Terms of Service

Canada wide website and service terms for JS Digital Incorporated

Effective Date: August 14, 2026
Last Updated: August 14, 2026

JS Digital Incorporated
Canada

Who These Terms Apply To

Visitors to jsdigital.ca and clients using JS Digital services where no more specific agreement controls.

Project Contracts

A signed master services agreement, statement of work, proposal, order form, or product specific terms take priority for that service.

Custom Deliverables

After full payment, clients receive the ownership or licence rights stated in the project documents, while JS Digital retains its pre existing tools and reusable technology.

Consumer Rights

Nothing in these Terms removes mandatory rights under applicable federal, provincial, or territorial consumer protection law.

Privacy

Personal information is handled under the JS Digital Privacy Policy and any applicable data processing terms.

Contact

JS Digital Incorporated
Nanaimo, British Columbia, Canada
Email: info@jsdigital.ca
Telephone: 250 797 4649

Important: These Terms are the general website and service terms for JS Digital Incorporated. A signed client agreement, statement of work, proposal, order form, or product specific agreement may contain different or additional terms. If there is a conflict, the more specific signed or accepted agreement controls for that service.

1. Acceptance and Purpose

These Terms of Service and Website Use (Terms) govern access to jsdigital.ca and the general provision of services by JS Digital Incorporated (JS Digital, we, us, or our) where no more specific agreement applies.

By accessing or using our website, submitting a service request, accepting a proposal, placing an order, creating an account, or otherwise using a service that refers to these Terms, you agree to these Terms to the extent permitted by applicable law.

If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree to the applicable Terms, do not use the affected service. Mandatory rights that cannot lawfully be waived continue to apply.

2. About JS Digital

JS Digital Incorporated is a Canadian information technology consulting and software services company based in Nanaimo, British Columbia. We provide services across Canada and may serve clients in other jurisdictions where permitted.

Our services may include custom software development, web and mobile applications, systems integration, application programming interfaces, workflow automation, cloud architecture and implementation, data engineering, databases, artificial intelligence solutions, technical support, maintenance, infrastructure management, monitoring, security hardening, and related consulting services.

Email: info@jsdigital.ca
Telephone: 250 797 4649
Website: jsdigital.ca
Location: Nanaimo, British Columbia, Canada

3. Scope and Order of Precedence

These Terms provide a general legal framework. Specific work may be governed by one or more additional documents, including a master services agreement, statement of work, proposal, quotation, order form, subscription agreement, support plan, service level agreement, data processing agreement, confidentiality agreement, or product specific terms.

If documents conflict, the following order generally applies unless the documents expressly say otherwise:

1. A signed master services agreement or negotiated contract.
2. The applicable statement of work, order form, proposal, or product specific terms.
3. An applicable data processing or security addendum for its subject matter.
4. These Terms.

Product specific terms may apply to hosted applications, subscription products, portals, or software products operated by JS Digital. Those product terms govern the applicable product.

4. Eligibility and Authority

You must have legal capacity to enter into a binding agreement.

If you use our services on behalf of a business, government entity, nonprofit, partnership, or other organization, you confirm that you are authorized to act for that organization.

Our general professional services are primarily business facing.

If you are a consumer, all mandatory protections under the law that applies to your transaction remain in effect, regardless of language elsewhere in these Terms.

5. Website Use

You may use our website for lawful informational, enquiry, consultation, and business purposes.

Website content is provided for general information and does not by itself create a professional services relationship, guarantee project acceptance, or constitute legal, financial, accounting, tax, medical, or other regulated professional advice.

You must not interfere with the operation or security of the website, attempt unauthorized access, scrape or harvest information in a manner that violates law or technical controls, introduce malicious code, impersonate another person, or use the website to facilitate unlawful activity.

We may change, suspend, or discontinue website features at any time, subject to applicable law.

6. Professional Services and Proposals

Service descriptions on our website are general.

A project becomes binding only when the parties complete the acceptance process stated in the applicable proposal, statement of work, order form, or other agreement.

Estimates and Quotations

Unless expressly stated as fixed and binding, an estimate is an informed forecast rather than a guaranteed final price.

Assumptions, exclusions, dependencies, client decisions, third party costs, scope changes, technical discoveries, and delays can affect effort, timing, and price.

A quotation or proposal is valid only for the period stated in it.

Project Scope and Acceptance Criteria

The project documents should identify the services, deliverables, milestones, fees, assumptions, responsibilities, and any acceptance criteria.

Work outside the agreed scope may require a change request, revised estimate, or separate authorization.

No Obligation to Accept Every Project

Submitting an enquiry or receiving an estimate does not require JS Digital to accept the engagement.

We may decline work because of capacity, conflicts, technical risk, legal or security concerns, or other legitimate business reasons.

7. Client Responsibilities

Clients are responsible for timely cooperation and for providing accurate information, access, decisions, approvals, content, credentials, environments, personnel, and other dependencies reasonably required to perform the services.

Unless the project documents state otherwise, the client is responsible for:

• Ensuring it has the rights and authority to provide data, content, software, systems, credentials, and instructions to JS Digital.

• Maintaining appropriate backups and business continuity for systems under the client’s control.

• Reviewing deliverables, testing business workflows, and providing approvals or issue reports within agreed timelines.

• Obtaining licences, permissions, notices, consents, and regulatory approvals required for the client’s business or data.

• Maintaining the security of client controlled accounts, endpoints, users, and credentials after handoff.

• Not instructing JS Digital to perform unlawful, deceptive, infringing, or unauthorized activity.

Delays in client dependencies may affect schedules, fees, resource availability, and delivery dates.

8. Fees, Taxes and Payment

Fees, billing frequency, deposits, milestones, subscriptions, reimbursable expenses, and payment dates are stated in the applicable project documents or invoice.

Unless expressly stated otherwise, prices are in Canadian dollars and applicable taxes are additional.

Invoices are due according to the payment terms stated on the invoice or governing agreement.

If an undisputed amount becomes overdue, JS Digital may pause affected work after reasonable notice where permitted by law and contract.

Any interest or late charges apply only where disclosed and legally permitted.

Clients should raise good faith invoice disputes promptly and identify the amount and reason disputed.

Undisputed portions remain payable.

Third party platform, cloud, hosting, domain, licence, messaging, data, payment processor, artificial intelligence, or similar usage charges may be billed directly by the third party or passed through to the client as stated in the project documents.

9. Changes, Delays and Project Dependencies

Either party may propose a scope change.

JS Digital is not required to begin material out of scope work until the parties agree on its effect on fees, schedule, deliverables, or other terms.

Delivery dates may depend on client approvals, third party services, access to systems, vendor reviews, app store or platform approvals, data quality, regulatory requirements, procurement, security reviews, or other dependencies outside JS Digital’s reasonable control.

We will communicate material known impacts and work in good faith to adjust the plan.

10. Third Party Services and Integrations

Projects may depend on third party products or services such as cloud platforms, payment processors, software libraries, application programming interfaces, artificial intelligence providers, source control platforms, analytics systems, communication services, operating systems, marketplaces, or client selected vendors.

Third party services are governed by their own terms, licences, pricing, privacy practices, availability, and technical limitations.

JS Digital does not control changes made by third parties and is not responsible for a third party outage, policy change, price increase, discontinued feature, security incident, or service limitation except to the extent directly caused by JS Digital’s breach of an applicable obligation.

Where a client directs us to use a specific third party, the client is responsible for approving that provider and maintaining any required account or licence unless the project documents state otherwise.

11. Accounts, Credentials and Security

If a service requires an account, you must provide accurate information, keep credentials confidential, use reasonable security controls, and promptly notify us of suspected unauthorized access.

Do not send passwords, private keys, cloud secrets, database credentials, payment card data, or other highly sensitive information through ordinary website forms or unsecured channels unless JS Digital has expressly instructed you to use that method.

Where possible, use an approved secure credential or secret sharing process.

We may disable or rotate credentials, restrict access, or take other protective measures when reasonably necessary to address security risk, unauthorized access, abuse, or legal requirements.

12. Intellectual Property

Client Materials

The client retains ownership of content, data, trademarks, software, documentation, and other materials it provides.

The client grants JS Digital a limited right to use those materials only as reasonably necessary to perform the services, protect the services, comply with law, and exercise contractual rights.

Project Specific Deliverables

Ownership of custom deliverables is governed by the applicable project documents.

Unless those documents state otherwise, after JS Digital receives full payment of all amounts due for the applicable work, the client owns the final project specific deliverables created specifically for that client, excluding JS Digital Background Technology, third party materials, and open source components.

JS Digital Background Technology

JS Digital retains ownership of pre existing and independently developed software, libraries, utilities, templates, frameworks, methods, know how, generic components, processes, documentation patterns, development tools, and reusable technology (Background Technology).

To the extent Background Technology is embedded in a paid client deliverable and is required to use that deliverable, JS Digital grants the client a perpetual, nonexclusive, worldwide, royalty free licence to use that embedded Background Technology as part of the deliverable, unless the project documents state otherwise.

Open Source and Third Party Materials

Open source software and third party components remain subject to their applicable licences and terms.

Those licence terms control where they conflict with these Terms.

Feedback

If you voluntarily provide suggestions or feedback about JS Digital’s services, we may use that feedback without restriction or payment, provided we do not disclose client confidential information in doing so.

13. Confidentiality

Each party may receive nonpublic business, technical, security, financial, customer, or commercial information from the other party.

Unless a separate confidentiality agreement applies, each party will use the other party’s confidential information only for the relationship, protect it using reasonable care, and disclose it only to personnel, advisers, and service providers who need it and are subject to appropriate confidentiality obligations.

Confidential information does not include information that the receiving party can demonstrate was lawfully known without restriction, independently developed without use of the confidential information, lawfully received from a third party without confidentiality duty, or made public through no breach by the receiving party.

A party may disclose confidential information where legally required, and where lawful and practical will provide notice so the other party can seek appropriate protection.

14. Privacy and Data Handling

JS Digital handles personal information under its Privacy Policy and applicable privacy law.

A client engagement may also be governed by a data processing agreement, privacy schedule, security schedule, or sector specific requirements.

Where JS Digital processes personal information on a client’s instructions, the client is responsible for the lawful basis, notices, consents, permissions, and instructions required for that processing.

JS Digital may refuse an instruction that it reasonably believes would require unlawful processing.

Where a privacy or security incident affects client controlled information, the parties will follow applicable law and the notification and cooperation obligations in the governing agreement.

15. Artificial Intelligence Services

Some services may use machine learning, large language models, artificial intelligence application programming interfaces, agents, automation tools, or other computational systems.

Artificial intelligence outputs can be incomplete, inaccurate, nonunique, or inappropriate for a particular purpose and should be reviewed by a qualified human before material business decisions or external use.

Unless a project agreement expressly states otherwise, JS Digital does not guarantee that generated output will be error free, unique, or free from all third party claims.

The client remains responsible for final review, business decisions, required professional review, and the lawful use of generated output.

JS Digital does not submit client confidential information or personal information to publicly accessible generative artificial intelligence services for provider model training except where the client expressly authorizes that processing and it is permitted by law and contract.

Additional artificial intelligence governance, data residency, vendor, review, or retention controls may be stated in the project documents.

16. Acceptance, Support and Warranties

We stand behind the work we agree to deliver.

Any formal acceptance criteria, warranty period, support commitment, remediation process, uptime target, or service level is stated in the applicable project documents.

Where a fixed scope deliverable fails to materially meet documented acceptance criteria because of JS Digital’s work, and the client reports the issue within the applicable acceptance or warranty period, JS Digital will use commercially reasonable efforts to correct the nonconformity in accordance with the governing agreement.

Unless expressly agreed in writing, warranties do not cover problems caused by client modifications, misuse, unsupported environments, third party changes, external outages, compromised credentials outside JS Digital’s control, failure to follow documentation, or use outside the agreed scope.

Except for express warranties in a governing agreement and warranties that cannot legally be excluded, services, website content, beta features, and informational materials are provided on an as available basis without implied warranties to the fullest extent permitted by law.

17. Availability and Service Changes

Unless a written service level agreement states otherwise, JS Digital does not guarantee uninterrupted or error free access to a website, hosted feature, development environment, support channel, or third party dependent service.

We may perform maintenance, deploy updates, address security risks, change technical architecture, or discontinue a feature.

For paid ongoing services, we will follow the applicable agreement and provide notice where required.

18. Acceptable Use

You must not use the website or services to:

• Violate applicable law, sanctions, court orders, or third party rights.

• Introduce malware, ransomware, destructive code, or unauthorized surveillance.

• Gain unauthorized access to systems, accounts, data, or networks.

• Send spam or deceptive communications, impersonate others, or facilitate fraud.

• Infringe intellectual property, privacy, publicity, confidentiality, or contractual rights.

• Perform load, security, penetration, vulnerability, or destructive testing against systems without authorization.

• Use a service in a way that creates a material security, legal, operational, or reputational risk for JS Digital or another person.

Authorized security testing performed as part of an agreed engagement is permitted within the documented scope.

19. Suspension and Termination

Either party may terminate services as permitted by the governing agreement.

If no specific termination provision applies, either party may terminate an ongoing nonfixed service on reasonable written notice, subject to payment for work performed, approved expenses, noncancelable commitments, and any minimum term already agreed.

JS Digital may suspend affected services or access where reasonably necessary because of overdue undisputed amounts, security risk, unlawful use, material breach, abuse, or a legal requirement.

Where circumstances permit, we will give notice and a reasonable opportunity to cure before suspension.

On termination, each party remains responsible for obligations accrued before termination.

Provisions intended by their nature to survive, including payment, confidentiality, intellectual property, privacy, disclaimers, liability limits, and dispute provisions, continue to apply.

20. Business Client Indemnity

If you use the services for business or organizational purposes, you agree, to the extent permitted by law, to defend and indemnify JS Digital and its directors, officers, employees, and contractors against third party claims, damages, costs, and reasonable legal fees arising from client materials, unlawful client instructions, the client’s violation of third party rights, or the client’s material breach of the acceptable use obligations, except to the extent the claim was caused by JS Digital’s own breach, negligence, or wrongful act.

This section does not apply to a consumer to the extent it would conflict with mandatory consumer protection law.

21. Limitation of Liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

To the fullest extent permitted by law, neither party will be liable to the other for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, lost revenue, lost business opportunity, or loss of goodwill, arising from these Terms or the services, except where the governing agreement expressly provides otherwise.

For paid services, and unless a signed agreement states a different cap, JS Digital’s aggregate liability arising from the affected service will not exceed the fees paid or payable to JS Digital for that affected service during the twelve months immediately preceding the event giving rise to the claim.

For claims arising solely from free use of the public website, JS Digital’s aggregate liability will not exceed CAD $100.

The limitations in this section apply only to the extent enforceable and do not reduce mandatory statutory remedies or rights.

Different liability terms in a signed client agreement take priority.

22. Consumer Rights, Cancellation and Refunds

Nothing in these Terms waives, releases, or reduces a consumer right that cannot lawfully be waived under federal, provincial, or territorial law.

Where JS Digital enters into an online, telephone, subscription, future performance, or other regulated consumer contract, we will provide disclosures, contract copies, cancellation rights, refund information, and other protections required by the law that applies to the transaction.

For professional services, fees for work already properly performed and approved noncancelable third party costs are generally not refundable unless the governing agreement or applicable law provides otherwise.

Deposits, prepaid fees, subscriptions, cancellation fees, and refund terms are governed by the applicable proposal, order form, product terms, or other agreement, subject always to mandatory law.

If a consumer has a statutory right to cancel or obtain a refund, that statutory right prevails over any inconsistent wording in these Terms or another standard policy.

23. Quebec Language Requirements

JS Digital respects applicable French language requirements in Quebec.

Where these Terms, a proposal, subscription, or another standard form agreement constitutes a contract of adhesion or other contract that must first be provided in French under Quebec law, JS Digital will make the French version available before the customer is asked to be bound by a version in another language.

Where Quebec law permits the parties to contract in English after the required French version has been provided, the customer’s express language choice will be documented as required.

We will not charge a customer for preparation of a French version where the law prohibits such a charge.

For Quebec transactions, these Terms must be implemented together with any additional consumer, privacy, and French language requirements that apply to the specific service and customer.

24. Electronic Communications and Signatures

You consent to receiving contracts, proposals, invoices, project notices, support communications, and other records electronically where permitted by law.

Electronic acceptance, signatures, checkboxes, approval actions, and similar electronic methods may be used to form or evidence an agreement where legally valid.

You are responsible for maintaining a current email address and for reviewing notices sent to the business or account contact you provide.

Marketing messages remain subject to Canada’s Anti Spam Legislation and our Privacy Policy.

25. Governing Law and Disputes

Before starting formal proceedings, the parties should first attempt in good faith to resolve a dispute through written notice describing the issue and requested resolution.

Unless mandatory law requires otherwise or a signed agreement states otherwise, these Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable there, without regard to conflict of law rules.

Subject to mandatory jurisdiction rules, the courts of British Columbia will have jurisdiction over disputes arising from these Terms.

This section does not prevent a consumer from relying on mandatory rights, remedies, venue protections, or regulator processes available under the law of the consumer’s province or territory.

26. Force Majeure

Neither party is liable for delay or failure to perform an obligation, other than a payment obligation for services already delivered, to the extent caused by events beyond that party’s reasonable control, such as major internet or cloud outages, natural disasters, fire, severe weather, labour disruption, war, terrorism, civil disorder, epidemic, government action, utility failure, or widespread cyberattack.

The affected party must use commercially reasonable efforts to reduce the impact and resume performance.

If a force majeure event materially prevents performance for an extended period, the parties will discuss a practical adjustment or termination of the affected work.

27. Changes to These Terms

We may update these Terms to reflect changes in law, services, technology, security, or business operations.

The Last Updated date identifies the current version.

Changes to general website terms may apply when posted.

Material changes to paid ongoing services will be handled according to the governing agreement and applicable law.

We will not use a website update to retroactively change the commercial terms of a signed statement of work unless the governing agreement legally permits that change.

28. General Terms

If any provision is found unenforceable, the remaining provisions continue to apply and the affected provision will be interpreted or limited only to the extent necessary to make it enforceable where permitted by law.

A failure to enforce a provision is not a waiver of that provision.

A waiver must be clear and authorized.

You may not assign a client agreement without JS Digital’s consent where consent is required by the governing agreement, except as permitted in connection with a genuine corporate reorganization, merger, or sale of substantially all relevant business assets.

JS Digital may assign an agreement as part of a corporate reorganization, financing, merger, acquisition, or sale, subject to applicable law and contractual restrictions.

Headings are for convenience only.

Words such as including mean including without limitation.

These Terms and the applicable project documents form the agreement for their subject matter and replace prior discussions on that same subject to the extent stated in the governing documents.

29. Contact

JS Digital Incorporated
Nanaimo, British Columbia, Canada
Email: info@jsdigital.ca
Telephone: 250 797 4649
Website: jsdigital.ca

Questions about privacy should be marked Privacy Request.

Contract, billing, or service questions should identify the relevant client, project, proposal, or invoice where available.

Effective Date: August 14, 2026
Last Updated: August 14, 2026

These Terms do not limit any rights or remedies that cannot lawfully be excluded.