Terms & Conditions

1. Agreement to these terms

These Terms & Conditions (“Terms”) govern your use of the Clairmont Bay Inc website and, where applicable, the services we provide. By accessing our website or engaging our services, you agree to these Terms.

If you do not agree, please do not use our website or request our services. For project-specific work, a separate proposal, statement of work, or service agreement may also apply and will take precedence over these Terms where there is a conflict.

2. About Clairmont Bay Inc

Clairmont Bay Inc provides digital commerce services including custom web development, business websites, ecommerce development (including Shopify, WooCommerce, and custom platforms), marketplace services for Amazon, eBay, and Walmart, and related consulting and support.

References to “Clairmont Bay”, “we”, “us”, or “our” mean Clairmont Bay Inc. “You” means the individual or business using our website or engaging our services.

3. Use of our website

You may use our website for lawful purposes only. You agree not to misuse the site, attempt unauthorised access to systems or data, interfere with site operation, or use the site to distribute harmful code or misleading content.

We may update, suspend, or discontinue any part of the website at any time without notice. We do not guarantee that the site will always be available, uninterrupted, or error-free.

4. Enquiries and proposals

Submitting a contact form or enquiry does not create a binding contract. We respond to enquiries in good faith, typically within one business day, and may request additional information before discussing scope or pricing.

Any proposal, estimate, or quotation we provide is based on the information available at the time and remains valid only for the period stated (or a reasonable period if none is stated). Final scope and fees are confirmed in writing before work begins.

5. Services and deliverables

Services are delivered according to an agreed scope. Changes to scope, timelines, platforms, or deliverables may affect fees and schedules and should be confirmed in writing.

You are responsible for providing timely access, feedback, content, credentials, and decisions needed for the project. Delays on your side may extend timelines. We are not responsible for third-party platform outages, policy changes, or approval decisions by Amazon, eBay, Walmart, Shopify, payment providers, or other third parties.

6. Fees and payment

Fees, payment schedules, and billing terms are set out in the relevant proposal or service agreement. Invoices are payable according to the stated terms. Late payment may result in suspension of work or delayed delivery until outstanding amounts are cleared.

Unless otherwise agreed in writing, fees do not include third-party costs such as domain registration, hosting, paid plugins, advertising spend, marketplace fees, or stock photography.

7. Intellectual property

Until full payment is received for the relevant work, Clairmont Bay Inc retains ownership of materials we create. Upon full payment, you receive the rights agreed in the project documents for the final deliverables, excluding third-party tools, libraries, themes, plugins, stock assets, and pre-existing Clairmont Bay materials.

You confirm that content, branding, product data, and materials you provide do not infringe third-party rights. You remain responsible for the legality of your products, listings, claims, and business operations.

8. Confidentiality

Each party agrees to keep confidential information shared during an engagement reasonably secure and not to disclose it to third parties except as needed to perform the services, with professional advisors, or as required by law.

9. No guarantees of commercial results

We design and build websites, ecommerce stores, and marketplace assets to professional standards. However, we do not guarantee specific sales, ranking, traffic, conversion rates, marketplace approval, advertising performance, or business outcomes. Results depend on many factors outside our control, including your products, pricing, operations, competition, and platform algorithms.

10. Limitation of liability

To the fullest extent permitted by law, Clairmont Bay Inc is not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity arising from use of our website or services.

Our total liability for any claim relating to a project is limited to the fees paid to us for the specific services giving rise to the claim in the three months preceding the claim, unless a different limitation is agreed in writing.

11. Indemnity

You agree to indemnify and hold harmless Clairmont Bay Inc from claims, losses, and expenses arising from your misuse of our website or services, your content or product listings, your breach of these Terms, or your violation of applicable laws or third-party rights.

12. Third-party platforms and trademarks

Amazon, eBay, Walmart, Shopify, WooCommerce, and other platform names are trademarks of their respective owners. Clairmont Bay Inc is an independent service provider and is not affiliated with, endorsed by, or sponsored by those platforms unless expressly stated.

13. Termination

Either party may terminate an engagement according to the terms of the applicable proposal or service agreement. Website access and use of publicly available site pages may be restricted if you misuse the site. Provisions that by nature should survive termination (including intellectual property, confidentiality, limitation of liability, and indemnity) will continue to apply.

14. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page reflects the latest version. Continued use of the website after changes constitutes acceptance of the updated Terms. Material changes affecting an active service engagement will be communicated where reasonably practicable.

15. Governing law

These Terms are governed by the laws applicable to Clairmont Bay Inc’s place of business, without regard to conflict-of-law principles. Disputes will first be addressed in good faith through discussion. If unresolved, courts with jurisdiction over our place of business will have exclusive jurisdiction, unless mandatory consumer or local law requires otherwise.

16. Contact

Questions about these Terms & Conditions can be sent to clairmontbay@aol.com or submitted through our Contact page.

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