Terms of Service
Fair, clear terms for working together. No legalese, no gotchas, just an honest agreement that protects both of us.
Last updated: June 8, 2026
These terms outline how we work together at Kootenay Made Digital. We have written them to be clear and fair, because that is how we do business. By hiring us, you are agreeing to these terms.
What We Do
Kootenay Made Digital provides custom web design (Trailhead, Engine, and Empire builds), Shopify and ecommerce store setup, brand identity, email marketing, OpenClaw AI assistant and operator setups, monthly website support, local SEO, print-on-demand, a free website scan tool, and related digital services for small businesses and organizations. We are based in Castlegar, BC, and primarily serve the West Kootenay region, though we work with clients across BC, Canada, and remotely.
When you hire us, we will agree on the scope of work before anything starts. That scope, along with these terms, forms our working agreement. If the scope and these terms ever conflict, the signed scope or proposal for your project takes priority for that project.
Payment Terms
How payment works
For projects under $2,000: full payment is due upfront before work begins. For projects $2,000 and above: 50% deposit before work begins, with the remaining 50% due upon your approval of the final design, before we launch.
Payment methods
We accept credit card payments through Stripe, Interac e-Transfer, and cryptocurrency through goBlink.
Cryptocurrency payments
Cryptocurrency payments are processed through goBlink and are priced at the Canadian dollar equivalent at the time of payment. Crypto transactions are final and cannot be reversed once confirmed on the network. You are responsible for any network or processing fees. Where a refund applies under these terms, it will be issued in Canadian dollars, not cryptocurrency.
Applicable taxes
All public prices, quotes, and package rates are before applicable GST and HST unless we clearly say otherwise. Tax is added to invoices where required by law.
Late payments
If a final payment is overdue by more than 14 days, we may pause work on the project until payment is received. We will always reach out to discuss the situation first. Things happen, and we would rather work it out than make it awkward.
Kootenay neighbours discount
We offer a 10% discount for businesses based in the Kootenay region. This is applied to the project total at invoicing.
Project Timelines
We will give you an estimated timeline when we start your project. These are honest estimates based on the scope of work, but they are not hard guarantees. Sometimes things take longer than expected. Complex features, third-party delays, or unforeseen technical challenges can all extend a timeline.
Timelines also depend on your responsiveness. When we need your feedback, content, or approvals, delays on your end can push the project back. We will always communicate clearly about where things stand.
Revisions
We offer unlimited revisions within the agreed scope of your project. We keep going until you love it. That is the deal.
That said, revisions means refining and improving the agreed-upon design. If you want to fundamentally change direction, like scrapping an approved design and starting from scratch, or adding major new features that were not in the original scope, that is a scope change. We will discuss it with you, provide a fair quote for the additional work, and only proceed once you agree.
Intellectual Property
After final payment
Once you have paid in full, you own everything we built specifically for you. The website code, the design files, and the brand assets are all yours. Your domain, your hosting, your code. We do not hold anything hostage.
Before final payment
Until final payment is received, Kootenay Made Digital retains ownership of all project deliverables. This protects both of us.
Tools, frameworks, and know-how
We may reuse general tools, code patterns, frameworks, and know-how that are not specific to your project on other work. You own your custom build and brand; we keep our general toolkit.
Third-party assets
If your project uses licensed stock photos, fonts, plugins, or other third-party assets, those remain subject to their original licenses. We will make sure you know about any such assets and their terms.
Content You Provide
You are responsible for the content and materials you give us: text, images, logos, products, descriptions, testimonials, and anything else used in your project.
By providing them, you confirm that you own them or have the right to use them, that they are accurate, and that they do not infringe anyone copyright, trademark, privacy, or other rights, and do not break any law. If a third party brings a claim about content you provided, that is your responsibility, as described in the indemnification section below.
Your Responsibilities
To deliver great work, we need your help. Here is what we ask:
• Provide the content, images, and materials we need in a timely manner • Give clear, timely feedback when we share designs or ask questions • Ensure the information you provide is accurate (business details, product info, and so on) • Let us know about any deadlines or launch dates upfront • Designate one person as the main point of contact for the project
We are flexible and understanding. Life gets busy. But consistent communication makes for better projects and faster turnarounds.
Your Legal Compliance
We build the tools. You run the business. You are responsible for your own legal obligations, including but not limited to:
• Consent and anti-spam rules for any email or messaging you send, under Canada CASL • Accessibility obligations that apply to your organization • The accuracy and legality of your products, services, prices, and claims • Collecting and remitting any applicable taxes • The privacy of your own customers and any data you collect through your site • Any licenses, permits, registrations, or industry or professional rules that apply to your business
We build to good modern standards and we are happy to point things out, but we are not your lawyer, accountant, or compliance officer. If your industry has specific legal requirements, please confirm them with a qualified professional.
AI Tools and OpenClaw
Our OpenClaw AI assistant and operator setups configure AI tools around your business context, knowledge, and workflows.
AI can be useful, but it can also make mistakes, produce inaccurate or incomplete output, and behave unpredictably. AI output is a starting point, not a guaranteed result. You are responsible for reviewing AI output before you rely on it, publish it, or act on it, especially for anything involving money, legal matters, health, safety, or customer communication.
AI setups may rely on third-party AI providers that have their own terms and limits. We are not responsible for those providers, their availability, their pricing, or their changes, and we are not liable for decisions you or your team make using AI tools. You are responsible for using them appropriately, legally, and ethically.
No Guarantee of Results
We build with performance, SEO, accessibility, and conversion in mind, and we apply current best practices. We do not, and cannot, guarantee specific results.
That includes search rankings, traffic, leads, sales, revenue, or any particular position on Google or in AI search. SEO and marketing outcomes depend on many factors outside our control, including search engine algorithms, competition, your market, your pricing, and how you operate your business. Anyone who guarantees a number one ranking is not being honest with you.
We are proud of our work and we stand behind the quality of the build. We do not promise business outcomes.
Third-Party Services and Platforms
Your project may rely on third-party services and platforms, including Stripe, goBlink, Shopify, Google, Vercel, Supabase, email providers, domain registrars, and others.
These services have their own terms, pricing, uptime, and policies, which can change. We are not responsible for their outages, changes, fee increases, account decisions, or discontinuation. We will help you navigate issues where we reasonably can, but the relationship and any fees between you and those providers are yours, including ongoing hosting and domain costs after launch.
Cancellation and Refunds
If we have not started yet
If you cancel before any design or development work has begun, you will receive a full refund of your deposit.
If work has already started
Once design or development work has begun, the deposit is non-refundable. It covers the time and effort already invested. If you have paid more than the deposit, we will refund any amount beyond the value of work completed.
If we need to cancel
In the unlikely event that we need to cancel a project, we will refund any payment for work not yet delivered.
Post-Launch Polish and Warranty
After final sign-off and launch, you get 3 business days of launch polish for small fixes we missed together: typos, tiny content swaps, broken links, or minor display issues.
Bugs from our build are covered for 14 days. That covers technical issues, not redesigns, new features, ongoing content changes, or new sections. Those fall under hourly support, a monthly retainer, or a new project.
Limitation of Liability
We take our work seriously and stand behind what we build. That said, our total liability for any claim related to our services is limited to the total amount you paid us for the project in question.
We are not liable for indirect, incidental, or consequential damages, including lost revenue, lost profits, lost data, or business interruptions, though we will always do our best to help resolve any issues that come up.
Except for the launch polish and bug warranty described above, our services and deliverables are provided as is, without other warranties of any kind, whether express or implied. Nothing in these terms removes any rights you have under applicable consumer protection law that cannot be waived.
Indemnification
You agree to indemnify and hold harmless Kootenay Made Digital, and the people who work with us, from any claims, damages, losses, or costs (including reasonable legal fees) that arise from your content, your products or services, how you operate your business or your website after launch, your use of AI or other tools we set up, or your failure to meet your own legal obligations.
In plain English: if someone brings a claim because of something you provided, sold, said, or did, that is your responsibility, not ours.
Monthly Retainers
We offer ongoing monthly support plans for clients who want continued help:
• Essentials: $150 per month • Growth: $300 per month
Retainers can be cancelled anytime with 30 days notice. No long-term contracts, no cancellation fees. If you cancel mid-month, your service continues through the end of that billing period.
Client Accounts and Lodge
Some services include access to the Neighbours Lodge, guides, support area, or community features.
If you receive an account, you are responsible for keeping your login details secure and for the activity that happens under your account. Please use those areas respectfully. We may suspend or remove access if an account is abused, used to harass others, or used in a way that threatens the security or availability of the service.
Portfolio Rights
We love showcasing the work we do. Unless you tell us otherwise, we may feature your completed project in our portfolio, on social media, or in case studies.
If you would prefer to keep your project private, just let us know. We will respect that completely, no questions asked.
Governing Law
These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any disputes will be resolved in the courts of British Columbia.
Neither of us is responsible for delays or failures caused by events beyond reasonable control, such as outages, natural events, or third-party service failures.
But honestly, if there is ever a disagreement, we would much rather grab a coffee and talk it through.
Changes to These Terms
We may update these terms from time to time. When we do, we will update the last updated date at the top of this page. For active projects, the terms in effect at the time of our agreement apply.
Questions?
If anything here is unclear, or if you want to discuss any of these terms before starting a project, reach out:
Kootenay Made Digital Castlegar, BC, Canada hello@kootenaymade.ca
We are real people, and we are happy to talk through anything.
Ready to start a project? Let us talk. No commitment, just a conversation.