Terms and Conditions
Welcome to hoski.ca. These Terms govern your access to and use of our website, services, products, and related tools. By using our Services, you agree to these Terms.
1. Services Provided
Hoski provides services including but not limited to:
- Website and application design and development
- Branding, graphic design, and creative services
- Digital marketing, SEO, and campaign management
- Consulting, strategy, and related professional services
2. Eligibility
- You must be at least 18 years old
- Legally able to enter into a binding contract
3. Client Responsibilities
- Provide accurate project information
- Deliver required assets on time
- Review and provide feedback promptly
- Ensure rights to any materials submitted
4. Fees, Payments & Billing
- Payments are due upon invoice
- Late payments may incur fees
- Deposits or retainers may be required
- Client covers third-party costs (ads, hosting, etc.)
5. Intellectual Property
5.1 Client Materials
You retain ownership of all assets provided to us.
5.2 Project Deliverables
- Final deliverables belong to the client after full payment
- Hoski retains ownership of drafts, internal tools, or frameworks
- Hoski may showcase completed work unless prohibited in writing
5.3 Third-Party Content
Fonts, stock photos, or licensed materials may carry third-party terms.
6. Revisions & Scope Changes
Revisions included will be outlined in your SOW. Work beyond scope is billed at standard rates.
7. Timeline
Timelines depend on both parties. Hoski is not liable for delays caused by:
- Client feedback delays
- Scope changes
- Third-party provider issues
- Technical limitations
8. Confidentiality
Both parties agree to keep non-public project information confidential, except in cases where it is already public.
9. Warranties & Disclaimers
Hoski provides services on an “as-is” basis and does not guarantee:
- Marketing results
- Error-free or uninterrupted service
- Performance of third-party platforms
10. Termination
Either party may terminate with written notice.
- Completed work must be paid for
- Deposits are non-refundable unless stated
- Hoski may withhold deliverables until invoices are paid
11. Limitation of Liability
Hoski is not liable for:
- Lost profits
- Business interruption
- Loss of data
- Indirect or consequential damages
12. Website Use
Users agree not to:
- Violate laws
- Attempt to breach security
- Copy or redistribute content
- Interfere with website operations
13. Privacy
Your use of our Services is governed by our Privacy Policy.
14. Messaging and Communications
By providing your phone number and submitting a form on our Site, you agree that Hoski may contact you by phone and text message regarding your inquiry and any appointment you book, including scheduling and reminders. Message frequency varies. Message and data rates may apply. Reply STOP to opt out of texts at any time, or HELP for help. Mobile information and SMS opt-in data will not be shared with third parties or affiliates for marketing purposes. For more detail on how we handle your information, see our Privacy Policy.
15. Dispute Resolution; Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
- (a) Informal Resolution. Before starting an arbitration, you agree to first contact us at [email protected] with a written description of the dispute and your contact information, and to allow 30 days for us to try to resolve it informally.
- (b) Agreement to Arbitrate. If the dispute is not resolved, you and Hoski agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any communications you receive from us, including phone calls, text messages, and emails, shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its then-current rules. For users in the United States, this arbitration agreement is governed by the Federal Arbitration Act. Judgment on the award may be entered in any court of competent jurisdiction.
- (c) Class Action Waiver. You and Hoski agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.
- (d) Exceptions. Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property rights.
- (e) Opt-Out. You may opt out of this arbitration agreement and class action waiver by sending written notice to [email protected] within 30 days of first accepting these Terms. The notice must include your name, the relevant phone number or email, and a clear statement that you wish to opt out of arbitration. If you opt out, neither party is bound by this section.
- (f) Severability. If the Class Action Waiver in subsection (c) is found unenforceable as to a particular claim, that claim shall proceed in court, but the rest of this section remains in effect.
16. Governing Law
These Terms follow the laws of the Province of Quebec and Canada.
17. Updates to These Terms
We may update these Terms anytime. Using our Services means acceptance of changes.