Terms of Use

Your use of the Intoria Inc's service(s) signifies your acceptance of Intoria Inc.'s terms and conditions of service provision. If you do not wish to be bound by Intoria Inc.'s terms and conditions of service provision, you may not use the service(s) offered. Intoria Inc. approaches all client contracts with a long-term perspective and may at its discretion change the terms and conditions at some point for future projects. It is your responsibility to review these terms from time to time so you will be apprised of any change.

Web Services

In consideration of the Client retaining Intoria Inc. for the specific project of developing and/or improving a website on the World Wide Web, the parties agree:

1. Payment of Fees. Fees to Intoria Inc. are due and payable on the following schedule: 40% upon signing the initial contract, 30% upon approval of Project design, and the final 30% when the Project has been approved and delivered according to the Client's original written specifications and/or scoping document. The final Project will be published to the Client's hosting service and/or delivered via diskette (promptly at the client's request) upon the receipt of full payment. Initial projects may be subject to a retainer. All prices are subject to applicable taxes.
   
   Payments must be made promptly, based on the terms of the Project. Delinquent invoices will be assessed a 2% charge if payment is not received within 15 days of the due date. If an amount remains delinquent after its due date, an additional 2% penalty will be added for each month of delinquency. Intoria Inc. reserves the right to remove the Project from viewing on the Internet until final payment is made. If Intoria Inc. brings action to collect any sums due under this Agreement, it shall be entitled to collect, in addition to all damages, its costs of collection, including reasonable attorney's fees.
   
   This Agreement becomes effective only when signed by both parties. Regardless of the place of signing of this Agreement, the Client agrees that for purposes of venue, this contract was entered into in Alberta, Canada, any dispute will be litigated or arbitrated in Alberta, Canada and is governed by the laws of the province of Alberta, Canada.
   
2. Refund Policy. If the Client halts work and applies by registered letter for a refund within forty-five (45) days, to the Director of Intoria Inc., 626 Elbow Drive SW, Calgary, Alberta, T2S 2H7, work completed shall be invoiced at the hourly rate stated under section 3, Maintenance Period and Hourly Rate, below, and deducted from the initial payment, the balance of which shall be returned to the Client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable for charges relating to all work completed at the hourly rate stated below. No portion of the initial deposit will be refunded unless written application is made within 45 days of signing this contract.
   
3. Maintenance Period and Hourly Rate. Changes requested by the Client will be invoiced at the hourly rate of $95. This rate shall also govern additional work authorized beyond the maximums specified within the Website Quotation for such services as webpage design, marketing consulting, editing, modifying product pages and databases in an online store, art, photo, and graphics services, general Internet orientation education and instructing the Client in the use of its own webpage editor. If the Client or an agent other than Intoria Inc. attempts to update the Client's pages, time for Intoria Inc. to repair webpages will be assessed at the hourly rate, and is not included as part of the updating time.
   
4. Changes to Submitted Text. The Client may be required to electronically provide Intoria Inc. with its final text. Time required to make substantive changes to Client-submitted text after the webpages have been constructed will be additional, invoiced at the hourly rate mentioned in section 3.
   
5. Authorization. The Client understands that any web hosting services require a separate contract with a web hosting service. If the web host is chosen by the client, the Client agrees to select a web hosting service which allows Intoria Inc. full access to the website and directories via FTP. The Client hereby authorizes Intoria Inc. to access this account, and authorizes the web hosting service to provide Intoria Inc. with full access to the Client's account, and any other programs needed for this Project. The Client also authorizes Intoria Inc. to publicize its completed Project to Web search engines, as well as other Web directories and indexes.
   
6. Timely Completion. Intoria Inc. and the Client must work together to complete the website in a timely manner. If the Client does not supply Intoria Inc. with complete text and graphics content for this Project within forty-five (45) days of the effective date, this Agreement, the entire deposit amount of the Agreement shall be retained by Intoria Inc. and the contract shall become null and void, at Intoria Inc.'s option, unless the Project is cancelled in writing by the Client prior to forty-five (45) days of the effective date of the Agreement.
   
   Key decisions (as indicated in writing by your designated project manager) must be made within a 48-hour time period. Failure to do so may result in forfeiture of the Project's allotted production time slot and may require the renegotiation of timelines.
   
   Intoria Inc. reserves the right to assign subcontractors to this Project at its own discretion for the completion of specific tasks relating to the Project.
   
7. Confidentiality and Non-Disclosure. Intoria Inc. recognizes and acknowledges that this Agreement creates a confidential relationship between Intoria Inc. and Client, and that information concerning Client's business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, whether written, oral or otherwise expressed, is confidential in nature. Intoria Inc. will guard as confidential all information concerning the affairs of the Client that is gathered during the course of the Assignment. We agree to hold such information in strict confidence, and not to disclose it to anyone for a period of five (5) years or until the information is released by the Client. Information recognized as permanently confidential such as, but not limited to, Social Insurance Numbers, Privacy Information, and the like will never be released by Intoria Inc. Intoria Inc. further agrees to bind its employees and subcontractors to the terms and conditions of this Agreement. The Client will not use, commercialize, or disclose any confidential information including, but not limited to, Project quotation details and pricing, to any person or entity except as specifically approved by Intoria Inc. in writing.
   
8. Copyrights and Trademarks. The Client represents to Intoria Inc. and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Intoria Inc. for inclusion in webpages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Intoria Inc. and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
   
9. Copyright to Webpages. Upon final payment of this contract, copyright to the finished page content and graphic elements produced by Intoria Inc. is owned by the Client and complete access to all of the necessary files, code and processes to maintain and operate the website will be provided to the client, specifically to support the backend architecture of the website. Rights to source code, work-up files, and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Intoria Inc. and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios. Intoria Inc. may at its own discretion place its logo and/or a link to www.intoria.com on the Client's site in a discrete fashion.
   
10. Laws Affecting Electronic Commerce. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Intoria Inc. and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client's exercise of Internet electronic commerce.
    
11. Limitation of Liability. Intoria Inc. does not warrant that the functions contained in these webpages or the Internet website will meet the Client's requirements or that the operation of the webpages, email systems, domain registry services and/or web hosting services will be uninterrupted or error-free. The Client assumes the entire risk as to the quality and performance of the webpages and website. In no event will Intoria Inc. be liable to the Client or any third party for any damages (general, special, consequential, or otherwise), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data, or other loss, arising directly or indirectly out of or in connection with this Agreement or the provision, whether negligent or otherwise, which would otherwise give rise to a cause of action in contract, tort, or any other doctrine of law, even if Intoria Inc. has been advised of the possibility of such damages.
    
    Intoria Inc. reserves the right to refuse to create or maintain any site that is to contain, link to, or promote illegal or offensive materials. These materials may include but are not limited to pornography or other "adult" materials, hate propaganda, and illegal or pirated software. Intoria Inc. reserves the right to determine what content falls under this category. Intoria Inc. reserves the right to refuse, cancel, or suspend service at our sole discretion.
    
    If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
    
12. Entire Agreement and Notice. This Agreement contains the entire understanding of the parties and may not be amended without the specific written consent of both parties. Any additional work not specified in this contract must be authorized by a written change order. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail.

Intoria Inc. reserves the right to change/update policy, services, and prices without liability. If you have any questions regarding Intoria Inc. Terms and Conditions please contact us by phone 403-726-0008, or e-mail mailbox@intoria.com .