Please read these Terms carefully. They explain how our plans, billing, minimum commitment and cancellation work, and the responsibilities of both parties.
1. Agreement to these Terms
These Terms of Service (the “Terms”) govern your use of timothydigital.com (the “Site”) and all services provided by Timothy Digital, a business operated by Timothy Oommen in Toronto, Ontario (“Timothy Digital”, “we”, “us” or “our”), to the business or individual purchasing them (the “Client” or “you”). By accepting a proposal, signing up for a plan or paying an invoice, you agree to these Terms. If a written proposal or agreement signed by both parties conflicts with these Terms, the signed document governs.
2. Our services
We provide website design and hosting, online booking systems, AI chatbots, automations, Google Business Profile setup and management, and FAQ and information pages (the “Services”). The Services included in each plan are described on our Pricing page or in your proposal. Work outside the scope of your plan, such as additional pages, custom integrations or content writing beyond normal updates, will be quoted separately before any work begins.
3. Plans and fees
- Fees are charged monthly at the rate shown on the Pricing page or in your proposal at the time you sign up.
- All prices are in Canadian dollars (CAD). Applicable taxes are added where required.
- There is no setup fee unless agreed in writing.
- Limited-offer pricing applies to Clients who sign up while the offer is displayed and remains in effect for as long as the Client’s plan stays active without interruption.
- Fees for third-party tools that are not included in your plan, such as payment processing fees or premium booking software, are your responsibility unless stated otherwise.
4. Minimum term, renewal and cancellation
- Minimum term. Every plan has a minimum commitment of three (3) months, starting on the date of your first payment (the “Minimum Term”).
- Renewal. After the Minimum Term, your plan continues automatically on a month-to-month basis until cancelled.
- Cancellation. After the Minimum Term, you may cancel at any time by giving at least thirty (30) days’ written notice by email. Cancellation takes effect at the end of the billing period in which the notice period ends.
- Early cancellation. If you cancel before the end of the Minimum Term, the fees for the remainder of the Minimum Term remain payable.
- Refunds. Fees already paid are non-refundable, and we do not provide refunds or credits for partial months, except where required by law.
- Plan changes. You may upgrade at any time. Downgrades take effect after the Minimum Term, at the start of your next billing period.
5. Billing and late payment
Fees are billed monthly in advance and are due on the date shown on your invoice. If payment is more than fourteen (14) days overdue, we may, after giving you notice by email, suspend the Services until payment is received. Suspension does not pause the Minimum Term or cancel amounts owing. Payments may be processed by a third-party payment provider; we do not store your full card details.
6. Getting started and timelines
Launch timelines, including our goal of launching most programs in under one week, are estimates. They depend on you providing the content, information, account access and approvals we need. Delays in providing these may delay your launch, but do not delay the start of your billing.
7. Your responsibilities
You agree to:
- provide accurate and complete information and content, and keep it up to date;
- own or have permission to use all content you give us, including logos, names, photos and videos, and to have obtained consent from the people who appear in photos or videos, including from a parent or guardian for any minor;
- comply with all laws that apply to your business, including privacy laws and Canada’s Anti-Spam Legislation (CASL) for messages sent to your customers;
- review your website content and chatbot answers for accuracy before and after launch, and tell us promptly about any errors; and
- keep your own account passwords secure.
8. Third-party services
The Services rely on third-party platforms, such as hosting providers, domain registrars, Google, booking and payment platforms and AI providers. Your use of those platforms is subject to their own terms and policies. We are not responsible for outages, changes, errors, data loss or price changes caused by third-party platforms, although we will make reasonable efforts to help resolve any issues that affect your Services.
9. AI chatbots and automations
AI chatbots generate responses automatically, based on the information you provide and the technology of third-party AI providers. Responses may sometimes be inaccurate, incomplete or out of date. The chatbot is a convenience tool. It is not a substitute for direct communication with your customers and must not be relied on for emergencies, or for medical, safety or legal advice. You are responsible for the information you provide for the chatbot and for decisions made based on its responses. We will correct errors within a reasonable time after you notify us.
10. Ownership and intellectual property
- Your property. You own your domain name (registered in your name where possible), your content, and the data about your customers.
- Our property. We own the designs, code, templates, workflows, tools and know-how we use or create to deliver the Services. While your plan is active and paid, we grant you a non-exclusive, non-transferable licence to use your website and the related tools.
- When you leave. When your plan ends, we will provide an export of your content on request and reasonable help transferring your domain. The website design and code may be purchased under a separate written agreement.
- Portfolio. We may show the work we created for you and your program name in our portfolio and marketing, unless you ask us in writing not to.
11. Confidentiality
Each party will keep confidential any non-public information received from the other party in connection with the Services, and will use it only to perform or receive the Services, except where disclosure is required by law.
12. Disclaimer
We will provide the Services with reasonable skill and care. Except as expressly stated in these Terms, the Services are provided “as is” and “as available”. We do not guarantee any particular results, including the number of bookings, revenue, search engine rankings or uninterrupted, error-free operation.
13. Limitation of liability
To the maximum extent permitted by law, Timothy Digital will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, bookings, data or goodwill, arising out of or related to the Site or the Services. Our total liability for any claim arising out of or related to these Terms or the Services is limited to the fees you paid to us in the three (3) months before the event giving rise to the claim.
14. Indemnity
You agree to indemnify and hold Timothy Digital harmless from any claims, losses and expenses, including reasonable legal fees, arising from your content, your use of the Services, or your breach of these Terms or of any law.
15. Suspension and termination by us
We may suspend or end the Services, after giving notice where reasonable, if you fail to pay fees when due, materially breach these Terms, or use the Services for any unlawful, harmful or misleading purpose. Amounts owing up to the date of termination, including fees for the remainder of any Minimum Term, remain payable.
16. Changes to pricing and these Terms
We may change our prices or these Terms from time to time. We will give existing Clients at least thirty (30) days’ notice by email of any price increase or material change. Updated Terms will be posted on this page with a new “Last updated” date. Continuing to use the Services after a change takes effect means you accept the updated Terms.
17. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. You and we agree to the exclusive jurisdiction of the courts located in Toronto, Ontario.
18. General
These Terms, together with any signed proposal and our Privacy Policy, form the entire agreement between you and us about the Services. If any part of these Terms is found to be unenforceable, the rest remains in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our written consent.
19. Contact us
Questions about these Terms can be sent to:
Timothy DigitalAttn: Timothy Oommen
Toronto, Ontario, Canada
Email: oommen.timmy@gmail.com
Phone: +1 437 997 3129