Terms of Use

The Main Points

Fairwind Creative is not responsible for failures beyond our control: Acts of God, war, riot or civil commotion, government acts, equipment or facilities shortages.
We do not support any type of discriminatory, inflammatory, or illegal activities. Nor do we support any businesses involving animal cruelty, environmental damage, human rights infringement, racial slurs, pornography, or gun violence. If a product we create and sell later evolves to include content in any of these genres, we reserve the right to block access to websites and/or email and/or other services provided by Fairwind Creative and may terminate the relationship immediately.
We respectfully reserve the right to decline projects which we feel may be offensive, controversial, or inappropriate.
We keep your personal information private, and do not sell or lease to anyone, outside of any terms of our data access agreements.
You are responsible for the security of your passwords. We do not store our clients’ passwords on our databases; however, we can assist with recreating new ones if the old ones are lost.
Invoices are payable upon receipt.
We do not guarantee that email is 100% reliable nor instantaneous.
Responsibilities and Liability: Fairwind Creative assumes no liability for our clients’ website content, and we will not be held responsible for any localized disruption of service due to our clients’ Internet service provider, or because of power outages. It is understood that hosting fees do not include any editing or changes to the website code. Additions, deletions, and other changes or upgrades requested will be charged by Fairwind Creative at an hourly charge separate from the hosting fee. Any transactions occurring via this Internet presence are susceptible to the unpredictable nature of the Internet; Fairwind Creative’s liability in no way extends beyond any potential, realized or not: sales, receipts, proceeds, contracts, or any form of monetary gain for the client.

Terms

Fairwind Creative provides a variety of graphic design and Internet services subject to the customer’s compliance with the terms and conditions set forth in this policy.

The Fine Print

Fairwind Creative reserves the right to modify these policies and operating rules at any time. It is the customer’s responsibility to check this document regularly. The customer’s continued use of the service shall be deemed to be an acceptance of these policies and operating rules. It is the responsibility of the customer to remain up to date about system notices and schedules. This includes reading all mailings from Fairwind Creative to our customers. Fairwind Creative reserves the right to revise or discontinue any or all pricing options, time packages, special discounts, or any other aspect of the service at its sole discretion and without prior notice.
Fairwind Creative reserves the right to send its customers periodic email messages outlining new services, features, prices, etc. and/or important system announcements such as upgrades and maintenance shutdowns.
Fairwind Creative’s failure to insist upon or enforce strict performance of any term or condition in this policy shall not be construed as a waiver of any term or condition or right.
The registered owner of an account is responsible for the actions of all parties using that account. It is the responsibility of the customer to ensure that all contact information provided is accurate and complete and kept current.
Force Majeure: Fairwind Creative shall not be responsible for any failure to perform any obligation or provide service hereunder because of any Act of God, strike, work stoppage, governmental acts or directives, war, riot or civil commotion, equipment or facility shortages, or other similar force beyond such Fairwind Creative’s reasonable control.
Fairwind Creative will have the final say on what constitutes a violation of these terms and conditions.
Use of Fairwind Creative services constitutes an understanding and acceptance of these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not continue to use our services. Any violation of these Terms of Use may result in the suspension and/or termination of the services without refund. If you do not agree to be bound by these Acceptable Use Guidelines, please notify us so that we may initiate a closure of your account.
Indemnity: You agree to indemnify, hold harmless, and defend Fairwind Creative, its officers, employees, staff, agents, contractors, and subsidiaries, from and against any claims, actions, damages, liabilities, legal fees, losses, and other expenses in relation to any claims or actions brought against Fairwind Creative arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of any website, database, or software product developed, maintained or adapted by Fairwind Creative, or arising out of any breach by you of use, misuse, copyright, Terms and Conditions, or other liabilities arising out of your use of other websites, information and/or materials.
Governing Law: This agreement shall be governed by the laws of the Province of British Columbia, Canada.

Use of Services

The customer agrees to use Fairwind Creative’s services only for lawful purposes, in compliance with all applicable laws.
Acceptable Use: Customers are expected to exhibit good netiquette. Adult content is not permitted. Other specific activities that are prohibited include but are not limited to: threatening harm to persons or property or otherwise harassing behavior; fraudulently representing products/services using customers’ accounts; facilitating, aiding, or encouraging any of the above activities. In all cases Fairwind Creative has the final say on what does and does not constitute an Acceptable Use.
Violations: Fairwind Creative reserves the right to investigate suspected violations of these Guidelines. When Fairwind Creative becomes aware of possible violations, Fairwind Creative may initiate an investigation which may include gathering information from the customer or customers involved and the complaining party.
During an investigation, Fairwind Creative may block access to customers’ websites and/or email and/or other services provided by Fairwind Creative. If Fairwind Creative believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but is not limited to, temporary or permanent blocking of customers’ websites and/or email and/or other services provided by Fairwind Creative, and the suspension or termination of the customer’s service.
Fairwind Creative, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of these Guidelines could also subject the customer to criminal or civil liability. Violations may also result in additional charges or fines being levied against violating customers, regardless of whether such customers have been found guilty in a court of law.

Website Design and Development

Design Cancellation: If you choose not to pursue the construction of a website before or after signing off on the design proofs, Fairwind Creative will only charge you for the partial time invested in the project and will retain full ownership of the artwork (with the exception of any integrated logos or self-contained page graphics created by Fairwind Creative, so long as they were paid in full). Domain registrations and any approved work will be billed at our regular rate.
Content and Completion: If you do not keep in regular communications with us, or wish to put the project on hold, Fairwind Creative will send you an invoice for work completed to date. After a period of 6 months of inactivity, we will deem your project on hold and issue a work-to-date invoice, which must be paid before work on your project can resume. If you decide to abandon the project at any time, a work-to-date invoice will be issued. Once it is paid and your account is brought up to date, all content, logos, graphics, or any other materials supplied by you to Fairwind Creative, will be provided to you via downloadable files. In the case of database-driven websites, Fairwind Creative retains sole ownership of all database programming and the associated code. Fairwind Creative shall perform a data export, into .CSV format, and deliver this data to you on CD.
Assignment of Copyright: The client retains ownership of all content, logos, graphics, or any other materials supplied by the client to Fairwind Creative. The client retains sole ownership of all content, designs, logo development, and graphic designs contracted and paid for in full. This ownership does not extend to any restriction on the part of Fairwind Creative to develop similar systems or systems perceived to be similar for other clients of Fairwind Creative. Fairwind Creative retains sole ownership of any content supplied by Fairwind Creative. Fairwind Creative retains sole ownership of all database programming and the associated code. In the event of cancellation, Fairwind Creative issues no guarantees that the code developed for a specific project will function on other servers.
Disclaimer of Warranty and Liability: All software integrated into Fairwind Creative’s websites (being primary open source in nature) is provided “as is” without representations or warranties of any kind, whether expressed or implied. You must assume the entire risk of using the software, and Fairwind Creative shall have no liability to you or any other third party for any damages whatsoever, including, but not limited to, any economic or data loss, even if such loss was foreseeable by Fairwind Creative. Any violation of the intellectual property rights of any party as a result of the use of the software is explicitly against the terms of this license, and Fairwind Creative disclaims any liability for the use of the software in this way as unauthorized and outside the scope of any warranty or agreement between the user and Fairwind Creative.
No Guarantee of Results: We make no promise, no guarantee, and no warranty, directly or implied, verbally or in writing, as to your potential ranking in Google or any search engine, website, social media platform, organic, paid, or any other means. These platforms are frequently changing their algorithms and policies, and best practices are continually evolving. You will not hold Fairwind Creative liable for any issues arising from such placement nor from our attempts to increase your ranking. When Fairwind Creative specifically endeavours to improve your rankings, we operate in good faith to the best of our abilities. In no instance shall Fairwind Creative be held liable for any damages relating to our efforts, nor the efforts of any other agency, company, service, or person retained to improve rankings. There are no guarantees of results in any ranking.
View all Website Terms & Conditions here »

Phone and Email Support

Generally, simple questions of clarity and use of Fairwind Creative’s products by Fairwind Creative clients are not invoiced. A “no charge” line entry on your monthly invoice will usually be record of your support call. Other issues can induce phone support charges at our current rates. These include, but are not limited to:

Internet connectivity problems
Domain searches and registration entanglements
Email support for non-Fairwind Creative email accounts
Email support attributable to user error
Repetitive and chronic “how to” support
Repetitive and chronic “lost password” inquiries
Smartphone/tablet configuration and troubleshooting
Help sending large files
Troubleshooting problems with Spam filters
Twitter, Facebook, and other social media account support
Computer hardware troubleshooting
Comparative shopping questions
Strategic planning and consulting
Setting up new email accounts
Configuring existing email accounts on new computers
Cooking and baking questions

System Security

The customer is prohibited from utilizing Fairwind Creative services to compromise the security or tamper with system resources or accounts on computers at Fairwind Creative or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools, or network probing tools.
Fairwind Creative reserves the right to release the contact information of customers involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. Fairwind Creative will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Privacy Policies

For each visitor to our websites, our web servers automatically recognize consumers’ domain name and/or IP addresses.
We collect the email addresses of those who communicate with us via e-mail, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit.
With respect to cookies: We use cookies to store visitors preferences, record session information, such as items that consumers add to their shopping cart, record user-specific information on what pages users access or visit, customize Web page content based on visitors’ browser type or other information that the visitor sends.
If you do not want to receive e-mail from us in the future, please let us know by writing to us at the address on our contact page.
If you supply us with your postal address on-line you will only receive the information for which you provided us your address.
With respect to Ad Servers: We do not partner with or have special relationships with any ad server companies.
Upon request we provide site visitors with access to all information [including proprietary information] that we maintain about them, transaction information (e.g., dates on which customers made purchases, amounts and types of purchases) that we maintain about them, communications that the consumer/visitor has directed to our site (e.g., e-mails, customer inquiries), contact information (e.g., name, address, phone number) that we maintain about them.
Consumers can access this information by writing to us at the address on our contact page.
Upon request we offer visitors the ability to have inaccuracies corrected in contact information. Consumers can have this information corrected by writing to us at the address on our contact page.
With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.
If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number.

Rates

At any time, you may contact us to inquire about our current rates for web design, web development, editing and general web content work, social media services, SEO, digital marketing, logo design, print design, and other graphic design services. We offer a 20% discount for all registered charities by way of a donation back to the organization upon receipt of full payment. In exchange, we require a tax receipt. Some services are billed as flat fees, and some as annual fees.
Notwithstanding any stated rates, it is the responsibility of our customers to inquire about specific rates for work to be carried out by Fairwind Creative or its contractors.
Fairwind Creative’s rates are subject to change without notice.
Projects are locked into a specific hourly rate at the time of the Project Proposal creation and/or Project Agreement signoff. If the project sticks to the proposed timeline, the customer is not subject to increases, but if a project is unexpectedly delayed or paused, all future work will be billed at the hourly rate in effect at that time.

Payment

Projects over $1,000 require a 50% down payment.
For website clients with amounts owing, Fairwind provides a complimentary two-week grace period after an invoice is due to keep the website fully active. If the invoice is not paid after 30 days, a 10% late fee will be added to the total balance, which compounds every subsequent 30 days. If the invoice is not paid after 60 days, the web hosting account and any other services (domain names, third-party software, etc.) will be permanently terminated, and a second compounding 10% late fee will be applied to the outstanding invoice. The client will hereby cease to remain a Fairwind Creative client.
Subsequent Costs
- Projects that include Fairwind Creative web hosting will be billed annually at the rate in effect at the time of renewal.
- Projects that include Fairwind Creative monthly software updates (for WordPress websites, Drupal websites, or otherwise) will be billed annually at the rate in effect at the time of renewal.

Project Cancellation or Abandonment

If you do not keep in regular communications with us during the timeline detailed in your project proposal, or wish to put the project on hold, Fairwind Creative will send you an invoice for work completed to date.
After a period of 60 days of inactivity, we will deem your project on hold and issue a work-to-date invoice, which must be paid before work on your project can resume.
If you decide to abandon the project at any time, a work-to-date invoice will be issued.
Once it is paid and your account is brought up-to-date, all content, logos, graphics, or any other materials supplied by you to Fairwind Creative, will be provided via downloadable digital files. In the case of database-driven websites, Fairwind Creative retains sole ownership of all database programming and the associated code. Fairwind Creative shall perform a data export, into .CSV format, and provide this data to you via downloadable digital files.

Disclaimer

All information found on the Fairwind Creative website is Copyright Fairwind Creative. All Rights Reserved. No documentation or information on this website may be copied, reproduced, distributed, republished, downloaded, displayed, or transmitted in any form without the express written consent of Fairwind Creative.
In no instance shall Fairwind Creative be held liable for any damages relating to this website whatsoever. In particular Fairwind Creative shall not be liable for direct, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any Fairwind Creative website, any Fairwind Creative product or service, nor any email accounts supplied by Fairwind Creative. This includes damages arising from use of or in reliance on the documents or information present on any Fairwind Creative website (including any information obtained through any links on a Fairwind Creative website, even if Fairwind Creative has been advised of the possibility of such damages).
Use of the Fairwind Creative website, and any customers websites, is at your own risk. Fairwind Creative is not responsible for the accuracy of the information contained on the Fairwind Creative website, and any customers websites. Fairwind Creative reserves the right to make changes to the website at anytime without notice.

See our full Privacy Policy

For more details or clarification contact us.

Last updated: August 2, 2025