Jurisdiction Notice: These Terms of Service are governed by the laws of Canada and applicable US state laws where services are provided. This agreement complies with consumer protection laws in both jurisdictions.
1. Agreement to Terms
By accessing and using the Belanger Media website (belanger-media.com) and our services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, then you may not access the website or use our services.
These Terms apply to all visitors, users, and others who access or use our website and services, whether located in Canada, the United States, or elsewhere.
2. Description of Services
Belanger Media ("we," "our," or "us") provides professional media services including but not limited to:
- Video production and editing
- Photography services
- Graphic design and branding
- Web design and development
- Marketing and advertising content creation
- Digital media consulting
Specific services and deliverables will be detailed in individual service agreements or contracts.
3. Service Agreements and Contracts
All professional services are subject to separate written agreements that will include:
- Project scope and deliverables
- Timeline and milestones
- Payment terms and pricing
- Intellectual property rights
- Cancellation and refund policies
In case of conflict between these Terms and a signed service agreement, the service agreement shall take precedence.
4. User Responsibilities
When using our website and services, you agree to:
- Provide accurate and complete information
- Maintain the confidentiality of your account information
- Use our services lawfully and in good faith
- Not interfere with or disrupt our services or servers
- Not use our services for illegal or unauthorized purposes
- Respect intellectual property rights
- Comply with all applicable laws and regulations
5. Intellectual Property Rights
Our Intellectual Property
The content on our website, including text, graphics, logos, images, and software, is owned by Belanger Media and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.
Client-Provided Content
You retain ownership of any materials you provide to us. By providing content, you grant us a non-exclusive license to use, modify, and incorporate such materials in the delivery of our services.
Work Product
Rights to work product created by Belanger Media will be specified in individual service agreements and may vary based on the nature of the project and payment terms.
6. Payment Terms
Payment terms will be specified in individual service agreements. General terms include:
- Payment may be required in advance or according to agreed milestone schedules
- Late payments may incur additional fees
- All prices are in Canadian dollars unless otherwise specified
- Applicable taxes will be added to all invoices
- Payment methods accepted include credit cards, bank transfers, and checks
7. Cancellation and Refunds
Cancellation and refund policies will be specified in individual service agreements. General principles include:
- Cancellations must be made in writing
- Refunds for completed work are generally not available
- Partial refunds may be available for work not yet commenced
- Cancellation fees may apply to cover costs incurred
- Client-provided deposits may be non-refundable
8. Limitation of Liability
Important: To the fullest extent permitted by law, Belanger Media's liability for any claims arising from our services is limited to the amount paid by the client for the specific service giving rise to the claim.
We are not liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Data loss or corruption
- Third-party actions or omissions
- Force majeure events beyond our control
9. Disclaimers and Warranties
Service Warranties
We warrant that our services will be performed with professional skill and care in accordance with industry standards. However, we make no warranties regarding:
- Specific business results or outcomes
- Compatibility with all systems or platforms
- Uninterrupted or error-free service
- Third-party services or products
Website Disclaimer
Our website is provided "as is" without warranties of any kind, express or implied. We do not guarantee that the website will be available at all times or free from errors or viruses.
10. Privacy and Data Protection
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with applicable privacy laws in both Canada and the United States.
11. Governing Law and Dispute Resolution
Canadian Clients
These Terms are governed by the laws of the Province of Ontario and the laws of Canada. Disputes will be resolved through the courts of Ontario.
US Clients
For US-based clients, these Terms are governed by the laws of the state where services are primarily performed. Disputes may be resolved through binding arbitration or appropriate state courts.
Alternative Dispute Resolution
We encourage resolution of disputes through direct negotiation or mediation before pursuing formal legal action.
12. Accessibility Commitment
We are committed to providing accessible services and maintaining our website in compliance with accessibility standards including:
- Web Content Accessibility Guidelines (WCAG) 2.1 Level AA
- Accessibility for Ontarians with Disabilities Act (AODA)
- Americans with Disabilities Act (ADA) requirements
If you encounter accessibility barriers, please contact us at accessibility@belanger-media.com.
13. Force Majeure
We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to:
- Natural disasters, weather events, or pandemics
- Government actions or changes in law
- Labor disputes or shortages
- Equipment failures or technological issues
- Supplier or vendor failures
14. Indemnification
You agree to indemnify and hold Belanger Media harmless from any claims, damages, or expenses arising from:
- Your use of our services in violation of these Terms
- Your violation of any applicable laws or regulations
- Content or materials you provide that infringe third-party rights
- Your negligent or intentional acts or omissions
15. Termination
Either party may terminate ongoing services with written notice as specified in individual service agreements. We reserve the right to terminate access to our website immediately if you violate these Terms.
Upon termination:
- All outstanding payments become due immediately
- We will deliver completed work products as specified in agreements
- Confidentiality obligations remain in effect
- Your right to use our services and website terminates
16. Changes to Terms
We may modify these Terms at any time by posting updated terms on our website. Changes will be effective immediately upon posting unless otherwise specified. Your continued use of our services constitutes acceptance of any changes.
For material changes, we will provide reasonable notice via email or website notification.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect. The unenforceable provision will be deemed modified to the extent necessary to make it enforceable.
18. Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Belanger Media regarding the use of our website and services.
Questions about these Terms? Please contact us at legal@belanger-media.com. We're here to help clarify any aspects of our Terms of Service.
