Terms of service

These terms govern every engagement between Jackai Agency, operated by Joshua Jackai of 128 W Cordova St, Vancouver, British Columbia, Canada, and the client named on the accepted quote or invoice.

REVIEW: confirm the legal entity. If the practice is incorporated, the corporate name and BC registration number replace the personal name throughout this document.

The services supplied are those named on the accepted quote: website design, AI visibility optimization, lead source reporting, the AI referral retainer, or any combination sold as The Referral System. The quote is the definition of scope. Anything not named on it is out of scope.

Activity is promised; outcomes are reported. Jackai Agency commits to the work it controls, which is the structure, the pages, the tracking, the checks and the measurement. It does not guarantee search rankings, AI citations, traffic volumes or lead counts, because no supplier controls what a third-party engine returns.

All prices are quoted and charged in US dollars and processed through Square. Where a Canadian amount is shown it is an estimate at the Bank of Canada rate on the day shown. The amount that appears on the client’s statement is set by the card issuer’s exchange rate and fees on the day of the charge.

REVIEW: GST/HST treatment. Confirm with an accountant whether the practice is registered, which rate applies to Canadian clients by province, and how supplies to clients outside Canada are treated. Insert the resulting clause here.

Projects under USD $5,000 are paid in full to book the start date. At USD $5,000 and above, 50% is paid to book and 50% on delivery, before handover. Retainers bill monthly in advance with a 90-day minimum, then month to month with 30 days written notice.

REVIEW: late payment. Decide the interest rate on overdue amounts and the number of days before work is suspended, then state both here.

REVIEW: state the number of revision rounds included at each stage, what counts as a revision against a new request, and the rate at which out-of-scope work is billed. This is the clause disputes are made of; it needs a number, not a principle.

The client supplies content, brand assets, product data, access to hosting, domain, analytics and CRM, and a single named person empowered to approve work. Where the client supplies material, the client confirms it holds the rights to use it.

Timelines assume feedback within the windows agreed at kickoff. Published delivery windows move by the length of any delay in access or approval.

On receipt of final payment, the client owns the final delivered design and page content produced specifically for it.

Jackai Agency retains ownership of its underlying tools, design system, component library, templates, code patterns and processes, and grants the client a perpetual, non-exclusive licence to use them within the delivered site. Third-party assets such as themes, plugins, fonts and stock imagery remain under their own licences, which pass to the client where the licence allows.

REVIEW: confirm whether the client may reuse the delivered design system on other properties, and whether resale or sublicensing is permitted.

Unless the client asks otherwise in writing, Jackai Agency may name the client, display before and after captures of public pages, and publish measured results in its portfolio and case studies. No client dollar figures are ever published; multiples, percentages, counts and windows only.

REVIEW: confirm whether a client may opt out retroactively, and how long after an engagement publication rights persist.

Each party keeps the other’s non-public business information confidential and uses it only to perform the engagement. This survives the end of the engagement. It does not cover information that is already public, independently developed, or required to be disclosed by law.

Analytics, form and CRM data accessed during an engagement belongs to the client and is used only to deliver the engagement. Where lead capture and email are configured, they are configured to meet Canada’s Anti-Spam Legislation: express opt-in consent that is not pre-ticked, the sender named, a current mailing address, and a one-click unsubscribe honoured within 10 business days.

REVIEW: PIPEDA and, for any Quebec client, Law 25. A privacy policy and a data-processing clause naming sub-processors, retention periods and breach notification belong here or in a linked policy.

Jackai Agency warrants that the work will be performed with reasonable skill and care. Deliverables are otherwise provided as is.

REVIEW: defect window. State how many days after handover a build defect will be corrected at no charge, and what is excluded, such as changes made by the client, third-party plugin updates and hosting failures.

REVIEW: this clause must be drafted by a lawyer. The usual shape caps total liability at the fees paid under the engagement in the preceding twelve months and excludes indirect and consequential loss, including lost profit, lost revenue and lost data. Do not publish this section until it has been reviewed.

Retainers may be cancelled by either party with 30 days written notice after the 90-day minimum. Projects may be cancelled in writing at any time; work completed to that date is payable and deposits already paid are applied against it.

REVIEW: state whether any part of a deposit is refundable on cancellation before work begins, and the notice either party must give for material breach.

Digital products bought from the resources store are delivered immediately on payment and are, by their nature, not returnable.

REVIEW: confirm the refund position on digital downloads. Provincial consumer protection legislation in British Columbia may require a stated policy and a defined window; a lawyer should set the wording.

These terms are governed by the laws of British Columbia and the federal laws of Canada that apply in it. The parties submit to the courts of British Columbia.

REVIEW: confirm whether mediation or arbitration should be required before litigation, and where it would be seated.

These terms may be updated. The version in force for an engagement is the version published on the date the quote was accepted, and that version is retained. Material changes are notified by email to active clients.

Questions about these terms go to joshua@joshuajackai.com, or by post to Jackai Agency, 128 W Cordova St, Vancouver, British Columbia, Canada.