Terms of Service

Webtemple is owned and operated by TD Labs Ltd, an Ontario Corporation.THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between TD Labs Ltd., LLC, a limited liability company organized under the laws of the Province of Ontario (“TD Labs” or “Webtemple”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Webtemple’s website: https://webtemple.design (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto.

Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Webtemple shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Webtemple for services rendered shall remain and continue to be an ongoing obligation owed by Client to Webtemple.

Website Design Service

• Subject to these Terms, Webtemple will use commercially reasonable efforts to provide you the agreed upon Services. Webtemple has the right to cancel, terminate or abort any agreed or ongoing Services at any time, with immediate effect.
• Webtemple will provide you with reasonable support during projects in accordance with Webtemple’s standard practice.
• It is our goal to provide top-quality work that fulfills your needs with accuracy. In order for us to successfully perform the Services, you must provide our team with sufficient content and instructions to complete the work. Furthermore, requests must be made in accordance to your Webtemple onboarding training.
• You agree that insufficient instruction or use of our Services may produce unwanted results.
• You may from time to time request for Services that fall outside our scope. We will inform you as soon as possible if a request cannot be completed by us within our scope of Services.
• Webtemple does not guarantee that any Services provided will remain functional or compatible after delivery.
• We hold ourselves to a high standard of delivery and would never intentionally submit and/or publish final files, products, and assets with errors to you. However in a rare event that you do receive a file with errors, please notify us promptly and we will do our best to resolve the issue and/or quickly make the revisions and re-submit to you.
• There may be information on the website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the website at any time, without prior notice.
• Webtemple is not liable for any loss of business or loss of revenue incurred from errors in our Services.
• It is your responsibility that any electronic or online delivery or Service provided by Webtemple, as well as any account data, registration data, access data or any other data are copied and saved to your own location by yourself.
• All software and creative assets while actively enrolled with us are yours to keep and own once the Services have been rendered complete and delivered, and/or published live.
• Webtemple reserves the right to retain ownership on Services rendered during any stages prior to completion and publication, including versions rejected by the User or versions produced during the trial period or promotional trials.
• Services performed on approved 3rd party accounts provided by you will remain functioning and in your ownership. Webtemple does not provide support for your owned accounts and does not guarantee functionality after leaving our applications.
• Application data regarding your project and request management in Webtemple are subject to deletion from your dashboard and our systems after 60 days. Any output files or deliverables associated with the project or request will be consolidated and stored in your asset management after project completion. Files in your asset management will remain available for viewing and download if you are actively enrolled in a plan. It is your responsibility to download and save these files for your records.
• All project content will remain on our servers if you are actively enrolled in a plan. You may request at any time to delete your files.

Confidentiality and Proprietary Rights

• You and Webtemple (each a “Receiving Party”) understand that the other party (the “Disclosing Party”) have disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Webtemple includes non-public information regarding features, functionality and performance of the Service. Your Proprietary Information includes non-public data provided by you to Webtemple to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third party any such Proprietary Information in accordance with our Privacy Policy. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law.
• You shall own all right, title and interest in and to the Customer Data, as well as any data, product, output and deliverable that is based on or derived from the Customer Data and provided to you as part of the Services (collectively, “Work Product”), including all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as “moral rights” (collectively, “Moral Rights”), and any and all intellectual property rights arising therefrom. All Work Product shall constitute a “work made for hire” as such term is defined in 17 U.S.C. § 101, made solely for your benefit. Webtemple agrees that you shall not be subject to any restrictions relating to Work Product under these Terms.
• Webtemple shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Services or support, and (c) all intellectual property rights related to any of the foregoing.
• Notwithstanding anything to the contrary, Webtemple shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Webtemple will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Webtemple offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. For more information on Confidentiality, please see our Privacy Policy.
• During your use of the Services, and for a period of one (1) year immediately after your last use of a Service, you agree not to solicit any employee or independent contractor of Webtemple or TD Labs Ltd., either on your own behalf or on behalf of any other business or organization, unless you have received written approval to do so, signed by a duly authorized representative of Webtemple.
• During your use of the Services, and for a period of one (1) year immediately after your last use of a Service, you agree to not induce any employee, vendor or independent contractor associated with Webtemple to terminate or breach an employment, contractual or other relationship with Webtemple and TD Labs Ltd..

Your Content:

• Any files and assets you upload to our server, or any other project management platform we may use, (“Your Content”) or submitted through email are considered your content. All materials and content submitted to us when creating your projects remain your property. All files submitted to Webtemple must be owned or legally licensed by you and not be stolen from another entity. You are held 100% liable for all content submitted and their use in completed work, including any infringement on intellectual property rights. We do not provide any copyrights, trademarks, or licenses research when using your content. What you provide, shall we use as-is and you are held liable for the published work Webtemple submits back to you.
• Responsibility for Your Content: You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
• Permission to Use Your Content: By posting Your Content through our Dashboard or submitting them via Email, you grant Webtemple a license to use it. Webtemple will never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours.
• Rights You Grant Webtemple: By posting Your Content, you grant Webtemple a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Webtemple.
• Reporting Unauthorized Content: If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
• Inappropriate, False or Misleading Content: You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Representation of Design Authorship

• Webtemple reserves the exclusive right to claim authorship for any elements, applications, websites or images produced by Webtemple for the client (“work”) that we produce on behalf of the client.
• While the client has the right to use the work in order to promote their business, the client agrees not to claim design authorship over work produced by webtemple.
• TD Labs Ltd. reserves the right to enforce this by legal means.

Payments & Subscriptions

Webtemple Design is a paid service(“Paid Services”) and requires an active subscription. By using a Paid Service, you agree to pay the specified fees, which we’ll charge you for in regular intervals (such as monthly or annually), on a pre-pay basis until you cancel, which you can do at any time on your account overview page or by contacting support.

To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes). Your Paid Services are renewed for the same interval of time.

If you choose to cancel your subscription, your membership will remain active until the end of your current billing cycle.

If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If a payment for services including hosting, such as the “Maintain Service” fails, we will retry the payment again several times. If the outstanding balance is not recovered within 3 days, your account and website will automatically be suspended.

Any suspended accounts that have not been paid for in over 120 days will automatically be deleted from the system.

We reserve the right to refuse service or cancel your subscription and revoke membership access with a prorated refund for any reason we deem appropriate.

We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your Paid Service.

Unless otherwise stated, all our plans are expressed in $ USD (US Dollars) and will be charged for in USD against your payment method on file.

Our fees, which are displayed on or website https://webtemple.design, are subject to change without notice. It is our practice that existing accounts will be billed at the rate at which they subscribed, unless deemed necessary by Webtemple. Should Webtemple deem it necessary to change a client’s subscripthon, Webtemple will notify the client in writing at least 15 days prior to this change.

Pausing & Cancellations

• You may pause a design subscription at any time from your billing dashboard. Once you pause a design subscription, any active tasks will be moved to your backlog, and you will loose access to your project dashboard.
• You may request a reinstatement of your account by contacting Webtemple.
• Due to the limited availability of this service, we do reserve the right to cancel any paused subscriptions at our sole discretion.
• Should an existing client cancel a subscription or have their subscription cancelled for any reason, they may re-subscribe at the current price of the subscription.

Refunds

Refunds requested are issued at the discretion of Webtemple Staff. No refunds whatsoever will be given for scheduled subscription payments, except in the rare case that it is due to billing errors on our end.

If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we will not provide a refund, and we may revoke your access to our Services in general.

Should we decide to issue a refund, a 5% processing fee will be deducted from the total amount refunded.

Legal Notices

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

Our Services are provided “as is.” TD Labs Ltd. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TD Labs Ltd. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Ontario, Canada.

In no event will TD Labs Ltd., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to TD Labs Ltd. under this Agreement during the twelve (12) month period prior to the cause of action. TD Labs Ltd. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account, dashboard and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate. Other examples of breach of Agreement include, but are not limited to:

• Exploitation of Service and/or Webtemple employees
• Harassment of Webtemple employees
• Solicitation of Webtemple Employees using communication channels outside of the ones provided;
• Excessive payment failure
• Payment chargebacks

All sections of this Agreement which by their nature should survive termination will survive termination, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

No modification or amendment to these Terms will be binding upon Webtemple unless in a written instrument signed by a duly authorized representative of Webtemple. For the purposes of this section, a written instrument will expressly exclude electronic communications such as email and electronic notices but will include facsimiles.

Webtemple’s failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect Webtemple’s right to later enforce or exercise it, unless Webtemple issues an express written waiver, signed by a duly authorized representative of  TD Labs Ltd.

You may not assign these Terms, or any of the rights or obligations hereunder, without Webtemple prior written consent in the form of a written instrument signed by a duly authorized representative of TD Labs Ltd. or Webtemple (and, for the purposes of this section, a written instrument will expressly exclude electronic communications such as email and electronic notices but will include facsimiles). Webtemple may freely assign these Terms, or any of the rights or obligations hereunder, without your consent. Any attempted assignment or transfer in violation of this section will be null and void. Subject to the foregoing restrictions, these Terms will inure to the benefit of the successors and permitted assigns of the parties.