engagements already confirmed in writing, except by mutual agreement.

4. Client responsibilities

You agree to:

• Provide timely access to content, feedback, accounts, and decisions needed to complete the work;
• Ensure you have rights to all materials you supply (text, images, logos, trademarks, video, data);
• Provide accurate business information for the website and any forms or listings;
• Review drafts within a reasonable time so timelines can be met;
• Maintain your own domain registration account (or authorize us to assist) and keep renewal fees current where you own the domain;
• Comply with all laws applicable to your business and your website content (including advertising, consumer protection, accessibility expectations that apply to you, and privacy obligations to your customers).

Delays in providing content or feedback may extend timelines. We are not responsible for missed launch dates caused primarily by Client delay.

5. Content, intellectual property, and portfolio use

5.1 Your materials

You retain ownership of materials you supply to us. You grant us a non-exclusive licence to use, reproduce, and modify those materials solely as needed to perform the Services. You represent that your materials do not infringe third-party rights and are not unlawful.

5.2 Deliverables after payment

Upon full payment of all fees due for a website build (or other custom deliverable), and subject to these Terms, you own the final website deliverables created specifically for you under that engagement (including the custom page layouts and project-specific code and content combinations we produced for you), except for the exclusions below.

5.3 What we (and third parties) keep

• Third-party software, frameworks, fonts, stock assets, plugins, SaaS accounts, and open-source components remain subject to their own licences and terms;
• Our pre-existing tools, internal templates, know-how, and generic components remain our property; we grant you a licence to use them as embedded in your deliverables for your business website;
• Platform accounts (for example Formspree, Cloudflare, domain registrars) may be set up in your name or transferred to you as agreed; ongoing fees for those accounts are your responsibility unless included in a retainer.

5.4 Portfolio

Unless you request otherwise in writing before launch (or we agree to a confidentiality restriction), we may display non-confidential completed work, screenshots, and a short project description in our portfolio, Site, and marketing materials. We will not present your private credentials or confidential business data as portfolio material.

6. Revisions, scope, and change requests

Unless your written confirmation says otherwise, the Basic Website Package includes up to three (3) rounds of reasonable revisions during the build. A "round" means a bundled set of feedback on a draft we deliver, not unlimited micro-changes over an open-ended period.

Changes that materially expand scope (for example new page types, e-commerce, membership areas, custom applications, complex animations, or third-party integrations not in the original scope) are out of scope. We will quote those separately before proceeding. Work performed outside the agreed scope without a prior quote may be billed at our then current rates only if you authorized us to proceed.

7. Fees, taxes, invoices, and payment

• Fees are in Canadian dollars (CAD) unless we state otherwise.
• Applicable taxes (including HST where required) are extra unless an invoice expressly includes them.
• Payment timing for website packages is as confirmed in writing (commonly deposit and/or payment due on or before launch).
• Retainer fees are billed monthly in advance or as otherwise agreed, starting on the date confirmed for your retainer.
• Invoices are due upon receipt unless a due date is stated. Late accounts may pause work or support until brought current.
• Except where required by law or expressly stated in writing, fees are non-refundable once work has started, because design and development time cannot be resold.

If a project is cancelled by you after work has begun, you remain responsible for fees for work performed and non-recoverable third-party costs, at a minimum, and any remaining balance may be invoiced on a reasonable percentage-complete or time basis as we communicate at cancellation.

8. Post-launch support and Monthly Retainer

8.1 Included post-launch window

Website packages typically include a limited free support window after launch (commonly thirty (30) days) for bug fixes and minor tweaks related to the agreed deliverables, as confirmed in writing. That window does not include new features, new pages, or redesigns.

8.2 What happens without a retainer

After the included support window, your website continues to function as delivered. It is not taken offline merely because you do not purchase a retainer. You remain responsible for domain renewals, any third-party fees, and future changes unless you hire us (or someone else) to help.

8.3 Retainer terms

The Monthly Retainer is optional and month-to-month unless we agree to a different term in writing. Unused update allowances do not roll over unless we expressly say they do. Work beyond the included monthly allowance is quoted or billed separately. You may cancel the retainer by emailing [email protected]. Give reasonable notice before the next billing date. Cancellation takes effect at the end of the then-current paid period. We do not pro-rate refunds for partial months already billed, unless required by law or we agree otherwise in writing.

We may suspend or end a retainer for non-payment, abuse, or unlawful use of the Services, with notice where reasonable.

9. Timelines and acceptance

Timelines are estimates based on timely Client participation. We will notify you of material delays within our control. Unless otherwise agreed, delivery is complete when we deploy the site to the agreed hosting environment (or deliver files) and notify you that the site is ready for final review. If you do not provide written objections describing material non-conformity with the agreed scope within seven (7) days of that notice (or another period we set in writing), the deliverables are deemed accepted. Minor polish items may still be handled within any remaining revision or support window.

10. Third-party services and platforms

Our Services often depend on third-party platforms (examples: Cloudflare hosting and DNS, Formspree or other form providers, Cal.com or other scheduling tools, domain registrars, email providers, analytics, telephony, fonts, and stock libraries). Those providers have their own terms and availability. We are not liable for outages, policy changes, pricing changes, or data practices of third parties outside our reasonable control, though we will use commercially reasonable efforts to help you mitigate impact on your project.

11. No guarantees of results

We design and build professional websites and related tools using skill and care consistent with a small professional services firm. However, unless a written guarantee is expressly stated for your engagement, we do not guarantee:

• Specific search engine rankings, traffic levels, or revenue outcomes;
• Uninterrupted or error-free operation of any website or integration at all times;
• Compatibility with every future browser, device, or third-party API change;
• That a design preference held by one stakeholder will satisfy all stakeholders.

Marketing statements on the Site are descriptive of our general approach, not warranties of a particular business result.

12. Warranties disclaimer

To the maximum extent permitted by applicable law, the Site and Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nothing in these Terms is intended to exclude warranties or conditions that cannot be excluded under Ontario or Canadian consumer protection law where such law applies to you as a consumer. If you are purchasing as a business, you agree that consumer guarantees intended for individual consumers may not apply to the same extent.

13. Limitation of liability

To the maximum extent permitted by applicable law:

• Into the Flavor Inc., and its directors, officers, employees, and contractors, will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to the Site, the Services, or these Terms, whether in contract, tort (including negligence), or otherwise, even if advised of the possibility of such damages.
• Our aggregate liability for all claims arising out of or related to a particular engagement will not exceed the total fees you actually paid to us for that engagement in the three (3) months immediately preceding the event giving rise to the claim (or, for a one-time website package without retainer, the fees paid for that package).

Some jurisdictions do not allow certain limitations. In those cases, our liability is limited to the fullest extent permitted by law. Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, or other liability that cannot be limited by law.

14. Indemnity

You agree to indemnify and hold harmless Into the Flavor Inc. and its directors, officers, employees, and contractors from and against reasonable claims, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) materials you supply; (b) your website content or business practices; (c) your breach of these Terms; or (d) your violation of law or third-party rights, except to the extent caused by our wilful misconduct or gross negligence.

15. Acceptable use of the Site

You agree not to:

• Use the Site in any unlawful manner or for any unlawful purpose;
• Attempt to gain unauthorized access to our systems, forms, or data;
• Probe, scan, or test vulnerability of the Site without our prior written consent;
• Transmit malware, spam, or abusive automated traffic;
• Scrape the Site in a manner that impairs performance or violates robots rules we publish;
• Misrepresent your identity or affiliation when contacting us.

We may suspend access to the Site or refuse Services where we reasonably believe these rules are being violated.

16. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential. The receiving party will use such information only to perform under the engagement and will not disclose it to third parties except to personnel and subcontractors who need to know and are bound by confidentiality obligations, or as required by law. This section does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully received from another source without duty of confidentiality.

17. Non-solicitation of contractors (limited)

During an active engagement and for six (6) months afterward, you agree not to knowingly solicit for employment or exclusive contracting any individual contractor we introduce to you solely in connection with your project, without our prior written consent. This does not restrict general job postings not targeted at that individual.

18. Force majeure

Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, labour disputes, utility or internet failures, denial-of-service attacks, war, terrorism, embargoes, epidemics, government actions, or failures of third-party platforms, provided the affected party gives prompt notice and uses reasonable efforts to resume performance.

19. Suspension and termination

Either party may terminate an engagement for material breach if the breach is not cured within fifteen (15) days after written notice (or immediately if the breach is not reasonably curable). We may suspend Services for non-payment. Sections that by their nature should survive (including ownership already transferred, fees owed, disclaimers, limitations of liability, indemnity, confidentiality, and governing law) survive termination.

20. Governing law and disputes

These Terms and any dispute arising out of or relating to them, the Site, or the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The courts of the Province of Ontario situated in Ontario shall have exclusive jurisdiction, subject to any mandatory consumer protections that cannot be waived. Before filing a claim, you agree to attempt good-faith resolution by contacting [email protected].

21. Changes to these Terms

We may update these Terms by posting a revised version on this page with a new "Last updated" date. Changes apply prospectively. For active paid engagements, material adverse changes to commercial terms will not apply retroactively to that engagement unless you agree or the change is required by law. Continued use of the Site after posting constitutes acceptance of the updated Terms for Site use.

22. General

• Entire agreement: these Terms plus any written proposal or SOW constitute the entire agreement regarding their subject matter and supersede prior negotiations on that subject, except for fraud.
• Severability: if any provision is held unenforceable, the remainder stays in effect, and the provision will be modified to the minimum extent necessary to make it enforceable.
• Waiver: failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment: you may not assign these Terms without our consent; we may assign to an affiliate or successor in connection with a corporate transaction.
• Relationship: we are an independent contractor. These Terms do not create a partnership, joint venture, or employment relationship.
• Notices: formal notices may be sent to [email protected], and to the email you use in correspondence with us.
• Language: the parties have requested that these Terms and related documents be drawn up in English. Les parties ont exigé que la présente convention et les documents connexes soient rédigés en anglais.

23. Contact

Into the Flavor Inc.
Wasaga Beach, Ontario, Canada
[email protected]
(249) 499-0309