terms & conditions
The following are the general terms and conditions of sale. Additional terms may be applicable by contract and will be specified in those custom documents from time to time. The following governs all transactions conducted by Falcon In
Purchase Orders
Falcon shall not be bound by the terms of any Purchase Order documents and any terms contained on such are now null and void. Failure of Falcon to object to any such provisions in any communication from you (without limitation) shall not be construed as acceptance of any such provisions.
Use of Personal Information
Falcon may store, use and access personal information for the completion of this project in accordance with Falcon’s Privacy Policy available on our website and which is subject to revision from time to time without notice.
Delays
Unwarranted client delays exceeding 45 days may result in continuation and carrying fees equal to 20% of this contracts value. Delays less than 45 days will extend the delivery date by the same amount of time as the delay.
Warranty
Falcon does not warrant the product of any project; the results of any marketing activities; the functions contained in any website or that the net results of this project will meet your requirements or expectations. Further, Falcon does not warrant that any website will rank within any search engine. The maximum liability of Falcon, if any, will be the amount paid for the services rendered.
Legal
IN NO EVENT WILL FALCON INNOVATION GROUP INC.; ITS OWNERS, DIRECTORS, EMPLOYEES, ASSIGNS OR SUB-CONTRACTORS, BE LIABLE TO THE CLIENT OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS OR ANY OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF, OR INABILITY TO OPERATE, THE PRODUCTS OR SERVICES PURCHASED UNDER THIS AGREEMENT, EVEN IF THE ABOVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Assignment of Project
Falcon reserve the right to assign subcontractors to this project without prior notice or approval.
Payment Methods
Domestic remittance may be made by cheque or money order in Canadian funds drawn on a Canadian Bank and payable to: “Falcon Innovation Group” (certified where payments exceed $5000). Non-Canadian clients must remit via a major credit card (Visa, MasterCard or American Express).
Remittance Addresses
Payments may be made in person at the Falcon Innovation Centre, 490 York Road, Building D, Guelph, Ontario, Canada during regular office hours. Postal and courier payments should be forwarded to “Falcon Innovation Group Inc.”, 304 Stone Road West, Suite 518, Guelph, Ontario, Canada, N1G 4W4. Fax payment of Credit Cards (MasterCard, Visa and American Express) may be sent 24 hours a day to 519 836 8710.
Dishonoured Payments
Payments returned Not Sufficient Funds (NSF) will incur a $100.00 service charge. Future payments must be by certified cheque or credit card.
Non Payment of Fees
Overdue accounts past 45 days will accrue interest at 2.375%/month (28.5%/a); after 60 days accounts are sent to collections. Where a website component is part of this agreement, hosting and domain fees outstanding past 45 days will result in the suspension of all related services and an account reactivation fee will apply. Please pay on time.
Cancellation of Project
Cancellation requests must be received in writing within 10 days of the signing of this agreement. Time and materials consumed prior to cancellation will be payable at our current hourly rate. Cancellation of the project after ten (10) days by the client will result in the entire deposit being retained as liquidated damages.
Falcon reserves the right to cancel or postpone a project at any time without notice.
Refund Policy
All sales are final. No cash refunds will be provided, studio credit only. Overpayments made on accounts will retain credit but will not acrue interest.
Force Majeure
Falcon shall not be liable for loss or damages or delay due to causes beyond its control including but not limited to, acts of God, acts of the Purchaser, fire, strikes, lockouts or other labour disruptions, flood, epidemics, civil or military restrictions, embargoes, car shortages, wrecks, delays in transportation or inability to obtain necessary labour. In the event of any such delay the delivery shall be extended for a period equal to the time lost by reason of the delay.
