Terms and Conditions for Fusion Design
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Canada (specifically in the province of Alberta)
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Fusion Design.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Fusion Design, accessible from fusiondesign.ca
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.
Client should expect the services in 30-60 days.
Interpretation and Definitions
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Termination
In the event of a failure to deliver the assets before the due date, Fusion Design emphasizes the importance of timely delivery to ensure a seamless client experience. Delays may adversely impact the client's operations and financial commitments, potentially leading to the denial of services in severe cases. To avoid such situations, clients are urged to adhere to Fusion Design's requirements for receiving assets promptly. Failure to do so may impede the dedicated team's ability to efficiently provide their exceptional services, ultimately hindering the collaborative success between Fusion Design and the client. We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Fusion Design Refund Policy
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Fusion Design Refund Policy - 14-Day Voucher Guarantee
At Fusion Design, we want you to be completely satisfied with our marketing services. If, for any reason, you change your mind within 14 days of purchasing our eligible services, we offer a hassle-free 14-Day Voucher Guarantee.
Eligibility:
The 14-Day Voucher Guarantee is applicable to specific marketing services provided by Fusion Design. Please check with our team to confirm if the service you purchased qualifies for this policy.
The guarantee is valid for services that have been paid in full and completed within the last 14 days from the date of purchase.
Voucher Issuance:
If you are unsatisfied with the completed marketing service within the 14-day period and meet the eligibility criteria, we will issue you a voucher equal to the service's amount.
The voucher can be used for any other service offered by Fusion Design within six months from the date of issuance.
Requesting a Voucher:
To request a voucher, contact our customer support team at [Customer Support Email] within the 14-day period.
Share relevant details about your purchase and reasons for dissatisfaction with the service.
Voucher Redemption:
Upon approval, we will send the voucher via email within 5 business days.
The voucher will contain a unique code for redemption during checkout for any eligible service.
Vouchers must be redeemed within six months from the date of issuance; no extensions will be granted.
Exclusions:
The 14-Day Voucher Guarantee is not applicable to completed services outside the 14-day period.
It does not apply if the marketing campaign has been executed as per the agreed-upon terms.
Non-Transferable:
Vouchers issued under this guarantee are non-transferable and cannot be exchanged for cash or other refunds.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Off-Loading
In the event that You wish to off-load the work completed by Us from Your existing account to a new account on the Go High Level platform, We offer a convenient solution. Please note that this off-loading service comes with a fee of $125 to cover the necessary administrative and technical processes involved.
When you opt for the off-loading service, our team will diligently transfer your entire system, including your website, landing pages, automations, and other relevant components, to the new Go High Level account. This comprehensive transfer ensures that all aspects of your system are seamlessly transitioned to the new platform, allowing you to continue your operations without any disruption.
We understand that you may have concerns or objections regarding this off-loading process. Therefore, we have taken measures to address potential questions and ensure a smooth and fool-proof transition:
Data Integrity: Our team will ensure the integrity of your data during the off-loading process. We will perform thorough checks and verifications to ensure that all your information and settings are accurately transferred to the new account.
Testing and Quality Assurance: Before finalizing the off-loading process, we will conduct comprehensive testing and quality assurance procedures. This guarantees that all functionalities, links, automations, and integrations are properly set up and functioning as expected in the new account.
Technical Support: In case you encounter any issues or require assistance after the off-loading process, our dedicated technical support team will be available to address your concerns promptly. We are committed to ensuring your satisfaction and will provide ongoing assistance to ensure a smooth transition.
Please note that the off-loading service fee of $125 covers the expertise and resources required to perform the transfer and guarantee a seamless transition. We have carefully determined this price to ensure a fair and reasonable cost for the off-loading process.
Communication
The agency has limited conversations during public holidays.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: aleezas@fusiondesign.ca