Legal Documentation

Terms of Service

The terms governing engagement with EXFETCH and the Digital Profile build service. Please read carefully before booking a call or engaging with any EXFETCH service.

EffectiveMay 27, 2026
Last UpdatedMay 27, 2026
Version1.0
Governing LawOntario, Canada & England & Wales
01
Agreement to Terms

By booking a consultation with EXFETCH, purchasing a Digital Profile, using the EXFETCH website, or otherwise engaging with EXFETCH in any capacity, you agree to be bound by these Terms of Service ("Terms").

If you do not agree to these Terms, you may not engage with or purchase any EXFETCH service.

These Terms apply to all engagements with EXFETCH unless expressly superseded by a signed Service Agreement. In the event of conflict between these Terms and a signed Service Agreement, the signed agreement takes precedence.

References to "Client" mean the individual, company, or entity engaging EXFETCH for a Digital Profile build.

02
The Digital Profile Service

EXFETCH provides the Digital Profile — a fixed-scope, production-grade website build service for franchise brands and multi-location businesses.

The Digital Profile is a one-time build engagement governed by these Terms and a separate Digital Profile Service Agreement, which is issued and agreed upon prior to build commencement.

The Digital Profile includes: a brand website system, location page architecture (up to 40 locations), menu system, interactive map, design system, legal pages, and full HTML source code. The complete scope is specified in the Service Agreement issued to the Client.

Ownership of all delivered assets transfers to the Client in full upon receipt of complete payment. EXFETCH retains no ongoing licence to the delivered code or content.

EXFETCH may offer additional services — including managed digital operations and AI systems — by separate arrangement. These are not included in the Digital Profile and are governed by their own agreements. Enquiries about additional services should be directed to hello@exfetch.com or raised during a booked consultation.

03
Project Scope & Deliverables

The scope of each Digital Profile engagement is defined in the Service Agreement issued by EXFETCH prior to build commencement. Scope includes the specific pages, location count, features, and content requirements agreed between the parties.

Included in the build
Brand website system with all agreed pages
Location pages up to the agreed number
Menu system with allergen architecture
Interactive location map
Design system and component set
Legal pages (privacy policy, terms of service)
Full HTML source code and asset handoff
Not included unless agreed separately
Ongoing content management or updates post-delivery
Location pages beyond the agreed count
Additional features or pages not in the Service Agreement
Photography, video, or original content creation
Third-party platform integrations beyond those specified
Hosting, domain registration, or ongoing maintenance
Deployment to Client's domain
AI ordering, support, or lead management systems

Any work identified as outside the agreed scope constitutes a new project and will be quoted separately.

04
Client Responsibilities

The Client is responsible for providing, on agreed timelines:

  • All brand assets — logos, photography, and existing visual guidelines
  • Complete and accurate location data — addresses, hours, menus, and contact information
  • Written content required for the build
  • Domain access credentials for deployment
  • Timely feedback and approvals during the review process

EXFETCH is not responsible for delays, errors, or quality issues resulting from late, incomplete, or inaccurate content or data provided by the Client. The delivery timeline assumes agreed content is provided within the project schedule. Content delays may extend the delivery date.

The Client warrants that all content and materials submitted to EXFETCH are owned by or licensed to the Client and do not infringe the rights of any third party.

05
Payment Terms

Payment terms are specified in the Digital Profile Service Agreement issued to the Client. Standard terms are as follows:

Build Payment

The full build fee is payable in advance of build commencement unless otherwise stated in the Service Agreement. Work will not begin until the agreed payment is received and confirmed.

Payment Method

Payment is accepted via the method specified in the Service Agreement. EXFETCH uses a third-party payment processor. Card details are not stored by EXFETCH.

Currency

All prices are in the currency stated in the Service Agreement. The Client is responsible for any bank charges or currency conversion costs incurred.

Non-Refundable Deposit

Where an initial deposit is taken, that deposit is non-refundable following the commencement of work. If the Client cancels after work has begun, EXFETCH reserves the right to invoice for all work completed to the date of cancellation.

06
Delivery & Handoff

The estimated delivery timeline is specified in the Service Agreement. EXFETCH targets a production build delivery of approximately 14 business days from the project start date, subject to the timely provision of content and materials by the Client.

Review Process

EXFETCH will provide the Client with an opportunity to review the build before final deployment. The Client must submit all revision requests within the review window specified in the Service Agreement. Revisions requested after the review window or outside agreed scope will be quoted separately.

Handoff

Upon project completion and receipt of full payment, EXFETCH will deploy the Digital Profile to the Client's domain and deliver all source files. From the point of handoff, the Client assumes full responsibility for the site and its content. EXFETCH has no further obligation to maintain, update, or support the site unless a separate managed services arrangement is agreed.

Post-Handoff Support

A brief post-handoff support window for technical issues related to the delivered build is included as specified in the Service Agreement. Support for changes to content, new locations, or additional features following this window is available separately.

07
Intellectual Property
Client Owns (upon full payment)
  • All delivered HTML, CSS, and JavaScript source files
  • All page content and copy developed for the project
  • The brand design system created for this engagement
  • All images and media prepared by EXFETCH using Client-provided assets
  • The complete production build for deployment
EXFETCH Retains
  • Internal build frameworks, tooling, and methodologies
  • Reusable base components and systems not specific to this project
  • Pre-existing EXFETCH intellectual property used in the build process
  • The right to reference the project in EXFETCH's own portfolio with Client consent

Intellectual property ownership of delivered client assets is contingent on receipt of full payment. EXFETCH retains all rights to the delivered work until payment is received in full.

08
Scope Boundaries

The Digital Profile is a defined, fixed-scope engagement. EXFETCH is not a general-purpose web agency or retainer-based studio. The following are outside the scope of the Digital Profile unless expressly included in the signed Service Agreement:

  • Ongoing content updates, location changes, or menu revisions after handoff
  • SEO strategy, PPC management, or digital marketing services
  • Hosting management, domain administration, or DNS support beyond initial deployment
  • Custom backend development, e-commerce, or payment integration not specified in scope
  • AI ordering, AI customer support, or any AI-powered system — these are separate products available by enquiry
  • Photography, copywriting, or brand strategy

Any request that falls outside the agreed scope will be assessed separately and quoted accordingly. EXFETCH reserves the right to decline out-of-scope requests where they conflict with project timelines or available capacity.

09
Third-Party Services

The Digital Profile may incorporate third-party services — such as mapping providers, font services, or analytics tools — as part of the agreed build. These are documented in the Service Agreement and at handoff.

EXFETCH is not responsible for the availability, performance, pricing changes, or policy changes of third-party services. The Client is responsible for maintaining any third-party accounts, licences, or API arrangements required to operate services embedded in their site after handoff.

Where the Client requires integrations with delivery platforms, POS systems, or other third-party tools beyond those specified in the agreed scope, these will be scoped and quoted separately.

09b
Cookies, Analytics & Data Compliance

The EXFETCH website (exfetch.com) uses cookies for site functionality and, with your consent, analytics and live chat. A cookie consent banner is shown on first visit. Non-essential cookies — including Google Analytics 4 and Tawk.to live chat — are only activated after explicit acceptance.

Google Analytics 4

EXFETCH uses GA4 for anonymised website analytics. GA4 operates under Google Consent Mode v2, ensuring no analytics data is collected until consent is granted. Data is processed by Google LLC in accordance with their privacy policy.

Tawk.to Live Chat

EXFETCH uses Tawk.to to provide real-time website support. Tawk.to may set functional cookies when the live chat widget is loaded. Use of live chat is voluntary and does not affect access to EXFETCH services.

GDPR & UK GDPR

Where Clients or their end-users are located in the UK or EU, EXFETCH operates in compliance with UK GDPR and EU GDPR requirements. Analytics and tracking on exfetch.com are consent-gated and implemented with Google Consent Mode v2. Full details of data processing, legal bases, and your rights are set out in our Privacy Policy.

Client responsibility post-handoff

The Digital Profile delivered to Clients does not include analytics tracking or cookie consent mechanisms by default unless explicitly agreed in scope. The Client is responsible for implementing any analytics, cookie consent, or GDPR compliance measures required for their deployed site. EXFETCH can provide this as an additional scoped service on request.

10
Limitation of Liability

To the maximum extent permitted by applicable law:

  • EXFETCH is not liable for indirect, consequential, incidental, or punitive damages
  • Total liability to the Client is limited to the fees paid by the Client to EXFETCH for the specific project giving rise to the claim
  • EXFETCH does not guarantee specific business performance, search ranking, conversion, or commercial outcomes from the Digital Profile
  • EXFETCH is not liable for losses arising from third-party platform failures, Client-modified code post-handoff, or inaccurate content supplied by the Client
  • EXFETCH is not liable for downtime or issues arising from the Client's hosting environment or domain configuration after delivery
11
Confidentiality

Both parties agree to maintain the confidentiality of non-public information disclosed in connection with the Digital Profile engagement. This includes but is not limited to: business operations, brand strategy, pricing, location data, and any content provided by the Client for the build.

EXFETCH will not disclose Client materials, project details, or deliverables to third parties without Client consent, except as required by law or for the purpose of delivering the agreed service.

Confidentiality obligations survive the completion or termination of the project.

12
Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, and — where the Client is located in the United Kingdom — also the laws of England and Wales, without regard to conflict of law principles. Both parties submit to the non-exclusive jurisdiction of the courts of the Province of Ontario and, for UK-based Clients, the courts of England and Wales.

13
Dispute Resolution

In the event of any dispute arising from or relating to these Terms or any Digital Profile engagement:

  • The parties agree to first attempt resolution through good-faith negotiation, initiated by written notice to hello@exfetch.com
  • If unresolved after 30 days, the parties agree to engage in non-binding mediation before a mutually agreed mediator in Toronto, Ontario
  • If mediation fails, disputes shall be submitted to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in Toronto
  • Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief
14
Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable. All other provisions shall remain in full force and effect.

15
Amendments

EXFETCH reserves the right to amend these Terms at any time. Material changes will be communicated via email to the Client's registered address with a minimum of 30 days' notice. Continued engagement with EXFETCH services after the notice period constitutes acceptance of the updated Terms. The most current version of these Terms is always published at exfetch.com.

16
Entire Agreement

Together with the Digital Profile Service Agreement and the EXFETCH Privacy Policy, these Terms constitute the entire agreement between EXFETCH and the Client with respect to the Digital Profile service. They supersede all prior representations, understandings, or agreements, whether oral or written, relating to the subject matter herein.

17
Contact
Get in Touch
EXFETCH
Toronto · London
hello@exfetch.com
1 833 EXFETCH