Terms & Condition
Welcome to 10Div (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of the website https://10div.ca (the “Website”) and any related services, proposals, or deliverables provided by 10Div (collectively, the “Services”).
By accessing our Website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Website or Services.
About 10Div
10Div is a digital marketing and technology company based in Canada. We provide professional services including, but not limited to:
- Web Development
- Web Design and UI/UX Design
- Digital Marketing
- Search Engine Optimization (SEO)
- Speed Optimization
- Hardware and Networking services
Our Canada office is located at 829 Catalpa Square, London, ON N6G 4A5. You may contact us at +1 (647) 332-7733 or sales@10div.ca.
Eligibility and Acceptance
By using our Website or Services, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding agreement. If you are using our Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
Use of the Website
You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not:
- Use the Website in any way that violates applicable Canadian or international laws or regulations
- Attempt to gain unauthorized access to our systems, servers, or networks
- Interfere with or disrupt the security, integrity, or performance of the Website
- Upload or transmit viruses, malware, or any harmful code
- Copy, scrape, crawl, or harvest content from the Website without our prior written consent
- Misrepresent your identity or affiliation with any person or organization
- Use the Website to send unsolicited advertising, spam, or promotional materials
We reserve the right to suspend or terminate access to the Website for any user who violates these Terms or engages in prohibited or illegal activity.
Services and Engagements
Service details, scope, timelines, deliverables, and fees will be defined in a separate proposal, quotation, statement of work (SOW), or service agreement between you and 10Div. In the event of a conflict between these Terms and a signed service agreement, the signed service agreement will prevail for that engagement.
We will use reasonable professional skill and care in delivering the Services. Project timelines are estimates unless expressly stated as firm deadlines in writing. Delays caused by client feedback, content provision, third-party platforms, or circumstances beyond our reasonable control may affect delivery dates.
Client Responsibilities
To enable timely and successful delivery, you agree to:
- Provide accurate, complete, and timely information, content, brand assets, and access credentials as reasonably required
- Review and respond to drafts, approvals, and requests within agreed timeframes
- Ensure you have the rights to all materials you supply to us (including text, images, logos, trademarks, and data)
- Obtain any necessary permissions, licenses, or consents related to your business, products, or marketing activities
- Make payments according to the agreed schedule
Failure to fulfill these responsibilities may result in project delays, additional fees, or suspension of Services.
Fees, Invoices, and Payment
Fees for Services will be as set out in the applicable proposal or agreement. Unless otherwise agreed in writing:
- Invoices are payable according to the payment terms stated on the invoice or agreement
- Late payments may incur interest or suspension of ongoing work until outstanding amounts are cleared
- Taxes (including applicable GST/HST) will be charged where required by law
- Deposits or milestone payments, if specified, are non-refundable except as required by law or expressly agreed in writing
You are responsible for any bank fees, currency conversion charges, or third-party payment processing fees associated with your payments, unless otherwise agreed.
Intellectual Property
7.1 Our Materials
All content on the Website — including text, graphics, logos, images, designs, software, and trademarks — is owned by or licensed to 10Div and is protected by Canadian and international intellectual property laws. You may not copy, modify, distribute, or reproduce Website content without our prior written permission.
7.2 Project Deliverables
Unless otherwise stated in a written agreement, upon full payment of all fees due for a project, you will receive ownership of or a license to use the final deliverables specifically created for you, excluding:
- Pre-existing tools, frameworks, libraries, templates, code snippets, and methodologies owned by 10Div
- Third-party software, plugins, fonts, stock assets, hosting platforms, or licensed materials subject to their own terms
- 10Div’s general know-how, processes, and non-client-specific materials
We may showcase completed work in our portfolio, case studies, and marketing materials unless you request otherwise in writing before project completion.
Third-Party Services and Platforms
Our Services may involve or integrate with third-party platforms (such as hosting providers, advertising networks, analytics tools, CMS platforms, payment gateways, or software vendors). We are not responsible for the availability, performance, policies, pricing changes, or outages of third-party services. Your use of those platforms remains subject to their respective terms and privacy policies.
Digital Marketing and SEO Disclaimer
While we apply industry best practices for digital marketing, SEO, advertising, and related Services, we do not guarantee specific rankings, traffic volumes, lead volumes, conversion rates, or revenue outcomes. Results depend on many factors outside our control, including market conditions, competition, search engine algorithms, advertising platform policies, and your industry.
Confidentiality
Each party agrees to keep confidential any non-public business, technical, or financial information received from the other party in connection with the Services, and not to disclose it to third parties except as needed to perform the Services, as required by law, or with prior written consent. This obligation continues for a reasonable period after the engagement ends, or longer if required by a separate agreement.
Privacy
Our collection and use of personal information is described in our Privacy Policy (Our Policy) available on our Website. By using the Website or Services, you also acknowledge our privacy practices. For privacy-related questions, contact us at sales@10div.ca.
Warranties and Disclaimers
The Website and Services are provided on an “as is” and “as available” basis to the fullest extent permitted by applicable law. Except as expressly stated in a written service agreement, 10Div disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. You are responsible for implementing appropriate safeguards for your own systems and data.
Limitation of Liability
To the maximum extent permitted by applicable law, 10Div and its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to your use of the Website or Services.
Our total aggregate liability arising out of or related to any engagement shall not exceed the total fees paid by you to 10Div for the specific Services giving rise to the claim during the three (3) months preceding the event.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable Canadian law, including liability for fraud or personal injury caused by negligence where such exclusion is prohibited.
Indemnification
You agree to indemnify and hold harmless 10Div and its officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of:
- Your breach of these Terms or any service agreement
- Materials, content, or instructions you provide to us
- Your misuse of the Website or Services
- Your violation of any third-party rights or applicable laws
Termination
We may suspend or terminate your access to the Website or Services if you breach these Terms, fail to pay amounts due, or engage in unlawful or harmful conduct. Either party may terminate a service engagement according to the notice and termination terms in the applicable agreement.
Upon termination, you remain responsible for payment of all fees for work performed up to the effective termination date, and any provisions that by their nature should survive (including intellectual property, confidentiality, limitation of liability, and indemnification) will continue in effect.
Changes to These Terms
We may update these Terms from time to time. The “Last Updated” date at the top of this document indicates when changes were last made. Continued use of the Website or Services after changes are posted constitutes acceptance of the revised Terms. For material changes affecting ongoing client engagements, we will provide notice as reasonably practicable.
Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree that the courts of Ontario, Canada shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, subject to any mandatory consumer protection rights that may apply.
Before commencing formal legal proceedings, the parties agree to attempt in good faith to resolve disputes through informal negotiation.
Force Majeure
Neither party shall be liable for failure or delay in performance caused by circumstances beyond reasonable control, including natural disasters, war, terrorism, labor disputes, internet or utility outages, government actions, epidemics, or failures of third-party platforms or suppliers.
Severability and Entire Agreement
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy and any applicable written service agreement, constitute the entire agreement between you and 10Div regarding the Website and, unless superseded by a signed contract, the Services.
Contact Us
If you have questions about these Terms and Conditions, please contact us:
829 Catalpa Square, London, ON N6G 4A5, Canada
Phone: +1 (647) 332-7733
Email: sales@10div.ca
Website: https://10div.ca