Effective Date: May 10, 2025 Last Updated: May 30, 2026
Welcome to FusionWebMedia. These Terms and Conditions (“Terms”) govern your access to and use of the website fusionwebmedia.com (the “Site”) and any services we provide (the “Services”). Please read these Terms carefully. By accessing the Site or using our Services, you agree to be bound by them. If you do not agree, please do not use the Site or Services.
In these Terms, “FusionWebMedia,” “we,” “us,” and “our” refer to FusionWebMedia. “You” and “your” refer to the individual or entity accessing the Site or engaging our Services.
1. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a legally binding contract to use the Site or engage our Services. By using the Site, you represent that you meet these requirements.
2. Accounts
If we provide you with a client portal, account, or login credentials, you agree to:
- Provide accurate and current information
- Keep your credentials confidential
- Be responsible for all activity that occurs under your account
- Notify us promptly of any unauthorized access or use
We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being misused.
3. Our Services
FusionWebMedia provides professional web design, development, hosting, and digital marketing services. The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate proposal, statement of work, or written agreement (“Service Agreement”). In the event of a conflict between these Terms and a signed Service Agreement, the Service Agreement controls for that engagement.
We may modify, suspend, or discontinue any part of the Site or Services at any time, with or without notice.
4. Fees and Payment
Unless otherwise stated in a Service Agreement:
- All fees are quoted in Canadian dollars (CAD) and are exclusive of applicable taxes (such as HST/GST), which will be added to invoices where required.
- Deposits or retainers may be required before work begins and are generally non-refundable once work has started.
- Invoices are due within 2 days of the invoice date unless otherwise agreed.
- Late payments may be subject to interest at 1.5% per month (19.56% per annum) and any reasonable costs of collection.
- We may suspend or pause work, or withhold delivery of work product, if invoices are overdue.
Recurring services (such as hosting, maintenance, or retainers) will continue to be billed on the agreed schedule until either party cancels in accordance with the Service Agreement.
5. Client Responsibilities
To enable us to deliver Services effectively, you agree to:
- Provide timely, accurate, and complete information, content, and access (such as logins, brand assets, and approvals)
- Designate a primary point of contact authorized to make decisions
- Respond to requests for feedback or approvals within a reasonable time
- Ensure you have the rights to any content, materials, or assets you provide to us
- Comply with applicable laws and any third-party terms relevant to your project
Delays caused by your failure to meet these responsibilities may extend timelines and may incur additional fees.
6. Intellectual Property
6.1 Our Materials
The Site and its contents, including text, graphics, logos, designs, code, and other materials we create (excluding client deliverables), are owned by FusionWebMedia or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended purpose.
6.2 Client Deliverables
Unless otherwise stated in a Service Agreement, ownership of final deliverables created specifically for you transfers to you upon full payment. Until full payment is received, all deliverables remain the property of FusionWebMedia, and you have no license to use them.
We retain ownership of all underlying tools, frameworks, code libraries, design systems, methodologies, and know-how used to create the deliverables, including any pre-existing materials. We grant you a non-exclusive, perpetual license to use those underlying materials as part of the delivered work.
6.3 Your Content
You retain ownership of all content, materials, and assets you provide to us. You grant us a non-exclusive license to use, reproduce, and modify your content as necessary to perform the Services.
6.4 Portfolio and Promotion
Unless you ask us in writing not to, we may display the work we create for you in our portfolio, case studies, social media, and marketing materials, and reference you as a client.
7. Third-Party Services and Content
The Site or Services may include or link to third-party websites, products, or services (such as hosting, plugins, payment processors, analytics, or marketing platforms). We do not control and are not responsible for third-party services, their terms, or their content. Your use of any third-party service is subject to that provider’s terms and privacy practices.
If a third-party service we recommend or integrate is interrupted, changes its features, or increases its prices, we are not responsible for those changes, but we will work with you on reasonable alternatives.
8. Acceptable Use
You agree not to:
- Use the Site or Services for any unlawful or fraudulent purpose
- Attempt to gain unauthorized access to any part of the Site, our systems, or other users’ accounts
- Interfere with or disrupt the Site or our infrastructure, including through viruses, malware, denial-of-service attacks, or excessive automated requests
- Reverse engineer, decompile, scrape, or copy the Site’s code or content except as expressly permitted
- Misrepresent your identity or affiliation
- Use the Site or Services to send spam or to harass, defame, or harm others
- Upload content that infringes intellectual property rights, violates privacy, or is otherwise unlawful
We may investigate suspected violations and take any action we consider appropriate, including suspending or terminating access.
9. Confidentiality
In the course of our engagement, each party may receive confidential information from the other (such as business plans, customer data, technical information, or pricing). Each party agrees to:
- Use the other party’s confidential information only as needed to perform or receive the Services
- Protect it with at least the same care it uses to protect its own confidential information
- Not disclose it to third parties without consent, except to employees, contractors, or advisors who need to know and are bound by similar obligations
Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law.
10. Disclaimers
The Site and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, FusionWebMedia disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that:
- The Site or Services will be uninterrupted, error-free, or secure
- Defects will be corrected
- The Site or any servers are free of viruses or harmful components
- The results of using the Site or Services will meet your requirements or expectations
Estimates, timelines, projections, and recommendations are provided in good faith but are not guarantees of outcomes (including, for example, marketing results, search rankings, traffic, or revenue).
11. Limitation of Liability
To the maximum extent permitted by law, FusionWebMedia and our directors, officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to these Terms, the Site, or the Services, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or related to these Terms, the Site, or the Services will not exceed the greater of (a) the total fees paid by you to FusionWebMedia in the three (3) months preceding the event giving rise to the claim, or (b) one hundred Canadian dollars (CAD $100).
Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.
12. Indemnification
You agree to defend, indemnify, and hold harmless FusionWebMedia and our directors, officers, employees, contractors, and affiliates from any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
- Your use of the Site or Services
- Your violation of these Terms or any applicable law
- Your infringement of any third-party right, including intellectual property or privacy rights
- Content, materials, or instructions you provide to us
13. Termination
Either party may terminate an engagement as set out in the applicable Service Agreement, or as otherwise permitted by law.
We may suspend or terminate your access to the Site or Services at any time if you violate these Terms, fail to pay fees when due, or for any other reason we consider reasonable. Upon termination, any provisions that by their nature should survive (including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification) will continue to apply.
14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
You agree that any dispute arising out of or related to these Terms, the Site, or the Services will be resolved exclusively in the courts located in Halifax, Nova Scotia, and you consent to the personal jurisdiction of those courts. Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve the dispute through direct discussion for at least thirty (30) days.
15. Force Majeure
Neither party will be liable for any delay or failure to perform its obligations (other than payment obligations) caused by events beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, labor disputes, internet or utility outages, or government actions.
16. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last Updated” date at the top of this page. If the changes are material, we will provide more prominent notice (such as a banner on the Site or an email). Your continued use of the Site or Services after the changes take effect constitutes acceptance of the updated Terms.
17. General
- Entire agreement. These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and FusionWebMedia regarding the Site and Services.
- Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Notices. Notices to us should be sent to the contact information below. Notices to you may be sent to the email address or contact details associated with your account or engagement.
- Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
18. Contact Us
If you have questions about these Terms, please contact us at:
FusionWebMedia Email: hello@fusionwebmedia.com