Bewildering will not enter into any contract where the other party's terms conflict with any of the following Terms of Service. By utilizing our services you understand and agree to the following terms and conditions:
Hours of Operation
We are open Monday - Friday from 8am to 4pm PST. Our offices close for BC and Canadian statutory holidays.
Confidentiality & Non-disclosure
Both parties agree to confidentiality and non-disclosure. This includes the pricing of services, private product, service, and operating information, lead and client/ customer information, and any other information made privy to one another and not accessible by any other legal means without the written consent of the other party. This clause is rendered void if a client is suspected of participating in any illegal activities.
Client & Project Suitability
We evaluate each project to ensure it passes our standards of ethics, morals, as well as local, national, and international laws. We reserve the right to refuse clients on these bases. We also reserve the right to refuse to perform work for current clients, and, at our option, terminate all connections, including all contracts, with a client that requests work that goes against these policies.
Non-competition
Neither party will compete directly with the other or assist another company in providing the same products or services to the same geographical area within 180 days of the last completed project or invoice. A business is considered direct competition if one or more of the following statements is true AND the mutually agreed geographical area is the same:
- The business lists itself on Google My Business under the same business category AND offers products and services of a similar nature.
- The title, description, benefits, and visual imagery, of the products and services could be confused with one another.
- The companies sell similar products and services AND an increase in the sales of one business would have a significant and detrimental impact to the sales of the other.
For example:
- A professional moving and storage company serving all of Vancouver is not considered direct competition to a self storage business in the same area.
- An Italian restaurant in Burnaby is not considered direct competition to a Chinese restaurant next door to it. Despite their close proximity, they both serve very different products and services.
- A Chinese restaurant in Yaletown is not considered direct competition to a Chinese restaurant in North Vancouver. They serve two very different neighboorhoods. They may share customers from time to time, but not enough to directly compete with one another.
- An urban clothing store is not considered direct competition to a backpacking and outdoor adventure store. While they may share customers from time to time, the products and services they sell are very different.
- A custom home construction company is not considered direct competition to a commercial developer.
- Two consultancy firms in the same market are not considered direct competition if the large firm refuses to take on the smaller firms projects and the smaller firm is incapable of meeting the larger firms clients' expectations.
Exceptions
Bewildering offers marketing training, events, webinars, and courses online, in-person, and at select venues. Such events and services cover a variety of topics and are often available for anyone to view or participate in. Bewildering reserves the right to cover any topic and use examples from any industry in their training provided such examples do not break our own confidentiality clause.
Proposals & Quotes
Proposals and quotes are valid for 30 days upon issue. This date may be extended up to several years by special request. Expired proposals must be verified by Bewildering as accurate or a new proposal must be requested.
Invoices & Payments
Bewildering bills projects and services up-front. Payments must be made in full by the due date indicated on the invoice for work to commence on time. Ongoing services are no exception. Payments must be made online using an approved payment method (i.e. Stripe, Paypal, Interac Money Transfer) or by US or Canadian cheque.
Refunds
Refunds must be requested within 30 days of payment. A refund of the remaining balance of the most recent payment, minus cost of services already performed, will be issued within 15 days.
Ownership/ Copyright
All media (images, audio, video) and text provided to Bewildering by the Client for use on the client's website is property of, or is licensed for internet use by the Client.
Bewildering accepts no liability for any media or text provided by the client unlawully. If Bewildering discovers or is notified of any copyright or trademark infringement of any media and/or text provided by the Client, Bewildering reserves the right to immediately take down the offending material with or without notice.
The Client receives full ownership of the end product for all assets created specifically for them. This exludes assets and components owned by a third party such as a JavaScript library or a stock image. In such cases the Client will be provided with a license for the use of the component and its limitations.
Liability
All services provided by Bewildering are provided "as is" and without warranty. Bewildering accepts no liability arising from any direct, indirect, special, punitive, incidental, or consequential damages arising from the use of provided services. This includes, without limitation, lost profits, business interruption, loss of data, or any other losses directly or indirectly resulting in the use of the website, services, or goods provided by Bewildering.
Illegal Activities
Bewildering has zero tolerance for illegal acts of any kind. If Bewildering suspects a client of any illegal activity under local, regional, and federal laws, it reserves the right to report the client to the appropriate authorities without notifying the client. If Bewildering or law enforcement deems a client is taking part any illegal acts, Bewildering reserves the right to suspend any and all accounts that belong to said client with or without notice and assist law enforcement by sharing any and all relevant information as deemed applicable in any related investigations.
Governing Law
This agreement shall be governed by and in accordance to the laws of the Province of British Columbia. Any litigation under this agreement shall be resolved in the trial courts of the City of Vancouver.
Severability
If any provision of this agreement is held unenforceable, then such provision will be modified to reflect the parties intention. All remaining provisions of this agreement shall remain in full force and effect.
Attorneys Fees
In the event of litigation relating to the subject matter of this agreement, the non-prevailing party shall reimburse the prevailing party for all reasonable attorney fees and costs resulting therefrom.
Acceptance
By submitting your first payment you agree to all the terms contained in this document. Bewildering reserves the right to change or update these terms at any time with or without notice.