Terms & Conditions

These Terms & Conditions are the agreement between you and BoostReach. Please read them carefully. Section 21 limits our liability, and section 26 sets out where disputes are resolved. By using our services, you accept these terms.

1. Who we are and how these terms apply

These Terms & Conditions ("Terms") govern the services provided by BoostReach Marketing Solutions Inc., a corporation incorporated under the Canada Business Corporations Act (corporation number 1812346-2), with its registered office at 518-395 Dundas Street West, Oakville, Ontario L6M 5R8, Canada ("BoostReach", "we", "us", "our").

They apply to you ("you", "your", the "Client") when you ask us for a free preview, buy or use any of our services, or use our website at boostreach.net.

You accept these Terms when you first approve a quote or Order, pay a deposit or invoice, or use any part of the Services. If you accept on behalf of a business, you confirm you are authorized to bind that business, and "you" means that business.

Our Privacy Policy forms part of these Terms. Our services are sold to businesses, not consumers, and you confirm you are buying for business purposes.

2. Definitions

3. The Services

Which of these you receive depends on your Order.

We may improve or change how we deliver the Services. We will not materially reduce what is included in your Care Plan without giving you at least thirty (30) days' notice, after which you may cancel under section 7.

4. Free previews

• A Free Preview is free and does not oblige you to buy anything.
• It may use sample text, stock images and placeholder details. It is a preview, not a finished website.
• The Free Preview, its design and its code remain ours until you buy a Website from us. You may not copy, publish or have someone else build from it without our written agreement.
• Preview websites are hidden from search engines and are usually deleted within ninety (90) days if you do not go ahead.

5. Your responsibilities

You are responsible for the accuracy of the information you give us, for keeping any logins we share with you confidential, and for responding to the enquiries your Website receives.

You must give us the materials and approvals we reasonably need, such as your logo, photos, service details and feedback on drafts. Delays in providing them move the timeline accordingly.

6. Fees, billing and taxes

6.1 Fees and currency

Fees, currency and billing frequency are as stated in your Order. We bill in Canadian dollars (CAD) or United States dollars (USD) depending on your location and your Order.

6.2 Build Fee

The Build Fee is one fixed price, agreed before work begins. Unless your Order says otherwise, it is payable as a 50% deposit before work begins and the remaining 50% when your Website is finished, before it is published. Work begins once the deposit is received.

6.3 Care Plan

The Care Plan is billed monthly in advance, starting when your Website is published, and continues until cancelled under section 7. By subscribing you authorize us and our payment processor to charge your payment method on each billing date, or you agree to pay each invoice by its due date.

6.4 Taxes

All fees are exclusive of taxes. You are responsible for any GST, HST, provincial, state or local sales tax applicable to the Services, except taxes on our income. Where we must collect tax, it will be added to your invoice.

6.5 Price changes

We may change our Care Plan fee with at least thirty (30) days' written notice. If you do not accept the new fee, you may cancel before it applies. A Build Fee already agreed in an Order does not change.

6.6 Third-party costs

Some items carry their own cost, such as domain registration and renewal, business email, paid stock images or premium plugins. We will tell you before any such cost is added, and we only add it with your agreement.

7. Cancellation and refunds

7.1 Cancelling your Care Plan

You may cancel your Care Plan at any time by emailing support@boostreach.net. Cancellation takes effect at the end of the current paid month. Your Website stays online until then, and no further payments are taken.

7.2 Cancelling a build

You may cancel a build at any time by telling us in writing. The deposit is non-refundable once work has begun, except for the part of the work we have not yet done at the time you cancel. Work completed beyond the value of the deposit is payable.

7.3 Refunds

Except as set out above or required by law, fees already paid are non-refundable, including Care Plan fees for a month that has begun. This does not affect any statutory right you have, and it does not stop us from issuing a refund where we think it is fair.

7.4 Termination by us

We may end the Services on written notice if you materially breach these Terms and do not fix the breach within ten (10) days of being asked to, if you do not pay amounts due, if your Website or its content exposes us or our providers to legal or reputational risk, or if you become insolvent or stop trading. We may also end the Services for convenience on sixty (60) days' written notice and refund any prepaid fees covering the period after that.

8. Non-payment

If a payment fails or an invoice is unpaid, we will contact you. If a Care Plan invoice remains unpaid seven (7) days after its due date, we may take your Website offline until it is paid. We keep your Website files while it is offline and put it back online once payment is received, usually within one business day.

If the remaining Build Fee is unpaid, we are not required to publish the Website, and ownership does not pass to you until it is paid. We are not liable for business lost while a Website is offline or unpublished because of non-payment.

9. Website design and build

9.1 Scope and revisions

We build your Website to the scope agreed in your Order and include reasonable revisions within that scope before launch. New pages, new features or work outside the agreed scope are quoted before we begin.

9.2 Your materials

You confirm that you have the right to use everything you give us, including logos, photos, text and reviews, and that it does not infringe anyone else's rights.

9.3 Accuracy of your Website

You are responsible for checking and approving your Website before it goes live, including your services, prices, service areas, licence and insurance details, and any claims about your business. Reviews shown on your Website must be genuine reviews from real customers. We will not publish invented reviews or testimonials.

9.4 Timelines

We will give you an expected timeline, but timelines depend on receiving your materials and approvals and are estimates, not guarantees, unless your Order says otherwise.

9.5 Launch

We publish your Website once you have approved it and the Build Fee is paid in full. If we find a mistake in our own work after launch, we will fix it at no charge.

10. Hosting and Care Plan

While your Care Plan is active, we host your Website, keep its secure connection active, apply security updates, keep regular backups, and make small updates when you ask.

Small updates are minor changes such as new hours, contact details, photos, service lists or short text edits. Larger work, such as new pages, redesigns or new features, is quoted separately before we begin.

We aim to keep your Website online at all times but do not commit to a specific uptime level. It may be briefly unavailable during maintenance or if a hosting or third-party provider has a problem.

11. Domains and email

Unless we agree otherwise in writing, your domain name is registered to you and you own it. Where we register or manage a domain for you, we do so as your agent and will transfer control to you on request. Domain and email fees are your responsibility unless included in your Order.

12. Ownership and intellectual property

Once the Build Fee is paid in full, you own your Website's content, text, images you supplied and the design as delivered. We keep ownership of our underlying templates, components, code and methods, and we grant you a permanent, non-exclusive licence to use them as part of your Website.

If you cancel your Care Plan and all fees are paid, we will provide an export of your Website files on request within thirty (30) days, so you can host it elsewhere. Third-party items such as licensed fonts, stock photos or plugins remain subject to their own licences.

We will not show your Website in our portfolio or marketing without your prior written consent.

13. Web chat and enquiries on your Website

Where your Website includes a web chat or quote request feature, we pass the enquiries it receives to you by the method agreed, such as email. You are responsible for responding to them, for how you use that information, and for having a privacy policy for your Website where the law requires one.

If you contact people who enquire through your Website, you are responsible for doing so lawfully, including under Canada's Anti-Spam Legislation (CASL), the U.S. TCPA and CAN-SPAM Act, and any applicable telemarketing rules. We do not send marketing messages on your behalf.

14. Client Data

As between you and us, Client Data is yours. We handle it under our Privacy Policy and your instructions, and we do not use it for our own marketing, sell it, or combine it across clients. You are responsible for the lawfulness of the Client Data you give us and for meeting your own privacy obligations to your customers.

15. Third-party providers

We deliver the Services using third-party providers, including hosting providers, domain registrars, Google and payment processors. We are not responsible for their acts, outages, price changes or policy changes. If a provider changes or withdraws something your Website relies on, we will make reasonable efforts to find an equivalent.

16. No guarantee of results

17. Our website and sample websites

The sample websites on our Our Work page are designs for made-up businesses, shown to demonstrate our work. Their business names, reviews, phone numbers and other details are not real, and they do not offer any services. You may not copy them.

18. Support

Support is provided by email at support@boostreach.net and by phone at (289) 242-6276. We aim to respond within one business day.

19. Confidentiality

Each of us agrees to keep the other's confidential information confidential, to use it only for this agreement, and to protect it with at least reasonable care, for three (3) years after the agreement ends and indefinitely for trade secrets. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law.

20. Disclaimer of warranties

Except as expressly stated in these Terms, and to the maximum extent permitted by law, the Services are provided "as is" and "as available". We disclaim all other warranties, conditions and representations, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or that the Services will be uninterrupted or error-free.

21. Limitation of liability

To the maximum extent permitted by law:

• neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, business, goodwill or data; and
• our total liability arising out of these Terms or the Services is limited to the fees you actually paid us in the twelve (12) months before the event giving rise to the claim.

These limits do not apply to your obligation to pay fees, to liability for fraud, or to any liability that cannot be limited by law.

22. Indemnification

You will defend, indemnify and hold harmless BoostReach and its directors, officers and team from any claim, loss, fine or cost (including reasonable legal fees) arising from:

• content, logos, images, reviews or other materials you supplied, including any infringement claim;
• the accuracy of information shown on your Website at your direction or with your approval;
• how you use or contact people who enquire through your Website; or
• your breach of these Terms or of applicable law.

We will tell you promptly of any claim, let you control the defence (any settlement that admits fault or imposes obligations on us needs our written consent), and cooperate reasonably at your expense.

23. Term and termination

This agreement starts when you first accept these Terms and continues until it ends under section 7. When it ends, amounts owing become due, you may request an export under section 12, and sections 6 (as to amounts owed), 12, 14, 19, 20, 21, 22, 26 and 27 continue to apply.

24. Force majeure

Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as natural disaster, epidemic, war, government action, internet or hosting outages, or malicious attack. This does not excuse payment obligations.

25. Changes to these Terms

We may update these Terms from time to time. We will post the updated version at boostreach.net and change the effective date. For material changes, we will email clients at least thirty (30) days before they take effect. If you do not accept a material change, you may cancel your Care Plan before it takes effect.

26. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The United Nations Convention on Contracts for the International Sale of Goods does not apply. You and we submit to the exclusive jurisdiction of the courts of Ontario, sitting in the Regional Municipality of Halton or the City of Toronto.

Before starting proceedings, each party agrees to raise the dispute in writing and try in good faith to resolve it for at least thirty (30) days. This does not stop either party from seeking urgent injunctive relief.

27. General

• Entire agreement. These Terms, your Order and our Privacy Policy are the entire agreement between us. Where your Order conflicts with these Terms, the Order wins on that point.
• Assignment. You may not assign this agreement without our written consent. We may assign it to an affiliate or as part of a merger, acquisition or sale of our business.
• No waiver. Not enforcing a provision is not a waiver of it.
• Severability. If any provision is unenforceable, it is adjusted to the minimum extent needed or removed, and the rest stays in force.
• Independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship.
• Notices. Notices to us go to hello@boostreach.net. Notices to you go to the email address you gave us. Email notices take effect the next business day.
• Language. The parties have requested that this agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

28. Contact us