Terms and Conditions
Setting Clear Expectations for a Trusted Partnership
Our Terms and Conditions outline the mutual responsibilities and guidelines ensuring a transparent & secure collaboration between HubsPlanet and our clients.
These Terms and Conditions ("Agreement") govern the provision of services by HubsPlanet ("Company," "we," "us," or "our") to you ("Client," "you," or "your"). By engaging our services, you agree to be bound by this Agreement. If you have any concerns, please contact us at info@hubsplanet.ca.
Last Updated: 12th May,2025
1. Services Provided
HubsPlanet offers a range of services, including but not limited to:
The specific services to be provided will be outlined in a separate Statement of Work (SOW) agreed upon by both parties.
2. Fees and Payment
All fees for services will be detailed in the SOW.
Invoicing
Invoices will be issued as per the schedule in the SOW.Payments are due within 3 working days of the invoice date.
Late Payments
Late payments may incur a 8% late fee per month.3. Client Responsibilities
The Client agrees to:
1. Provide all necessary information and access required for service delivery.
2. Ensure that all information provided is accurate and complete.
3. Cooperate with HubsPlanet in a timely and efficient manner.
4. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement. This obligation shall survive the termination of this Agreement.
5. Intellectual Property
Client Materials
The Client retains ownership of all materials provided to HubsPlanet.
Work Product
Upon full payment, the Client will own the final deliverables. HubsPlanet retains the right to use non-confidential portions of the work for portfolio and marketing purposes.6. Term and Termination
Term
This Agreement shall commence on the Effective Date, which is defined as the date specified in the applicable Statement of Work (SOW) as the "SOW Effective Date." The Agreement will continue in effect until the completion of the services outlined in the SOW, unless terminated earlier in accordance with the provisions mentioned further.
Termination
Either party may terminate this Agreement prior to the completion of services by providing 15 days' written notice to the other party. In the event of termination, the Client shall be responsible for payment of all services rendered up to the termination date.
7. Limitation of Liability
Under this Agreement, which encompasses these Terms and Conditions and any associated Statements of Work (SOWs), HubsPlanet's liability is limited as follows:
Maximum Liability
HubsPlanet's total liability for any claims arising out of or related to this Agreement shall not exceed the total fees paid by the Client for the specific services under the applicable SOW.
Exclusion of Certain Damages
HubsPlanet shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or related to this Agreement, even if advised of the possibility of such damages.
Applicability:
This limitation of liability applies to all causes of action, whether in contract, tort (including negligence), strict liability, or any other legal theory.
This clause is designed to allocate risk between the parties and is an essential element of the basis of the bargain between HubsPlanet and the Client.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.
9. Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, including any Statement of Work (SOW) or the breach, termination, or validity thereof, the parties agree to the following dispute resolution process:
A. Good Faith with Negotiation
The parties shall first attempt to resolve the dispute through good faith negotiations. Each party shall designate a representative with the authority to settle the dispute and shall meet promptly to attempt to resolve the matter.
B. Mediation
If the dispute is not resolved through negotiation within thirty (30) days of the initial notice of the dispute, the parties agree to submit the matter to mediation. The mediation shall be conducted:
Administered by: ADR Chambers, a recognized mediation service provider in Canada.
Location: A mutually agreed-upon location in Ontario, Canada.
Mediator Selection: The mediator shall be jointly selected by the parties. If the parties cannot agree on a mediator within fifteen (15) days, either party may request ADR Chambers to appoint a qualified mediator.
Costs: The costs of mediation, including the mediator's fees and any associated administrative expenses, shall be shared equally between the parties. Each party shall bear its own legal and other costs incurred in connection with the mediation.
Confidentiality: All aspects of the mediation shall be confidential and conducted on a "without prejudice" basis.
C. Legal Proceedings
If the dispute is not resolved through mediation within sixty (60) days from the appointment of the mediator, either party may initiate legal proceedings. Any such proceedings shall be conducted in the courts of the Province of Ontario, Canada, and the parties hereby submit to the exclusive jurisdiction of those courts.
10. Amendments
This process ensures clarity and mutual understanding regarding any changes to the services provided.
11. Entire Agreement
This Agreement, along with any SOWs, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
12. Contact Us
For questions or concerns about these Terms and Conditions, please contact us:
Email: info@hubsplanet.ca
Phone: +1(365)363-7100
Address: 300-181 University Ave, Toronto, ON, Canada M5H 3M7