TERMS AND CONDITIONS

Last Updated: 11/7/2025

1. Agreement to Terms

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (the "Client" or "you"), and The Gilded Quill, concerning your access to and use of the [thegildedquill.ca] website and any related services (the "Service").

By accessing the Service, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. User Representations and Accounts

2.1. Account Creation: To access certain features of the Service, you may be required to register for an account. You agree to keep your password confidential and will be responsible for all use of your account and password.

2.2. Accurate Information: You agree to provide true, accurate, current, and complete information as required on the Service’s forms (e.g., sign-up and contact forms).

2.3. Age Requirement: You represent that you are at least the age of majority in your jurisdiction of residence (e.g., 19 in British Columbia, Canada).

3. Scope of Service and Work

3.1. Description of Service: The Gilded Quill provides [SPECIFICALLY DESCRIBE YOUR SERVICE HERE, e.g., "professional writing, editing, or design services, as defined in a separate Statement of Work (SOW) or project agreement"].

3.2. Basis of Agreement: All work is undertaken only after a specific agreement (whether written or digital) has been reached detailing the scope, deliverables, timeline, and fee structure.

3.3. Modification of Work: Changes to the scope of work after the commencement of the project may incur additional fees and timeline adjustments, which will be mutually agreed upon in writing.

4. Client Intellectual Property Ownership

This section is CRITICAL, as you handle IP. It protects both parties by clarifying who owns what.

4.1. Client Ownership: The Client retains all ownership rights, title, and interest in and to the Intellectual Property (IP) and any materials provided to The Gilded Quill for the purpose of completing the Service.

4.2. Limited License to Us: By submitting IP to the Service, the Client grants The Gilded Quill a non-exclusive, royalty-free, limited license to use, reproduce, modify, and display the IP solely for the purpose of performing the agreed-upon Service and fulfilling our contractual obligations to the Client.

4.3. Deliverable Ownership: Upon full and final payment of all fees due, The Gilded Quill assigns to the Client all ownership rights, title, and interest in and to the final deliverables created specifically for the Client under the agreed-upon scope of work.

5. Payments and Billing

5.1. Fees: The Client agrees to pay the fees specified in the project agreement or statement of work.

5.2. Billing and Invoicing: Fees may be paid via [List methods, e.g., credit card, e-transfer, PayPal]. We use secure third-party payment processors to handle payment information. We do not store sensitive payment information on our servers.

5.3. Currency: All payments must be made in Canadian Dollars (CAD) or US Dollars (USD), as specified in the individual project agreement.

5.4. Refunds and Cancellations:

* Retainer/Deposit: A 50% non-refundable retainer is required to book and initiate any Service. This fee covers immediate overhead, scheduling, and initial planning.

* Cancellation by Client: If the Client cancels the Service prior to the scheduled start date, the 50% retainer is retained by The Gilded Quill. If the Client cancels after work has begun, the Client is responsible for a prorated fee based on the percentage of work completed, but in no case will the amount owed be less than the 50% retainer.

* Payment Schedule: The final 50% payment is due immediately upon completion of the Service and prior to the release of the final deliverables to the Client. All invoices are due within seven (7) days of issuance.

6. Termination

6.1. Termination by Either Party: Either the Client or The Gilded Quill may terminate the relationship or an active project agreement upon providing ten (10) days' written notice to the other party.

6.2. Consequences of Termination: If termination occurs, the Client agrees to pay for all work satisfactorily completed up to the date of termination.

7. Governing Law and Jurisdiction

7.1. Governing Law: These Terms and Conditions and your use of the Service are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

7.2. Dispute Resolution: Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in British Columbia, Canada.

8. Disclaimers and Limitation of Liability

8.1. Disclaimer: THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK.

8.2. Limitation of Liability: IN NO EVENT WILL THE GILDED QUILL, OR ITS DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE.

8.3. Maximum Liability: Our maximum total liability to you for any claim arising out of or relating to these Terms or the Service will not exceed the amount paid by you to us in the six (6) months prior to the date the claim arose.

9. Miscellaneous

9.1. Changes to Terms: We reserve the right to revise these Terms and Conditions at any time. The updated version will be effective as soon as it is accessible. Your continued use of the Service constitutes acceptance of the revised terms.

9.2. Entire Agreement: These Terms and Conditions, together with any operating rules posted on the Service, constitute the entire agreement between you and The Gilded Quill.