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TERMS OF SERVICE

OVERVIEW

 

These Terms of Service (“Terms”) govern your access to and use of Black Prism Branding’s website www.blackprismbranding.com, proprietary content and products (“Product”), and services (“Services”). Within the following document Black Prism Branding will be referred to simply as “Black Prism”. Throughout the website, and all other materials published by Black Prism, the terms “we”, “us” and “our” refer to Black Prism Branding, the term “you” refers to the user. Black Prism offers the above, including all information, tools and services available from them to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our website and engaging in or purchasing our Product and/or using our Services, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of Black Prism’s Products and Services, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

Please read these Terms of Service carefully before purchasing, accessing or using our Products and/or Services. If you do not agree to all the terms and conditions of this agreement, then you may not have access to our Products or Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any additions added to Black Prism’s current inventory of products and/or services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our websites. It is your responsibility to check this page periodically for changes. Your continued use of or access to Black Prism’s Products and/or Services following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – ONLINE WEBSITE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including, but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

 

By filling out any form on www.blackprismbranding.com website, you give Black Prism Branding explicit permission to contact you via the contact information provided (including, but not limited to, your email, phone number, etc).

 

We reserve the right to refuse service to anyone for any reason at any time.

 

You understand that your content (not including credit card information), may be transferred without encryption and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products and/or Services without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

The information made available within our Products is for information purposes only. Black Prism shall not be held responsible/liable for the information’s usefulness, accuracy or availability. The material on our website or social media platforms is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in this website or our social media platforms is at your own risk.

 

This site may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Products at any time, but we have no obligation to update any information in our Products. You agree that it is your responsibility to monitor changes to this information.

 

SECTION 4 – INTELLECTUAL PROPERTY RIGHTS

 

All content, included in or made available through Black Prism’s Products and Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Black Prism. These are protected by international copyright, trademark, patent, trade secret and other intellectual property/proprietary rights laws.

 

By agreeing to the Terms of Service, you are agreeing to put your best effort forward to prevent and protect the proprietary contents of the Black Prism Products from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any proprietary contents of the Products. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Products or Services, unless expressly authorized by Black Prism. You agree that you will not use such proprietary information or materials in any way except for the use of the Products or Services for personal, non-commercial uses in compliance with this Agreement.

   

In addition, all Black Prism’s trademarks, logos, products and service names are trademarks of Black Prism.

 

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our Services are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Products or Services (or any part or content thereof) without notice at any time.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products or Services.

 

SECTION 6 – PRODUCTS OR SERVICES

 

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time.

 

We can’t guarantee that the quality of any of our Services will meet your expectations, or that the finished product will look identical to its original form. Black Prism strives to be truthful about the potential outcome of a repair and the results a customer can expect. We promise to do everything to ensure our customers are satisfied, including returning to do additional work as needed. Our priority is to ensure the repair is durable.

 

Black Prism can not be held accountable for addition damage that may be uncovered makes the repair impossible or changes the results. Black Prism will be any issues up with the customer before moving forward.

 

SECTION 7 – PAYMENT POLICY

 

Black Prism offers a range of Products and Services that require payment. By employing Black Prism Branding’s Services or purchasing Black Prism’s Products, you are agreeing to these payment terms.

 

Payment is due within 15 days of the date of the invoice, if immediate payment is not made (net 15), unless a different payment plan is agreed upon. These specific payment terms will be depicted in the contract for that project.  

 

Payments can be made by credit card, direct deposit, cash or cheque. By signing a Black Prism contract, you are committing to pay the agreed upon price stated in the contract. Black Prism Branding holds the right to modify the price if significant changes are made to the contract at the request of the client. If additional third party tools or resources are needed, these costs will be added to the quoted price by way of an amendment. The customer does not hold the right to modify the price, unless the change is agreed upon with Black Prism.     

 

Credit card payments made through the Black Prism website will be protected by the WordPress privacy policy, found here https://automattic.com/privacy/. Credit card payments made in person will be processed through RBC’s accounting platform Wave. You can find RBC’s privacy and security policies here https://www.rbc.com/privacysecurity/ca/index.html, and you can find Wave’s privacy policy here https://my.waveapps.com/privacy/. We accept Visa and MasterCard credit cards only.

 

Direct deposit payments are to be sent as an e-transfer to team@blackprismbranding.com.

 

Cash payments are to be made in person. Cheque payments can be given in person or can be mailed to Black Prism Branding’s mailing address on the contract.

 

All payments will be processed within 7 business day(s) of receiving the payment.

 

SECTION 8 – REFUND POLICY

 

All refunds will be determined on a case by case basis. Final refund decisions will be made by Black Prism Branding.

 

SECTION 9 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail, billing address or phone number provided at the time the quote was requested. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by competitors or any other person(s) who compromise our promise to provide excellent customer service.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made from Black Prism. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 10 – THIRD-PARTY LINKS

 

Certain content, products and services available via our Products and Services may include materials from third-parties. Third-party links on our website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 12 – PERSONAL INFORMATION

 

Your submission of personal information through Black Prism is governed by our Privacy Policy. Click to view Black Prism’s Privacy Policy.

 

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our website or on our social media platforms that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions if any information is inaccurate at any time without prior notice.

 

We undertake no obligation to update, amend or clarify information on any related website, including without limitation, pricing information, except as required by law.

 

SECTION 14 – PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using Black Prism’s Products or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Black Prism, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 16 – INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Black Prism and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 17 – SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 18 – TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time after a Service is complete, or when you cease using our Products.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Products or Services (or any part thereof).

 

SECTION 19 – ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on our website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Products and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 20 – GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.

 

SECTION 21 – CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Products or Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 22 – CONTACT INFORMATION

 

For more information about our Terms of Service, if you have questions, or if you would like to make a complaint, please contact us through one of the following: