Terms of Use – Erik Gray Consultancy
Effective Date: September 9, 2025
Website: https://erik-gray.com
1. Acceptance of Terms
By accessing or using this website, you agree to comply with these Terms of Use. If you do not agree, do not use this website.
2. Intellectual Property
All content on this website, including text, graphics, logos, images, videos, and creative works (including HMM, Hypnotic Media Marketing) is the intellectual property of Erik Gray. Unauthorized use, reproduction, distribution, or modification of this content is strictly prohibited.
3. User Conduct
Visitors and users agree to:
- Use the website lawfully and ethically
- Avoid uploading or sharing content that violates any laws, regulations, or third-party rights
- Not interfere with website operation, security, or other users’ access
4. Third-Party Content
The website may include links to, or embedded content from, third-party websites. Erik Gray is not responsible for the content, privacy practices, or security of these third-party sites. Interaction with third-party services is at your own risk.
5. Disclaimer of Warranties
All content, services, and functionality of this website are provided “as-is” and without warranties of any kind, whether express, implied, statutory, or otherwise. Erik Gray explicitly disclaims all warranties, including but not limited to:
- Accuracy, reliability, or completeness of content
- Fitness for any particular purpose
- Non-infringement of third-party rights
6. Limitation of Liability
To the fullest extent permitted by law, Erik Gray, as sole proprietor, shall not be liable for any:
- Direct, indirect, incidental, consequential, or punitive damages
- Loss of data, profits, or business opportunities
- Harm arising from the use of this website or reliance on its content
This limitation applies even if Erik Gray has been advised of the possibility of such damages.
7. Indemnification
You agree to indemnify, defend, and hold harmless Erik Gray, his affiliates, agents, and representatives from and against any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:
- Your use of the website
- Violation of these Terms of Use
- Violation of any law or third-party rights
8. Data and Privacy
Your use of the website is also governed by the Privacy Policy, which details data collection, storage, and your rights.
9. Modifications
Erik Gray reserves the right to modify these Terms of Use at any time without prior notice. Continued use of the website after changes constitutes acceptance of the updated terms.
10. Governing Law
These Terms of Use shall be governed by and interpreted under the laws of Ontario, Canada, without regard to conflict of law principles. Any dispute arising from these Terms or the website shall be resolved exclusively in the courts of Ontario.
11. Return & Refund Policy
Effective Date: September 9, 2025
Scope
This policy applies to all services provided by Erik Gray Consultancy. Please note: as a provider of digital, professional, and bespoke services, no physical products are sold.
Refund Eligibility
Due to the nature of consultancy, digital services, and creative works:
- Digital Deliverables (e.g., website files, graphics, code):
- Refunds are generally not provided once work has commenced or files have been delivered.
- Requests for partial refunds may be considered only if the deliverable materially fails to meet the agreed-upon specifications, and such issues are reported within 7 business days of delivery.
- Consultancy & Cybersecurity Services:
- All advice, recommendations, and reports are provided as-is.
- Refunds for consulting hours or services rendered are not available, as time and expertise are already expended.
- Commissioned Work or Sales Services:
- Payments for commissioned work or sales services are final upon acceptance of the agreement, except in cases of demonstrable failure to deliver the agreed-upon scope.
Modifications & Cancellation
- Clients may request modifications to deliverables; additional fees may apply.
- Service agreements may be canceled prior to work commencement, subject to a cancellation fee to cover administrative costs.
Limitation of Liability
- Erik Gray is not liable for indirect, consequential, or incidental damages resulting from services, deliverables, or recommendations.
- Clients are responsible for verifying compliance, usability, and applicability of all services delivered.
12. Services Rendered
a) Website Development
- Custom Website Design & Development: Responsive, SEO-optimized, and mobile-friendly websites tailored to your brand.
- Maintenance & Support: Optional ongoing updates, troubleshooting, and security patches.
- Platforms & Tools: WordPress, HTML/CSS/JS, or other agreed-upon frameworks.
- Deliverables: Fully functional website, administrative access, and optional documentation.
b) Graphic Design
- Branding & Identity: Logos, color schemes, typography, and style guides.
- Digital Media: Social media graphics, banners, icons, infographics, and promotional material.
- Customization: Designs tailored to client specifications, delivered in standard file formats (JPEG, PNG, SVG, etc.).
c) Cybersecurity Services
- Security Audits & Assessments: Vulnerability scans, system audits, and penetration testing.
- Consultancy & Recommendations: Security best practices, risk mitigation strategies, and policy guidance.
- Incident Response Guidance: Advice on data breaches, threat mitigation, and compliance measures.
- Note: All services are advisory in nature; implementation responsibility resides with the client unless otherwise contracted.
d) Commissioned Sales
- Lead Generation & Outreach: Targeted strategies to identify potential clients or partners.
- Sales Facilitation: Guidance and management of sales processes to close deals on behalf of clients.
- Performance Reporting: Metrics, analytics, and results tracking to demonstrate progress and outcomes.
- Terms: Commission or service fees are agreed upon prior to engagement; outcomes may vary depending on market conditions and client responsiveness.
