Webryk Studio General Terms and Conditions

1. Merchant identification

Webryk Studio is operated by Abdoullah Hajji, doing business as Studio Webryk / Webryk Studio.

Address: 5 - 890 rue Bertrand, Sherbrooke, Quebec J1H 2Z9, Canada. Phone: 873 888-1347. Email: [email protected]. Website: www.webryk.ca.

For applicable laws, a client is a consumer when the contract is entered into between a consumer and a merchant within the meaning of Quebec’s Consumer Protection Act.

2. Definitions

In these terms and in any contract that refers to them, the following meanings apply.

• Client: the individual or legal entity identified in the applicable service contract.
• Services: the services described in the applicable service contract.
• Deliverables: concrete items delivered, such as mockups, web pages, files, configurations or reports.
• Project: a one-time mandate with defined deliverables and a timeline.
• Recurring services: ongoing services billed periodically.
• Business day: Monday to Friday, excluding Quebec public holidays.
• Confidential information: any non-public information disclosed by one party to the other under the contract.
• Pre-existing IP: tools, templates, components, libraries, methods, scripts, frameworks and elements developed independently of the contract.
• Client content: texts, images, logos, marks, videos, accesses, credentials and information supplied by the client.
• Scope: all tasks, deliverables and features expressly described in the applicable contract.
• Change request: any request that modifies, adds to or expands the initially agreed scope.

3. Contract language

The French version of the contract is drafted and provided to the client first. The client receives the French version before choosing to be bound by a version in another language.

If the client wants to be bound by an English version, the client must expressly confirm this in writing after receiving the French version. Webryk Studio keeps proof of this consent when applicable.

No fee is charged for the French version. If there is a difference between versions, the interpretation most favourable to the consumer prevails.

4. Electronic contract and consent

The client agrees to enter into the contract remotely and to receive contractual documents on a durable technological medium, including PDF email or download link.

Before acceptance, Webryk Studio gives the client an express opportunity to accept or refuse the proposal and to correct any error regarding contact details, selected package or amounts.

Webryk Studio sends a complete copy of the contract within 15 days after it is entered into.

5. Intellectual property and licences

Client content remains the client’s property. The client guarantees that they hold the required rights to that content and releases Webryk Studio from claims related to third-party rights violations.

Webryk Studio’s pre-existing IP remains its exclusive property. Subject to full payment, the client receives a non-exclusive, non-transferable and perpetual licence to use the pre-existing IP integrated into the deliverables only to operate the delivered website.

Custom files and designs become the client’s property after full payment. Before full payment, Webryk Studio keeps the rights to the deliverables.

Webryk Studio may reuse generic elements, methods, components or blocks that are not client-specific, without disclosing confidential information.

Webryk Studio may display the project in its portfolio, including screenshots, logo and description, unless the client explicitly refuses in writing when entering into the contract.

6. Client obligations

The client cooperates in good faith so Webryk Studio can provide the services.

• Provide accesses, content, visuals and information within the agreed timelines.
• Respond to approval requests within the required timelines.
• Ensure that all supplied content is accurate, lawful and respects copyright.
• Obtain required consents for photos, testimonials, logos, marks and other content.
• Any client delay results in an equivalent timeline extension, without liability for Webryk Studio.
• After 15 days of delay, Webryk Studio may send a written reminder. If the delay exceeds 30 consecutive days despite that reminder, the project may be considered abandoned.

7. Webryk Studio obligations

Webryk Studio agrees to provide the services with reasonable care, skill and diligence, according to the scope described in the applicable contract.

Services are provided remotely unless otherwise agreed in writing.

8. No business outcome guarantee

Webryk Studio aims for the best possible results within the agreed services, but does not guarantee any specific business outcome, including sales, revenue, Google rankings, traffic or conversion rate.

Business results depend on many external factors outside Webryk Studio’s control. Webryk Studio has an obligation of means, not an obligation of result.

9. Limitation of liability

To the extent permitted by applicable law, Webryk Studio is not liable for indirect, special, incidental or consequential damages, such as lost profits, data loss, business interruption or loss of clientele, except in cases of intentional fault or gross negligence.

For business clients, Webryk Studio’s total cumulative liability is limited to the amounts actually paid by the client under the applicable contract during the 12 months before the event giving rise to the claim.

For consumers, this limitation does not apply in cases of intentional fault or gross negligence and does not limit mandatory legal rights.

Nothing in these terms limits mandatory consumer rights or excludes Webryk Studio’s liability where the law does not allow it.

10. Confidentiality

Each party protects the other party’s confidential information and does not disclose it without written authorization, unless the information has become public without fault of the receiving party or disclosure is required by law.

This obligation survives the end of the contract for two years.

11. Force majeure

Neither party is responsible for a delay or failure caused by an event beyond its reasonable control, including a major Internet outage, disaster, critical supplier interruption, cyberattack not caused by the party’s negligence, government decision or pandemic.

The affected party notifies the other as soon as reasonably possible. If the event lasts more than 60 days, either party may terminate without penalty.

12. Governing law and jurisdiction

These terms and any service contract that refers to them are governed by the laws in force in the province of Quebec and by the applicable laws of Canada.

Any dispute relating to their interpretation, performance or validity falls under the courts of the judicial district of Sherbrooke, subject to mandatory remedies and protections available to consumers under public order laws.

13. Dispute resolution and complaints

In case of a dispute, the client first contacts Webryk Studio at [email protected]. Webryk Studio will respond within 10 business days.

If the dispute continues, the parties agree to try mediation in good faith before going to court.

This process does not prevent the client from contacting Quebec’s Office de la protection du consommateur or the competent courts.

14. Severability

If a clause is found invalid by a court, the remaining clauses continue to apply.

15. Changes to the general terms

Webryk Studio may update these terms by giving 30 days’ written notice. The notice describes the change and its effective date.

If a change significantly increases the client’s obligations or reduces Webryk Studio’s obligations, the client may refuse it and terminate a recurring services contract without fees or penalty within 30 days after the change takes effect.

Minor changes that benefit the client, such as free feature additions or service improvements, may be made without formal notice.

For ongoing one-time projects, the version in effect when the contract was entered into applies until the project ends. No retroactive change applies.

16. Entire agreement

These terms, the applicable service contract and any signed addendum form the entire agreement. No verbal statement changes the agreement unless confirmed in a written addendum signed by both parties.

If these general terms conflict with a specific contract, the specific contract prevails.

17. Consumer cancellation rights

This article applies only when the client is a consumer and the contract is entered into remotely within the meaning of Quebec’s Consumer Protection Act.

The consumer client may cancel the contract without fees or penalty in the cases provided by law, including when certain form or information requirements for remote contracts are not met, when the contract copy is not sent within the applicable timeline, or when the main obligation is not performed within the applicable timeline.

Cancellation takes effect when the client sends written notice to [email protected]. Subject to applicable rules, Webryk Studio refunds amounts paid within 15 days after cancellation.

When services have already started, Webryk Studio may keep or claim an amount corresponding to work already completed and reasonable expenses incurred, calculated on a prorated basis, to the extent permitted by the Consumer Protection Act.

18. Protection of personal information

Webryk Studio collects, uses, communicates, stores and protects personal information in accordance with Quebec’s Act respecting the protection of personal information in the private sector, as amended in particular by Law 25, and other applicable rules.

Subject to legal exceptions, the client may request access to their personal information, correction of that information, withdrawal of consent or deletion where the law allows it.

Unless a legal obligation requires otherwise, Webryk Studio keeps personal information for a maximum of seven years after the end of the contract or the last service delivery, whichever is later, then destroys or reasonably anonymizes it.

Webryk Studio may rely on suppliers or subcontractors for certain processing activities, including hosting, backups or support tools, when appropriate security and confidentiality measures are in place.

To exercise rights or ask a question about personal information, the client may write to [email protected]. Webryk Studio will respond within a reasonable time, in accordance with applicable laws.