SPRING 2026 PROMOTION - 15% OFF WEBSITE REDESIGN
SPRING 2026 PROMOTION - 15% OFF WEBSITE REDESIGN
SPRING 2026 PROMOTION - 15% OFF WEBSITE REDESIGN
SPRING 2026 PROMOTION - 15% OFF WEBSITE REDESIGN
Up To Code
Up To Code
Terms of Service – hero

Terms of Service

Last updated: January 24, 2026

Thank you for choosing Up To Code. By engaging our services, paying an invoice, signing a proposal, or continuing work with us, you (“Client”) agree to the following Terms of Service.

Our goal is to ensure a professional, transparent, and secure partnership for both parties.

1. Services & Scope

  • 1.1. Scope of Work

    We provide software engineering, design, and digital strategy services as outlined in your Statement of Work (SOW) or Invoice.

  • 1.2. Timelines

    We use modern agile methodologies. While we aim for every milestone date, timelines are estimates. Delays in Client feedback or changes in technical requirements will impact delivery dates.

  • 1.3. Scope Creep

    Requests outside the original SOW will be evaluated and billed at our current hourly technical rate or as a separate project phase.

2. Payment & Financial Terms

  • 2.1. Invoicing

    Client agrees to the payment schedule defined in the SOW or Invoice.

  • 2.2. Overdue Accounts

    Payments not received by the due date bear interest at 1.5% per month (19.56% annually) or the maximum allowed by law.

  • 2.3. Service Suspension

    We reserve the right to pause services, take custom apps offline, and withhold deployments if any invoice remains unpaid.

3. Collections & Chargebacks

  • 3.1. Collection Costs

    Clients are responsible for all third-party collection costs, including agency commissions, legal fees, and administrative expenses.

  • 3.2. Chargeback Policy

    Disputing a payment for services rendered is a breach of contract. We will provide full technical logs and communication history to contest any chargeback.

4. Intellectual Property

  • 4.1. Client Ownership

    Upon full and final payment, we grant the Client a non-exclusive, perpetual license to use the deliverables for their intended business purpose.

  • 4.2. Background IP

    We retain ownership of all pre-existing code libraries, frameworks, and internal tools used to build your project.

  • 4.3. License Restrictions

    Background IP is licensed for use within the project but cannot be resold, redistributed, or used to build competing products.

5. Hosting & Maintenance

  • 5.1. Managed Hosting

    Hosting is provided as-is with 99.9% uptime targets. We are not liable for outages caused by upstream providers like AWS, Google Cloud, or Shopify.

  • 5.2. Post-Launch Support

    Unless a retainer is in place, any work required due to third-party API updates (Shopify, Google, etc.) after 30 days post-launch is billable.

  • 5.3. Security

    We follow industry standards, but are not liable for breaches resulting from third-party vulnerabilities or Client-managed credentials.

6. Acceptance & Liability

  • 6.1. UAT Period

    The Client has 5 business days to test and provide feedback on milestones. If no feedback is received, the work is deemed accepted.

  • 6.2. Liability Cap

    Our total liability is strictly limited to the amount paid by the Client for the specific phase of work in question.

  • 6.3. Governing Law

    These Terms are governed by the laws of Manitoba, Canada. Any disputes shall be settled in the courts of Winnipeg.

Privacy Policy

1. Data Collection & Usage

  • 1.1. Information We Collect

    We collect information necessary to provide our services, including contact details, project requirements, technical specifications, and billing information provided during the intake process.

  • 1.2. Technical Data

    When accessing our managed hosting or custom applications, we may log IP addresses, browser types, and usage patterns to ensure system security and optimize performance.

  • 1.3. Purpose of Processing

    Data is used strictly for project delivery, communication, invoicing, and technical support. We do not sell your data to third parties.

2. Third-Party Services

  • 2.1. Service Providers

    We utilize industry-leading sub-processors (such as AWS, Google Cloud, and Shopify) to host applications and manage data. These providers adhere to strict security and privacy standards.

  • 2.2. API Integrations

    When building custom integrations, we may process data from third-party APIs (CRM, ERP, etc.) strictly as required by your business logic and outlined in your project scope.

3. Security & Retention

  • 3.1. Security Measures

    We implement technical and organizational measures to protect your data, including encryption at rest and in transit, and secure credential management for all project environments.

  • 3.2. Data Retention

    We retain project-related data for as long as necessary to fulfill the purposes outlined in our agreement or to comply with legal, tax, and reporting requirements.

4. Your Rights & Compliance

  • 4.1. Access and Control

    You have the right to request access to, correction of, or deletion of your personal data held within our internal systems.

  • 4.2. Governing Standards

    Our privacy practices are designed to align with the Personal Information Protection and Electronic Documents Act (PIPEDA) and other applicable regional data protection laws.

  • 4.3. Updates to Policy

    We may update this policy periodically to reflect changes in our technical processes or legal obligations. Continued engagement after updates constitutes acceptance.