Effective date: June 26, 2026 · Envosue Inc. o/a Pixel26
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Envosue Inc., a corporation incorporated under the Canada Business Corporations Act, RSC 1985, c C-44, operating under the trade name Pixel26 ("Pixel26", "we", "us", or "our"), with its principal place of business in Alberta, Canada.
Pixel26 provides professional digital services including web design and development, search engine optimisation ("SEO"), and Google Ads management (collectively, the "Services"), as described in a written proposal, statement of work, or service agreement ("Engagement Letter") executed between the parties for each engagement.
In the event of any conflict or inconsistency between these Terms and an Engagement Letter, the terms of the Engagement Letter shall prevail to the extent of the conflict.
An engagement commences on the later of: (a) execution of the applicable Engagement Letter by both parties; and (b) receipt by Pixel26 of the required deposit payment. Pixel26 will perform the Services using reasonable professional skill, care, and diligence consistent with industry standards for digital services in Canada.
Pixel26's ability to meet agreed milestones and timelines is contingent upon the Client's timely provision of content, creative materials, approvals, feedback, and access to required accounts and platforms. Delays caused by Client's failure to deliver required inputs within agreed timeframes ("Client Delays") may result in revised timelines and may attract additional fees as set out in the Engagement Letter.
The Client shall:
Fees for each engagement are set out in the applicable Engagement Letter. Unless the Engagement Letter specifies otherwise:
Invoices are payable within 15 days of the invoice date. Overdue amounts accrue interest at the rate of 2% per month (24% per annum), compounded monthly, from the due date until the date of full payment. Pixel26 reserves the right to suspend the Services if any invoice remains unpaid for more than 15 days following the due date, without limiting any other remedy available.
All fees are exclusive of applicable taxes. Pixel26 will add Goods and Services Tax ("GST") or Harmonized Sales Tax ("HST"), as applicable under the Excise Tax Act (Canada), to invoices where required by law. The Client is responsible for all taxes, duties, and levies applicable to its receipt of the Services, other than taxes on Pixel26's net income.
If the Client disputes any portion of an invoice in good faith, the Client must notify Pixel26 in writing within 5 business days of the invoice date, specifying the disputed amount and the reasons for the dispute. Undisputed amounts remain payable by the due date.
Upon receipt of full payment of all fees owing under the applicable Engagement Letter, Pixel26 assigns to the Client all intellectual property rights in the final deliverables specifically created for the Client under that engagement, including custom website code, design files, and written content (the "Work Product").
Pixel26 retains all intellectual property rights in its pre-existing tools, frameworks, methodologies, processes, know-how, and third-party licensed components ("Background IP"), including any such components incorporated into the Work Product. The Client receives a perpetual, non-exclusive, non-transferable, royalty-free licence to use the Background IP solely as incorporated in the Work Product for its internal business purposes.
The Client grants Pixel26 a non-exclusive, royalty-free licence to display the Work Product and the Client's trade name and logo in Pixel26's portfolio, case studies, website, and marketing materials for the purpose of promoting Pixel26's services. The Client may revoke this licence by written notice before the commencement of the engagement.
The Client retains all intellectual property rights in content, data, trademarks, and materials it provides to Pixel26 ("Client Materials"). The Client grants Pixel26 a limited, non-exclusive licence to use Client Materials solely to perform the Services during the term of the engagement.
Where the Work Product incorporates third-party fonts, images, plugins, software libraries, or stock media, such components are subject to their respective third-party licences. The Client is responsible for maintaining any required ongoing licences for such third-party components after delivery of the Work Product.
Each party ("Receiving Party") agrees to hold in strict confidence all confidential information of the other party ("Disclosing Party") disclosed in connection with the Services ("Confidential Information"), and not to use or disclose it to any third party without the Disclosing Party's prior written consent, except: (a) as necessary to perform the Services; (b) to the Receiving Party's employees, contractors, or professional advisors who have a need to know and are bound by equivalent confidentiality obligations; or (c) as required by applicable law or court order, provided the Receiving Party gives the Disclosing Party reasonable prior written notice.
"Confidential Information" does not include information that: (i) is or becomes publicly available through no breach of this clause; (ii) was known to the Receiving Party before disclosure without restriction; (iii) is independently developed by the Receiving Party without use of or reference to the Confidential Information; or (iv) is disclosed to the Receiving Party by a third party without restriction.
This obligation of confidentiality survives the termination or expiry of the engagement for a period of three (3) years.
Each party represents and warrants that:
The Client additionally represents and warrants that:
EXCEPT AS EXPRESSLY SET OUT IN AN ENGAGEMENT LETTER, PIXEL26 PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW, PIXEL26 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Where Pixel26 offers specific performance guarantees in an Engagement Letter (for example, a website delivery timeline guarantee or a commitment to measurable ranking improvements within a specified period), such guarantees are conditional on:
Guarantees are void in respect of any period during which the Client is in material breach of these Terms or there is an active Client Delay.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE CANADIAN LAW:
(A) PIXEL26'S TOTAL AGGREGATE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CLIENT TO PIXEL26 IN THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
(B) IN NO EVENT SHALL PIXEL26 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF PIXEL26 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms limits or excludes Pixel26's liability for: (i) fraud or fraudulent misrepresentation; (ii) wilful misconduct or gross negligence; or (iii) any liability that cannot be excluded or limited under applicable Canadian law.
The Client shall indemnify, defend, and hold harmless Pixel26 and its officers, directors, employees, contractors, and agents (collectively, "Pixel26 Parties") from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees on a solicitor-and-own-client basis) arising out of or relating to:
These Terms remain in effect for the duration of any active engagement and continue to apply to any ongoing obligations arising from a completed engagement. Minimum retainer terms (if any) are set out in the Engagement Letter.
Either party may terminate an engagement by providing 30 days' written notice to the other party. Pixel26 will complete and deliver all work in progress up to the effective date of termination, and the Client shall pay all fees for Services performed through that date.
Pixel26 may terminate an engagement immediately upon written notice if:
Upon termination for any reason: (a) the Client shall pay all fees accrued for Services performed to the date of termination; (b) each party shall promptly return or certifiably destroy the other party's Confidential Information; and (c) intellectual property rights in Work Product vest in the Client only upon receipt by Pixel26 of full payment of all outstanding fees. Sections 5, 6, 7 (Representations only), 9, 10, 13, and 14 survive termination.
Neither party is liable for any delay or failure in performance (other than a payment obligation) resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemic or pandemic, governmental or regulatory actions, internet or telecommunications disruptions, or other force majeure events (each, a "Force Majeure Event"). The affected party shall: (a) promptly notify the other party in writing upon becoming aware of a Force Majeure Event; (b) use reasonable efforts to mitigate the impact; and (c) resume performance as soon as reasonably practicable after the Force Majeure Event ends.
These Terms and any dispute arising out of or related to them or the Services are governed exclusively by the laws of the Province of Alberta and the applicable federal laws of Canada, without regard to conflict of laws principles.
Before commencing any formal proceeding, the parties shall attempt in good faith to resolve any dispute through direct negotiation between senior representatives for a period of at least 30 calendar days following written notice of the dispute.
If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation in Calgary, Alberta, administered by a mutually agreed mediator. If mediation does not resolve the dispute within 45 days of the mediator's appointment, the dispute shall be resolved by binding arbitration under the Arbitration Act, RSA 2000, c A-43, with the seat of arbitration in Calgary, Alberta, conducted in English before a single arbitrator. The arbitrator's award shall be final and binding and may be enforced in any court of competent jurisdiction.
Nothing in this Section prevents either party from seeking emergency injunctive or other equitable relief from the Court of King's Bench of Alberta to prevent irreparable harm pending resolution of a dispute.
The Pixel26 website uses Calendly, a scheduling service operated by Calendly LLC, to enable visitors to book free strategy calls. The Calendly inline booking widget is embedded on our Contact page and is provided by a third party.
When you interact with the Calendly widget or book a meeting, Calendly may collect and process personal information including your name, email address, time zone, and calendar availability. Calendly may also set cookies or similar tracking technologies on your device to enable its functionality. Pixel26 does not control how Calendly collects or processes your personal information. Your use of the Calendly booking widget is subject to Calendly's Privacy Policy and Terms of Service.
Meeting information collected through Calendly (name, email, selected time) is accessible to Pixel26 for the sole purpose of conducting the booked consultation. Pixel26 does not sell or share this information with unaffiliated third parties except as required to deliver the consultation (e.g., video conferencing tools).
This website uses the following categories of cookies:
gclid and UTM parameters stored in sessionStorage).When you visit this website for the first time, a cookie consent banner will appear. By clicking "Accept all", you consent to the use of all cookie categories described above. By clicking "Decline", only strictly necessary cookies will be used. You may change your preference at any time by clearing your browser's local storage for this site and reloading the page.
For full details on how Pixel26 handles personal information, including information collected through cookies and the Calendly widget, please see our Privacy Policy.
For questions or concerns about these Terms, please contact: