Terms of Service

1. Definitions

In these Terms of Service, the following definitions apply:

• "Company," "we," "us," "our" refers to Mymspgoat Inc., a corporation incorporated in Ontario, Canada, with its registered office at 247 Elgin Street, Suite 304, Ottawa, ON K2P 1L9.
• "Client," "you," "your" refers to the individual or legal entity engaging our services.
• "Services" refers to all professional services offered by the Company, as described on this website and in any written quotation.
• "Project" refers to a specific scope of work agreed upon between the Company and the Client.
• "Deliverables" refers to the final work product delivered to the Client upon completion of a Project.
• "Quotation" refers to a written estimate provided by the Company detailing the scope, timeline, and cost of a Project.

2. Scope and Acceptance

These Terms of Service govern all services provided by Mymspgoat Inc. By engaging our services, requesting a quotation, or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms.

You must be at least 18 years of age to engage our services or enter into an agreement with us. By placing an order, you confirm that you meet this requirement.

The minimum project value is $500 CAD. We reserve the right to decline projects below this threshold.

3. Description of Services

The Company provides professional services as described on the Services page of this website. The specific scope of each engagement is defined in the written Quotation provided to the Client prior to the commencement of work.

We reserve the right to modify our service offerings at any time. Any such modification does not affect projects already under contract.

4. Quotation and Agreement

Before commencing any project, the Company will provide a written Quotation specifying the scope of work, estimated timeline, and total cost. Quotations are valid for thirty (30) days from the date of issue unless otherwise stated.

A binding agreement is formed when the Client accepts the Quotation in writing (including by email) and the Company receives the required deposit. Any changes to the agreed scope must be documented in writing and may result in adjustments to the price and timeline.

5. Prices and HST

All prices quoted by the Company are in Canadian dollars (CAD) and are exclusive of applicable taxes unless expressly stated otherwise.

Harmonized Sales Tax (HST) at the current Ontario rate of 13% is added to all invoices in accordance with Canadian tax law. The Company's HST registration number is 741852963 RT0001.

Prices are fixed for the duration of the project as stated in the accepted Quotation. The Company reserves the right to adjust its general pricing at any time, but such adjustments do not apply retroactively to existing contracts.

6. Payment Terms

A non-refundable deposit of 30% of the total project cost is required before work begins. The deposit secures the Client's place in our production schedule.

For business-to-business (B2B) clients, the remaining balance is payable within thirty (30) days of the invoice date (Net 30). For individual clients, the balance is due upon delivery of the final Deliverables.

Late payments are subject to interest at the rate of 1.5% per month (18% per annum) on the outstanding balance, calculated from the due date. The Company reserves the right to suspend work on any project with an overdue balance.

7. Cancellation and Kill Fee

The Client may cancel a project free of charge within fourteen (14) days of signing the agreement, provided that work has not yet begun at the Client's explicit request during that period.

After the 14-day period, or if work has commenced at the Client's request, cancellation by the Client triggers a kill fee of 50% of the total project value. This fee compensates the Company for time allocated, resources committed, and opportunity costs incurred.

Any deposit already paid will be applied toward the kill fee. If the deposit exceeds the kill fee, the difference will be refunded within thirty (30) days.

The Company may terminate a project if the Client fails to provide required materials, feedback, or payment within the agreed timelines, after providing written notice and a reasonable cure period of fifteen (15) business days.

8. Revision Policy

Each project includes two (2) rounds of revisions at no additional charge. A revision round consists of a consolidated set of feedback provided by the Client within ten (10) business days of receiving a draft.

Additional revision rounds beyond the two included are billed at the Company's standard hourly rate, as communicated to the Client before the additional work begins.

Revision requests that significantly alter the original scope of work (such as changes to the project brief, target audience, or core messaging) are treated as scope changes and will be quoted separately.

9. Deliverables and Formats

Upon completion of the project and receipt of full payment, the Company will deliver the final Deliverables in the formats specified in the Quotation. Standard delivery is by electronic means (email or secure file transfer).

The Client is responsible for reviewing and approving the Deliverables within ten (10) business days of delivery. If no response is received within this period, the Deliverables are deemed accepted.

The Company retains all working files, drafts, and preliminary materials. Source files are provided only if explicitly included in the Quotation.

10. Intellectual Property

Upon receipt of full payment, all intellectual property rights in the Deliverables transfer to the Client, except for any pre-existing materials, third-party assets, or open-source components identified in the Quotation, which remain subject to their original licenses.

Until full payment is received, the Company retains all rights in the work product. The Client may not use, publish, or distribute any Deliverables for which payment remains outstanding.

The Company reserves the right to display completed projects in its portfolio and marketing materials, unless the Client requests confidential treatment in writing.

11. Confidentiality

Both parties agree to keep confidential any proprietary information exchanged during the course of the engagement. This obligation survives the termination or expiration of the agreement for a period of two (2) years.

Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

12. Limitation of Liability

To the maximum extent permitted by applicable law, the Company's total liability for any claim arising from or related to a project shall not exceed the total amount paid by the Client for that specific project.

The Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, regardless of the cause of action.

The Client acknowledges that the success of any project depends on many factors beyond the Company's control, including market conditions, the Client's own implementation decisions, and third-party actions.

13. Force Majeure

Neither party shall be liable for delays or failure to perform its obligations when such delay or failure results from circumstances beyond its reasonable control. This includes, but is not limited to, natural disasters, pandemics, government actions, power failures, internet outages, labour disputes, or acts of war or terrorism.

The affected party must notify the other party in writing within five (5) business days of the onset of the force majeure event. If the event continues for more than sixty (60) days, either party may terminate the agreement without penalty.

14. Complaints Procedure

If you are dissatisfied with any aspect of our services, please contact us in writing at hello@mymspgoat.com or by mail at our registered office. We will acknowledge your complaint within 48 hours and aim to resolve it within fifteen (15) business days.

If we are unable to reach a satisfactory resolution, you may consider alternative dispute resolution methods before pursuing legal action.

15. Amendments

The Company reserves the right to modify these Terms of Service at any time. The updated terms will be published on this page with a revised date. Changes do not apply retroactively to projects already under contract.

Continued use of our services after publication of amended terms constitutes acceptance of those changes. We encourage you to review these terms periodically.

16. Applicable Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

For complete details about the publisher, see our Legal Notice. For information about how we handle your personal data, see our Privacy Policy and Cookie Policy.

17. Jurisdiction

Any dispute arising from or in connection with these Terms of Service shall be submitted to the exclusive jurisdiction of the Ontario Superior Court of Justice, Ottawa.

Before initiating legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation within thirty (30) days of written notice of the dispute.