Ebda is owned and operated by Ebda Incorporated.
These are the terms and conditions for:
The following terms and conditions apply to the website and services offered by Ebda. This includes the mobile and tablet versions as well as any other version of Ebda accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROM EBDA AGENCY.
1. Acceptance of terms
This agreement sets forth legally binding terms for your use of Ebda. By using the website and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the website and services. We may modify this agreement from time to time, and such modification shall be effective upon posting on the website. You agree to be bound by any modifications to these terms and conditions when you use the website and the services offered on the website after such modification is posted on the website; therefore, it is important that you review this agreement regularly.
The services are not directed to persons under the age of 13. Ebda does not knowingly collect information from persons under the age of 13. If you are under the age of 13, please do not submit any personal information about yourself to Ebda unless you have proper authorization from a parent or appropriate legal guardian. It is the responsibility of parents and legal guardians to determine whether any of the content and services offered on the website is appropriate for their children or minors under their guardianship.
Ebda may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the website is revoked in such jurisdictions.
The website and services may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By using the website and services, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
If you register with Ebda, you will be asked to choose a password and may be asked for additional information about your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Ebda of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Ebda’s prior authorisation. Ebda will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Ebda.
Ebda reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Ebda believes that you have breached any of these terms, provided Ebda with false or misleading information, or interfered with any other party's use of the website or service.
3. Notifications and newsletter
By providing Ebda with your email address and telephone number, you agree that we may use your email address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving emails regarding our services, important news and special content.
Ebda offers the following services:
- Web design and SEO
- Converting designs to Webflow
Services can be contracted through monthly billing packages, see our packages on the website or through our contact information.
Material provided by the client during the creation and design of the website will not be returned or retained unless requested by the client. Copyright in material supplied by the client is the sole and exclusive responsibility of the client. The customer is responsible for having the rights or licenses to use and publish such material on the website.
Work produced by Ebda in connection with websites created for clients may be included in our portfolio and website, unless otherwise indicated by the client.
Ebda may cancel any service and may change or discontinue the availability of services at any time at its sole discretion.
Users may book a 30-minute call through the website. Please confirm the time and date of the call before booking a call. Users may also request information about our services through our contact information.
Ebda offers the following packages:
- Webflow development
- Build a new website
- Unlimited designs + Webflow
Packages are invoiced on a monthly basis. When a user purchases a package, he/she accepts and declares to purchase the package for the price advertised on the website at the time of purchase. Please check the price and features of each package before making a package purchase.
When a user makes a purchase of a package, Ebda will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the payment and purchase of the package. If the user does not receive the confirmation email upon purchase of the package, it is possible that the email has been sent to their spam folder.
Ebda may cancel the sale of any package and may change or discontinue the availability of packages at any time at its sole discretion. If a package purchase is cancelled, all payments made for the relevant billing period will be refunded. This does not affect your statutory rights.
Plans may include automatic recurring payments (monthly billing). You authorise Ebda to renew your package and to charge you periodically and progressively on each billing date. The billing date of the package is the date you purchase the package and make the first payment. On the relevant billing date, you will automatically be charged the relevant package fee. The package will remain active until you cancel it or we terminate it. You must cancel your package before it renews to avoid the next billing period. We will bill you for the package billing fee in the payment method you choose during registration and package purchase.
Plans will automatically renew for an additional period unless cancelled before the next billing period. To cancel packages, users must submit a cancellation request through our contact information and the package will be cancelled for the next billing period. If a package is cancelled, the user may continue to use the paid features of the services until the next billing period, at which time the package will be permanently cancelled.
Services will be paid through Stripe (payment processor available at Ebda). Services and packages will be paid according to the invoices issued by Ebda. Invoices are payable on the date indicated on the invoice.
In the case of monthly packages, you will be invoiced each month on the relevant invoice date. Packages will automatically renew unless the customer cancels the package.
We reserve the right to charge any fees we incur as a result of late or refused payments. If a payment is declined, additional charges may apply.
The price of services will be determined by the services contracted and the package selected by the customer. Upon processing a transaction or payment of an invoice, we will issue an electronic receipt which will be sent to the customer's email address.
If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorisation. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.
In the event that services charged to customers through invoices issued by Ebda are not paid by the customers by the date stated on the invoice itself, Ebda will notify the customer and give the customer 14 days to pay the amounts due. If payment is not made within this period, late payment charges may be levied and any balance due will be collected by the court.
Your payment details will be processed and stored securely and solely for the purpose of processing the purchase of services. Ebda reserves the right to engage any payment platform available on the market, which processes your data for the sole purpose of processing the purchase of services.
7. Client's materials and content
When contracting our services, the client may provide content and material. The client retains the copyright or any other rights it may have in the content and material it provides through our services. Ebda is not responsible for the accuracy, safety or legality of the content and material provided by clients through our services. You are solely and exclusively responsible for your content and material and for the consequences of including or posting such material on the websites or works provided by Ebda. By providing content and material through the services, the client grants to Ebda a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, display, perform, reproduce and modify the content and material provided by the client, for the sole and exclusive purpose of using and including it in the work performed by Ebda for its clients.
By accessing the website and the content available on the website (blog), you accept personal responsibility for the results of using the information available on the content. You agree that Ebda has not guaranteed the results of any actions taken, whether or not advised by this website or the content. Ebda provides resources and content for informational purposes only. We do not guarantee that the information available on the website is accurate, complete or updated. The content of this website is provided for general information and should not be taken as a professional advice. Any use of the material provided on this website is at your own risk.
9. Third-party materials
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
The copyright of all materials produced by Ebda, such as website designs, etc., will be transferred to the client until the client pays for the contracted services in full. Ebda reserves the right to include work produced for clients in its portfolio and to show it to potential clients.
All materials on Ebda, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Ebda or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all materials on Ebda are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Ebda prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorised attempt to modify any material, to defeat or circumvent any security features, or to utilise Ebda or any part of the material for any purpose other than its intended purposes is strictly prohibited.
11. Copyright infringement
Ebda will respond to all enquiries, complaints and claims relating to alleged infringement by breach or violation of provisions contained in Canadian and international copyright and intellectual property laws and regulations. Ebda respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on the Ebda website infringes your copyright or other intellectual property rights, please submit your request via our contact information, with the following information:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that Ebda can find it on the website.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorised by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorised to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorised to act on the copyright owner's behalf.
12. Confidential information
Information provided by our clients through our services will be treated as confidential information and will be used solely for the purpose of providing our services properly. Ebda will protect such confidential Information from disclosure to third parties by employing the same degree of care used to protect its own confidentiality or proprietary information of similar importance. If necessary to carry out a prospective business relationship, Ebda may disclose confidential information received pursuant to our services to employees and/or consultants with a need to know, provided that the consultants are obligated to protect such confidential information from unauthorised use and disclosure. Confidential information shall not be disclosed to any third party without the prior written consent of the client who is the owner of the information.
13. Personal data
14. Prohibited activities
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to Ebda or licensed to the Ebda by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the website. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- "Frame", "mirror" or otherwise incorporate any part of the services into any other websites or service without our prior written authorisation.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Ebda in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content.
- Download any content unless it’s expressly made available for download by Ebda.
15. Disclaimer of warranties
Because of the nature of the Internet Ebda provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Ebda for any loss or damage caused as a result.
Ebda will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Ebda excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Ebda and Ebda shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on the website.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
- Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorised access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Ebda.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
16. Electric communications
No responsibility will be accepted by Ebda for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, internet accessibility or availability or for traffic congestion or unauthorised human act, including any errors or mistakes.
You agree to defend and indemnify Ebda from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the services.
18. Changes and termination
We may change the website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ebda without restriction.
20. Integration clause
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the services, shall be resolved by binding arbitration between the user and Ebda, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event of a dispute arising in connection with the use of the services or the breach of these conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organisation as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Ebda may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organisation and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the website and services.
The courts of Canada shall have jurisdiction over any dispute, controversy or claim relating to Ebda and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of Canada.
22. Final provisions
These conditions are governed by the laws of Canada. Use of the website and services are not authorised in any jurisdiction that does not give effect to all of the provisions of these terms.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
23. Contact information
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below: