Terms of Service.

Welcome to the website of BeClearDesign (“we,” “us,” or “our”), operated at becleardesign.com. By accessing or using our website, you (“you” or “the User”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must discontinue use of the website immediately.

These Terms constitute a legally binding agreement between you and BeClearDesign. We reserve the right to update or modify these Terms at any time, and such changes will be effective upon posting to this page. Your continued use of the website following any changes constitutes your acceptance of the revised Terms.

BeClearDesign is a boutique design agency based in Metro Vancouver, British Columbia, Canada, co-founded by Daniel Shi and Michael Gatasi. We provide professional services including, but not limited to:

• Web design
• Web development
• Brand design
• Digital strategy

Information presented on this website is for general informational purposes only and does not constitute a binding offer, proposal, or contract for services. The scope, deliverables, timelines, and pricing for any engagement are determined exclusively through separate written agreements between BeClearDesign and its clients.

You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of, or restrict or inhibit the use and enjoyment of, this website by any third party. Prohibited conduct includes, but is not limited to:

• Engaging in any activity that is unlawful, fraudulent, or harmful
• Attempting to gain unauthorized access to any part of the website, its servers, or any systems or networks connected to the website
• Transmitting any viruses, malware, or other harmful code
• Using automated systems, bots, or scrapers to access or collect data from the website without our prior written consent
• Submitting false, misleading, or fraudulent information through our intake form, booking calendar, or any other feature of the website

We reserve the right to restrict or terminate your access to the website at our sole discretion, without notice, for any conduct that we determine to be in violation of these Terms or harmful to other users, us, or third parties.

Our website provides an intake form and a booking calendar to facilitate project inquiries and consultation scheduling. Submission of an intake form or booking of a calendar slot does not constitute a binding agreement for services. These tools are provided for the convenience of prospective clients to initiate a conversation about potential project engagements.

By submitting information through our intake form, you represent that the information you provide is accurate and complete. We handle all information submitted through these forms in accordance with our Privacy Policy.

All content, materials, and intellectual property displayed on this website — including but not limited to text, graphics, logos, icons, images, audio, video, software, and design elements — are the property of BeClearDesign or its licensors and are protected by applicable Canadian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from this website without our prior written consent, except as follows:

• Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing of the content
• You may store files that are automatically cached by your web browser for display enhancement purposes
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution

The BeClearDesign name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BeClearDesign. You may not use such marks without our prior written permission.

Actual project work undertaken by BeClearDesign on behalf of clients is governed by separate written agreements (such as proposals, statements of work, or service contracts) executed between BeClearDesign and the client. These Terms do not govern, supersede, or modify the terms of any such separate agreement.

In the event of a conflict between these Terms and the terms of a separate project agreement, the terms of the separate project agreement shall prevail with respect to the subject matter of that agreement.

This website and all content, materials, information, and services provided on or through this website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.

To the fullest extent permitted by applicable law, BeClearDesign disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

BeClearDesign does not warrant that the website will be uninterrupted, timely, secure, or error-free; that the information provided on the website is accurate, reliable, or complete; or that defects in the website will be corrected. You assume the entire risk as to the use and performance of the website.

To the maximum extent permitted by applicable law, in no event shall BeClearDesign, its co-founders, employees, agents, partners, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:

• Your access to, use of, or inability to access or use the website
• Any conduct or content of any third party on the website
• Any content obtained from the website
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall the aggregate liability of BeClearDesign for all claims arising out of or relating to the use of, or inability to use, this website exceed one hundred Canadian dollars (CAD $100.00).

This limitation of liability applies regardless of the legal theory on which the claim is based, including negligence, and even if BeClearDesign has been advised of the possibility of such damages.

You agree to defend, indemnify, and hold harmless BeClearDesign and its co-founders, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from or related to: your use of the website; your violation of these Terms; or your violation of any rights of a third party.

This website may contain links to third-party websites or services that are not owned or controlled by BeClearDesign. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that BeClearDesign shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.

These Terms shall be 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 conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of the Province of British Columbia, and you hereby consent to the personal jurisdiction and venue of such courts.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

We reserve the right to revise and update these Terms at our sole discretion, at any time and without prior notice. All changes are effective immediately when posted and apply to all access to and use of the website thereafter. The “Last updated” date at the top of this page indicates when these Terms were last revised.

It is your responsibility to review these Terms periodically for changes. Your continued use of the website following the posting of revised Terms constitutes your acceptance of such changes.

If you have any questions or concerns about these Terms of Service, please contact us at:

BeClearDesign
Metro Vancouver, British Columbia, Canada
Email: daniel@becleardesign.com