Terms of use

1. Acceptance of These Terms

These Terms of Use ("Terms") govern your access to and use of the website xestful.com, all of its subdomains, and any forms, landing pages, booking calendars, or messaging programs we operate under this domain (together, the "Site").

By accessing the Site, submitting a form, booking an appointment, or opting in to receive messages from us, you agree to be bound by these Terms. If you do not agree, please do not use the Site.

2. About Us

Legal Business Name: Muhammad Zohaib Anwar Business Structure: Sole proprietorship registered in British Columbia, Canada Operating / Brand Name: Xestful Consulting Business Address: 64-5867 129 St, Surrey, BC V3X 0J4, Canada Email: [email protected] Phone: +1 604-363-4104 Website: https://xestful.com

This Site is owned and operated by Muhammad Zohaib Anwar, a sole proprietor registered in British Columbia, Canada, carrying on business as Xestful Consulting. All references to "Xestful," "Xestful Consulting," "we," "us," and "our" on this Site and in any text messages we send refer to that same business.

Doing Business As (DBA) Declaration

Muhammad Zohaib Anwar is doing business as Xestful Consulting.

The legal business is a sole proprietorship registered in British Columbia, Canada, in the name of Muhammad Zohaib Anwar. This is the name that appears on our official business registration.

Xestful Consulting is the operating and brand name under which that sole proprietorship provides its services. It is the name that appears in our SMS consent checkboxes, in our text messages, in this Terms of Use, in our Privacy Policy, and throughout xestful.com.

The two names refer to one and the same business. Every service, invoice, email, form, and text message issued under the Xestful Consulting name is issued by Muhammad Zohaib Anwar, sole proprietor.

We operate under no other trading name or brand name.

We have no parent company, subsidiary, affiliate, franchise, or related brand, and we do not share, sell, or purchase customer data with any such party.

If you ever receive a message referencing a name other than Xestful Consulting and claiming to be from us, it did not come from us. Please report it to [email protected].

3. SMS Terms and Conditions

Xestful Consulting

Program description. When you opt in to our text messaging program, you may receive messages about appointment confirmations and reminders, reschedule notifications, post-consultation follow-up, and account, estimate, invoice, and payment information relating to your enquiry or account. If you separately consent to marketing messages, you may also receive promotional discounts and deals, new service announcements, customer loyalty rewards, referral incentives, and re-engagement promotions.

Express consent. In accordance with Canada's Anti-Spam Legislation (CASL), we send commercial text messages only to individuals who have given express, opt-in consent. You will only receive the categories of messages corresponding to the consent checkbox or checkboxes you selected. Both checkboxes are optional, neither is pre-selected, and you may submit any form on our Site without selecting either one. We keep a record of your consent, including when it was given and the exact wording you agreed to.

Cancellation. You can cancel the SMS service at any time. Just reply "STOP" to any text message you receive from us. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. Unsubscribe requests are actioned promptly and, as required under CASL, no later than 10 business days after you send them.

Help. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] or +1 604-363-4104.

Carrier liability. Carriers are not liable for delayed or undelivered messages.

Rates and frequency. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 6 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Age restriction. You must be 18 years of age or older (or the age of majority in your province or territory, whichever is greater) to opt in to our text messaging program. We do not knowingly send text messages to anyone under 18.

Support contact. For any question about this messaging program, contact Xestful Consulting at [email protected] or +1 604-363-4104.

Privacy. If you have any questions regarding privacy, please read our privacy policy: https://xestful.com/privacy-policy

4. Eligibility

You must be 18 years of age or older — and the age of majority in your province or territory of residence — and legally capable of entering into a binding contract to use the Site, submit a form, or opt in to our messaging program. By using the Site, you represent that you meet these requirements and that any information you provide is accurate, current, and complete.

If you provide a mobile phone number, you represent that you are the subscriber or customary user of that number and are authorized to consent to receive messages at it. If you stop using that number, you agree to notify us.

5. Acceptable Use

You agree not to:

Use the Site for any unlawful, fraudulent, or unauthorized purpose

Submit false, misleading, or another person's information through our forms

Attempt to gain unauthorized access to the Site, our systems, or any account

Interfere with, disrupt, overload, or damage the Site or its infrastructure.

Use automated systems, bots, or scrapers to access, harvest, or copy content from the Site

Copy, reproduce, resell, or redistribute our content or materials without written permission

Transmit viruses, malware, or any other harmful code, or engage in any conduct prohibited under CASL or the Criminal Code (Canada)

Use the Site to harass, abuse, or harm any person.

We may suspend or terminate your access to the Site or our services at any time if we believe you have violated these Terms.

6. Client Engagements, Fees, and Payment

Where you engage Xestful Consulting, the following applies unless your signed agreement or proposal states otherwise:

Prices, deliverables, and timelines are set out in your proposal or service agreement.

All fees are quoted and payable in Canadian dollars (CAD) unless expressly stated otherwise

Applicable GST/HST and provincial sales taxes are additional and will be shown on your invoice

Monthly subscription services are billed in advance and recur until cancelled in writing

Setup and project fees are non-refundable once work has commenced.

Cancellation of a monthly service requires written notice as specified in your agreement

You remain responsible for third-party costs you incur directly, including platform subscriptions, domain registration, messaging and telephony charges, and advertising spend.

Timelines depend on your timely provision of content, access, approvals, and feedback.

Any performance guarantee offered in a specific proposal applies only on the terms stated in that proposal. Nothing in these Terms limits any right you may have under the Business Practices and Consumer Protection Act (British Columbia) or other applicable Canadian consumer protection legislation.

7. Client Responsibilities

If we build or manage systems on your behalf, you are responsible for:

The accuracy and lawfulness of any content, contact data, or lists you provide to us

Obtaining valid express or implied consent from your own contacts, as required under CASL, before any commercial electronic messages are sent to them.

Complying with all laws applicable to your business and your communications, including CASL, PIPEDA, applicable provincial privacy legislation, and — where you message recipients outside Canada — the messaging and marketing laws of those jurisdictions

Maintaining your own privacy policy, terms, and consent language in your own systems

Keeping your account credentials secure

You agree that you will not use systems we build for you to send unsolicited commercial electronic messages or to contact individuals who have not consented. You acknowledge that responsibility and liability for CASL compliance in respect of your own contact lists rests with you as the sender.

8. Intellectual Property

All content on the Site — including text, graphics, logos, design elements, layouts, and the Xestful Consulting name and branding — is owned by us or our licensors and is protected under the Copyright Act (Canada), the Trademarks Act (Canada), and other applicable laws.

You may view and print pages from the Site for your own reference. You may not otherwise reproduce, distribute, modify, publish, or create derivative works from our content without our prior written consent.

Ownership of deliverables produced for a client is addressed in that client's service agreement. Our underlying methodologies, frameworks, and reusable system components remain our property.

9. Third-Party Services and Links

The Site may link to, or our services may rely on, third-party platforms and tools, some of which are operated outside Canada. We do not control those third parties and are not responsible for their content, availability, pricing, terms, or practices. Your use of a third-party service is governed by that provider's own terms and privacy policy.

10. Disclaimers

The Site and its content are provided "as is" and "as available," without warranties, representations, or conditions of any kind, express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, or non-infringement.

Content on the Site is for general information only. It does not constitute legal, financial, tax, or professional advice, and should not be relied upon as such. You should consult a qualified professional before making decisions for your business.

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of harmful components, or that any particular business result will be achieved from our services.

Some jurisdictions in Canada do not allow the exclusion of certain warranties or conditions. Where such legislation applies, the exclusions above apply only to the extent permitted by law.

11. Limitation of Liability

To the maximum extent permitted by applicable Canadian law, Xestful Consulting, its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, business, or goodwill, arising out of or relating to your use of the Site or our services, whether based in contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Site or our services will not exceed the total amount you paid to us in the three (3) months preceding the event giving rise to the claim, or CAD $100 if you have not paid us anything.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under British Columbia or Canadian federal law, including liability for fraud or for death or personal injury caused by negligence.

12. Indemnification

You agree to indemnify and hold harmless Xestful Consulting, its owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Site, your breach of these Terms, your violation of any law, or your infringement of any third party's rights — including any claim, penalty, or administrative monetary penalty arising from commercial electronic messages sent to your contacts without valid consent under CASL.

13. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including breach of these Terms. Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law survive termination.

14. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law rules. You and we irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia, with venue in Surrey or Vancouver, British Columbia.

Before commencing formal proceedings, you agree to first contact us at [email protected] so we can attempt to resolve the matter informally. Nothing in this section prevents you from bringing a claim in the British Columbia Civil Resolution Tribunal or Small Claims Court where that forum has jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. We recommend reviewing this page periodically.

16. General

Entire agreement. These Terms, together with our Privacy Policy and any signed service agreement, constitute the entire agreement between you and us regarding the Site.

Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.

No waiver. Our failure to enforce any provision does not waive our right to enforce it later.

Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a sale or transfer of the business.

Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

17. Contact Us

Questions about these Terms of Use:

Xestful Consulting Email: [email protected] Phone: +1 604-363-4104 Address: 64-5867 129 St, Surrey, BC V3X 0J4, Canada Website: https://xestful.com