Terms & Conditions
By purchasing a Subscription Plan, the person or organization (the “Client”) confirms that they voluntarily accept the terms and conditions set forth below and such terms and conditions shall form a binding agreement between us (this “Agreement”).
This Agreement is made and entered into by myMarketing Incorporated and the Client. Whereas, myMarketing Incorporated and the Client desire to enter into a relationship in which the Contractor will provide services, as specified in the applicable Proposal or Subscription Plan, to the Client.
The Contractor agrees to perform the services indicated in the Proposal or the Subscription plan purchased to the Client. Some projects may require third-party fees or a separate Statement of Work.
Compensation is calculated based on the agreed-upon hours of work for a determined period. If additional hours above the designated amount are required, the Client will be charged at the new rate of $145 (CAD) or $110 (USD) per hour. Invoices may vary if services at a higher hourly rate are used. These rates differ based on specific decisions made by the Client and discussed in separate meetings.
The stated estimate in the Proposal is valid for 60 days upon the delivery of the document. If 60 days have passed without the acceptance of this Proposal, the estimate may be re-evaluated.
3. SUBSCRIPTION TERM
The term of this Agreement shall commence at the start date of the Agreement or when the Subscription plan has been purchased, and have a span throughout the respective period length. Once the initial term is complete, a subsequent period of the same conditions will renew until cancellation is made.
The Subscription Term will automatically renew at the end of the applicable period, unless you notify us of your intention to cancel in writing no later than 14 days before the end of the then-current subscription period. The cancellation will take effect the day after the last day of the current Subscription Term. We do not provide refunds or credits for any partial subscription periods. The Client must reimburse the Contractor for any non-cancelable services and commitments entered in connection with the Agreement being terminated.
Cancellation requests made verbally, to an individual team member, or inside direct messages (DMs), including but not restricted to Slack, Asana, and LinkedIn, will not be honored.
Furthermore, you agree to complete the myMarketing Feedback Form and attend a feedback call with myMarketing’s Client Success team once your written notice of cancelation has been received.
4.1 Breach of Contract
- The Contractor may terminate this Agreement immediately at any time if the Client fails to pay for the Services or breaches any other term of this Agreement.
- The Client may terminate this Agreement immediately at any time if the Contractor fails to provide the Services or breaches with any other term of this Agreement.
5. PAYMENT SCHEDULE
Payments will be made according to the following payment schedule, unless stated otherwise in a Proposal:
- Monthly subscriptions will be paid in full at the start date of every month;
- Quarterly subscriptions will be paid in 2 payment installments. The Client will be required to pay 2 full months before the first day of the Subscription Term. The second payment will be 1 month later on the same day, and be equivalent to the monthly price. The 2 payments will cover 3 months of services.
- Yearly subscriptions will be paid in 3 payment installments. The Client will be required to pay the equivalent of 4 full months of service: before the first day of the Subscription Term, 2 months after the Start Date, and 4 months after the Start Date. The 3 payments will cover 12 months of services.
The first invoice will be sent once an agreement has been signed or a plan has been purchased. All payments will be paid by Credit Card and invoices will be received the same day. Services will begin after a signature and the reception of the first month’s payment.
5.1 Breach of Payment Schedule
Work may be stopped and timelines delayed if payment has not been made on the date agreed upon in the respective payment schedule.
The Compensation in this Agreement and all subscription plans does not include taxes. The Client is responsible for paying the applicable Tax, and any similar charges imposed upon or related to the Services of this Agreement and all future subscription plans.
The Contractor is entitled to reimbursement for all reasonable and necessary expenses incurred in providing the Services. The Client must pre-approve all expenses made by the Contractor. The Contractor must include proof and receipts for all reimbursable expenses.
The Client agrees that up to 30% of their purchased hours for the first subscription month may be used for the Contractor’s onboarding process to be completed, including but not limited to requesting access to the Client’s platforms and documentation, kick-off calls, and creation of Client in internal systems.
The Client agrees to participate in the onboarding process efficiently and to complete myMarketing’s requests in a timely manner.
8. NO EXCLUSIVITY
The parties understand this Agreement and all future additional Statements of Work is not an exclusive arrangement. The parties agree they are free to enter into other similar agreements with other parties given that they are able to complete the requirements for this Agreement.
9. PARTICIPATION IN SERVICES
We are committed to providing all clients, partners and team members with a positive experience. Thus myMarketing may, at its sole discretion, limit, suspend, or terminate your participation in any of its services, without refund or waiver of remaining payments if:
- You become disruptive or difficult to work with;
- You fail to follow these terms and conditions; or,
- You do not respect the team members and partners involved in supporting your digital marketing activities.
10. INDEPENDENT CONTRACTOR
Neither party is an agent, representative, partner, or employee of the other party.
The Contractor may, at its option, subcontract work under the Agreement and all future additional Statements of Work. The Contractor assumes full responsibilities of the work done by its employees or independent subcontractors involved. All project members (employees or independent subcontractors) are bound by the confidentiality terms of the agreement.
All work created by the Contractor in connection with performing the Services in the Agreement and all future additional Statements of Work is the exclusive property of the Client once the full payment for these Services has been received by the Contractor. All tools, processes or any other of the Contractor’s assets that can be considered intellectual property will remain the exclusive property of the Contractor.
The Client agrees to indemnify and hold the Contractor harmless against all claims, liabilities, demands, damages, or expenses (including attorneys’ fees and expenses) arising out of or in connection with the Client’s use of the Services.
In no event will either party be liable for special, indirect, consequential, or incidental damages including but not limited to loss of profits, revenues, data or power, damage to or loss of the use of products, damage to property, claims of third parties, including personal injury or death, suffered as a result of the provision of Services.
14. FORCE MAJEURE
Neither party shall be liable for failure to perform, nor be deemed to be in default, under this Agreement and all future services for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of provincial or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In the event of such delay, the date of delivery or time of completion will be extended by a period of time reasonably necessary to overcome the effect of any such delay. If either party is not able to continue the service due to a cause beyond its reasonable control, the Contractor or Client will be able to terminate the contract immediately.
The Contractor understands they may have access to the Client’s confidential information. The Contractor agrees to use the Client’s confidential information solely for the purpose of performing the Services. The Contractor agrees not to share the Client’s confidential information with anyone else unless they are required to by law. The Contractor’s obligation to maintain confidentiality for this Agreement and all future services will survive until the termination of the Agreement and will remain in effect indefinitely.
16. DELAY OR SUSPENSION OF WORK
If the Client’s acts or failure to act causes the Contractor to delay or suspend performance of Services in this Agreement and all future additional Statements of Work, the Contractor and the Client will mutually agree to one of the following remedies:
- The Contractor will decide if he agrees to temporarily pause the services and payment of services. If the Contractor does not agree to pause the contract, the remedy b. will be applied.
- The Contractor will continue the project as practicable under the circumstances and the Client will continue to make all scheduled payments until the termination of the contract.
Notwithstanding the above, the Contractor shall have the right to invoice the Client for any work performed until the date of suspension.
The Contractor may use the Client’s name or mark and identify the Client as a client of the Contractor, on the Contractor’s website and/or marketing materials. The Contractor may issue a press release, containing the Client’s name, related to the completion of the Agreement and all future services. Work completed by myMarketing and publicly available can be used for myMarketing’s portfolio and marketing activities.
18. TERMS OF SALE
Once an Agreement has been signed or a plan has been purchased, the Contractor has the right to charge the Client’s credit card following the payment schedule indicated in these Terms and Conditions or a Proposal. You also understand that:
- All sales are final and non-refundable and the Client waives any right to chargeback the purchase from their credit card processor;
- A request to opt out of the Subscription prior to the completion of the term does not release you from the agreed-upon payment terms, other than according to the terms outlined in the cancellation terms above;
- myMarketing reserves the right to automatically charge less than the original installment amount in the event of a failed payment;
- After the initial term, you agree to renew the subscription under the same term and conditions unless you notify us of your intention to cancel in writing no later than 14 days before the end of your initial term, as per the cancellation terms above.
This Agreement may be modified as needed. To make a modification, the parties have to agree to the modification in writing in the form of an amendment. The terms of this Agreement will apply to any amendment made unless otherwise stated in the amendment.
19.2 Complete Contract
This Agreement constitutes the parties’ entire understanding of their rights and obligations. This Agreement supersedes any other written or verbal communications between the parties. Any subsequent changes to this Agreement must be made in writing and signed by both parties.
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of this Agreement will still be enforceable.
If any provision of this Agreement is held by a court of competent jurisdiction to be overly broad or unclear, that provision is to be construed to afford the Contractor the maximum protection permitted by law.
Neither party can waive any provision of this Agreement, or any rights or obligations under this Agreement, unless agreed to in writing. If any provision, right, or obligation is waived, it is only waived to the extent agreed to in writing.
19.5 Governing Law and Language
The terms of this Agreement and the resolution of any related disputes will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable in that province. If the Contractor or Client takes any legal proceedings of any nature in relation to this Agreement or the Engagement, such proceedings must be commenced in Ottawa, Ontario, Canada. The language used in this Agreement is the language chosen to express the parties’ mutual intent, and no rule of strict construction will be applied against either party. The parties confirm that it is their wish that this Agreement, as well as any other documents relating to this Agreement, have been and will be drawn up in the English language only.