Terms of Service
These Terms of Service ("Terms") govern your engagement with Elevance Labs for digital marketing, branding, web design, development, and related services. By engaging with Elevance Labs, you agree to be bound by these Terms. If you do not agree, please do not engage our services.
Elevance Labs provides comprehensive digital and creative services, including but not limited to:
Services are custom-scoped per project and detailed in individual Statements of Work (SOWs) or proposals.
Proposals & Statements of Work: All engagements begin with a detailed proposal outlining scope, timeline, deliverables, and fees. A Statement of Work may be provided for more complex projects.
Project Timeline: Timelines are estimates based on the agreed scope, client feedback responsiveness, and approval cycles. Delays in client approvals, asset provision, or feedback may extend timelines.
Approval Process: Clients are responsible for providing timely approvals at key milestones. Projects may be held or re-scheduled if approvals are not received within agreed timeframes.
Deposit Structure: A deposit (typically 50% of project fees) is required to initiate project work. The remaining balance is due upon project completion or per milestone schedule outlined in the SOW.
Milestone Payments: For longer engagements, fees may be structured in installments tied to project milestones. Payment terms will be specified in the proposal.
Late Payment Policy: Invoices are due within 14 days of issuance. Accounts overdue by 30+ days may be subject to a 1.5% monthly interest charge. Elevance Labs reserves the right to suspend work on projects with outstanding payment.
Expenses: Out-of-pocket expenses (stock imagery, third-party tools, hosting, etc.) may be charged at cost plus 10% administrative overhead.
Final Deliverables: Upon receipt of full payment, the client owns all final deliverables (website files, design assets, content) created under this engagement. This includes the right to modify, publish, and distribute the work.
Elevance Portfolio Rights: Elevance Labs retains the right to display the completed work in our portfolio, case studies, and marketing materials (unless explicitly confidential or otherwise agreed in writing).
Pre-Existing Materials: Elevance Labs retains ownership of all pre-existing tools, templates, processes, frameworks, and methodologies developed prior to or outside of this engagement.
Third-Party Content: Clients are responsible for ensuring all provided content (copy, images, videos, logos) does not infringe third-party rights. Elevance Labs will not be liable for copyright or trademark infringement arising from client-provided materials.
To ensure project success, clients agree to:
Included Revisions: The number of revision rounds is specified in the proposal (typically 2-3 rounds). Minor revisions within the agreed scope are included.
Change Order Process: Requests for significant scope changes, additional pages, major feature additions, or work outside the original proposal will be documented in a change order with revised fees and timeline.
Revision Deadlines: Feedback on deliverables must be consolidated and submitted within the agreed timeframe. Additional revision requests beyond the included rounds may incur additional fees.
Mutual Confidentiality: Both parties agree to keep confidential any proprietary information, business strategies, or sensitive data shared during the engagement.
NDA: For projects involving highly sensitive or proprietary information, a formal Non-Disclosure Agreement is available upon request.
Public Disclosure: Unless confidential, Elevance Labs may reference the engagement publicly or in marketing materials as described in the Intellectual Property section.
To the maximum extent permitted by law, Elevance Labs' total liability for any claim arising from this engagement shall not exceed the fees paid for the specific project in question. This limitation applies to all claims, whether based in contract, tort, negligence, or otherwise.
In no event shall Elevance Labs be liable for indirect, incidental, consequential, special, or punitive damages, including loss of revenue, data, or business opportunity, even if advised of the possibility of such damages.
Termination by Client: The client may terminate the engagement with written notice. Elevance Labs will invoice for all work completed to date, including hourly time or milestone fees accrued, plus any non-recoverable expenses.
Termination by Elevance Labs: Elevance Labs may terminate the engagement if payment is not received within 30 days of invoice due date, or if the client materially breaches these Terms.
Post-Termination: Upon termination, Elevance Labs will provide all work in progress and final files. Payment for all completed work remains due.
No Guarantee of Results: Elevance Labs does not guarantee specific business outcomes, search engine rankings, traffic levels, conversion rates, or revenue impact. SEO and digital marketing are subject to search engine algorithms, market conditions, and factors beyond Elevance Labs' control.
Website Uptime: Elevance Labs does not guarantee 100% website uptime or performance. We are not responsible for third-party hosting outages, security breaches, or data loss resulting from hosting provider failures.
Third-Party Services: Work may incorporate third-party tools, platforms, APIs, or services. Elevance Labs is not liable for issues arising from third-party service failures, discontinuations, or changes in terms.
Client Indemnification: The client agrees to indemnify and hold harmless Elevance Labs from any claims, damages, or liabilities arising from client-provided materials, client actions, or misuse of the final deliverables.
These Terms are governed by and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of law principles. Both parties agree to submit to the exclusive jurisdiction of the courts of Ontario.
Good Faith Negotiation: In the event of a dispute, both parties agree to attempt good faith negotiation for 14 days before pursuing formal legal action.
Mediation: If negotiation fails, either party may request mediation before proceeding to arbitration or litigation.
Legal Action: Any legal proceeding shall be brought in the courts of Ontario, Canada.
Elevance Labs reserves the right to update these Terms at any time. For ongoing engagements, clients will be notified of significant changes. Continued engagement after updates constitutes acceptance of the revised Terms.
For questions about these Terms or to arrange a custom agreement, please contact:
Email: hello@elevancelabs.ca
Address: Toronto, Canada
Last updated: April 2026