Service Policy and Limitation of Liability

1. Billing and payment terms

Although our services are offered under the name FC Web Design, the business is operated by its owner as a self-employed worker. Payments (Interac e-Transfer, cheque or, outside Canada, international bank transfer) must be made to the payee shown on the invoice. FC Web Design's services are intended for businesses and self-employed workers: by accepting these terms, the client declares that they are acquiring these services for the needs of their business or self-employed work.

2. Tax status (GST/QST)

FC Web Design is a small supplier and is not currently registered for the GST and QST. Consequently, no sales tax is collected for the time being. Prices shown on our website or in our quotes are net amounts, in Canadian dollars (CAD). If FC Web Design becomes registered, the GST and QST will be added to services invoiced from the date on which FC Web Design becomes required to collect them, with written notice to the client. A client outside Canada pays the same amount in Canadian dollars; any bank transfer fees are the client's responsibility. The tax treatment of a service provided to a client outside Canada depends on the nature of the service and the applicable rules.

3. Hosting, domain names and server access

The domain name is always registered in the client's name. It is paid by the client, either directly (we guide you, see “Setup”), or purchased for you by FC Web Design and re-billed at cost, paid in advance. FC Web Design does not sell domain names and takes no margin on them. Upon request, we offer a setup service ($65 one-time) to guide you in buying and registering the domain name in the client's name, then install the website and put it online.

1. Hosting included in the first year. Purchasing an Essential or Professional creation package includes hosting of the site for 12 months from launch. For a custom project, or one that needs more resources (several sites, online store, application, dedicated server), hosting and server are specified and priced in the quote. Nothing else is included: no domain name, no email mailboxes, no touch-ups and no maintenance.

2. Tranquille Plan (optional, not included). In addition to the creation package, the client may add the Tranquille Plan from launch: $59/month or $590/year. It includes hosting, security, regular maintenance and 30 minutes of touch-ups per month.

3. After the first year, the client chooses between the Tranquille Plan and Hosting Only ($15/month or $150/year). FC Web Design writes to the client at least 30 days before the end of the year to ask for the choice. If there is no answer, the site stays online for 30 more days and is then suspended until the client chooses.

4. Hosting Only: puts the site online and keeps it as delivered. Changes are billed per request.

5. Additions (new page, calendar, virtual assistant or other feature): by quote, before any work.

6. Rates: fixed for 12 months. At each anniversary they may be revised with 30 days' written notice. A client who refuses the new rate may end the plan before it takes effect, at no charge.

7. Very large or high-traffic site: if the site needs more resources, FC Web Design will propose a suitable plan, with its price, before any change.

To maintain the overall security of our infrastructure and the stability of hosted sites, no direct server access (cPanel, hPanel, FTP/SSH) is granted to clients on our shared servers. All technical operations and changes are performed directly by FC Web Design upon client request. Email mailboxes are not included in the hosting; on request, we can set them up or create a forwarding address, as a paid option.

Google Visibility: The “Google Visibility” service ($149 one-time, $79 for Tranquille Plan clients) includes setting up Google Search Console, sending the site map and help creating the Google Maps listing. Google accounts (Search Console, Google Maps listing) always belong to the client; FC Web Design is added as a user or manager and never knows the client's password. No ranking in search results is guaranteed.

4. Maintenance, modifications and allotted time

Regular maintenance plans (Tranquille Plan at $59/month, Maintenance Only at $49/month) include up to 30 minutes of small content tweaks per month (e.g. updating prices, changing text, replacing existing photos, publishing a promotion). This regular maintenance time does not apply to a major visual redesign or the development of complex new features.

Unused tweak minutes in any given month do not accumulate and cannot be carried over to subsequent months. Any changes exceeding the included time or requested à la carte for larger projects will be billed at our current hourly rate of $65/hour, in 15-minute increments, subject to the client's prior estimate and approval.

5. Existing websites and third-party platforms (WordPress, Wix, Squarespace, Shopify)

Mandatory prior assessment: For any existing website not originally designed by FC Web Design, a preliminary assessment ($95 one-time) is required prior to enrolling in any maintenance or hosting plan. This assessment reviews the underlying technology, health, and security of the site. The $95 fee is refunded if the client subscribes to an annual plan paid in advance.

Scope of Maintenance Only: Maintenance Only is for standard showcase websites. Backups, security and availability of the client's hosting remain the responsibility of the client's host: FC Web Design checks and reports, but cannot guarantee them. A site with an online store, online payment or heavy traffic requires an adapted plan, specified after the prior assessment.

Wix, Squarespace or Shopify sites: FC Web Design can perform content or layout updates on these platforms using access credentials provided by the client. However, because these platforms are closed proprietary systems, these sites cannot be migrated to our hosting.

6. Intellectual property, copyright and indemnification

The client warrants that they hold all legal rights to the text, images, logos and videos provided for the creation of their website. The client agrees to indemnify, defend and hold harmless FC WEB DESIGN and its owner from any lawsuit, claim or damage arising from the use of material provided by the client.

Ownership of the site. Once the price of the site has been paid in full, the design and content created for the client belong to the client. Third-party tools, libraries and fonts remain subject to their own licences.

Content and right to refuse: FC Web Design may refuse a project, refuse or remove content, or end a service where the content or activity involved is unlawful, fraudulent or misleading, linked to criminal activity, hateful, discriminatory, violent, sexually explicit, or otherwise contrary to the law or to FC Web Design's values, or where it risks harming third parties or the reputation of FC Web Design or its owner. The refusal is communicated to the client in writing. If work has not started, any deposit is refunded; if work has been done, FC Web Design may invoice its value, determined in proportion to the agreed price.

7. Limitation of liability and SEO

Although we use a host (Hostinger) that advertises 99.9% uptime, FC WEB DESIGN cannot be held liable for any loss of revenue, profit or data caused by an outage beyond our control, an external hacking attack, or force majeure. In addition, no guarantee of search engine ranking (SEO) is offered. The commercial success of the website remains the client's responsibility.

The total liability of FC Web Design, for any cause whatsoever, is limited to the amount paid by the client for the service concerned. FC Web Design is not liable for indirect damages (lost profits, business interruption, loss of data). Nothing herein limits a liability that cannot be limited under the law, in particular for intentional or gross fault, or for bodily or moral injury (article 1474 of the Civil Code of Quebec).

Consumer clients: if the client is a consumer within the meaning of Quebec's Consumer Protection Act (a person who retains our services for personal purposes), the provisions of that Act that cannot be waived apply and prevail over any inconsistent term herein.

8. Cancellation of maintenance and hosting services

The client may cancel their maintenance or hosting plan at any time with 30 days' written notice. FC Web Design may also end the plan for a serious reason, with at least 30 days' written notice, allowing the client to recover their files. For a plan paid annually in advance, the amount for the period not used after the cancellation date, calculated to the day, is refunded to the client. Fees paid to third parties on the client's behalf (domain name, email mailboxes, external tools) are not refundable if the supplier does not refund them. Since the domain name remains the client's exclusive property, the client retains full control. In the event of cancellation, the website's files and data will be provided to the client so they can host their site with the provider of their choice.

Handover of files. The site files are handed over on a USB key supplied by the client, of sufficient capacity (FC Web Design will state the size needed), or by another agreed means. The handover costs $65 and is carried out as soon as reasonably possible once the key is received and all amounts owing have been paid. It is free when FC Web Design ends the service through no fault of the client.

Serious reasons (examples). A serious reason includes, in particular: a site that can no longer be managed safely (abandoned plugins, repeated hacking, access withdrawn or refused by the client's host or platform); repeated requests that go well beyond the plan; non-payment; or a site that is no longer a standard showcase site (online store, online payment, heavy traffic).

9. Quality and format of material provided by the client

The client is responsible for providing professional-quality material (images, videos, logos, text) in standard web formats. FC WEB DESIGN is not responsible for the final visual appearance if the material provided is low-resolution, pixelated or unsuitable. If the material requires significant manual processing, complex conversion or major retouching to be usable, FC WEB DESIGN reserves the right to:

• Refuse to use said material;
• Bill the additional processing time at its current hourly rate ($65/hour, in 15-minute increments), with the client's prior agreement.

10. Deposit and late payments

A 50% deposit is required before design work begins, in order to plan the project and reserve the required work time. If the client cancels the project before delivery, FC Web Design retains the value of the work already performed, determined in proportion to the agreed price (or, failing that, based on the time actually spent at our hourly rate of $65/hour), as well as the expenses actually incurred; the rest of the deposit is refunded to the client (Civil Code of Quebec, articles 2125 and 2129). The balance is payable on delivery, before the website goes live on the public domain. Any amount unpaid more than 30 days after its due date bears interest at 1% per month (12% per year), calculated on the overdue amount. If an amount remains unpaid 30 days after its due date, FC Web Design sends a written notice; if payment is not received within 10 days of that notice, the website may be taken offline, without deleting its files, until payment. Files are kept for at least 6 months before any deletion, after a further written notice.

11. Response times and inactive projects

The client agrees to provide approvals and the required material (text, images) within a reasonable time so the project can move forward. If the project is paused or abandoned by the client for more than 60 days without news, FC Web Design reserves the right to bill for the work completed to date or to charge a reactivation fee to resume the project.

12. Third-party fees and purchases

Costs related to purchasing specific fonts, paid image banks (stock photos) or third-party extensions/platforms (e.g. external booking system, paid API) not included in the initial quote remain the sole responsibility of the client.

13. Governing law

These terms are governed by the laws of Quebec and the federal laws of Canada that apply in Quebec. Any dispute falls under the courts of Quebec.

14. Written notices

Written notices provided for in these terms (suspension, price change, taxes, content refusal, end of service) are given by email, to the address indicated by the client or to francois@fcwebdesign.net for FC Web Design. The client must notify FC Web Design of any change of email address.

15. Virtual assistant (option)

On request and by quote, a virtual assistant may be added to the client's website. It may work without artificial intelligence (answers prepared in advance from content supplied and approved by the client) or with an external artificial intelligence provider whose servers may be located outside Quebec. Where applicable, FC Web Design will specify in writing, before any go-live, the provider, the information that would be transmitted, the cost and the client's responsibilities toward its visitors (notice and privacy policy). The client remains responsible for the content it supplies and approves. A virtual assistant's answers are general in nature and do not constitute professional advice (legal, medical, financial or otherwise). The assistant makes no automated decisions and is not designed to collect sensitive information. This option is assessed case by case and is not included in the packages.

16. Artificial intelligence tools

FC Web Design may use artificial intelligence tools to prepare text, images, code and checks. Content is reviewed and tested before delivery, and the client approves it before it is published. The providers of these tools may have their servers outside Quebec; where a project requires sending personal information to them, FC Web Design will first inform the client. The client remains responsible for the content they supply and for their rights in it.