Terms of Service — OpalWave Digital
1. Acceptance of Terms
By accessing or engaging OpalWave Digital's services, you agree to be bound by these Terms of Service. These terms apply to all clients, visitors, and users of opalwavedigital.ca. If you do not agree, please do not use our services.
2. Services
OpalWave Digital is a Victoria, BC-based web studio offering the following services:
- Webflow Design & Development — Custom website design, development, and CMS configuration on the Webflow platform.
- Headless Shopify Builds — E-commerce store design, development, and integration using Shopify's platform.
- Automation & Integrations — Workflow automation using tools such as Make (Integromat), Zapier, and custom API integrations.
- AI Integration — Implementation of AI-powered features and tools tailored to client products and operations.
- Ongoing Retainers — Monthly support, maintenance, and growth services for existing digital products.
The specific scope of services will be defined in a separate project agreement or Statement of Work (SOW) signed between OpalWave Digital and the client.
3. Project Engagements & Payment
All projects require a signed agreement before work begins. Standard payment terms are as follows:
- A 50% deposit is required to begin any project.
- The remaining balance is due upon project completion before final files or live access are transferred.
- Retainer clients are billed monthly at the start of each billing cycle.
- All prices are in Canadian Dollars (CAD) unless otherwise stated.
- Invoices not paid within 14 days of the due date may incur a 2% monthly late fee.
4. Revisions & Scope
Each project includes a defined number of revision rounds as specified in the project agreement. Requests that fall outside the agreed scope — including new features, additional pages, or significant design direction changes — will be quoted separately and require written approval before work proceeds.
5. Intellectual Property & Ownership
Upon receipt of final payment, the client receives full ownership of all custom design assets and code produced specifically for their project. OpalWave Digital retains the right to:
- Display completed work in our portfolio and case studies.
- Reference the client relationship in marketing materials, unless otherwise agreed in writing.
Third-party assets (stock photography, licensed fonts, plugins, or platform subscriptions) are subject to their respective licensing terms and remain the responsibility of the client to maintain independently.
6. Client Responsibilities
To ensure timely project delivery, clients agree to:
- Provide all required content (copy, images, brand assets) by agreed deadlines.
- Designate a single point of contact for feedback and approvals.
- Respond to review requests within 5 business days. Delays in client feedback may affect project timelines.
- Provide accurate and truthful information about their business for use on the website.
7. Confidentiality
Both parties agree to keep confidential any non-public business information shared during the project engagement. OpalWave Digital will not share client data, project details, or proprietary processes with third parties without written consent, except where required by law.
8. Limitation of Liability
OpalWave Digital's total liability for any claim arising from our services shall not exceed the total fees paid by the client for the specific project in question. We are not liable for indirect, incidental, or consequential damages including loss of revenue, loss of data, or business interruption.
OpalWave Digital does not guarantee specific search engine rankings, conversion rates, or revenue outcomes as a result of our work.
9. Termination
Either party may terminate a project engagement with 14 days' written notice. In the event of client-initiated termination:
- Work completed to date will be invoiced and payable.
- The deposit is non-refundable once work has commenced.
OpalWave Digital reserves the right to terminate engagements immediately for non-payment, abusive conduct, or requests that violate applicable laws.
10. Governing Law
These Terms of Service are governed by the laws of the Province of British Columbia, Canada. Any disputes arising from these terms shall be subject to the exclusive jurisdiction of the courts of British Columbia.
11. Changes to These Terms
OpalWave Digital may update these Terms of Service at any time. Continued use of our services after changes are posted constitutes acceptance of the revised terms. The "Last Updated" date at the top of this page reflects the most recent revision.
12. Contact
For questions about these Terms of Service, please reach out:
- Studio: OpalWave Digital
- Location: Victoria, BC, Canada
- Website: opalwavedigital.ca
