These Terms of Service govern your use of the website located at https://www.bdkfood.buzz and the food product development, small-batch co-manufacturing, and related services offered by Bdk Food Foundry Inc. By accessing this website, submitting a contact form, requesting a proposal, or entering into an engagement with us, you agree to be bound by these terms and by our Privacy Policy.
If you do not agree to these terms, please do not use the website or seek our services. We recommend that you read these terms carefully before sharing any information or beginning a project. We may update these terms from time to time, and your continued use of the website after any changes take effect constitutes your acceptance of the revised terms.
Bdk Food Foundry Inc. is a food product development and small-batch co-manufacturing company based at 4420 Queensway Gdns, Niagara Falls - L2E 6P7, Canada (CA). We operate a test kitchen and equipment designed to help food entrepreneurs transform recipes into reliable, repeatable, and compliant manufactured products.
Our services span the entire journey from initial recipe development to small-batch production, packaging and label compliance, shelf-life testing, co-packing, and food safety certification support. We approach each product like a foundry casting a batch, applying precision, measurement, and care at every stage.
The website is maintained and developed by the developer BDKFood on behalf of Bdk Food Foundry Inc. All references to Bdk Food Foundry Inc., the company, our services, or our team in these terms include any authorised representatives and service providers engaged by us.
Our website and services are intended for individuals, startups, and organisations engaged in food product development, manufacturing, or retail. By using the website, you confirm that you are at least 16 years of age and are lawfully able to enter into binding agreements.
If you are using the website on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity to these terms. In that case, references to you in these terms include the entity on whose behalf you act.
We may decline to provide services at our discretion, including where a proposed product does not meet applicable food safety standards, where there is a conflict of interest, or where we cannot reasonably fulfil the requirements of an engagement.
Bdk Food Foundry Inc. provides a range of professional services to support food product development. These services generally fall into the following categories.
We help refine and standardise recipes, balance ingredient costs, and establish reliable supply chains so that a product can be manufactured consistently at scale.
We operate small-batch production runs that mirror larger manufacturing processes, allowing clients to validate equipment, procedures, and yields without committing to mass production.
We assist with packaging design guidance, ingredient declarations, allergen statements, nutrition information, and compliance with Canadian labelling requirements.
We design and support shelf-life and stability studies to measure quality attributes and safety over time, informing storage guidance and best-before dates.
We offer confidential batch production and packaging for clients who wish to supply products under their own brand or that of a third party, while protecting proprietary recipes.
We provide guidance on food safety systems, sanitation, traceability, and documentation to help clients work toward certifications and regulatory alignment, including with the Canadian Food Inspection Agency.
The precise scope of any engagement is described in the proposal or agreement that governs the project. Services are not a guarantee of any particular result, such as a specific certification, retail listing, or sales outcome.
To enable us to perform our services effectively, you agree to provide accurate and complete information relevant to your product and project. This includes ingredient specifications, intended retail markets, packaging constraints, target price points, and any existing documentation such as formulas or test reports.
You are responsible for ensuring that you have the right to use any recipes, brand names, and materials you bring to us, and for obtaining any consents or approvals required from other parties. You must promptly respond to reasonable requests for information and decisions so that timelines can be met.
Where you supply raw materials or components for production, you are responsible for their safety, quality, and compliance with applicable regulations at the point of receipt. Our team is available to advise, but ultimate responsibility for the accuracy and completeness of your product claims rests with you as the brand owner.
When you request our services, we will prepare a written proposal describing the scope of work, deliverables, expected timeline, and fees. A proposal becomes a binding engagement only when it is accepted by both parties in writing, such as by a signed proposal or an exchange of confirmatory correspondence.
Each engagement is defined by the specific proposal and these Terms of Service. In the event of any inconsistency between a proposal and these terms, the proposal will control with respect to that particular engagement, unless the conflict concerns matters of law or mandatory safety, in which case the law will prevail.
We may decline to model a project, and we will normally confirm the start of work only after we have received the required information and any initial payment described in the proposal.
Fees are set out in the relevant proposal and may be structured as fixed project fees, hourly rates, or a combination. Unless otherwise agreed, invoices are due within a stated period from the date of the invoice, typically 15 days.
Where a project requires a deposit, the deposit is due before work begins and is applied toward the total project fee. We may charge for materials, third-party testing, travel, and other reasonable out-of-pocket expenses that are incurred in connection with the engagement and that have been discussed with you in advance.
If payments are not received by the due date, we may pause work until the account is brought current. We are not responsible for delays caused by outstanding payments. All fees are exclusive of applicable taxes unless stated otherwise.
We respect intellectual property rights and expect the same in return. The rights to your existing recipes, brand assets, and proprietary product information remain with you throughout the engagement.
Any new work specifically created for you under a project, such as a development report, test protocol, or production specification prepared for your exclusive use, becomes your property upon receipt of full payment, subject to any agreed exceptions stated in the proposal.
Our pre-existing tools, methodologies, processes, and proprietary materials used in delivering the services remain our property. We may use general knowledge and standard practices gained during your project for other clients, provided such use does not disclose your confidential information or infringe your rights.
Both parties acknowledge that, in the course of an engagement, they may share confidential information, including product formulas, technical specifications, business plans, pricing, and customer details. Confidential information means any non-public information identified as confidential or that a reasonable person would understand to be confidential.
Each party agrees to use the other parties confidential information only for the purpose of performing the engagement and to protect it using reasonable security measures. Neither party will disclose confidential information to third parties without the other parties prior consent, except where disclosure is required by law.
These confidentiality obligations survive the completion or termination of the engagement and remain in effect for a reasonable period, generally no less than two years unless the information qualifies as a trade secret, in which case the obligation continues indefinitely.
We take reasonable care to ensure that products produced in our test kitchen are consistent with the agreed specifications. Small-batch production inherently involves some natural variation, and we describe acceptable tolerances where relevant.
Testing for safety, allergens, nutrition, and shelf life is conducted in accordance with applicable standards and generally accepted practices. Where a test result depends on third-party laboratories or external facilities, we rely on their competence and note this in the relevant documentation.
Nothing in these terms guarantees that any finished product will conform to every subjective standard, such as taste or preference. Final acceptance of a product is confirmed through agreed sample approvals and specification review prior to commercial release.
We make reasonable efforts to meet the timelines described in a proposal, but such timelines are estimates and do not form a binding commitment unless expressly agreed as firm dates. Delays may occur due to factors outside our reasonable control, including supplier availability, equipment issues, third-party testing results, or decisions pending from you.
Deliverables such as reports, specifications, and test results will be delivered by electronic copy unless otherwise agreed. Physical samples may be delivered by courier at your expense, and you assume responsibility for their handling once they leave our facility.
Where a delay is caused by you, including late information or decisions, the timeline will be adjusted accordingly, and we may charge for reasonable additional work, in line with the fee structure set out in the proposal.
We warrant that our services will be performed using reasonable professional care and skill consistent with industry standards for food product development of the type described. To the extent permitted by law, Bdk Food Foundry Inc. provides its website and services on an as is and as available basis.
We do not warrant that the website will be uninterrupted or error free, that defects will be corrected, or that the website or its servers are free of viruses or other harmful components. You use the website at your own risk.
We make no warranty, express or implied, regarding any specific outcome from our services, including retail acceptance, certification approval, or sales performance. To the maximum extent permitted by applicable law, any implied warranties, including warranties of merchantability and fitness for a particular purpose, are excluded.
To the maximum extent permitted by applicable law, Bdk Food Foundry Inc. will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the website or our services, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or in connection with an engagement will not exceed the total fees paid by you for that specific engagement. This limitation applies regardless of the form of action, whether in contract, tort, including negligence, or otherwise.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases our liability will be limited to the maximum extent permitted by law.
You agree to indemnify and hold harmless Bdk Food Foundry Inc., its officers, employees, agents, and representatives from and against any claims, damages, liabilities, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of the website, your breach of these terms, or your violation of any rights of a third party or applicable law.
Where an indemnified claim arises from information, materials, or decisions you supplied to us, or from your product launch and marketing activities, you accept responsibility for the consequences of those actions, subject to the limitations set out in these terms.
We will provide you with reasonable notice of any claim for which we seek indemnification and will cooperate reasonably, at your expense, in the defence of such claim.
Either party may terminate an engagement for convenience by providing written notice, subject to any terms agreed in the proposal. Upon termination, you will be responsible for payment for services rendered up to the date of termination, including any non-refundable deposits or committed costs.
Either party may terminate an engagement immediately upon written notice if the other party materially breaches these terms and fails to cure the breach within a reasonable period after notice. Termination does not affect rights and obligations that survive by their nature, including those relating to confidentiality, intellectual property, and limitation of liability.
Upon termination, we will deliver any completed deliverables and any of your confidential materials that we are entitled to return, and both parties will cooperate to wind down the engagement in an orderly manner.
These terms and any engagement between you and Bdk Food Foundry Inc. are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
In the event of a dispute, the courts located in the region of Niagara, Ontario, Canada will have exclusive jurisdiction over any matter arising from these terms, unless another jurisdiction is required by mandatory law. By using the website, you consent to the non-exclusive jurisdiction of these courts for the resolution of legal claims.
For international clients, you agree that your information and any dispute relating to it may be subject to the laws and jurisdiction described above, subject to local mandatory rights that cannot be waived.
Before commencing any formal legal proceedings, the parties will make good faith efforts to resolve any dispute arising out of an engagement through direct discussion and, if desired, through participation in a recognised mediation process.
If the parties cannot resolve a dispute through discussion within a reasonable period, either party may submit the matter to binding arbitration in accordance with the rules of an agreed arbitration provider and venue. Any arbitration award will be final and binding on the parties.
Nothing in this clause prevents either party from seeking injunctive or equitable relief, or from bringing proceedings in a court of appropriate jurisdiction to protect intellectual property, confidentiality, or urgent practical interests.
We reserve the right to modify these Terms of Service at any time. When we make changes, we will update the effective date at the top of this document and post the revised terms on this page.
Your continued use of the website or our services after any modification takes effect constitutes your acceptance of the revised terms. Where a change is material and we have your contact details, we will make reasonable efforts to notify you in advance.
If you do not agree to the revised terms, you may discontinue use of the website and services. Any engagement already in progress at the time of a change will be governed by the terms in effect when that engagement was accepted, unless both parties agree otherwise.
If you have any questions about these Terms of Service or about a specific engagement, please contact us using the details below.
Thank you for reading these Terms of Service. We look forward to supporting your food product development with the same care we bring to every batch we cast.