These terms and conditions outline the rules and regulations for the use of Create Advisers' Website. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Create Advisers' website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Ontario, Canada. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

We employ the use of cookies. By using Create Advisers' website you consent to the use of cookies in accordance with Create Advisers' privacy policy. Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies. 

 Unless otherwise stated, Create Advisers and/or it’s licensors own the intellectual property rights for all material on Create Advisers. All intellectual property rights are reserved. You may view and/or print pages from http://www.createadvisers.ca for your own personal use subject to restrictions set in these terms and conditions.

⦁ Republish material from http://www.createadvisers.ca

⦁ Sell, rent or sub-license material from http://www.createadvisers.ca

⦁ Reproduce, duplicate or copy material from http://www.createadvisers.ca

⦁ Redistribute content from Create Advisers (unless content is specifically made for redistribution).

This Agreement shall begin on the date hereof.

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Create Advisers does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Create Advisers, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Create Advisers shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. Create Advisers reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

 You warrant and represent that:

   

⦁ You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

⦁ The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

⦁ The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;

⦁ The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to Create Advisers a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

The following organizations may link to our Web site without prior written approval:

   

⦁ Government agencies;

⦁ Search engines;

⦁ News organizations;

⦁ Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

⦁ Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

  We may consider and approve in our sole discretion other link requests from the following types of organizations:

   

⦁ commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;

⦁ dot.com community sites;

⦁ associations or other groups representing charities, including charity giving sites, online directory distributors;

⦁ internet portals;

⦁ accounting, law and consulting firms whose primary clients are businesses; and

⦁ educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

 These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@createadvisers.ca.

Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

⦁ By use of our corporate name; or

⦁ By use of the uniform resource locator (Web address) being linked to; or

⦁ By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of Create Advisers' logo or other artwork will be allowed for linking absent a trademark license agreement.

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

 We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

 Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

 To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will:

⦁ limit or exclude our or your liability for death or personal injury resulting from negligence;

⦁ limit or exclude our or your liability for fraud or fraudulent misrepresentation;

⦁ limit any of our or your liabilities in any way that is not permitted under applicable law; or

⦁ exclude any of our or your liabilities that may not be excluded under applicable law.

 The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: 

(a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or

in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 If you’re not completely satisfied within your first 30-days of using our service and it’s our fault, we will issue you a refund. An exception applies to annual plan subscribers and media production. This exception allows a partial refund of the annual rate but not for media production. Such amount is determined after Create Advisers completes a fair assessment of the claim.

 Monthly plan subscribers may cancel their service at anytime by contacting us in writing via email. After the first 30-days of service, payment is still due in full regardless if you cancel on the second or last day of that 30-day period. It is recommended to cancel your plan only near the end of the 30-day period.

 Yearly plan subscribes may cancel their service with 30-days’ notice by contacting us in writing via email. If a project is ongoing, we reserve the right to cancel it immediately. The yearly plan subscriber will incur cancelation fees and will still be liable for any future due or outstanding costs of labor, materials etc.

 Create Advisers reserves the right to cancel all agreements created by us or you regarding the use of our services at any time with or without just cause. 

 If you have any questions regarding any of our terms, please contact us.

1. Create Advisers is in the business of creating digital media productions, custom website designs, providing web hosting, internet marketing, ongoing maintenance and related services. Client wishes to utilize the services of Create Advisers for this purpose as well as for other related services as set forth below.

In consideration of the foregoing and the mutual promises contained herein, Create Advisers and Client agree as follows:

1. Engagement of and Payment to Create Advisers. Client hereby agrees to engage and pay Create Advisers for the services to be provided as set forth in Exhibit A (“Services”) which is attached hereto and is incorporated herein by this reference. All payment shall be due and payable within 5 days of the date of Create Advisers invoice. Past due payments shall bear interest at the rate of 1.5% per month from the due date. 

2. Property Rights. Upon final payment of the Services, ownership of the completed assembled website including website design, graphics, text, and the html source code, shall be transferred to Client. Any assembled video or graphic design will be transferred to Client. Rights to stock photographs, videos, music, other source codes and computer programs are specifically not transferred to Client, and remain the property of their respective owners.

3. Warranties and Representations. Client acknowledges and agrees that Create Advisers has no control of changing external economic and social factors that can affect Client’s business, and that any of the services and products that Create Advisers provides cannot and will not guarantee that Client’s sales, revenue, income, or business activity will increase.

4. Start and Completion of Services. Client acknowledges that Create Advisers’ start and completion of the Services are dependent upon Client providing materials including but not limited to text, images, videos, and any special input and instructions regarding said content, (collectively, “Content”), including timely approvals from Client. Client agrees to provide Create Advisers with all Content needed to complete the Services within thirty (30) days of any request from Create Advisers. Any delay by Client will affect the completion of the Services. In the event that Client does not timely provide Create Advisers with the requested Content, Client agrees that Create Advisers may use filler content of Create Advisers’ choosing to complete the Services. In the event of any such delay by Client, Client agrees to be responsible for Create Advisers’ fees and any additional costs incurred for any additional work required to be done by Create Advisers. All additional work necessitated by Client’s delay shall be billed at the rate of $130 per hour. Client acknowledges that Create Advisers is not responsible and agrees to hold Create Advisers harmless for any delays or damages resulting from Client’s failure to make such submissions in a timely manner. 

5. Meetings and Approvals. Client agrees to meet with Create Advisers as required by Create Advisers until the project is completed. Milestone approvals and sign-offs must be responded to within dates specified by Create Advisers. A non-response by Client to a requested approval or sign-off shall constitute that milestone or sign-off is approved by Client.

6. Changes/Additions to Agreed upon Services. In the event Client wishes to make changes to any work by Create Advisers that has already been approved and accepted by Client including, but not limited to, design, graphics, text, layout of a site, SEO or campaign strategy, or, if in the opinion of Create Advisers, any item of work requested by Client is not within the scope of Exhibit A, Clients agrees to pay Create Advisers at the hourly rate of $130 per hour in addition to any costs incurred by Create Advisers.

7. Electronic Commerce. Client understands and acknowledges that from time to time, that province, Federal, and local laws and regulations may change, to include taxes, assessments, tariffs and levies which pertain to internet electronic commerce. Client agrees that Client is solely responsible for compliance with any and all laws and regulations and is responsible for all taxes, assessments, tariffs, and levies.

8. Assignment of Project. Create Advisers reserves the right to assign subcontractors to this project. At the sole discretion of Create Advisers, work produced by subcontractors may be protected under signed confidentiality agreements and shall remain the property of Create Advisers.

9. Conditions Affecting Performance. Certain conditions beyond the control of Create Advisers may affect Create Advisers’ ability to perform obligations provided for under this Agreement. These conditions may include, but are not limited to, labor shortages, internet outages, change in supported technologies, Acts of God or circumstances or causes beyond the control of Create Advisers. Create Advisers shall not be liable for and Client agrees to hold Create Advisers harmless for any delays, cancellations, or terminations that result in damages of any kind to Client as the result of any such conditions or circumstances.

10. Use of Clients Materials. Should Create Advisers, upon Client’s written request, verbal instruction or delivery of materials, utilize Client’s materials which may include, but are not limited to, photographs, text, software, code, copyrighted material and/or materials that may be owned by third parties (“Client’s Materials”), Client acknowledges and agrees that neither Create Advisers nor its employees, agents or anyone acting on its behalf have made any representation to Client regarding Client’s entitlement to use Client’s Materials. Client acknowledges and agrees that Client has relied on its own investigation to establish whether Client is entitled to use Client’s Materials. Client agrees to defend, indemnify and hold Create Advisers, its employees, agents or anyone acting on its behalf harmless from any and all claims of any kind including, but not limited to, all lawsuits for damages, royalties, penalties, interest, legal fees, expert fees and court costs of any kind (“Claims”) arising out of, related to, or alleged to arise out of or relate to any use of Client’s Materials unless such Claims are due to Create Advisers’ gross negligence or intentional misconduct.

11. No Hire of Employees/Subcontractors. Client agrees that Client shall not solicit in an attempt to hire, hire or contract directly with any employee employed by Create Advisers nor any independent contractor who provides service for Create Advisers for the same or similar services provided by Create Advisers.

12. Final Product Testing. Client agrees that Client shall test the functionality of any created media by Create Advisers to ensure that it is working pursuant to the Client’s needs before it is used for Client’s business or other related purposes. If Client discovers that any created media is not functioning properly, Client shall immediately notify Create Advisers in writing. Client agrees that if Client fails to test the functionality of any created media and suffers damages as a result, Client shall hold Create Advisers harmless from any and all damages of any kind suffered by Client.

13. Attorney’s Fees, Costs, Venue and Governing Law. In the event any dispute arising between the Parties results in the filing of a lawsuit, the prevailing party, as determined by a Court of competent jurisdiction, shall be entitled to an award of its reasonable attorney's fees and taxable costs. Venue for all disputes related to or arising out of this Agreement is proper only in Toronto, Ontario. This Agreement shall be governed by the laws of the Province of Ontario.

14. Mediation. Before any lawsuit is filed, the Parties to this Agreement must engage in a total of four (4) hours of mediation unless the Parties agree in writing otherwise. If the mediator cannot be agreed upon by the Parties, then each Party will select one mediator and those mediators shall agree upon one mediator to preside over the matter. The presiding mediator’s fees shall be split equally between the Parties.

15. Invalid Provisions. If any provision of this Agreement is held to be illegal, invalid or unenforceable, such provisions shall be fully severable.