Lexabi Communications Inc. Terms & Conditions

Welcome to Lexabi Communications Inc. (“we,” “our,” or “us”). By engaging our services, you (“client,” “you,” or “your”) agree to comply with and be bound by the following Terms & Conditions. Please read them carefully.

Definitions:

  • “Services“: Refers to all offerings provided by Lexabi Communications Inc., including but not limited to social media management, email marketing, and web design.
  • “Content“: Any materials, including text, images, videos, and graphics, created or shared on behalf of the client.

Scope of Services:

We offer a range of digital marketing services, including social media management, email marketing, and web design. Specific deliverables and timelines will be outlined in individual service agreements.

Services Provided
Lexabi Communications Inc. offers a wide range of services tailored to meet the needs of our clients. The following services are included as part of our standard offering:

  • Web Design and Development: Includes website design, user experience (UX) design, coding, integration with third-party systems, and content management system (CMS) setup. Customization and modification of templates or themes will be outlined as per client needs.
  • Social Media Management: Includes the creation and management of social media profiles, posting content, engaging with followers, and basic analytics reporting.
  • Content Creation: Includes writing, editing, and publishing digital content, such as blog posts, social media updates, newsletters, and video content (e.g., short videos for social media).
  • Graphic Design Services: Includes the creation of digital graphics for use in online and print media, including logos, banners, infographics, social media graphics, print advertisements, and marketing collateral
  • Email Marketing: Includes the creation, design, and distribution of email newsletters and campaigns, as well as basic performance reporting.
  • Consultation Services: Provides strategy consultations, technical advice, brand management, and recommendations related to marketing, digital platforms, and technology solutions.

Service Limitations and Exclusions
While Lexabi Communications Inc. provides comprehensive services in the areas above, there are certain limitations or exclusions that clients should be aware of:

  • Hosting Services: Lexabi Communications Inc. does not provide web hosting or email hosting services. Clients are required to secure their own hosting provider and must ensure that all hosting services meet the technical requirements necessary for their website or digital media.
  • Ongoing Maintenance: While we offer website and content creation services, routine maintenance and updates outside of the project scope are not included unless specifically outlined in the agreement. Clients can opt for additional maintenance services at a separate cost.
  • Third-Party Tools and Software: Lexabi Communications Inc. may recommend third-party tools (e.g., CRM systems, social media platforms, analytics tools) but is not responsible for their setup, licensing, or performance. Clients are responsible for any costs or fees associated with these third-party services.
  • Content Ownership: Lexabi Communications Inc. provides a license for the use of created content within the scope of the project but does not grant exclusive or perpetual ownership unless explicitly stated in the contract.
  • SEO and SEM Results: While we offer search engine optimization (SEO) services, we do not guarantee specific search engine rankings, as these are dependent on various factors outside our control, including search engine algorithms and competition.
  • Video Production: The video services we provide are typically limited to short, social-media-friendly clips. Any long-form or extensive video production services, including videos for platforms like YouTube, are excluded unless specified in a separate agreement.
  • Legal and Regulatory Compliance: Lexabi Communications Inc. will ensure that all content and materials meet industry best practices and general legal standards. However, the client is responsible for ensuring that all materials provided, including content, images, and media, comply with relevant copyright, trademark, and data protection laws.

Client Responsibilities and Expectations

  • Accurate and Timely Information: The client is responsible for providing all necessary information, assets, and approvals in a timely manner. Delays in providing this information may lead to project delays or additional charges.
  • Access and Cooperation: The client must grant appropriate access to any third-party systems, platforms, or tools necessary to complete the work (e.g., social media accounts, website hosting accounts).
  • Feedback and Approvals: The client is expected to provide timely feedback and approvals for work produced during the project. Any delays in the approval process may affect the project timeline.

Changes to Scope

  • Additional Requests: Any work beyond the original scope of services, such as additional features, revisions, or extensions, will be subject to additional fees and may require a change order or addendum to the original contract.
  • Amendments and Revisions: If the client requests substantial revisions after the initial concept has been approved, additional charges may apply. These revisions will be considered separate from the agreed-upon project and billed accordingly.

Exclusion of Certain Services

  • Legal, Tax, or Financial Advice: Lexabi Communications Inc. does not provide legal, tax, or financial consulting services. Clients should consult with legal, tax, or financial professionals for advice on matters related to intellectual property, contracts, or compliance.
  • Printing and Physical Goods: Lexabi Communications Inc. does not manage the production or distribution of physical marketing materials, such as printed brochures, business cards, or promotional items unless explicitly agreed upon in a separate contract.

Permissible Use of Services:

All services provided by Lexabi Communications Inc. must be used solely for lawful purposes. Any transmission, storage, or presentation of information, data, or material that violates applicable Federal, State, Provincial, or Municipal laws is strictly prohibited. This includes, but is not limited to:

  • Copyrighted material used without authorization.
  • Content deemed threatening, obscene, or otherwise objectionable.
  • Material protected by trade secret, statute, or that infringes on privacy rights

Clients agree to indemnify and hold Lexabi Communications Inc. harmless against any claims, liabilities, or damages arising from the misuse of our services, including those that result in harm to the client or any third party.

Website Development and Hosting Disclaimer:

When Lexabi Communications Inc. develops a website for a client, the company may facilitate domain transfers, host migration, or other related technical arrangements to ensure the website’s functionality. However, Lexabi Communications Inc. does not provide hosting services and is not responsible for ongoing technical support or troubleshooting for hosting-related issues.

Key Terms:

  • Facilitation Services:
    Lexabi Communications Inc. assists in coordinating the transfer of domains, hosting accounts, and other necessary setup procedures on behalf of the client.
    All such activities are performed as a courtesy and do not constitute an ongoing service or guarantee of technical expertise.
  • Third-Party Hosting Providers:
    Clients are required to engage a third-party hosting provider for hosting services.
    Any additional support fees or charges imposed by the chosen hosting provider are the sole responsibility of the client.
  • Additional Fees:
    If the transfer or setup process requires additional time or effort beyond the scope of the initial agreement, Lexabi Communications Inc. reserves the right to charge additional fees for such services.
    Clients will be informed of any extra charges in advance, and services will proceed upon mutual agreement.
  • Limitation of Liability:
    Lexabi Communications Inc. is not liable for any downtime, data loss, or technical issues arising from the client’s hosting provider.
    The client is responsible for liaising directly with their hosting provider for ongoing support and maintenance.

Compliance with Hosting and Technical Requirements:

Third-Party Hosting Provider

  • Clients are required to engage a third-party hosting provider for website hosting services, as Lexabi Communications Inc. does not directly provide hosting services.
  • Lexabi Communications Inc. may recommend hosting providers based on project needs but is not responsible for the performance, uptime, security, or policies of the chosen hosting provider.

Responsibility for Hosting Fees

  • Clients are solely responsible for any fees, charges, or costs associated with the third-party hosting provider, including but not limited to initial setup, monthly or annual hosting fees, domain name registration, and renewal charges.
  • Any changes to hosting plans or service agreements with the hosting provider are the client’s responsibility to manage and finance.

Technical Setups and Additional Support

  • While Lexabi Communications Inc. will assist with the initial setup and transfer of website files as part of the agreed-upon services, any additional work required beyond the scope of the initial agreement—such as troubleshooting, migrating to a new hosting provider, or configuring advanced hosting features—may incur extra charges.
  • Clients will be informed of these additional charges in advance, and services will only proceed upon mutual agreement.

Limitations of Liability

  • Lexabi Communications Inc. is not liable for any hosting-related issues, including but not limited to downtime, data loss, security breaches, email disconnect, or technical failures caused by the third-party hosting provider.
  • Clients are encouraged to select reputable hosting providers and to regularly back up their websites to mitigate potential risks

Maintenance and Updates

  • Ongoing website maintenance, updates, and security patches are not included in the hosting setup services unless explicitly agreed upon in the project scope.
  • Clients are responsible for ensuring their website remains updated and functional. Lexabi Communications Inc. may provide maintenance services as an additional offering under a separate agreement.

Client Cooperation

  • Clients must provide timely access to hosting accounts, control panels, or other necessary systems to enable Lexabi Communications Inc. to complete the initial setup or provide requested support.
  • Delays in granting access or incomplete information may result in project delays or additional charges.

Video Production Disclaimer:

Proposals containing video production (including video shorts) are intended solely for use on social media platforms unless otherwise specified in writing. The videos created by Lexabi Communications Inc. will utilize either pre-approved material provided by the client or stock footage obtained from reputable and legally authorized sources. These videos are typically short-form, ranging from approximately 4 to 20 seconds in duration, and are optimized for social media use.

The creation of extended or long-form videos, such as those intended for YouTube, websites, or other platforms requiring higher production value, is not included in standard video production services unless explicitly agreed upon in the proposal or contract.

Client Responsibilities:

As a client of Lexabi Communications Inc., you agree to the following responsibilities to ensure the successful delivery of our services:

Compliance with Applicable Laws
The client is solely responsible for ensuring that all data, content, or materials provided to Lexabi Communications Inc. comply with all applicable laws, regulations, and industry standards, including but not limited to data protection, privacy, copyright, trademark, and intellectual property laws.

Obtaining Necessary Consents
The client must obtain any required consents, permissions, or authorizations from individuals or entities whose personal data, likeness, or intellectual property is included in the materials shared with Lexabi Communications Inc. This includes but is not limited to:

  • Consent for the use of personal information (e.g., names, email addresses) in compliance with privacy laws such as GDPR, CCPA, PIPEDA, or CASL.
  • Consent for the use of photographs, videos, or other media featuring identifiable individuals.
  • Authorization for the use of third-party intellectual property, such as logos, brand assets, or copyrighted material.

Accuracy and Completeness
The client is responsible for providing accurate, complete, and timely information, materials, and instructions necessary for the performance of the services. Lexabi Communications Inc. is not liable for delays, errors, or deficiencies caused by incomplete or inaccurate client submissions.

Review and Approval
The client agrees to review and approve all drafts, proofs, or materials provided by Lexabi Communications Inc. before publication or distribution. The client assumes full responsibility for the final approval of all content, including compliance with applicable laws and regulations.

Timeley Feedback and Approvals

      • The client agrees to review deliverables promptly and provide constructive feedback or approvals within agreed-upon timeframes to avoid project delays.
      • For long-term clients with established trust, Lexabi Communications Inc. may, at its discretion, publish content without prior approval to ensure timely and efficient execution of ongoing projects.
      • The client acknowledges and agrees that they are fully responsible for reviewing all published content and ensuring its compliance with applicable laws, regulations, and their brand guidelines.
      • Final approval of content remains the client’s sole responsibility, regardless of whether the content was reviewed before publication

Third-Party Content and Permissions
If the client provides third-party content for use in any project, it is their responsibility to ensure that all required licenses, rights, or permissions have been obtained. Lexabi Communications Inc. is not responsible for verifying the legality of third-party content provided by the client.

Access and Cooperation
Grant necessary access to relevant systems, accounts, or personnel as required for the completion of services. Respond promptly to reasonable requests for information, consents, or authorizations to facilitate project execution

Legal Violations and Indemnity
The client agrees to indemnify and hold Lexabi Communications Inc. harmless from any claims, damages, liabilities, costs, or expenses (including legal fees) arising from the use of content or data provided by the client that violates any applicable laws, regulations, or third-party rights.

Ongoing Obligations
The client acknowledges that their responsibility for compliance extends throughout the duration of their engagement with Lexabi Communications Inc., including any subsequent updates or changes to the content or data provided.

Content Ownership and Liability
All content created by Lexabi Communications Inc. on behalf of the client using client-provided data is considered the property of the client. The client assumes full liability for how this content is used, shared, or distributed.

Termination or Modification of Services:

Clients are required to provide a minimum of thirty (30) days’ written notice to Lexabi Communications Inc. to request any changes to, or termination of, packaged services and associated monthly fees. Failure to provide such notice will result in the continuation of the agreed-upon services and fees until the notice period is fulfilled.

Payment Terms:

Invoices and Payment Due Date:

  • Lexabi Communications Inc. will issue invoices for services rendered according to the terms outlined in the applicable agreement.
  • All invoices are due and payable within thirty (30) calendar days from the invoice date, unless otherwise specified in writing.

Late Payments:

  • Any amounts not paid by the due date will incur a late fee of 2% per month or the maximum rate allowed by applicable law, whichever is less.
  • Clients acknowledge and agree that if payment is not received within 30 days of the due date, Lexabi Communications Inc. reserves the right to suspend or terminate services until the outstanding balance is paid in full.

Disputed Charges:

  • If the client disputes any charge on an invoice, the client must notify Lexabi Communications Inc. in writing within ten (10) business days of the invoice date, providing details of the dispute.
  • Failure to dispute any charge within this period will be deemed acceptance of the invoiced amount.

Collection Costs:

  • In the event that any payment is not received by the due date, and Lexabi Communications Inc. is required to initiate collection procedures, the client agrees to reimburse all costs incurred by Lexabi Communications Inc., including but not limited to attorney’s fees, collection agency fees, and court costs.

Payment Methods:

  • Payments may be made via bank transfer (eTransfer), credit card or cheque per invoice information.
  • Lexabi Communications Inc. reserves the right to change or update payment methods at its discretion, with prior notice to the client.

Taxes – The client is responsible for paying any applicable taxes, levies, or duties imposed by any governmental authority in connection with the services provided, excluding taxes based on Lexabi Communications Inc.’s income.

Social Media Advertising Charges:

The client acknowledges and agrees that any fees charged by social media platforms for advertising (e.g., Facebook, Instagram, LinkedIn, etc.) are billed directly by the respective platform and must be paid by the client through their credit card or payment method on file with the platform account. Lexabi Communications Inc. is not responsible for the collection or processing of these advertising fees.

Lexabi Communications Inc. charges separately for its services, including but not limited to the creation, management, and optimization of advertising campaigns. These charges for services are independent of, and in addition to, any advertising fees charged by the social media platforms. The client is solely responsible for managing and paying the advertising fees directly to the platform.

Intellectual Property Rights:

Ownership of Content:

  • All content created by Lexabi Communications Inc. during the engagement, including but not limited to text, designs, graphics, and other deliverables, remains the intellectual property of Lexabi Communications Inc. until full payment is received. Upon full payment, ownership of the created content will transfer to the client, subject to any applicable licenses or restrictions.
  • Lexabi Communications Inc. grants the client a non-exclusive, royalty-free license to use the content for the specific purposes outlined in the agreement, unless otherwise stated.

License to Use Content

  • After ownership is transferred, the client is granted a license to use the content for the scope of the project as described in the agreement. Any other use outside the agreed scope will require prior written consent from Lexabi Communications Inc.

Retention of Rights for Promotional Use:

  • Lexabi Communications Inc. reserves the right to use any created content for promotional purposes, including showcasing it on the company’s website, social media platforms, or in marketing materials, unless otherwise agreed in writing by the client. This includes, but is not limited to, use for portfolio or advertising purposes

Third-Party Materials:

  • Lexabi Communications Inc. uses authorized graphics, videos, and other media from trusted sources. However, if the client requests or provides specific third-party materials (e.g., images, video footage, or other media) for use in any project, Lexabi Communications Inc. will not be held responsible for any legal issues, copyright infringement, or licensing disputes related to such materials. The client is fully responsible for ensuring the proper rights, licenses, and permissions for any third-party materials they request to be used.
  • Any third-party materials (e.g., stock images, fonts, video or software) used in the creation of the client’s content remain the property of their respective owners. The client is responsible for obtaining any necessary licenses for the use of such third-party materials and ensuring compliance with all applicable laws.

Client Responsibilities for Published Materials:

  • The client assumes full responsibility for the approval and final publication of all materials, including text, graphics, and any other content. Proofreading of all published materials is strongly recommended to ensure accuracy and correctness.
  • Clients are 100% responsible for ensuring they have the proper rights to imagery, content, copyright, trademarks, and any necessary licensing agreements for artwork.
  • Once content has been produced and sent to the client for proofing, Lexabi Communications Inc. will no longer bear responsibility for any errors or issues that arise thereafter. This includes, but is not limited to, text or graphical errors, omissions, broken links, missing content or pages, copyright infringement, plagiarism, image or copy theft, and any other error, omission, or inadvertent linking.

Proofing and Approval Process:

1. Proofing & Revisions

  • One (1) round of proofreading and revisions is included in the cost of all proposals and agreements. Additional rounds of proofing or revisions will be subject to extra charges at the prevailing rate.
  • Once the final content is approved by the client, any further changes, corrections, or alterations are the client’s responsibility.

2. Website Links and Functionality

  • Clients are responsible for ensuring that all website links, forms, and interactive elements function properly prior to final approval. This includes verifying that links are directed to the correct pages and that no broken links or errors exist.
  • Any issues related to website links or functionality discovered after final approval will be the responsibility of the client, and any necessary revisions or corrections will incur additional charges.
  • Lexabi Communications Inc. will not be held liable for any external website-related issues, such as changes to third-party sites, broken links, or problems arising from content hosted outside of the client’s domain.

Confidentiality and Privacy:

Lexabi Communications Inc. (“the Company”) acknowledges the sensitive nature of the information provided by clients and commits to maintaining the confidentiality of all client-related and project-specific information. The Company agrees to use commercially reasonable efforts to safeguard such information and to comply with all applicable laws, including but not limited to federal, state, and provincial privacy regulations in Canada and the United States, as well as the Personal Information Protection and Electronic Documents Act (PIPEDA) and similar privacy legislation.

The Company further agrees not to disclose, sell, lease, or otherwise share any client contact information, client lists, or other proprietary client data with any third party for purposes of distribution, marketing, or any other use without the prior written consent of the client, unless required by law or legal process.

Clients may opt out of receiving communications from Lexabi Communications Inc. at any time by using the unsubscribe functionality provided in any marketing communications or by contacting the Company directly via email.

The client agrees to maintain the confidentiality of all information shared between Lexabi Communications Inc. and the client, including but not limited to business plans, strategies, designs, documents, and any other proprietary information. Lexabi Communications Inc. agrees to handle any personal data or confidential information provided by the client in accordance with applicable privacy laws.

Lexabi Communications Inc. will take reasonable measures to protect any sensitive data, but the client acknowledges that the responsibility to secure their own data lies with them, including ensuring appropriate security measures are in place for accounts, passwords, and sensitive content.

Data Protection and Privacy:

Data Collection:
Lexabi Communications Inc. collects client data only to the extent necessary to provide the agreed-upon services. This data may include, but is not limited to, contact information, project requirements, and account access details for social media or other platforms. Clients must provide accurate and up-to-date information to facilitate service delivery.

Data Usage:
Client data will be used solely for the purposes of performing the services outlined in the agreement. This includes, but is not limited to, creating and managing content, developing websites, running advertising campaigns, and communicating with the client. Client data will not be shared with third parties, except as required to complete the agreed-upon services (e.g., sharing content with a hosting platform) or as mandated by law.

Data Storage:
Lexabi Communications Inc. stores client data securely, employing reasonable technical and organizational measures to prevent unauthorized access, loss, or misuse. Stored data will be retained only for as long as necessary to fulfill the service obligations or as required by applicable laws. Once the service relationship ends, unnecessary data will be deleted securely.

Compliance with Laws:
Lexabi Communications Inc. complies with applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) for European clients, the California Consumer Privacy Act (CCPA) for clients in California, and Canadian privacy laws such as the Personal Information Protection and Electronic Documents Act (PIPEDA).

Client Responsibility:
The client is responsible for ensuring that any data or content provided to Lexabi Communications Inc. complies with applicable data protection and privacy laws. This includes obtaining necessary consents from individuals whose personal information is shared with Lexabi Communications Inc.

Third-Party Services:
If third-party tools, platforms, or software are used in the execution of services (e.g., email marketing platforms or hosting services), the client acknowledges that their data may be subject to the privacy policies of those third parties. Lexabi Communications Inc. will make reasonable efforts to use reputable third-party providers but is not responsible for their data practices.

Data Breach:
In the event of a data breach that may compromise client data, Lexabi Communications Inc. will notify the affected client(s) within a reasonable timeframe and take necessary steps to mitigate the breach and prevent future occurrences.

Client Access and Deletion Requests:
Clients may request access to their personal data or request its deletion by contacting Lexabi Communications Inc. in writing. Lexabi Communications Inc. will process such requests in compliance with applicable laws and within a reasonable timeframe.

Limitations of Liability:
While Lexabi Communications Inc. takes reasonable precautions to secure client data, no system is completely immune to security breaches. Lexabi Communications Inc. is not liable for any unauthorized access, loss, or misuse of data unless caused by gross negligence or intentional misconduct.

Compliance with Laws:

Lexabi Communications Inc. complies with all applicable laws and regulations related to data protection, privacy, and digital communications, including but not limited to:

General Data Protection Regulation (GDPR)
For European clients, we adhere to GDPR requirements to protect personal data and ensure transparency in data handling practices.

California Consumer Privacy Act (CCPA)
For clients based in California, we comply with the CCPA, which provides rights to consumers regarding their personal data, including access, deletion, and opt-out options for data sharing.

Personal Information Protection and Electronic Documents Act (PIPEDA)
As a Canadian company, we ensure compliance with PIPEDA, which governs how private-sector organizations collect, use, and disclose personal information in Canada.

Canada’s Anti-Spam Legislation (CASL)
Lexabi Communications Inc. strictly adheres to CASL requirements when sending commercial electronic messages (CEMs). This includes obtaining explicit consent from recipients, providing clear sender identification, and including opt-out mechanisms in all communications.

Digital Advertising and Platform Rules
We operate in compliance with the rules and policies of social media and digital advertising platforms, including but not limited to Meta (Facebook and Instagram), LinkedIn, Google Ads, and other platforms used to deliver client services.

Accuracy of Representations
All claims, statements, and representations made in marketing materials, websites, or campaigns must comply with applicable advertising and consumer protection laws. The client is responsible for ensuring that these claims are truthful, substantiated, and not misleading.

Other Applicable Laws
Lexabi Communications Inc. complies with any additional federal, provincial, state, or local laws governing data protection, advertising, and digital marketing in the regions where we operate.

Client Responsibility
The client agrees to ensure that all content and data provided to Lexabi Communications Inc. for use in digital marketing, email campaigns, or web development comply with applicable laws and regulations. Lexabi Communications Inc. is not liable for legal violations resulting from non-compliant content provided by the client.

Prohibited Activities
The client must not request or direct Lexabi Communications Inc. to engage in activities that violate laws, regulations, or platform-specific rules (e.g., social media policies, advertising standards, or copyright guidelines). Lexabi Communications Inc. reserves the right to refuse services or terminate agreements if the requested activities are deemed illegal, unethical, or non-compliant.

Notification of Legal Rists
The client agrees to promptly inform Lexabi Communications Inc. of any known or potential legal risks, disputes, or claims that could impact the services provided.

Limitation of Liability:

To the fullest extent permitted by applicable law, Lexabi Communications Inc. (“the Company”) shall not be liable to the client or any third party for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities arising from or related to the services provided under this agreement, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if the Company has been advised of the possibility of such damages.

In no event shall the total liability of Lexabi Communications Inc. for any claims, damages, or losses arising from the provision of services exceed the total amount paid by the client to the Company for the specific service giving rise to the claim, up to a maximum of the fees paid in the three (3) months immediately preceding the date the claim arose.

The Company shall not be responsible for any damages, losses, or liabilities resulting from:

  1. Any content or materials provided by the client or a third party;
  2. Unauthorized access to or use of the client’s website, services, or data;
  3. Issues arising from third-party service providers, such as hosting or domain registrars; or
  4. Any failure or disruption of service caused by circumstances beyond the Company’s reasonable control, including but not limited to acts of God, internet or power outages, strikes, or governmental actions.

Force Majeure

Neither party shall be held liable for failure to perform its obligations under this agreement if such failure is due to causes beyond its reasonable control, including but not limited to, acts of God, war, terrorism, strikes, civil disorder, natural disasters, pandemics, or any other unforeseen events that prevent the performance of the services.

If such an event occurs, the affected party must notify the other party promptly and make reasonable efforts to resume performance as soon as possible.

Termination:

  • Client Termination
    The client may terminate the agreement by providing 30 days’ written notice. However, any payments due for work completed prior to termination remain the client’s responsibility.
  • Lexabi Communications Inc. Termination
    Lexabi Communications Inc. reserves the right to terminate this agreement if the client fails to make timely payments, breaches the Terms & Conditions, or fails to provide necessary content or approvals within the agreed-upon timeframe.
  • Consequences of Termination
    Upon termination of this agreement, whether for convenience or for cause, the client shall pay any outstanding fees or amounts due for services rendered by Lexabi Communications Inc. up until the effective date of termination. All fees for services performed prior to the termination notice shall become immediately due and payable.
  • Return of Property and Confidential Information
    Upon termination, the client shall return all property, documents, data, or materials belonging to Lexabi Communications Inc. and shall immediately cease using any intellectual property, software, or resources provided by Lexabi Communications Inc. The client shall also return or destroy any confidential information obtained during the course of the engagement in accordance with the confidentiality provisions of this agreement.
  • Survival of Terms
    Termination of this agreement shall not affect any rights or obligations accrued prior to the termination date. Provisions of this agreement that by their nature should survive termination shall remain in full force and effect, including but not limited to, intellectual property rights, confidentiality obligations, and indemnification provisions.

Governing Law and Dispute Resolution:

This agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of laws principles. The parties acknowledge that this agreement covers services provided throughout North America, and disputes may arise in various jurisdictions within the continent. Notwithstanding the foregoing, the parties agree that any dispute arising from the performance of this agreement, regardless of the jurisdiction in which it arises, shall be subject to the terms of this agreement.

In the event of any dispute, claim, or controversy arising out of or in connection with this agreement, the parties agree to first attempt to resolve the matter through good faith mediation. The mediation process shall be conducted by a mutually agreed-upon mediator, and the parties shall equally share the costs of mediation.

If the dispute is not resolved through mediation within thirty (30) days from the date of initiation of mediation, the parties may pursue legal action in the appropriate court. Jurisdiction and venue shall be exclusively in the courts of the city of Kelowna, in the Province of British Columbia, Canada, unless otherwise agreed by the parties.

Amendments:

Lexabi Communications Inc. reserve the right to amend, modify, or update these Terms & Conditions at any time, in our sole discretion. Any amendments to these Terms & Conditions will be effective upon posting the revised version on our website or notifying you directly, whichever method we choose.

We will provide at least thirty (30) days’ notice of any significant amendments, either through email or a prominent notice on our website. It is your responsibility to review these Terms & Conditions periodically to stay informed of any changes.

Your continued use of our services after the effective date of the amendment will constitute your acceptance of the revised Terms & Conditions. If you do not agree with the amended Terms & Conditions, you must cease using our services immediately.

Social Media, Web Design, and Digital Content Disclaimer:

Lexabi Communications Inc. does not work for, represent, or have any affiliation with WordPress, Meta (Facebook), LinkedIn, or any other social or digital media platform. Our services are subject to the rules and guidelines of these platforms, and as such, some requests may be denied or restricted based on their policies.

Lexabi Communications Inc. is not endorsed by, nor does it endorse, WordPress, Meta, LinkedIn, or any other social or digital media platform, and should not be construed as such.

The client agrees that any information, content, or graphics posted on social or digital media platforms on their behalf is the sole responsibility of the client. Lexabi Communications Inc. will not be held liable for any content, including but not limited to, copyright infringement, plagiarism, image or copy theft, or any legal claims arising from content posted by or on behalf of the client. The client assumes full responsibility for all content and graphics used in their digital media and agrees to indemnify and hold Lexabi Communications Inc. harmless from any and all claims related to the content posted.

Website Design and Email Newsletter Production

The client acknowledges that all web design and email newsletter production services provided by Lexabi Communications Inc. are subject to the client’s approval. The client is responsible for providing accurate content, including but not limited to, text, images, and graphics, for use in their website and email newsletters.

Lexabi Communications Inc. does not guarantee specific results related to website traffic, user engagement, or the success of email marketing campaigns. We are not liable for any issues arising from the functionality of websites or email newsletters once delivered to the client, including but not limited to, bugs, errors, or issues related to the client’s hosting environment, email service providers, or third-party tools integrated into the website or email newsletters.

The client is solely responsible for ensuring that all content provided to Lexabi Communications Inc. for use in web design or email newsletters complies with all applicable laws, including but not limited to copyright, trademark, privacy, and data protection laws. This includes securing any necessary licenses, permissions, or releases for any third-party content (such as images, text, or media) provided for use.

Lexabi Communications Inc. is not responsible for any legal violations, including but not limited to copyright infringement, trademark infringement, defamation, or privacy violations, that may arise from the content provided by the client for use on websites or in email newsletters. The client agrees to indemnify, defend, and hold Lexabi Communications Inc. harmless from any claims, damages, or legal fees arising from such violations.

Acceptance of Terms:

By engaging the services of Lexabi Communications Inc., including through email or other communication, and authorizing us to begin work, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. Your agreement to these terms is deemed effective once we commence work or receive your confirmation, whether in writing, email, or through other means of communication. If you do not agree to the Terms & Conditions, you must notify us before work begins, as continued communication or engagement with our services will constitute your acceptance of these terms.

Limitation of Liability and Disclaimers:

In no event will Lexabi Communications Inc. be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use lexabi communications inc. services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; inadvertent linking; communication-line failure; network or system outage; theft; destruction; unauthorized access to; alteration of; or use of any record.

Social Media and Platform Compliance
The client agrees to adhere to the rules and guidelines set by social media platforms. These rules are proprietary and must be followed to avoid issues with the platforms, and Lexabi Communications Inc. will not be liable for any penalties, restrictions, or issues caused by non-compliance with those rules.

WordPress Website Customization Limitations
For websites built on WordPress using pre-built themes, the client acknowledges that there are inherent limitations in manipulation, customization, and design flexibility. Lexabi Communications Inc. will provide recommendations, but clients must exercise flexibility within those limitations as per the guidance provided by Lexabi Communications Inc.

Indemnification:

The client agrees to indemnify, defend, and hold harmless Lexabi Communications Inc. and its officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs (including legal fees), and expenses arising out of:

  1. The client’s breach of any provision of these Terms & Conditions.
  2. Any content provided by the client that infringes the intellectual property rights of third parties.
  3. Any legal claims arising from the use of services provided by Lexabi Communications Inc. including but not limited to advertising, content, and media.
  4. The client’s failure to comply with applicable laws or regulations.