These are the terms every FNDRY39 quote is accepted under. FNDRY39 is Ryan Murrell, a sole proprietor carrying on business in Alberta under the registered trade name FNDRY39 WEB DESIGN (Alberta trade name registration TN27072784; GST/HST registration 76490 2169 RT0001, account name FNDRY39), mailing address PO Box 117, Sunnybrook, AB T0C 2M0 (“FNDRY39”, “we”, “us”). “You” means the person or business named on the quote.
Version 2026.1, effective August 30, 2026. This version replaces every earlier FNDRY39 client agreement and terms of service, including the documents dated May 2025. Earlier versions are kept on file and available on request.
The short version
This is not the legal part — it is what the legal part says.
- Your quote is the contract. When you type your name and accept a quote on your private link, you agree to the scope and schedule on that page, under these terms. Nothing is owed until you do.
- The price is fixed and in Canadian dollars. GST/HST is added at your province’s rate and shown as its own line. If we misjudged the work, that is our cost, not a change order.
- Each payment comes before the work it pays for. That is what lets us promise we will never take your site down or hold your domain to get paid — and why we don’t hand over work that hasn’t been paid for.
- Everything is in your name from day one — domain, DNS, analytics, every third-party account. Hosting too, when you host it yourself; on one of our plans the site runs on our infrastructure and a complete copy is yours at any time. The custom design and code become yours when the final payment clears.
- Changes have a process. A round of changes is defined in your quote; anything outside the scope is agreed in writing, with a price and a date, before we do it.
- You can stop at any time. We total up what has been done, show you the working, and settle the difference either way. Finished work is handed over once it is paid for.
- We fix our own mistakes for 30 days after handover, free.
- We reply within one working day, Monday to Friday. Care Plus clients go to the front of the queue.
- Hosting and care plans are month to month. No minimum term, no exit fee, cancel by email.
1. Who these terms are between, and what the words mean
If you accept a quote on behalf of a business, you are confirming you are allowed to. Some words have a fixed meaning in these terms:
- Quote — the document on your private fndry39.com link setting out the scope, price, and payment schedule for a piece of work. Once accepted, it is your contract with us, together with these terms.
- Scope — what the quote says we will build or do, including any Statement of Work attached to it. If it isn’t in the scope, it isn’t in the price.
- Round of changes — one consolidated list of changes from you, sent together, on a delivered stage of the work. Five emails over a week are one round if they arrive before we start on them; a new list after we’ve finished the first is a second round.
- Working day — Monday to Friday, 9 am to 5 pm Mountain Time, excluding Alberta statutory holidays.
- Handover — the point at which the finished work is deployed to production and the accounts, code, and documentation described in section 8 are in your hands.
- Plan — a rolling monthly Hosting, Care, or Care Plus subscription as described at /pricing.
2. How an engagement starts
2.1 We send you a private link to your quote. It sets out the scope, every line item, and the whole payment schedule. While it is a quote, nothing can be charged and nothing is owed.
2.2 You accept by typing your name and pressing “Accept this quote” on that page. We record the name and the date, email you a copy, and that is the agreement. Accepting the quote means you agree to these Terms of Engagement at the version linked on the quote page. That typed acceptance is an electronic signature and is binding, as the Electronic Transactions Act (Alberta) allows.
2.3 If you agree by phone or email instead and we record the acceptance for you, your quote page says so, and you can tell us within 5 working days if that record is wrong.
2.4 Accepting opens the first payment and nothing else. Work starts when the first payment clears — and, where the quote asks you for content or access up front, when we have received it.
2.5 A quote is open for 30 days. After that we may re-quote, though we usually just honour it if nothing has changed.
2.6 Anything on fndry39.com — the pricing page, the portfolio, an email from us — is an indication of cost, not an offer. The binding price for any piece of work is the one on the quote you accepted.
3. Price, tax, and paying
3.1 Fixed price. The price on your quote is fixed for the scope on your quote. If we underestimated the work, we absorb the difference. The only things that change the price are a change to the scope that we agree in writing (section 6), or third-party costs the quote says are yours (section 10).
3.2 Currency and tax. All prices in CAD, before GST/HST. Fixed prices are held for 30 days from quote. GST or HST is added on top, at the rate that applies to your province, and shown as its own line on every invoice — 5% GST in Alberta; HST at the provincial rate in HST provinces; GST plus any provincial sales tax we are required to collect elsewhere. Our GST/HST registration number appears on every invoice.
3.3 If you are outside Canada. Services supplied to a client who is not resident in Canada and not registered for GST/HST are generally zero-rated (charged at 0%). The Canada Revenue Agency puts the burden of proving that on us, so before we apply 0% we ask you to sign a short non-residence declaration on your quote page. Until it is signed, tax is charged at the Canadian rate; once it is signed, invoices from that point show 0% and say why. If the declaration turns out to be untrue, any tax we are assessed as a result is payable by you.
3.4 Three ways to pay, one total. Pay in full before we start; split in three (a third when you sign off the scope by accepting the quote, a third when you approve the design, a third before handover); or six monthly payments with the build running alongside them and going live on the final one. The total is the same whichever you choose. There is no interest, no fee, no credit check, and nothing is reported to any credit bureau. Your full schedule — every amount and what triggers it — is on your quote before you accept it.
3.5 Scheduled payments. If you choose a plan and save a card or bank account with our payment processor, you authorise us to charge that method for the payments on your schedule. Each amount is fixed in advance on your accepted quote; we never calculate it later and never vary it without asking you first. You get a receipt every time, and you can change the payment method, ask us to move a date, or cancel remaining payments by emailing us.
3.6 Paying early. You can pay ahead of schedule, or clear the balance, at any time at no extra cost.
3.7 If a payment doesn’t go through. Cards expire and banks decline things. The payment is retried automatically. On day 3 we email you personally. On day 7, if it is still unpaid, we pause work and tell you we have — anything already live stays live. On day 30, if we have not heard from you at all, we stop the project, invoice for the work completed under section 11, and hand over what has been finished once that invoice is paid. We do not charge late fees or interest, ever. If money is tight, email us before day 7 and we will move the schedule.
3.8 What we will never do — and what we hold until it is paid for. We will not take your site down, lock you out of anything, or hold your domain to get paid. Your domain, your accounts, and your content are yours from the day they are set up, and that does not change if you fall behind. What we hold is our work: nothing we build is deployed to your domain, and no design files or code are handed over, until the payment that covers them has cleared. Each payment comes before the stretch of work it pays for, so at any moment you have paid for what you are about to get, not for what you already have — and if you stop paying, what you have already received is already paid for. Previews and staging links are for review and approval only (section 9.2). The final handover — production deployment, and ownership of the custom design and code — happens once the final payment clears.
3.9 Invoices. Every invoice is issued through our payment processor, shows the tax treatment, and is available from your private link. If we correct an invoice by agreement with you, you get the current version by email straight away; payments already made are never re-charged.
4. Scope — what is and isn’t included
4.1 The scope is what your quote says, read with the package description on /pricing at the date you accepted. Each package states how many pages, who supplies the words and photos, and how many rounds of changes are included.
4.2 Unless your quote says otherwise, the price does not include: writing your copy; sourcing or editing photography; designing a logo or brand identity from nothing; more integrations than the package lists; ongoing content updates after handover; and any third-party subscription or fee (section 10). If you want any of these, we quote them as their own line.
4.3 Where we say “up to” a number of pages, you can use fewer. Unused pages are not credited — the price buys the package, not the page count.
4.4 If you ask for something and we are not sure whether it is in scope, we will say so before doing it rather than after.
5. What we need from you
5.1 Content and access. Words, photos, logos, brand files, and any logins or access we need (domain registrar, existing hosting, Google Business, booking system, and so on) by the dates on your quote. If you have no domain or accounts yet, we set them up in your name (section 9).
5.2 A decision-maker. One person who can approve things. If several people need to agree, that is fine — but one of them sends us the consolidated answer.
5.3 Feedback within 5 working days of us asking. If we ask twice and hear nothing for 10 working days, we treat the stage as approved so the schedule can move; you can still request changes, but they may count as a round.
5.4 Rights to what you give us. You confirm you own, or have permission to use, everything you supply — text, images, fonts, video, data, brand marks — and that none of it infringes anyone else’s rights or breaks any law. If someone makes a claim against us because of content you supplied, you cover our reasonable costs of dealing with it.
5.5 Your legal obligations stay yours. We build to good practice on accessibility, privacy, and consent — it is in every package — but we are not lawyers. What your site says, what you collect, how you email people (Canada’s anti-spam law), what you promise customers, and whether your privacy policy is right for your business are your responsibility. Where we draft a policy for you, it is a starting point for you to check, not legal advice.
5.6 If the project stalls. If we have had nothing we need from you for 30 days, we pause the project and tell you; your slot may be given to someone else and the timeline restarts when you are back. After 90 days without a reply we treat the project as cancelled by you, and section 11 applies.
6. Timeline, changes, and rounds
6.1 The timeline on your quote is counted from the later of: the first payment clearing, and our receiving the content and access the quote asks for. Dates move day-for-day with any delay on your side. If we cause a delay, we say so and give you a new date.
6.2 Rounds of changes are defined in section 1 and counted in your quote. Changes within a round are things that adjust what we built — wording, images, layout tweaks, colour, order. Adding a page, a feature, an integration, or a redesign of an approved stage is not a change; it is a change of scope.
6.3 A change of scope is agreed in writing before we do it — usually a revised quote or a short change note stating what is added, what it costs, and what it does to the date. Nothing outside the scope is billed without that agreement. Additional work is priced at our published day rate ($450 per day, half-day minimum) unless we quote it as a fixed price.
6.4 Rush. If you need the timeline compressed, ask. Sometimes it is possible; if it means reordering other work, we will quote it rather than quietly miss a date.
7. Approval and sign-off
7.1 Larger builds pass through stages — scope sign-off, design approval, and handover — and on the split-in-three plan each stage is also a payment gate. Approval of a stage is your email, or your acceptance of the stage on your private link, saying it is approved.
7.2 Once a stage is approved, reopening it is a change of scope. That is not us being rigid; it is what lets us keep the price fixed.
7.3 Deemed approval works as in 5.3.
8. Handover — what you receive
8.1 On the final payment clearing we deliver: the production deployment — on your own hosting account if you host it yourself, or on our hosting plan (free for the first three months) if you would rather we did; the source code repository, transferred to an account you control; documentation of how the site is built and how to run it; credentials or ownership of every account we set up, transferred or confirmed in your name; a map of your domain’s DNS records; and a walkthrough session (recorded, so you can re-watch it) for packages that include one.
8.2 Hosting with us is free for the first three months after launch of any build. You choose whether to continue on a plan; nothing continues automatically without you choosing it.
8.3 After handover we remove our own access to your accounts unless you are on a plan that needs it, in which case we keep the minimum access the plan requires and tell you what it is.
9. Ownership
9.1 Your content is yours, always. The words, images, logo, data, and anything else you give us or that is created about your business stay yours throughout. It was never ours.
9.2 Your custom design and code become yours when the final payment for the quote clears. Until then, what we show you — previews, staging links, design files — is for review and approval only: you may not deploy it, copy it, or have someone else build from it, and we may take a preview down if the project stops. Ownership, and the right to use the work, come with the final payment or with the settlement in section 11.
9.3 Our tools stay ours. Components, utilities, templates, and techniques we reuse across projects remain ours, and you receive a permanent, royalty-free licence to keep using them within your project. You never pay us again for that, and we never ask for them back.
9.4 Open-source and third-party software in your project stays under its own licence. We only use licences that allow commercial use, and we tell you if anything requires attribution.
9.5 Domain, DNS, analytics, and accounts are registered in your name — your email address, your payment method where one is required — from the day we set them up. Where you already have them, they stay yours and we work inside access you grant us. We never register your domain in our name. Hosting is in your name when you host it yourself; on one of our plans the site runs on our infrastructure, your domain points to it, and a complete copy of the site is yours at any time (section 13.7).
9.6 Portfolio. We may show the finished, public work — screenshots, a link, a sentence about what it does — in our portfolio and case studies. We never show anything non-public, any of your customer data, or any figures about your business without your written agreement. Email us at any time and we will remove it. If you would rather we never show it, say so on the quote and we won’t.
10. Third-party services and costs
10.1 Domain registration, hosting bought in your name, stock images, paid plugins, transactional email, payment processing, booking systems, and similar are third-party services. Where the quote includes a cost for one, we buy it in your name; where it doesn’t, the cost is yours and we tell you before spending anything.
10.2 Their fees after launch — renewals, subscriptions, usage — are between you and them, and are yours to pay unless a plan with us includes them.
10.3 We choose providers carefully and set them up properly, but we don’t control them. We are not responsible for their outages, price changes, policy changes, or for a service they discontinue. If one breaks something we built, fixing it is covered by your plan if you have one, and by the day rate if you don’t — except during the warranty period (section 12).
11. Cancelling and refunds
11.1 Before we start. Email us. We cancel every remaining payment and refund what you have paid, less any time already spent on scoping. If we hadn’t started, that is a full refund.
11.2 Partway through. You can stop a project at any time by email. We stop work, total up what has been done as a share of the whole, and show you the working: what was delivered, what wasn’t, hours logged. If you have paid more than that share, we refund the difference within 10 business days. If you have paid less, the difference is due within 14 days. Every remaining scheduled payment is cancelled. Once the settlement is paid, we hand over everything finished to that point; until it is, the work stays with us and nothing is deployed to your domain. If we can’t agree where the line falls, we take the midpoint rather than argue.
11.3 If we cancel. We would only do that if we can’t get what we need from you to finish (section 5.6), or the working relationship has genuinely broken down. The same maths applies, and if we hadn’t started, we refund the deposit too.
11.4 If we don’t deliver. If we miss the agreed date by more than 30 days for reasons that are ours, or we become unable to do the work at all, you can cancel and we refund everything you paid for the part we didn’t deliver. That is ours to absorb, not yours.
11.5 What can’t be refunded. Money already spent on your behalf with someone else (section 10) — we always tell you before spending it. Work you have signed off and we have delivered. Plan months already used.
11.6 Please come to us before your bank. A chargeback is the slowest way to fix anything and it costs us a fee whether we are right or wrong. Email first — if we owe you money, we would rather pay it than fight about it. This doesn’t limit your right to go to your bank; it asks you to try us first.
12. Warranty and support after handover
12.1 30 days, free. For 30 days after handover we fix, at no charge, anything in the work we delivered that does not do what the scope says it should. Tell us and we will fix it within a reasonable time, normally within 5 working days.
12.2 What the warranty doesn’t cover: changes you or a third party make to the code or content; a third-party service changing or failing (section 10); browsers or devices released after handover; content you supplied; and anything outside the scope. Those are covered by a plan if you have one, or by the day rate.
12.3 Response times. We reply to every message within one working day. Clients on Care Plus are answered ahead of everyone else. If a site we host is down or compromised we treat it as urgent whenever we see it, weekends included — but one working day is the only response time we promise. We run a small studio alongside other commitments, and we would rather promise what we can keep than “24/7”.
12.4 Nothing in this section limits what the law already gives you.
13. Hosting, Care, and Care Plus
13.1 Month to month. Plans are billed monthly on the same date, roll until you cancel, and have no minimum term, no notice period, and no exit fee. Cancel by email and it stops at the end of the month you have paid for. Nothing signs you up for a year.
13.2 Annual prepay. If you prepay a year you get two months free. If you leave part-way, we refund the whole months you haven’t used. We don’t refund part-months on any plan.
13.3 Price changes. We give 30 days’ notice by email before any price change, and you can cancel instead of accepting it. Existing plan clients keep their rate for at least 12 months from when they joined.
13.4 What each plan includes is set out at /pricing on the date you join, and each plan includes everything in the one below it. The Care Plus hour of changes is for changes, not new features; it is used in the month it is given and doesn’t roll over. Work beyond it is billed at $65 an hour.
13.5 Backups. Every plan includes daily backups kept for 30 days. Restoring from one is included. Backups are of the site as we host it — not of third-party services or of content kept elsewhere.
13.6 Sites we didn’t build. We check the site first and tell you honestly whether it can be moved and supported. If it can’t be moved cleanly, the health check costs you nothing. Supporting a build we didn’t write is covered as far as keeping it online and patched; fixing what the previous developer did is quoted.
13.7 When hosting ends — you cancel, we cancel, or a payment goes unpaid for 30 days — we send you a complete copy of your site and keep it live for 30 days so you can point your domain elsewhere. After that it comes off our servers. That is the service stopping, not leverage: your domain, content, and accounts were in your name throughout and keep working wherever you take them. We never take a site offline to collect money owed on anything else.
13.8 If a plan payment fails, the same ladder as 3.7 applies: it retries, we email, we talk to you before anything changes. If it is still unpaid 30 days later we stop the plan and hand over the export. No late fees, and no reconnection charge if you come back.
14. Confidentiality and personal information
14.1 Anything either of us learns about the other’s business through the work that isn’t public stays confidential, during the project and after, except where the law requires disclosure or the information becomes public through no fault of the receiving party.
14.2 We handle personal information you give us — yours, your staff’s, your customers’ — only as needed to do the work, and under Alberta’s Personal Information Protection Act. We don’t sell it, share it beyond the providers needed to build and host your site, or keep it longer than needed. Our own privacy practices are at /privacy.
14.3 For your site’s visitors, you are the organisation responsible for their personal information; we act on your instructions. The privacy policy on your site is yours to keep accurate (section 5.5).
14.4 We keep records of quotes, invoices, and acceptance for as long as Canadian tax law requires (currently six years from the end of the tax year).
15. What we are responsible for, and what we aren’t
15.1 We do the work with reasonable skill and care, to the scope, and we fix our mistakes as section 12 says.
15.2 We are not responsible for losses that don’t flow directly from something we did wrong — lost profit, lost sales, lost data you didn’t back up, loss of goodwill, or any indirect or consequential loss — however they arise.
15.3 Our total liability to you for anything arising out of a quote is limited to the amount you paid us under that quote. For a plan, it is limited to the amount you paid us for that plan in the 12 months before the claim.
15.4 Nothing in these terms excludes or limits liability that the law doesn’t let us exclude — including for fraud, or for death or personal injury caused by negligence — and nothing takes away rights you have under consumer protection law that can’t be excluded by agreement. If you are buying as an individual rather than for a business, the Consumer Protection Act (Alberta), or your own province’s equivalent, applies alongside these terms.
15.5 Events outside anyone’s control. Neither of us is responsible for delay or failure caused by something beyond reasonable control — a provider outage, a natural event, an illness, a change in law. Whichever of us is affected tells the other promptly, and dates move accordingly.
16. Working together
16.1 We are an independent contractor, not your employee, partner, or agent, and nothing here creates exclusivity either way. We may use trusted subcontractors for parts of the work; we stay responsible to you for it.
16.2 We may mention that you are a client. We don’t speak for you or use your name to endorse anything without asking.
17. If something goes wrong between us
17.1 Email first. Most problems are a misunderstanding, and we would rather fix it than be right.
17.2 If that doesn’t resolve it within 30 days, either of us may bring a claim. These terms are governed by the laws of Alberta and the federal laws of Canada that apply there, and the courts of Alberta have jurisdiction — except that, if you are an individual buying for personal use, you may bring a claim where you live.
17.3 Small claims exist for a reason. A claim under the Alberta Court of Justice limit belongs there, and we will treat it that way.
18. General
18.1 The whole agreement between us for a piece of work is: the accepted quote (including any Statement of Work attached to it), the pricing-page description of the package on the date you accepted, and these terms at the version linked on the quote. If they conflict, the quote wins over the pricing page, and both win over these terms.
18.2 Versions. These terms are dated and versioned at the top. The version that applies to you is the one linked on the quote you accepted; later versions apply to later quotes. A plan is governed by the version current when you joined, until we give 30 days’ notice of a new version, after which you can cancel instead of accepting it.
18.3 Changes to an engagement are made by a revised quote or a written change note we both agree to. Nothing else changes the deal.
18.4 Notices are by email — to the address on your quote, and to hello@fndry39.com for us. An email is received on the working day it is sent, or the next one if sent outside working hours.
18.5 Assignment. You may transfer your rights under a completed engagement (for example, if you sell the business) — just tell us. We may not transfer our obligations to someone else without your agreement, other than to a company we form to carry on the same business.
18.6 If any part of these terms is unenforceable, the rest still applies. Not enforcing a term today doesn’t mean we can’t enforce it tomorrow.
19. Contact
Questions about these terms, or about anything in a quote: hello@fndry39.com. A reply lands with a human within one working day.
Using the website itself is covered separately by our Terms of Service; how we handle personal information is in the Privacy Policy.