Back

Effective Date: January 1, 2025

Terms of Service

These Terms of Service (“Agreement”) govern the use of digital services provided by JohnsonDigital.Design (“Company”, “we”, “us”, or “our”) to clients (“Client”, “you”, or “your”) across Canada, the United States, the European Union, and Australia. By engaging our services, you agree to be bound by these terms. If you do not agree, you must not use our services.

1. Services Provided

JohnsonDigital.Design provides a suite of professional digital services on a business-to-business (B2B) basis, including but not limited to:

These services are tailored for podiatry clinics and related healthcare providers. JohnsonDigital.Design acts solely as a service and software vendor, not a data controller, healthcare provider, or regulated entity under any health-specific legislation. All deliverables are governed by these Terms and any applicable service-level agreements (SLAs) or statements of work (SOWs) agreed to in writing between parties.

2. Data Handling & Privacy

We do not collect, store, or retain any personal data submitted through contact forms implemented on client websites. Such data—including names, email addresses, phone numbers, and appointment messages—is transmitted securely using third-party form handlers (e.g., Formspree) and delivered directly to the Client’s designated inbox.

Clients are solely responsible for managing, storing, securing, and deleting any personal information received through their websites, including compliance with:

3. No HIPAA Relationship

JohnsonDigital.Design is not a “Covered Entity” or “Business Associate” as defined under HIPAA. We do not process, access, or store Protected Health Information (PHI) and do not sign Business Associate Agreements (BAAs). You agree not to transmit PHI through our services unless you have implemented appropriate safeguards and understand your compliance obligations independently.

4. Intellectual Property

Unless otherwise agreed in writing, all code, design elements, and materials created by JohnsonDigital.Design remain our intellectual property until full payment is received. Upon payment, Clients are granted a non-exclusive, royalty-free, and perpetual license to use deliverables for their business purposes only. We retain the right to display completed work in our portfolio unless you explicitly opt out in writing.

5. Payment & Fees

All fees, including setup costs and ongoing monthly charges, are detailed in your individual service agreement. Payments are due according to the terms defined therein. Failure to remit payment in a timely manner may result in the suspension or permanent termination of services without further notice.

6. Termination & Refunds

We reserve the right to terminate services at any time, with or without notice, at our sole discretion. No refunds will be issued upon termination. While termination is rare, it may occur following non-payment, abuse, or other contract violations, and typically only after attempts to resolve such issues have failed.

7. Domain & Data Release Fee

If you elect to terminate services and request a transfer of your domain name or website to another provider, a non-refundable administrative release fee of $500 USD applies. Upon termination or continued non-payment, any data or content stored on our servers—excluding raw website code or files explicitly provided to you—will be permanently deleted without further notice.

8. Client Responsibilities

You agree to:

9. Limitation of Liability

To the maximum extent permitted by law, JohnsonDigital.Design shall not be liable for any direct, indirect, incidental, consequential, or special damages (including loss of profits, business interruption, or data loss) arising from or related to your use of our services. Our total liability under any agreement shall not exceed the fees paid by the Client for the specific services giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless JohnsonDigital.Design from and against any claims, damages, liabilities, costs, or expenses (including legal fees) arising out of your breach of this Agreement, violation of applicable laws, or misuse of the services.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Prince Edward Island, Canada. For international clients, this Agreement shall be interpreted in accordance with applicable local laws to the extent necessary, without affecting the enforceability of Canadian jurisdiction.

12. Dispute Resolution

Any dispute arising from this Agreement shall be submitted to binding arbitration in Charlottetown, PEI, Canada, under the rules of the ADR Institute of Canada. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

13. Modifications

We may update these Terms from time to time. Material changes will be communicated by email or on our website. Continued use of our services after such updates constitutes your acceptance of the revised Terms.

14. Contact

For questions about these Terms, please contact:
JohnsonDigital.Design
Email: Support@JohnsonDigital.Design