Important: By accessing or using the services provided by CodeLuma Development, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and CodeLuma Development ("Company," "we," "us," or "our"), a business operating under the laws of Nova Scotia, Canada.
By accessing our website, creating an account, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.
If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.
CodeLuma Development provides the following digital services:
The specific scope, deliverables, timelines, and pricing for each project are outlined in individual service agreements, proposals, or invoices provided to the Client.
To access certain services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account at any time for violation of these Terms, non-payment, or any other reason we deem appropriate, with or without notice.
All prices are quoted in Canadian Dollars (CAD) unless otherwise specified. Prices are subject to change with 30 days notice for ongoing services. Project quotes are valid for 30 days from the date of issue.
Invoices are due within 15 days of the invoice date unless otherwise specified. Late payments may incur interest at a rate of 2% per month (24% annually) on the outstanding balance. We reserve the right to suspend services for accounts with overdue balances exceeding 30 days.
All fees are exclusive of applicable taxes. Clients in Canada will be charged applicable HST (Harmonized Sales Tax) as required by law. The Company's HST registration information will be provided upon request.
All sales are final. We do not offer refunds for any services. This includes hosting, email services, development projects, and maintenance plans. By making a purchase, you acknowledge and agree that all payments are non-refundable. We encourage all clients to thoroughly review our services and contact us with any questions before making a purchase.
Upon full payment, the Client receives ownership of custom code, designs, and content specifically created for their project, except for:
For any pre-existing materials we incorporate into your project, we grant you a non-exclusive, perpetual license to use such materials solely in connection with the delivered project.
Unless otherwise agreed in writing, we retain the right to display and link to your completed project as part of our portfolio and to identify you as a client for marketing purposes.
You represent that you own or have proper licenses for all content, images, trademarks, and materials you provide to us. You agree to indemnify us against any claims arising from your provided materials.
You agree not to use our services to:
Violation of this Acceptable Use Policy may result in immediate suspension or termination of services without refund.
We guarantee 99.9% network uptime for our hosting services. If we fail to meet this guarantee in any calendar month, affected clients are eligible for service credits as follows:
Credits must be requested within 30 days of the incident. Scheduled maintenance windows are excluded from uptime calculations.
While we perform regular automated backups as part of our hosting services, the Client is ultimately responsible for maintaining their own backups of critical data. We are not liable for any data loss.
Hosting accounts are subject to fair usage policies. Excessive resource usage that impacts other customers may result in throttling or suspension until the issue is resolved.
For development projects, we warrant that deliverables will substantially conform to the agreed specifications for a period of 30 days following project completion. Our sole obligation under this warranty is to correct any non-conforming work at no additional charge.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that our services will be uninterrupted, error-free, or completely secure. We do not warrant any specific results from the use of our services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless CodeLuma Development, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
You may terminate ongoing services (hosting, email, maintenance) at any time by providing 30 days written notice. All payments are non-refundable. Prepaid fees for any billing period will not be refunded upon termination.
We may terminate or suspend your services immediately, without prior notice, for:
Upon termination:
These Terms shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Before initiating any formal dispute resolution process, the parties agree to attempt to resolve any dispute informally by contacting each other directly and negotiating in good faith for a period of at least 30 days.
If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator in Nova Scotia before pursuing arbitration or litigation.
Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts of the Province of Nova Scotia, Canada, and you consent to the personal jurisdiction of such courts.
To the extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
We reserve the right to modify these Terms at any time. We will notify users of material changes by:
Your continued use of our services after any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of our services.
If you have any questions about these Terms of Service, please contact us:
CodeLuma Development
Nova Scotia, Canada
Email: legal@myvisionmedia.ca
Support: support@myvisionmedia.ca
Website: myvisionmedia.ca
By using our services, you acknowledge that you have read, understood, and agree to these Terms of Service.
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