Service Agreement

The parties to this Agreement are Awakening Aesthetics Inc., a private corporation incorporated in Canada and carrying on business under the operating name “Aesthetic Website Designs”, and the Client identified at checkout. If you accept this Agreement on behalf of a company, you represent that you are authorized to bind that company. You must be at least 18 years old and have the legal capacity to contract.

This Agreement incorporates by reference our Refund Policy and Privacy Policy, together with the plan description and any add-ons shown on your order at checkout (the “Order”). Together these documents form the entire agreement between the parties.

AWD will provide the website design, development, hosting, maintenance, SEO care, support and add-on services described in the plan purchased (Foundation, Growth, Scale, Enterprise ECommerce, monthly-only plans, and any purchased add-ons). The scope of work is the scope published for that plan on the day of purchase, together with anything expressly agreed in writing by AWD.

Work outside that scope (new pages, new features, redesigns, integrations, migrations, or additional properties) is a change order and is quoted and billed separately. Timelines are estimates and depend on your timely delivery of content, approvals, access credentials and feedback. Delays caused by the Client extend all delivery dates accordingly.

Plans consist of a one-time setup fee and a recurring monthly subscription, as shown at checkout. Monthly-only plans consist solely of the recurring subscription. All prices are in Canadian dollars unless stated otherwise, and are exclusive of applicable taxes (GST/HST/PST or QST), which are added where required by law.

Authorization. You authorize AWD and its payment processor to charge the payment method you provide for the setup fee, the recurring monthly subscription, any add-ons, applicable taxes and any approved change orders, on a recurring basis until cancelled in accordance with this Agreement. You must keep a valid payment method on file for the entire term of service.

Subscriptions renew automatically each month on the anniversary of your purchase date. We may adjust pricing on renewal with at least thirty (30) days’ prior notice by email; your continued use after the notice period constitutes acceptance.

To keep your domain, website and services active, your monthly invoices must be paid. If a payment fails, is declined, is reversed, or is otherwise not received, you have thirty (30) calendar days from the invoice date to pay the invoice in full and keep your account active, including any and all services agreed upon on the day of purchase.

If the account remains delinquent after the 30-day cure period, AWD may, without further notice and without liability: suspend or terminate the services; take the website offline; disable hosting, DNS, mailboxes, integrations and add-ons; cease domain management and allow a domain to lapse or transfer back to you at your cost; and withhold deliverables until payment in full is received. Overdue amounts bear interest at 1.5% per month (19.56% per annum) from the due date, and you are responsible for reasonable collection and legal costs.

Reactivation after suspension requires payment of all outstanding balances and may require a reinstatement fee. Data on suspended accounts may be deleted thirty (30) days after termination.

All fees are non-refundable and all sales are final, including setup fees, monthly subscriptions (in whole or in part), add-ons and third-party costs. See the Refund Policy, which forms part of this Agreement. Cancellation stops future renewals only.

This Agreement begins on the date of your first purchase and continues month to month until cancelled. You may cancel at any time through your client portal or by emailing support@aestheticwebsitedesigns.com; cancellation takes effect at the end of the current paid billing period.

AWD may terminate or suspend this Agreement immediately for non-payment beyond the cure period, breach of this Agreement, unlawful or abusive conduct, or use of the services for prohibited content. On termination, all licences to use hosted software, templates and hosted infrastructure end, and any recurring services stop.

• Provide accurate business, billing and contact information and keep it current.
• Supply content, images, logos, product data and approvals in a timely manner.
• Ensure you own or are licensed to use all materials you provide to us.
• Keep account credentials secure; you are responsible for activity under your account.
• Comply with all applicable laws, including CASL for any email or SMS marketing we enable for you.
• Not resell, copy or redistribute our systems, templates or code outside your own business.

You retain ownership of all content, trademarks and materials you supply, and you own your custom domain name 100% at all times. Your domain is registered in your name and stays yours whether or not you continue with AWD.

By working with AWD you are partnering with our system and technology. Upon full payment of the applicable setup fee and while your account is in good standing, AWD grants you a non-exclusive, non-transferable licence to use the website we build for your business and to run it inside the AWD platform — our hosting, software, optimization, security and integration stack.

Our businesses work together: your active subscription is what keeps your website fully operational, optimized, updated, monitored and integrated with our technology. If the subscription lapses and is not cured within the period described in the billing section, access to the platform and the site running on it may be suspended or removed. Your domain, content and brand assets always remain yours.

AWD retains ownership of all pre-existing and underlying intellectual property, including frameworks, templates, components, code libraries, design systems, software, tooling, integrations, processes and know-how used to build and operate your site. Nothing in this Agreement transfers that property. Full transfer or export of custom source code, where offered, is available only by separate written agreement and may carry an additional fee.

AWD may display your project, brand and results in its portfolio and marketing unless you request otherwise in writing.

Our services rely on third parties, including payment processing, hosting, domain registration, DNS, email delivery, analytics and AI providers. Those services are governed by their own terms. AWD is not responsible for outages, pricing changes, policy changes or discontinuation by third parties, and does not store your full card details at any time — payments are handled by our PCI-compliant payment processor.

AWD warrants that services will be performed in a professional and workmanlike manner by qualified personnel. Except as expressly stated, the services are provided “as is” and “as available”, and AWD disclaims all other warranties, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the maximum extent permitted by law.

No guarantee of results. Search rankings, traffic, leads, conversions and revenue depend on many factors outside our control. We do not guarantee any specific ranking, placement, traffic volume or business outcome. Any figures, examples or case studies are illustrative only.

To the maximum extent permitted by law, AWD, its directors, officers, employees and contractors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost business, lost data or goodwill, even if advised of the possibility of such damages.

AWD’s total aggregate liability arising out of or relating to this Agreement or the services, whether in contract, tort (including negligence), statute or otherwise, is limited to the total amount of fees actually paid by you to AWD in the three (3) months immediately preceding the event giving rise to the claim.

You will indemnify, defend and hold harmless AWD and its personnel from and against any claims, damages, liabilities, penalties, costs and reasonable legal fees arising from: (a) content or materials you provide; (b) your use of the services; (c) your breach of this Agreement; or (d) your violation of any law or third-party right, including intellectual property and privacy rights.

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, labour disputes, government action, internet or utility failures, cyberattacks, or third-party provider outages.

Each party will keep confidential the non-public information of the other and use it only to perform this Agreement. Personal information is handled in accordance with our Privacy Policy and applicable Canadian privacy law, including PIPEDA and substantially similar provincial legislation.

This Agreement is governed by the laws of Canada and the laws of the province in which Awakening Aesthetics Inc. maintains its registered office, without regard to conflict-of-laws rules. The parties attorn to the exclusive jurisdiction of the courts of that province, subject to any non-waivable consumer protection rights available to you in your own province or territory.

Before commencing proceedings, the parties will attempt in good faith to resolve any dispute by direct negotiation for thirty (30) days after written notice.

Changes. We may update this Agreement from time to time. Material changes will be posted here with a new “last updated” date and, where they affect active clients, communicated by email at least thirty (30) days before taking effect.

Assignment. You may not assign this Agreement without our written consent. AWD may assign it in connection with a reorganization, merger or sale of assets. Severability. If any provision is held unenforceable, the remainder stays in force. Waiver. Failure to enforce a provision is not a waiver of it. Independent contractors. The parties are independent contractors; nothing creates a partnership, joint venture or employment relationship. Electronic acceptance. Clicking to accept at checkout constitutes a legally binding signature.

Awakening Aesthetics Inc. (operating as Aesthetic Website Designs)
Email: support@aestheticwebsitedesigns.com
Phone: 1-855-629-4593 (Sunday–Friday, 9:00 a.m.–5:00 p.m. Mountain Time)

Notices to you are given to the email address on your account and are deemed received the next business day.