Legal
Customer Agreement
Last updated: May 26, 2026
1. Parties
This Customer Agreement (“Agreement”) is entered into between Noircraft.ca, a business operating in Toronto, Ontario, Canada (“Noircraft.ca,” “we,” or “us”), and the subscribing business or individual (“Client” or “you”) who has selected a Noircraft.ca subscription plan.
2. Services
Noircraft.ca agrees to provide website design, hosting, photography, video production, and digital marketing services as outlined in the selected subscription plan. Services vary by plan tier:
- Landing ($79/mo) — 1-page website, 8 professional photos, basic SEO, contact form.
- Starter ($149/mo) — 5-page website, 20 professional photos, Google Business setup, booking calendar, online payments, monthly content updates.
- Growth ($199/mo) — 10-page website, 30 professional photos, promo Reel, e-commerce, email marketing, social posts, bi-weekly updates.
- Pro ($299/mo) — Unlimited pages, 60 professional photos, 2 promo videos/quarter, unlimited e-commerce, subscription sales, priority support, dedicated account manager.
Noircraft.ca reserves the right to modify, add, or remove specific service components with 30 days written notice to the Client.
3. Subscription and Payment
- The Client agrees to pay the monthly subscription fee for their selected plan.
- Payments are processed automatically via Stripe on the same date each month.
- A 7-day free trial is included with all plans — no charge is made during the trial period.
- All prices are in Canadian dollars (CAD) and are subject to applicable HST (13%).
- Failed payments will result in a 3-day grace period before service suspension.
- Noircraft.ca is not responsible for third-party payment processing fees charged by the Client’s bank or card issuer.
4. Cancellation Policy
- The Client may cancel at any time through their account dashboard.
- Cancellation takes effect at the end of the current billing period.
- No refunds are issued for partial months.
- Upon cancellation the Client loses access to their website, hosting, and all platform features.
- The Client does not own the website — it is licensed as part of the active subscription. See Section 6 for full ownership details.
- Domain names purchased by Noircraft.ca on behalf of the Client may be transferred upon request for a $50 CAD transfer fee.
5. Photography and Video
- Professional photo and video shoots are scheduled within 14 days of onboarding.
- The Client must be available at their business location for the shoot at the agreed time.
- Photos and videos remain the intellectual property of Noircraft.ca but are licensed to the Client for use during their active subscription.
- Upon cancellation, the Client retains perpetual rights to any photos and videos they have downloaded from their dashboard prior to cancellation.
- Reshoots due to Client unavailability or reschedules may incur an additional fee.
6. Website Ownership
- The website built by Noircraft.ca — including its design, code, and structure — remains the intellectual property of Noircraft.ca.
- The Client is granted a non-exclusive, non-transferable licence to use the website while their subscription is active and in good standing.
- Noircraft.ca reserves the right to use Client websites, screenshots, and case studies in its portfolio, marketing materials, and sales collateral.
- Content provided by the Client (logos, copy, product images) remains the property of the Client.
7. Client Responsibilities
- The Client must provide accurate and complete business information during onboarding.
- The Client is responsible for any content they request to be added to their website.
- The Client must not use the website for illegal, defamatory, harmful, or misleading purposes, including but not limited to spam, phishing, or the promotion of prohibited goods.
- The Client must respond to communications from Noircraft.ca within 5 business days. Delays in response may result in delays to deliverables.
- The Client is responsible for maintaining the security of their account credentials.
8. Service Levels
- Website updates requested by the Client will be completed within 3–5 business days for standard plans.
- Pro plan support responses are guaranteed within 1 business day (same-day priority).
- Standard plan support responses are provided within 2–3 business days.
- Noircraft.ca targets 99.9% website uptime but does not provide a formal uptime guarantee. Scheduled maintenance will be communicated 48 hours in advance where possible.
9. Limitation of Liability
- Noircraft.ca is not liable for lost revenue, loss of data, loss of profits, or any indirect, incidental, or consequential damages arising from the use or inability to use the services.
- Maximum liability is limited to the total amount paid by the Client in the most recent calendar month.
- Noircraft.ca is not responsible for outages or disruptions caused by third-party services including but not limited to Stripe, Vercel, Supabase, Google, or internet service providers.
10. Governing Law
This Agreement is governed by the laws of the Province of Ontario and the applicable federal laws of Canada. Any disputes arising from this Agreement shall be resolved exclusively in the courts of Toronto, Ontario.
11. Changes to Agreement
Noircraft.ca reserves the right to update or modify this Agreement at any time. Changes will be communicated to the Client via email at least 30 days before they take effect. Continued use of the service after the effective date constitutes acceptance of the revised Agreement.
12. Effective Date
This Agreement is effective upon the Client completing their subscription signup, including acceptance of the trial or paid subscription via the Noircraft.ca platform. Acceptance is recorded with a timestamp in our system.
Create an account to formally accept this agreement.
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