Terms of Service
These Terms of Service ("Terms") govern your use of marketingassets.ca (the "Site") and the services provided by Marketing Assets Inc. ("Marketing Assets," "we," "our," or "us"), an Ontario, Canada corporation. By accessing the Site or engaging us, you agree to these Terms. Any specific project is also governed by a separate written proposal or statement of work ("SOW"); if anything in a signed SOW conflicts with these Terms, the SOW controls for that project.
1. Eligibility and acceptance
By using this Site or submitting an inquiry, you confirm you are at least the age of majority in your jurisdiction and have authority to enter a binding agreement. If you act for a company, you represent that you can bind that company.
2. Our services
We provide website design and development (including custom CMS, eCommerce, and local-business websites) and ongoing SEO, AEO, and GEO marketing. Website builds are typically one-time engagements; marketing is typically an ongoing monthly retainer. The exact services, deliverables, and fees for your project are defined in your SOW.
3. Quotes, proposals, and binding engagement
Service descriptions and starting prices on this Site are informational. They are not an offer, contract, or guarantee. A binding engagement starts only when both parties sign an SOW and any agreed deposit is received. Starting prices represent our floor for a service type; final pricing depends on the scope confirmed during a free scope call. We may correct pricing or service errors at any time before an SOW is signed.
4. Fees and payment
- Builds. Unless your SOW states otherwise, website projects require a deposit to begin, with the balance due at agreed milestones and before final handoff or launch.
- Retainers. Monthly marketing services are billed in advance each cycle and continue until cancelled under section 11.
- Currency and taxes. Prices are quoted in Canadian dollars (CAD) or US dollars (USD); USD figures are approximate conversions and the final invoice currency is set in your SOW. Fees are exclusive of applicable taxes, which are added where required.
- Third-party costs. You are responsible for third-party costs such as domain registration, hosting, premium plugins or themes, stock assets, and any advertising spend, unless your SOW expressly includes them.
- Late payment. Overdue amounts may incur reasonable interest and may pause active work until the account is current.
5. Scope changes and revisions
Each SOW includes a defined scope and revision allowance. Requests beyond that scope ("change requests") may require additional time and fees, confirmed in writing before we proceed. Delays caused by late feedback, withheld content, or access issues may shift timelines.
6. Your responsibilities and content
You agree to provide accurate information, timely feedback, and the access we need (for example, to hosting, domains, or marketing accounts). You represent that any text, images, logos, or other materials you supply are owned by you or properly licensed, and that we may use them to deliver your project. You agree to indemnify us against claims arising from content or materials you provide.
7. Intellectual property and ownership
On full payment, you receive ownership of the final deliverables we create specifically for your project, including website code, design files, and content we produce for you. We do not keep a license to reuse those project-specific deliverables without your written permission.
This transfer excludes: (a) our pre-existing tools, frameworks, libraries, and know-how, which remain ours and which we license to you on a non-exclusive basis to the extent embedded in your deliverables; and (b) third-party assets (such as fonts, stock media, or plugins) that remain subject to their own licenses, which we pass through to you.
We may include a small "Built by Marketing Assets Inc." credit in your site; you may have it removed by written request at no charge. We will not publish or showcase your project publicly without your consent. All content on this Site itself remains owned by Marketing Assets Inc.
8. Marketing results: no guarantee
SEO, AEO, and GEO depend on independent third parties (such as Google, Bing, and AI assistants like ChatGPT, Perplexity, and Gemini) whose ranking, indexing, citation, and answer systems we do not control and which change without notice. We apply professional, current best practices and work diligently on your behalf, but we cannot and do not guarantee any specific ranking, position, traffic level, lead volume, conversion rate, AI citation, or revenue outcome. Any timelines or estimates we share are good-faith projections, not promises. Marketing involves factors outside our control, including your market, competitors, budget, and platform policy changes.
9. Third-party services and platforms
Your website and marketing may rely on third-party services (hosting, domains, payment processors, analytics, advertising platforms, and similar). Those services are governed by their own terms, and we are not responsible for their availability, performance, pricing, or policy changes.
10. Confidentiality
Each party agrees to keep the other's non-public business information confidential and to use it only to perform or receive the services. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law.
11. Term and termination
Either party may end a project engagement in writing. For monthly retainers, either party may cancel with 30 days' written notice, effective at the end of the current billing cycle; fees already paid for a cycle in progress are non-refundable. On termination of a build, you are responsible for fees for work completed up to that point, and we will deliver completed, paid-for work. Provisions that by their nature should survive (including ownership, confidentiality, disclaimers, and limitation of liability) continue after termination.
12. Disclaimer of warranties
The Site and its information are provided "as is" and "as available," without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted or error-free. Warranties specific to a project, if any, are stated in your SOW.
13. Limitation of liability
To the maximum extent permitted by law, Marketing Assets Inc. and its principals will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from your use of the Site or our services, even if advised of the possibility. Our total liability for any claim relating to a project will not exceed the fees you paid us for that project in the three months before the claim.
14. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there. You agree to the exclusive jurisdiction of the courts of Ontario for any dispute arising from these Terms or our services.
15. Privacy
Your use of this Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
16. Changes to these Terms
We may update these Terms at any time. The "Last updated" date above reflects the most recent revision. Continued use of the Site after a change means you accept the revised Terms. Changes do not alter the terms of an SOW already signed and in effect.
17. Contact us
Questions about these Terms? Email accounts@marketingassets.ca or call +1 365-778-3944.