Terms & Conditions

01

These Terms & Conditions (“Terms”) govern your access to and use of the Techcrest Marketing website and, where applicable, the baseline terms on which Techcrest Marketing (“Techcrest,” “we,” “us,” or “our”) provides website design, development, eCommerce, search engine optimisation, local SEO, advertising, content, branding, maintenance, analytics, consulting, and related digital services.

By using this website, submitting an enquiry, approving a proposal, paying an invoice or deposit, or otherwise engaging Techcrest for services, you agree to these Terms to the extent they apply to you. If you enter into a signed proposal, service agreement, statement of work, or other written contract with us, that document will govern the specific project and will take precedence over these Terms to the extent of any direct conflict.

02

You represent that you are legally capable of entering into binding agreements and, if acting on behalf of a business or other organisation, that you have authority to bind that organisation. You are responsible for ensuring that all information you provide to us is accurate, complete, and not misleading.

05

You agree to provide, in a timely manner, the information, approvals, credentials, content, brand assets, product data, access, feedback, legal notices, and other materials reasonably required for us to perform the services. You are responsible for the accuracy, legality, ownership, and suitability of materials you supply.

You are also responsible for reviewing deliverables and providing consolidated feedback within requested review periods. Delays in content, access, approvals, decisions, payments, or feedback may delay the project and may require rescheduling based on our availability.

06

Where we request approval of strategy, structure, design, copy, staging builds, launch readiness, or other milestones, your approval authorises us to proceed to the next stage. Changes requested after an approved milestone may be treated as additional work.

If you do not provide feedback within a reasonable review period specified by us, we may pause the project, move it in our production schedule, or treat the relevant deliverable as accepted for scheduling purposes, subject to any rights that cannot be excluded under applicable law.

09

Reasonable revisions within the agreed scope are included only to the extent described in the applicable proposal. A “revision” means an adjustment to an agreed direction, not a new concept, new feature, replacement strategy, or materially different scope.

Requests that add pages, features, integrations, campaigns, audiences, products, content, design directions, technical requirements, or other work may be quoted separately. We may require written approval of additional fees and timeline changes before beginning out-of-scope work.

10

Project timelines are estimates unless a written agreement expressly states that a date is guaranteed. Timelines depend on timely client cooperation, approvals, access, third-party availability, technical conditions, and the scope remaining stable.

If a project is inactive because we are waiting on the client for an extended period, we may archive or pause the project and reschedule its continuation based on current availability. A restart or reactivation fee may apply if stated in the project agreement or reasonably required due to remobilisation.

13

You represent and warrant that you have all rights, licences, consents, and permissions necessary for content and materials you provide to us, including text, images, video, logos, trademarks, customer data, product information, testimonials, and other intellectual property.

You are responsible for the legality and regulatory compliance of your products, services, promotions, claims, disclosures, terms, privacy notices, accessibility obligations, cookies, email practices, contests, advertising claims, and industry-specific requirements. Unless expressly included in writing, Techcrest does not provide legal, tax, accounting, regulatory, or compliance advice.

14

Techcrest retains ownership of its pre-existing intellectual property, know-how, methodologies, processes, templates, frameworks, reusable components, internal tools, development techniques, concepts, and materials created independently of your project. Nothing in a client engagement transfers ownership of those underlying materials unless expressly agreed in writing.

Where our pre-existing materials are incorporated into a final deliverable, you receive the licence reasonably necessary to use the final deliverable for its intended business purpose, subject to full payment and any third-party licence terms.

17

Unless confidentiality has been agreed in writing before public use, you grant Techcrest permission to identify your business as a client and to display completed public-facing work, screenshots, branding, project descriptions, and non-confidential outcomes in our portfolio, proposals, social channels, award submissions, case studies, and marketing materials.

We will not intentionally disclose confidential business information in portfolio materials. If you require a non-disclosure arrangement or restrictions on portfolio use, those restrictions must be agreed in writing.

18

SEO and local search services are intended to improve technical quality, relevance, visibility, and discoverability, but search engines independently determine indexing and rankings. We do not guarantee specific positions, traffic, impressions, leads, sales, Google Maps placement, Map Pack visibility, review volume, or timeframes for results.

Search engines may change algorithms, features, policies, and interfaces without notice. We are not responsible for ranking changes caused by algorithm updates, competitor actions, manual actions, third-party changes, client changes, technical issues outside our control, or inaccurate or incomplete information supplied by the client.

21

No website, server, network, or software can be guaranteed to be completely secure or continuously available. Unless a written agreement includes managed maintenance, backups, security monitoring, or recovery services, you are responsible for arranging ongoing updates, backups, security, and hosting administration after handoff or launch.

Even where maintenance services are provided, we do not guarantee that every vulnerability, outage, attack, malware event, data loss, or third-party failure can be prevented. Recovery work beyond the agreed maintenance scope may be billed separately.

22

Our handling of personal information collected through this website is addressed in our Privacy Policy. For client projects, each party is responsible for complying with the privacy and data-protection obligations that apply to its own activities.

You are responsible for determining what privacy notices, consent mechanisms, cookie disclosures, data-processing terms, retention rules, and security controls your business requires. If we process personal information on your behalf, any additional data-processing obligations should be documented in the applicable agreement.

25

We will provide services with reasonable care and skill consistent with the scope agreed in writing. Except for warranties that cannot legally be excluded, all other warranties, representations, conditions, and guarantees — whether express, implied, statutory, or otherwise — are excluded to the maximum extent permitted by applicable law.

Without limiting the above, we do not warrant that a website, campaign, integration, platform, search result, software product, or third-party service will be uninterrupted, error-free, secure, compatible with every device or future technology, or achieve a particular commercial result.

26

To the maximum extent permitted by applicable law, Techcrest will not be liable for indirect, incidental, special, exemplary, punitive, or consequential losses, or for loss of profits, revenue, business opportunities, anticipated savings, goodwill, data, search rankings, advertising performance, or third-party platform access, arising from or related to this website or our services.

To the maximum extent permitted by applicable law, our aggregate liability arising out of a specific paid engagement will not exceed the fees actually paid to Techcrest for the specific services giving rise to the claim during the six months immediately preceding the event giving rise to liability, or, for a one-time project completed in less than six months, the fees paid for that specific project. This limitation does not apply where liability cannot legally be limited or excluded.

29

If a client becomes unresponsive or fails to provide required materials for an extended period, we may classify the project as inactive, archive working files, remove it from the active production schedule, and invoice completed work. Restarting an inactive project may require a revised schedule, updated pricing, or a reactivation fee where reasonably necessary.

We are not required to retain working files indefinitely. Unless a written agreement states otherwise, we may delete archived project files after a reasonable retention period once the project has ended and all required deliverables have been provided.

30

If you believe an invoice is incorrect, you agree to raise the issue with us promptly so we have a reasonable opportunity to review it. Initiating a chargeback or payment reversal does not eliminate valid payment obligations for services properly provided. We may suspend services while a payment dispute is unresolved and may seek recovery of valid outstanding amounts and reasonable recovery costs to the extent permitted by law.

33

You agree that project approvals, notices, proposals, invoices, change approvals, and other business communications may be provided electronically, including by email, project-management tools, forms, or other agreed digital channels. Electronic approvals and records may be relied upon as evidence of instructions and acceptance to the extent permitted by law.

34

Where permitted by law and unless otherwise agreed in writing, during an active engagement and for a reasonable period thereafter, you agree not to knowingly solicit for direct employment or engagement any Techcrest employee or contractor who was materially involved in your project, except through general public recruitment not specifically directed at that person. If a project agreement contains a more specific non-solicitation clause, that agreement controls.

37

These Terms and any non-contractual obligations arising from them are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable in Manitoba, without regard to conflict-of-law principles.

Unless applicable law requires otherwise, the parties agree that disputes will be brought exclusively before the courts located in Manitoba, Canada. Before commencing formal proceedings, the parties are encouraged to make a good-faith effort to resolve the matter directly.

38

Nothing in these Terms is intended to exclude, restrict, or waive rights or remedies that cannot lawfully be excluded, restricted, or waived under applicable consumer-protection, privacy, competition, or other mandatory laws. Where a provision would otherwise be unenforceable, it will apply only to the maximum extent permitted by law.