By accessing or using Capecraft Digital's services, including making a purchase, submitting a contact form, or engaging us for a project, you agree to be bound by these Terms. If you disagree, you may not access our services. These Terms may be updated from time to time; continued use after changes constitutes acceptance of the updated Terms.
Geographic Limitation: Our services are intended for customers located in Canada, the United States, India, Australia, the United Kingdom, Singapore, New Zealand, UAE, Brazil, Nigeria, and the Philippines. If you are a consumer habitually resident in the European Economic Area, United Kingdom, Switzerland, Australia, New Zealand, or any jurisdiction where mandatory consumer protection laws may conflict with these Terms (including but not limited to statutory cooling-off periods exceeding those offered in our Refund Policy), you are not eligible to purchase our services. By making a purchase, you confirm that you are a resident of Canada, the United States, India, Australia, the United Kingdom, Singapore, New Zealand, UAE, Brazil, Nigeria, or the Philippines, and are not purchasing from a restricted jurisdiction. Capecraft Digital reserves the right to refuse or cancel orders from any jurisdiction where these Terms may conflict with local consumer protection laws. Customers from jurisdictions not listed above should contact us at hello@capecraftdigital.com before purchasing to confirm eligibility.
Definitions: All references to "business days" in these Terms refer to business days in Halifax, Nova Scotia, Canada. All dollar amounts ($) are in Canadian dollars (CAD) unless otherwise stated.
We provide website development, design, e-commerce, SEO, maintenance, and related digital services. Standard packages are described in detail on our Packages page, including specific features, page counts, revision rounds, and timelines. Custom projects are documented in individual proposals.
Not included unless explicitly stated in a package description or proposal: domain registration, web hosting, SSL certificates, third-party software licenses, stock photography, copywriting, ongoing content creation, social media management, print materials, or mobile app development.
We reserve the right to modify our service offerings, pricing, and package features for new purchases with 30 days' notice posted on our website or communicated via email. Changes will not affect projects that have already been ordered, paid for, or are in progress — those will be completed per the terms in effect at the time of order.
If we discontinue a service entirely, clients with active orders for that service will be offered a comparable alternative or a full refund for the unfulfilled portion. No modification or discontinuation shall apply retroactively to completed work or existing agreements.
To ensure successful and timely project delivery, clients agree to:
Content & Information: Provide accurate, complete, and timely information including text content, images, logos, brand assets, and business details required for the project.
Timely Responses: Respond to design mockups, drafts, and revision requests within 3 business days. Failure to respond within 5 business days may result in timeline adjustments and project delays.
Constructive Feedback: Provide feedback that is specific, constructive, and actionable to enable efficient revisions.
Payment: Make timely payments as outlined in these Terms and the applicable package description or project proposal.
Rights & Licenses: Obtain all necessary rights, licenses, and permissions for any content, images, text, or materials provided to Capecraft Digital for use in the project.
Domain & Hosting: Maintain their own domain registration, web hosting, and third-party software licenses unless otherwise agreed in writing.
Review Period: Review the completed site within the 7-day review period and communicate any issues promptly in writing.
Backups: Maintain their own backups of the website and data after delivery. Capecraft Digital is not responsible for data loss occurring after the site is delivered.
Content Warranty & Indemnification: The Customer warrants that all text, images, videos, logos, and other content provided to Capecraft Digital for use in the project are either owned by the Customer or properly licensed. The Customer shall indemnify and hold harmless Capecraft Digital from any and all claims, damages, or expenses (including legal fees) arising from the Customer's content, including but not limited to copyright infringement, trademark infringement, defamation, or violation of third-party rights. This indemnification survives termination of this Agreement.
AI-Generated Content: If the Customer provides content generated by artificial intelligence tools, the Customer assumes all responsibility for the accuracy, originality, and legal compliance of such content. Capecraft Digital makes no warranties regarding AI-generated content and shall not be liable for any claims arising from its use.
Payment: Full payment of the total project fee is required before work begins. Payment is processed securely through Stripe. Work will not commence until payment is received.
Change Orders: Any work outside the original project scope (additional pages, features, integrations, or design revisions beyond the allocated rounds) is billed at $75 CAD/hour (prorated to the nearest 15-minute increment) with your written approval before proceeding.
Late Payments (Change Orders): Payments for change orders not received within 7 days of the due date may result in work suspension. Late payments beyond 30 days may result in project termination. Upon termination for non-payment, work completed is billed at $75 CAD/hour, and any amounts paid exceeding the value of work completed shall be refunded to the client within 7–21 business days of the termination date. Work completed includes design, development, planning, communication, and project management time.
Payment Methods: All payments are processed securely through Stripe. We accept Visa, Mastercard, American Express, and other payment methods supported by Stripe.
Upon full payment, clients own final designs and custom code. We retain the right to display completed projects in our portfolio and on our website. Any pre-existing code, frameworks, libraries, or third-party assets remain the property of their respective owners, and our use of such assets is governed by their applicable licenses.
Standard Packages: Revision rounds are specified in each package on our Packages page (e.g., 1 round for Foundation, 10 rounds for Enterprise). Each revision round includes up to 3 specific change requests. Additional revisions beyond the allocated rounds are billed at $75 CAD/hour.
Custom Quotes: Revision terms are defined in the individual project proposal. If not explicitly stated, custom quotes include reasonable revisions within scope, with additional revisions billed at $75 CAD/hour.
Scope changes (new features, pages, or functionality not in the original package scope or proposal) require a new written estimate and may affect the project timeline in all cases.
All payments are processed securely through Stripe, a third-party payment processor. Stripe handles all payment data; we do not store or process credit card information on our servers. By making a purchase, you agree to Stripe's Terms of Service and Privacy Policy. We are not responsible for any issues arising from Stripe's payment processing.
We warrant that services will be performed in a professional and workmanlike manner and will substantially conform to the approved design and specifications.
Critical Bug Fixes: We will fix critical bugs (defined as errors that prevent the website from functioning as designed per the agreed specifications) discovered within 30 calendar days of launch at no additional cost. This bug-fix window applies only to code and functionality we delivered; it does not apply to issues caused by third-party plugin updates, hosting changes, domain configuration, content modifications by the Customer, or any changes made by persons other than Capecraft Digital after delivery. Non-critical issues will be addressed in the next scheduled maintenance update. This bug-fix window does not cover content changes, design modifications, or new features.
We do not guarantee: specific search engine rankings, positions, or traffic levels; that your website will be error-free or uninterrupted; compatibility with all browsers, devices, or operating systems beyond modern versions of Chrome, Firefox, Safari, and Edge; or that third-party services (plugins, APIs, hosting, domain registrars, payment processors) will remain available or function as intended.
Third-Party Services: Our services may integrate with or rely on third-party platforms, plugins, APIs, hosting providers, domain registrars, and payment processors (including Stripe). We do not control these third parties and are not liable for any downtime, data loss, security breach, service changes, or other issues caused by or arising from third-party services. Any terms, conditions, or policies of third-party services are solely between the Customer and the third party.
No Uptime Guarantee: Since web hosting is the Customer's responsibility (unless otherwise agreed), we do not provide any uptime, availability, or performance guarantee for the website once deployed. The Customer should select a hosting provider that meets their reliability requirements.
Accessibility: We design websites with accessibility in mind, aiming for WCAG 2.1 AA compliance where practical. However, final accessibility compliance depends on content provided by the Customer (including images, text, and media) and third-party plugins or themes. We do not guarantee that your website will meet any specific accessibility standard unless explicitly stated in a written proposal. The Customer is responsible for the accessibility of their own content.
The free tools, calculators, and estimators provided on this website are for general informational and educational purposes only. They are not a substitute for professional advice (financial, legal, medical, or otherwise). Results are estimates based on the information you provide and may not reflect actual costs, values, or outcomes. We make no representations or warranties regarding the accuracy, completeness, or reliability of any tool output. Use of these tools is at your own risk. Always consult a qualified professional for advice specific to your situation.
All services are provided "as is" except as expressly stated in these Terms.
To the fullest extent permitted by law, Capecraft Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business interruption, or loss of business opportunity, whether arising in contract, tort (including negligence), or otherwise. Our total liability for any claim arising from or related to our services is strictly limited to the total fees paid by you for the specific service giving rise to the claim. This limitation applies regardless of the legal theory under which the claim is made.
Refund eligibility is determined by the number of calendar days elapsed since payment and the project's Substantial Completion status, whichever gives the earlier cut-off.
Days 1–7 (Refund): 100% refund minus $100 CAD (+ applicable tax) administrative fee (non-refundable). This window expires 7 calendar days after payment date. The $100 CAD administrative fee covers non-recoverable costs incurred upon order placement including payment processing fees, account setup, initial discovery, and administrative overhead. See our Refund Policy for full explanation.
Days 8–21 (Partial Refund): If Substantial Completion has not been reached, 75% of fees paid minus $100 CAD administrative fee and $75 CAD/hour for work completed (including design, development, planning, communication, and project management time). All time is tracked using Clockify, Google Sheets, or a comparable method, and time logs are available to the Customer upon request.
Day 22 onward: No refund. Additionally, no refund is available after Substantial Completion, whichever occurs first:
Substantial Completion is considered reached no earlier than 48 hours after the initial order (cooling-off period).
Substantial Completion is considered reached no earlier than 48 hours after the initial order to allow for a cooling-off period.
All refunds are processed within 7–21 business days of the cancellation date. Maintenance fees, change orders, and third-party costs are always non-refundable.
Company's Right to Cancel: The Company reserves the right to cancel any order on the following grounds:
Either party may terminate with written notice if the other party materially breaches these Terms and fails to cure the breach within 10 business days of receiving written notice describing the breach. Upon termination, the Customer shall pay for all work completed up to the termination date at $75 CAD/hour (or the package rate, whichever applies), and any unpaid invoices become immediately due. Any amounts paid by the Customer exceeding the value of work completed at the applicable rate shall be refunded within 7–21 business days of the termination date. Termination does not affect the Customer's obligation to pay for work already performed, nor does it relieve the Customer of the indemnification obligations in §3 or the non-solicitation obligations in §15.
Chargebacks: Customers are encouraged to contact us before initiating a chargeback. Chargebacks initiated in violation of this Refund Policy may result in work suspension and may subject the Customer to any dispute fees incurred by the Company. We reserve the right to provide this Refund Policy and related acceptance records as evidence in any payment dispute.
These Terms are 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. Any disputes arising from or relating to these Terms or our services shall be resolved exclusively in the courts of Halifax, Nova Scotia, Canada, and each party irrevocably submits to the jurisdiction of such courts.
International Customers: Customers located in the United States or India agree that Nova Scotia law governs the interpretation and enforcement of these Terms, including all rights, obligations, and remedies arising from the contractual relationship. However, nothing in these Terms shall operate to deprive you of any mandatory consumer protection rights granted by the laws of your country of residence that cannot be waived by agreement. In the event that a mandatory provision of your local consumer protection law conflicts with these Terms, the local provision shall prevail to the minimum extent necessary to comply with applicable law, and all other provisions of these Terms shall remain in full force and effect.
Indian Consumer Forum Rights: Customers in India are advised that under the Consumer Protection Act, 2019, you may retain the right to file a complaint with the consumer disputes redressal forum in your district, notwithstanding the forum selection clause in these Terms. However, the substantive provisions of these Terms — including refund calculations, limitation of liability, and warranty disclaimers — are governed by Nova Scotia law as the agreed governing law of this contract. We encourage Indian customers to review these Terms carefully and contact legal@capecraftdigital.com with any questions before purchasing.
Refund Disputes: For customers in India, the United States, Canada, and all other served countries, the refund terms set forth in §10 and our Refund Policy constitute the entire agreement regarding cancellations and refunds. Statutory cooling-off or cancellation rights beyond those provided in these Terms are expressly excluded to the maximum extent permitted by applicable law. If you believe your local consumer protection law provides rights beyond those in our Refund Policy, please contact us at legal@capecraftdigital.com before completing a purchase.
This Agreement begins on the date of order placement and continues for an initial term of 1 year from the website launch date. After the initial term, this Agreement renews for successive one-year terms only if both parties expressly agree in writing at least 30 days before the renewal date. If no agreement is reached, the Agreement terminates at the end of the current term.
Each party agrees to maintain the confidentiality of non-public information shared during the project. The Customer is responsible for their own compliance with applicable privacy laws, including PIPEDA (Canada), applicable US state privacy laws (e.g., CCPA, CPA), India.s DPDP Act 2023, Australia.s Privacy Act 1988 (OAIC), and GDPR (EU) where applicable, including having a privacy policy on their website. Capecraft Digital is not liable for the Customer's privacy compliance.
Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, strikes, internet outages, government actions, pandemic, or failure of third-party services. The affected party shall notify the other within 5 business days and shall use reasonable efforts to resume performance. If the force majeure event continues for more than 30 days, either party may terminate the Agreement without penalty.
During the term of service and for 12 months thereafter, the Customer agrees not to directly or indirectly solicit, hire, or engage any employee or contractor of Capecraft Digital who was involved in performing services under this Agreement. If the Customer breaches this clause, the Customer shall pay Capecraft Digital a fee equal to 12 months of the solicited person's compensation at the rate they were engaged.
Before initiating any legal proceedings, both parties agree to attempt good-faith mediation for disputes over refunds, work completed, or project scope. If mediation fails, disputes shall be resolved exclusively in the courts of Halifax, Nova Scotia, as outlined in the Governing Law section above.
Entire Agreement: These Terms (including all referenced policies) constitute the entire agreement between the parties and supersede all prior discussions, agreements, and understandings, whether written or oral.
Amendments: Any amendments to these Terms must be in writing and agreed to by both parties.
Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.
No Waiver: The failure of either party to enforce any provision of these Terms shall not constitute a waiver of future enforcement.
Notices: All notices shall be sent in writing to the email address provided at the time of order and shall be deemed received upon confirmation of delivery.
Electronic Signatures: These Terms may be executed electronically, and electronic signatures shall have the same force and effect as original signatures.
If you believe that any content on a website we host or maintain infringes your copyright, you may submit a takedown notice in accordance with the Digital Millennium Copyright Act (DMCA) by providing the following information in writing to our designated agent:
DMCA notices should be sent to: legal@capecraftdigital.com. We will respond to valid DMCA notices within the timeframes required by law and may remove or disable access to allegedly infringing content. We may also terminate the accounts of repeat infringers in appropriate circumstances.
Questions about these Terms? Contact us at: legal@capecraftdigital.com