Terms of Service

1. Acceptance of Terms

By accessing or using AZ Media's website (the "Site") and services (the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and AZ Media, operating in Calgary, Alberta, Canada.

2. Services Description

AZ Media provides digital marketing, web development, branding, and related services to businesses. Our Services include but are not limited to:

• Website design and development
• Digital marketing and advertising campaigns
• Brand identity and graphic design
• Social media management and marketing
• Search engine optimization (SEO)
• Content creation and strategy
• E-commerce solutions
• Consulting and strategy services

Specific service details, deliverables, timelines, and pricing will be outlined in individual service agreements or proposals.

3. User Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement and have the authority to enter into these Terms on behalf of yourself or your organization.

4. Service Agreements and Proposals

When you engage our Services, we will provide you with a detailed proposal or service agreement that includes:

• Scope of work and deliverables
• Project timelines and milestones
• Pricing and payment terms
• Responsibilities of both parties
• Specific terms related to the project

In the event of any conflict between these Terms and a specific service agreement, the service agreement will take precedence.

5. Payment Terms

Fees and Pricing

All fees are quoted in Canadian Dollars (CAD) unless otherwise specified. Pricing is subject to change with prior notice, but will not affect projects with signed agreements.

Payment Schedule

Payment terms will be specified in your service agreement. Common payment structures include:

• Initial deposit upon project commencement (typically 30-50%)
• Milestone payments at specified project stages
• Final payment upon project completion
• Monthly retainer fees for ongoing services

Late Payments

Invoices are due within the timeframe specified in your agreement (typically 15-30 days). Late payments may incur:

• Interest charges at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by law
• Suspension of services until payment is received
• Collection costs and legal fees

Taxes

All fees are exclusive of applicable federal and provincial taxes (GST/HST/PST). Taxes will be added to invoices as required by Canadian tax law.

6. Client Responsibilities

To ensure successful project completion, you agree to:

• Provide timely feedback, approvals, and necessary information
• Supply required content, images, and materials in appropriate formats
• Grant necessary access to accounts, platforms, and systems
• Respond to communications within reasonable timeframes
• Ensure all provided materials do not infringe on third-party rights
• Maintain appropriate licenses for any software or tools we implement

Delays caused by client non-responsiveness or failure to provide required materials may result in timeline extensions and potential additional fees.

7. Intellectual Property Rights

Client-Owned Materials

You retain ownership of all materials, content, and information you provide to us.

Work Product

Upon full payment, you will own the final deliverables specifically created for you as part of our services. This includes:

• Custom website designs and code
• Original logos and brand assets
• Custom graphics and creative materials
• Content written specifically for your project

AZ Media Property

AZ Media retains ownership of:

• Pre-existing intellectual property, tools, and methodologies
• Templates, frameworks, and code libraries
• Design concepts not selected or implemented
• Draft work and preliminary materials

Third-Party Materials

Any third-party materials (stock photos, fonts, plugins, etc.) used in your project are subject to their respective licenses, which you must maintain.

Portfolio Rights

We reserve the right to display completed projects in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of our engagement. This obligation continues for a period of two (2) years following the termination of services, unless otherwise specified in a separate non-disclosure agreement.

9. Warranties and Disclaimers

Our Warranties

AZ Media warrants that:

• Services will be performed in a professional and workmanlike manner
• We have the right to provide the services
• Our work will not infringe on third-party intellectual property rights

Disclaimers

Except as expressly stated in these Terms or a service agreement:

• Services are provided "as is" without warranties of any kind
• We do not guarantee specific results, rankings, traffic, or revenue
• We are not responsible for third-party platform changes or policies
• Website performance may vary based on hosting, traffic, and other factors beyond our control

10. Limitation of Liability

To the maximum extent permitted by applicable law, AZ Media's total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold harmless AZ Media, its employees, contractors, and affiliates from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your use of our services; (b) materials or content you provide; (c) your violation of these Terms; or (d) your violation of any third-party rights.

12. Project Changes and Scope Creep

Changes to the agreed scope of work may be requested through a formal change request process. Additional work outside the original scope will be subject to additional fees and timeline adjustments, which will be communicated and agreed upon before implementation.

13. Termination

Termination by Client

You may terminate services with written notice. In the event of termination:

• You are responsible for payment of all work completed to date
• You may be charged a cancellation fee as specified in your agreement
• Deposits are generally non-refundable
• You will receive deliverables completed up to the termination date upon full payment

Termination by AZ Media

We reserve the right to terminate services if:

• Payment is not received according to agreed terms
• You breach these Terms or your service agreement
• You engage in abusive, threatening, or inappropriate behavior
• Continued collaboration is not feasible

14. Support and Maintenance

Unless otherwise specified in your service agreement, our services do not include ongoing support or maintenance after project completion. Post-launch support, website maintenance, hosting, and updates can be arranged through separate agreements.

15. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from these Terms or our services shall be resolved through good faith negotiation. If negotiation fails, disputes shall be subject to the exclusive jurisdiction of the courts of Alberta, Canada.

17. Entire Agreement

These Terms, together with any service agreements, proposals, or other documents referenced herein, constitute the entire agreement between you and AZ Media regarding the use of our services and supersede all prior agreements and understandings.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting an updated version on our website with a new "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

20. Contact Information

If you have any questions or concerns regarding these Terms, please contact us: