Privacy Policy

Terms and Conditions

Effective Date: January 1, 2024

1. Introduction

Welcome to the website of iWEBAPP Agency Inc. (“we,” “us,” “our,” or the “Company”). These Terms and Conditions (“Terms”) govern your use of our website located at www.iwebapp.ca (the “Site”), and any services provided by iWEBAPP Agency Inc. By accessing or using our Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms. Please read these Terms carefully. If you do not agree with any part of these Terms, you may not use our Site.

2. Information We Collect and How We Use It

2.1 Collection of Personal Information

We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback forms, and other communications. The types of information we may collect include, but are not limited to:

Name
Email address
Mailing address
Phone number
Country
Credit card information
Purchase history
Browsing habits on our Site

2.2 Use of Personal Information

We use your personal information for the following purposes:

To provide and improve our services
To process transactions efficiently
To respond to customer service requests
To administer promotions, surveys, or other features on our Site
To send periodic emails, including marketing and promotional content
To send SMS text messages for marketing, transactional, or informational purposes

2.3 Protection of Personal Information

We implement a variety of security measures to maintain the safety and confidentiality of your personal information. These include:

Encryption via Secure Socket Layer (SSL) technology for sensitive data transmission
Strong password protocols on all computers and mobile devices
Physical security measures for paper and electronic records
Secure data transfer methods for both paper and electronic information
Anonymization or encryption of sensitive data before transmission
Regular security audits and vulnerability assessments
Employee training on data protection and privacy best practices

2.4 Retention and Destruction of Personal Information

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, including to comply with legal, regulatory, and accounting obligations. When your information is no longer needed, we ensure its secure destruction by:

Physically destroying the hardware containing the data
Erasing or overwriting data to prevent any unauthorized recovery
Using certified data destruction services for bulk data deletion

3. Consent for SMS and Email Communications

By providing a telephone number and submitting forms on our Site, you consent to receiving SMS text messages from us. Message and data rates may apply. You can reply “STOP” at any time to opt-out of further messaging. By providing your email address, you consent to receive our marketing and promotional emails. You may unsubscribe at any time via the unsubscribe link included at the bottom of each email.

3.1 SMS Campaigns

Our SMS campaigns comply with all applicable laws and regulations, including those set forth by the Canadian Radio-television and Telecommunications Commission (CRTC) and the Telephone Consumer Protection Act (TCPA) in the United States. When you provide your phone number, you acknowledge and agree to the following:

You are the owner or primary user of the phone number provided
You consent to receive SMS messages from iWEBAPP Agency Inc.
Message frequency may vary based on your interaction with our services
Message and data rates may apply as determined by your wireless carrier
You can opt-out at any time by replying “STOP” to any of our messages
For help or support, you can reply “HELP” to any of our messages

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

4. Disclosure of Personal Information

We do not sell, trade, or otherwise transfer your personally identifiable information to outside parties except under the following circumstances:

To trusted third parties who assist us in operating our website, conducting our business, or servicing you, provided that these parties agree to keep your information confidential
When necessary to comply with the law, enforce our site policies, or protect our rights or the rights, property, or safety of others
Non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other purposes

5. Third-Party Links and Services

Our Site may contain links to third-party websites or utilize third-party services. These linked sites and services have separate and independent privacy policies and terms of service. We have no responsibility or liability for the content and activities of these linked sites or services. However, we strive to protect the integrity of our Site and welcome any feedback about these links or services.

6. Children’s Online Privacy Protection

We prioritize the protection of children’s privacy. We do not knowingly collect or solicit personal information from children under the age of 13. If we learn that we have collected personal information from a child under 13, we will delete that information promptly. If you believe we might have any information from or about a child under 13, please contact us using the information provided in Section 13.

7. Your Rights

Under applicable data protection laws, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA) and the General Data Protection Regulation (GDPR), you have the following rights:

Right to access your personal data
Right to request correction of inaccurate or incomplete data
Right to request deletion of your personal data
Right to object to or restrict the processing of your data in certain circumstances
Right to data portability, where applicable
Right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal

To exercise any of these rights, please contact us using the information provided in Section 13.

8. Cookies

Cookies are small text files placed on your device to help our Site provide a better user experience. We use the following types of cookies:

Strictly Necessary Cookies: Essential for the operation of our Site
Analytical/Performance Cookies: Help us recognize and count visitors and see how they move around the Site
Functionality Cookies: Allow the Site to remember your preferences and personalized features
Targeting/Advertising Cookies: Used to deliver relevant advertisements and track ad campaign performance
Third-Party Cookies: Used by advertising networks and external service providers, over which we have no direct control

You may block cookies by adjusting your browser settings. However, blocking all cookies may impact your ability to access certain parts of our Site. For more information about the cookies we use, please refer to our Cookie Policy.

9. Compliance with Law

We comply with applicable data protection laws and regulations, including but not limited to:

The Personal Information Protection and Electronic Documents Act (PIPEDA)
The General Data Protection Regulation (GDPR)
Canadian Anti-Spam Legislation (CASL)
California Consumer Privacy Act (CCPA), where applicable
Accessibility for Ontarians with Disabilities Act (AODA)
Web Content Accessibility Guidelines (WCAG) 2.1 Level AA

We are committed to ensuring our Site and services are accessible to all users, regardless of abilities or disabilities.

10. Data Security

We implement various security measures to protect your personal data:

Secure servers with regular security updates and patches
Strong password protocols and multi-factor authentication
Encryption of sensitive data both in transit and at rest
Regular security audits and penetration testing
Employee training on data security best practices
Limited access protocols based on the principle of least privilege
Incident response plan for potential data breaches

11. Breach of Privacy

In the event of a privacy breach involving unauthorized access, loss, or theft of your personal information, we will take the following steps:

Contain the breach and conduct a preliminary assessment
Evaluate the risks associated with the breach
Notify affected individuals and relevant authorities as required by law
Provide clear instructions and support for affected individuals
Conduct a thorough investigation and implement preventive measures
Review and update our security protocols as necessary

12. Changes to Our Policy

We may update our Terms and Conditions and Privacy Policy from time to time. Changes will be posted on this page with an updated effective date. We encourage you to review our Terms periodically for any changes. Your continued use of the Site after we post any modifications to the Terms will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

13. Contact Information

If you have any questions about our Terms and Conditions or Privacy Policy, or if you wish to exercise any of your rights regarding your personal information, please contact us at:

Email: info@iwebapp.ca
Telephone: +1 613-879-5266
Mail: iWEBAPP Agency Inc., 115 Penfield Dr, Ottawa, Ontario K2K, Canada

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Ontario, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and iWEBAPP Agency Inc. regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

17. Intellectual Property

All intellectual property rights in the Site and the materials on the Site, including without limitation copyright, design rights, patents, inventions, know-how, trade secrets, trademarks and service marks, trade names, and all other intellectual property rights (whether registered or unregistered) belong to iWEBAPP Agency Inc. or its licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use any content from our Site in any way except for your own personal, non-commercial use.

18. Service Level Agreement (SLA)

iWEBAPP Agency Inc. commits to providing services with a 99.9% uptime guarantee. Response times for support queries will be within 24 hours. Specific project delivery timelines will be outlined in individual client contracts.

19. Non-Disclosure Agreement (NDA)

By using our services, you agree not to disclose any confidential information shared during the course of our business relationship. This includes, but is not limited to, business strategies, client lists, pricing information, and proprietary methodologies.

20. Limitation of Liability

To the fullest extent permitted by applicable law, iWEBAPP Agency Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

Your access to or use of or inability to access or use the services;
Any conduct or content of any third party on the services;
Any content obtained from the services; and
Unauthorized access, use, or alteration of your transmissions or content.

21. Content Ownership

Unless otherwise specified in a separate agreement, all content created by iWEBAPP Agency Inc. for the client becomes the property of the client upon full payment for services rendered. However, iWEBAPP Agency Inc. retains the right to use this content in its portfolio, subject to client approval.

22. Termination

iWEBAPP Agency Inc. reserves the right to terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the services will immediately cease. If you wish to terminate your agreement with iWEBAPP Agency Inc., you may simply discontinue using the services. All fees paid up to the date of termination are non-refundable except as expressly provided in these Terms or required by applicable law.

23. Indemnification

You agree to indemnify, defend, and hold harmless iWEBAPP Agency Inc., its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

24. Payment Terms

Payment for services rendered by iWEBAPP Agency Inc. is due according to the payment schedule outlined in your individual contract or invoice. We accept payment via credit card, bank transfer, and other methods as specified. Late payments may incur additional fees. For ongoing services, we may require automatic recurring payments. You are responsible for providing accurate and current payment information.

25. Force Majeure

iWEBAPP Agency Inc. shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

26. Dispute Resolution

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Ottawa, Ontario, using the English language in accordance with the Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

27. Portfolio Rights

Unless explicitly agreed otherwise in writing, iWEBAPP Agency Inc. reserves the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles, and in books about web design. Client agrees to allow iWEBAPP Agency Inc. to retain a credit and link within the footer of the website.

28. Subcontractors

iWEBAPP Agency Inc. reserves the right to hire subcontractors to assist with the completion of projects. Any subcontractors will be bound by the same confidentiality and quality standards as our in-house team.

29. Project Delays and Client Responsibilities

Any delay in the completion of a project caused by the client’s failure to provide necessary materials, information, or feedback in a timely manner may result in a delay in the project timeline. iWEBAPP Agency Inc. is not responsible for such delays and reserves the right to renegotiate deadlines and pricing in such cases.

30. Accessibility

iWEBAPP Agency Inc. strives to ensure that all websites and digital products we create are accessible to users with disabilities. However, maintaining accessibility after handover is the client’s responsibility unless ongoing maintenance services are contracted.

31. Data Backups

While we implement best practices for data security and backup, clients are ultimately responsible for maintaining their own backups of any data or content related to their projects.

32. Third-Party Applications and Services

iWEBAPP Agency Inc. may recommend or use third-party applications or services in the course of project delivery. While we select these services carefully, we are not responsible for their performance or any changes to their terms of service.

33. Client Confidentiality

iWEBAPP Agency Inc. agrees to keep confidential any client information that is not publicly available. This includes business strategies, customer lists, unpublished materials, and any other information marked as confidential.

34. Revision and Approval Process

Projects typically include a set number of revisions as specified in the project contract. Additional revisions may incur extra charges. Final approval of deliverables is the client’s responsibility, and once approval is given, any further changes may be treated as a new project.

35. Legal Compliance of Content

Clients are responsible for ensuring that any content they provide for use in their projects complies with all applicable laws and regulations, including but not limited to copyright laws, privacy laws, and advertising standards.

36. Warranties

iWEBAPP Agency Inc. warrants that the services will be performed in a professional and workmanlike manner in accordance with generally recognized industry standards. Your exclusive remedy for any breach of this warranty shall be the re-performance of the services.

37. Limitation of Remedies

In no event shall iWEBAPP Agency Inc. be liable for any lost profits, data loss, cost of procurement of substitute goods or services, or any special, indirect, incidental, punitive, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise.

38. Acceptance of Terms

By using the services of iWEBAPP Agency Inc., you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. If you do not agree to these Terms and Conditions, you should not use our services.

Last updated: August 6, 2024