Legal

Terms & Conditions

Last updated · 2018-07-12

GENERAL TERMS AND CONDITIONS OF SERVICE
Last Updated: May 15, 2026

PREAMBLE

These General Terms and Conditions of Service (hereinafter the "Terms") govern the contractual relationship between:

BOLLÉ COMMUNICATIONS INC.
Administrative Address:
410 Saint-Nicolas Street, Suite 236
Montreal (Quebec) H2Y 2P5, Canada
Email: info@bolle.ca
hereinafter referred to as "THE PROVIDER"

AND:

Any natural or legal person (business, association, individual, etc.), hereinafter referred to as "THE CLIENT", who uses the services of THE PROVIDER.

The parties agree as follows:

1. PURPOSE AND SCOPE

1.1 Services Provided by THE PROVIDER

THE PROVIDER offers the following services, detailed in specific commercial proposals:

A. Digital Services

  • Website Design: Creation, redesign, development, and management of websites (showcase sites, institutional sites, etc.).

  • E-Commerce: Development of online stores, payment gateway integration, product and order management.

  • Web Marketing (SEO-SEM): Search engine optimization (SEO), online advertising (SEM), Google Ads campaigns, etc.

  • AI Automation: Integration of artificial intelligence tools to automate processes (chatbots, data analysis, etc.).

B. Communication & Marketing Services

  • Advertising and Marketing: Creation and management of advertising campaigns (online and offline).

  • Communication Strategy: Development of comprehensive communication plans.

  • Social Media Management: Content creation, scheduling, performance analysis.

  • Media Relations: Press release writing, interview organization, media relationship management.

  • Media Placement: Purchase of advertising space (digital, print, radio, television).

C. Audiovisual Production Services

  • Video Production: Conceptualization and production of videos (corporate, advertising, tutorials, etc.).

  • Filming: Organization and execution of shoots (crew, equipment, locations).

  • Editing and Post-Production: Video editing, special effects, subtitling, etc.

  • Drone Footage: Aerial filming for various projects.

  • Narration: Creation of voiceovers, scripts, and storytelling for videos.

1.2 Acceptance of Terms

THE CLIENT unconditionally accepts these Terms:

  • Upon signing the commercial proposal.

  • By using THE PROVIDER’s services.

  • In case of tacit or explicit renewal.

1.3 Precedence

In the event of a contradiction between these Terms and the commercial proposal, the commercial proposal shall prevail.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1 Obligations of THE PROVIDER

2.1.1 Quality of Services

THE PROVIDER commits to:

  • Complying with industry professional standards for each service.

  • Delivering work in accordance with the commercial proposal and specifications.

  • Using up-to-date and secure technologies for all services.

2.1.2 Confidentiality

  • Not disclosing THE CLIENT’s information to third parties, except:

    • With written consent from THE CLIENT.

    • To comply with a legal obligation (e.g., subpoena, applicable law).

    • In the context of a merger/acquisition (with prior notice to THE CLIENT).

  • Protecting personal data in accordance with:

    • Quebec’s Law 25 (protection of personal information).

    • GDPR (for European clients).

    • Other applicable laws.

2.1.3 Web Hosting (if applicable)

  • Annual Plans:
    THE CLIENT must notify THE PROVIDER in writing (email or registered letter) at least 60 days before the renewal date if they wish to:

    • Move their website to another host.

    • Terminate the plan.
      Failure to do so will result in the plan being automatically renewed for another year under the same conditions.

  • Monthly Plans:
    Can be terminated with 30 days’ notice.

2.1.4 Technical Support

  • THE PROVIDER offers limited support (response time: 48 business hours for standard requests).

  • Urgent requests (e.g., critical downtime) are prioritized.

2.2 Obligations of THE CLIENT

2.2.1 Provision of Content and Information

  • THE CLIENT must provide all necessary elements (texts, images, logos, access, etc.) within the agreed deadlines.

  • Delays by THE CLIENT: THE PROVIDER is not responsible for delays in delivery.

2.2.2 Content Responsibility

THE CLIENT guarantees that:

  • The provided content complies with all laws (copyright, data protection, etc.).

  • The information is accurate and up-to-date.

  • No illegal content (defamation, copyright infringement, etc.) is published.

2.2.3 Payment

  • Invoices are payable upon receipt, unless otherwise specified.

  • Late Payment:

    • 2% monthly interest (legal rate in Quebec).

    • Suspension of services after 30 days of delay.

2.2.4 Collaboration

THE CLIENT commits to:

  • Validating project milestones within the specified deadlines.

  • Responding to THE PROVIDER’s requests within 5 business days.

3. INTELLECTUAL PROPERTY

3.1 Rights to THE PROVIDER’s Creations

  • THE PROVIDER retains all copyrights to:

    • The source code of websites and applications.

    • Designs, mockups, and graphical elements (unless otherwise agreed in writing).

    • Marketing and communication strategies developed.

    • Videos and audiovisual productions (unless otherwise specified in the commercial proposal).

  • THE CLIENT receives a non-exclusive, non-transferable license to use the creations made for the project.

3.2 Content Provided by THE CLIENT

  • THE CLIENT retains all rights to the content they provide (texts, images, videos, etc.).

  • THE CLIENT authorizes THE PROVIDER to use this content solely for the project in question.

3.3 Use of Audiovisual Productions

  • For video production, filming, editing, drone footage, and narration services, THE PROVIDER grants THE CLIENT a license to use the productions for the following purposes:

    • THE CLIENT’s website.

    • THE CLIENT’s social media.

    • THE CLIENT’s advertising campaigns.

  • Restrictions: THE CLIENT may not resell or transfer the videos to third parties without THE PROVIDER’s written consent.

4. SPECIFIC CONDITIONS BY SERVICE

4.1 Website Design and E-Commerce

  • Maintenance: THE PROVIDER offers maintenance packages (technical updates, backups, etc.).

  • Training: THE CLIENT may receive training for website management (billed separately).

4.2 Web Marketing (SEO-SEM) and AI Automation

  • Results: THE PROVIDER commits to implementing optimized strategies but does not guarantee specific rankings in search engines (as search engine algorithms are beyond its control).

  • Data: THE CLIENT authorizes THE PROVIDER to access their analytics data (Google Analytics, etc.) to optimize campaigns.

4.3 Communication & Marketing

  • Media Placement: THE PROVIDER acts as an intermediary and does not guarantee the results of advertising campaigns (which depend on external factors).

  • Media Relations: THE CLIENT commits to providing accurate information for press releases.

4.4 Video Production and Audiovisual Services

  • Usage Rights: Videos produced are exclusively for THE CLIENT’s use for the agreed purposes.

  • Drone Footage: THE CLIENT commits to obtaining necessary permissions (e.g., filming permits, flight authorizations) and informing THE PROVIDER of local restrictions.

5. HOSTING AND SECURITY (if applicable)

5.1 Hosting Conditions

  • THE PROVIDER does not guarantee 100% uptime (target: 99.9%).

  • Backups: Performed weekly (retention: 30 days).

  • Restoration: Billed at $100/hour (if requested by THE CLIENT).

5.2 Security

  • THE PROVIDER implements standard security measures (SSL, firewall, etc.).

  • THE CLIENT is responsible for:

    • The security of their passwords.

    • Updates to their CMS (e.g., WordPress, Shopify).

6. TERMINATION

6.1 Termination by THE CLIENT

  • Annual Plans (hosting, maintenance, etc.): 60 days’ notice before the end of the term.

  • Monthly Plans: 30 days’ notice.

  • Termination Fees:

    • 20% of the remaining amount if terminated before the end of the contract.

6.2 Termination by THE PROVIDER

THE PROVIDER may terminate without notice in case of:

  • Non-payment after 30 days of delay.

  • Serious breach by THE CLIENT (e.g., illegal content, harassment).

  • Abusive behavior (e.g., unreasonable demands, non-compliance with obligations).

6.3 Effects of Termination

  • THE CLIENT must pay for services already rendered.

  • THE PROVIDER deletes THE CLIENT’s data after 30 days (unless legally required to retain it).

7. LIMITATION OF LIABILITY

7.1 Exclusions

THE PROVIDER is not liable for:

  • THE CLIENT’s loss of revenue.

  • Indirect damages (e.g., data loss due to THE CLIENT’s negligence).

  • Technical issues caused by third parties (e.g., external hosts, advertising platforms).

7.2 Liability Cap

THE PROVIDER’s liability is limited to the amount paid by THE CLIENT in the last 12 months.

8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1 Governing Law

These Terms are governed by the laws of Quebec (Canada).

8.2 Dispute Resolution

  • Mediation: Priority will be given to amicable resolution.

  • Jurisdiction: The courts of Montreal (Quebec) have exclusive jurisdiction.

9. MISCELLANEOUS

9.1 Amendments to Terms

THE PROVIDER may amend these Terms at any time with 30 days’ notice (notification by email).

9.2 Entire Agreement

These Terms supersede and replace any previous version.

9.3 Assignment

THE CLIENT may not assign their rights without THE PROVIDER’s written consent.

For any questions:
📧 info@bolle.ca
📍 410 Saint-Nicolas Street, Suite 236, Montreal (Quebec) H2Y 2P5