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Terms and Conditions

The Web Marketing Toronto Search Engine Optimization (SEO) Advertising Program Terms are hereunder. The customer accepts the Terms and conditions (hereunder), attached to any document that refers or accept these terms electronically, by signing them. These Terms and Conditions regulate Internet Marketing campaign(s) proposed by Web Marketing Toronto (hereunder), in the scope of this document, described in your Internet Marketing Campaign, executed by and between Web Marketing Toronto and the Customer. All parties hereby agree and acknowledge the following:

1. Policies.

Campaign use is subject to all applicable Web Marketing Toronto ad specification requirements and policies. Policies may be modified at any time. The Customer shall direct communication only to Web Marketing Toronto regarding the Customer's Internet Marketing Campaign outlined on the www.WebMarketingToronto.com website by fax or email to info@webmarketingtoronto.com.com. Web Marketing Toronto reserves the rights to modify ad descriptions and wording to comply with any Policies related to Internet Marketing.

2. The Campaign.

Web Marketing Toronto will create the Customer's Internet Marketing Campaign in the contracted search engines as well as optimize and promote Customer’s website through Internet Search Engines and/or Social bookmarks and/or Web directories and/or Link Building Services and/or Article/Blog Distribution (as states in the contract). Web Marketing Toronto may take up to thirty (30) calendar days from the payment date to process the data entry and to activate contracted services for the client.

For activation of Local Business Listings, Customer must supply Web Marketing Toronto with activation code received in the mail or by phone in order to activate the listing (based on the specific search engine). Web Marketing Toronto reserves the right to refuse Local Business Listing creation with specific keyword(s) within first thirty (30) days after activation due to inability to fulfill Local Business Listing due to reasons unrelated to Web Marketing Toronto , Web Marketing Toronto may substitute the keywords to generally accepted keywords or by modifying spelling to fulfill the contractual obligation under Local Business Listings and SEO Package. The Local Business Listings will only be advertised in a single geographical area and placed according to Customer’s specific industry. Local Business Listing Advertising in additional geographical areas can be created under a new Advertising Package.

Web Marketing Toronto is not responsible for accuracy of information provided by the customer. Web Marketing Toronto does not guarantee the appearance of the ad outside the country of the advertised geographical location, due to language and regional settings. Web Marketing Toronto does not guarantee specific position(s) of the Customer’s Local Business Listing or website in the search engines, but doing all reasonable and legitimate effort to move Customer’s Local Business Listing and website to the highest position possible in the Search Engine Results. Images and Video content supplied are not guaranteed to appear due to possibility of technical issues unrelated to Web Marketing Toronto , Web Marketing Toronto does not guarantee appearance of the Customer’s a Local Business Listing or Website if URL supplied by customer is not in working condition, as it will be automatically filtered out by the search engines.

Video Distribution will only be completed if a video is provided by the client. Web Marketing Toronto is not responsible for video creation or video editing of any kind.

On-Site SEO services can be performed only by Web Marketing Toronto, after client provides FTP access to Web Marketing Toronto Technical Department to access the website the services were contracted for, absents of correct FTP login information, will result in inability or delay in performing the services. If Web Marketing Toronto is unable to perform the services due to customer’s failure to provide FTP access, no refunds will be issued.

Website Submission services do not guarantee inclusion of customers website in the submission results due to difference in search engine performance regulations and search algorithms.

Directory submission services do not guarantee acceptance to the directory for various reasons not related to Web Marketing Toronto

Reports for campaign development are available upon request or if otherwise mutually agreed by Web Marketing Toronto and client, which is explicitly stated on the agreement.

Web Marketing Toronto delivers a majority of the services listed within one month (30 days) from the service activation date. Due to the search engine specific rules for website indexing and actions Web Marketing Toronto takes to promote customers websites, customer should expect changes in incoming traffic volume and quality 3 months (90 days) to 6 months (180 days) after effective activation date.

Web Marketing Toronto will create new or manage existing customer’s Search Engine Advertising Account, provided customer grants full access. Web Marketing Toronto will maintain the account optimized for maximum performance to the best of its abilities. Web Marketing Toronto DOES NOT GUARANTEE ANY DIRECT OR INDIRECT RESULTS FROM THE ADVERTISING SERVICES, including but not limited to increases in sales, enquiries, overall business performance and website statistics. Web Marketing Toronto also does not guarantee or cannot influence any changes in costs associated with customer account done by the Search Engines. In the event that a client is not satisfied with Services provided by Web Marketing Toronto to customer, customer may receive monetary compensation less or equivalent to Management fees paid in specific billing cycle.

Clients may request changes to be done on the account by sending email to info@webmarketingtoronto.com a maximum of 3 times in any given billing cycle. Advertising Budgets will be prepaid to Search Engine prior to account activation or on first day of new billing cycle. Budget changes will be done with automatic deductions of 25% for Management fees. Content Network and Remarketing Services will take a minimum of three (3) weeks from the date of receipt of payment for set up fees to activate services, provided Search Engine accepts and approves the account. In event when successful submission is questionable, Web Marketing Toronto will advise client to cancel services without any penalties or cancellation fees, details are stated in Cancellation Section of these Terms. Content Network and Remarketing Services require FTP access to client’s site or ability for client to add code to site. Content Network and Remarketing clients will have banners presented for their approval prior to beginning of services, Client will have a choice of one revision, where the client must state required changes to the graphical components of the banner, and all additional revisions will be subjected to a $50 fee per revision.

Client must approve banner within minimum activation period of 3 weeks, all time spent to approve the banner beyond reasonable, will be added to the minimum activation time, and Web Marketing Toronto will not be held liable for delay in activation. Client has the option of supplying own banners in specified formats. Customer upon termination of services may own Web Marketing Toronto created account, after a successful transfer of owner on the account and payment of transfer fees, stated in the Cancellation Section of this agreement. Web Marketing Toronto may reject or terminate any Services at any time for Customer's failure to provide payment. Web Marketing Toronto will not carry any responsibility for budgets if clients interfere in account management.

The Customer grants Web Marketing Toronto permission to utilize any automated software programs to retrieve and analyze websites associated with the Campaign for ad quality and serving purposes. Web Marketing Toronto may reject or terminate any Campaign at any time for Customer's failure to provide payment.

3. Renewal.

The Customer’s Internet Marketing Campaign is subject to automatic renewal under same terms and conditions as specified in original agreement for the same duration as specified in original contract, Payment information specified in the contract will be used for purpose of payment for renewal and subject to Section 8 of these Web Marketing Toronto Marketing Terms.

4. Cancellation.

Within the first 24 hours from the moment payment is received, customer may cancel the IMC without cause in writing by email to info@webmarketingtoronto.com.com or fax 905-326-2791. The Customer will be entitled to a full refund. A Customer that wishes to cancel after the first 24 hours from payment will not be entitled to a full refund but may be entitled to a partial refund.

In the event that the Customer wishes to cancel any time beyond the first 24 hours, they may do so by sending cancellation request in writing to Customer Care by fax to 905-326-2791 or via email to info@webmarketingtoronto.com.com. The Customer will be liable for the full price of the set up fee depending on the campaign purchased and regardless of any discounts given upon purchase of the campaign, as discounts are relative to payment terms only. Monthly fees will be charged for all completed months, all incomplete months will be rounded up to the next complete month, and the services will be provided in full for all paid months unless requested by the client. The request to stop services before the completion of prepaid months does not qualify for any additional refunds. If a customer cancels the contract at any time with in the duration of the contract, there will be NO REFUND. Money back guarantee is not applicable in this case.

In case of cancellation, Web Marketing Toronto reserves the right to take legal action for the balance payment.

At any time Web Marketing Toronto may modify the Campaign and/or its Terms, including change in the price initially charged by Web Marketing Toronto for the Campaign by giving the Customer a one-week notice (hereinafter, the Notice of Change) with no liability to Web Marketing Toronto , its partners, appointees or affiliates. Should the Customer choose to continue with the Campaign at the end of the one-week period since the Notice of Change was delivered to the Customer, it is understood by the parties to this agreement that the Customer has accepted the Change to the Terms and accepted such changes.

5. Refund Policy for Guarantees.

Web Marketing Toronto does not offer any guarantees for SEO (Search Engine Optimization) services unless otherwise stated within the contract or original service agreement signed by the customer. If the guarantee is not met for any number of Keyword(s)/Key Phrase(s) within the timeframe specified in the contract agreed by the customer, Web Marketing Toronto will work on the customer’s keywords for an additional 6 months at no additional cost to the customer prior to processing any refund. During the additional 6 months of no cost SEO service Web Marketing Toronto reserves the right to optimize the customer’s site using a 10 keyword reserve list without customer approval. If guaranteed ranking is obtained using the reserve keywords list, no refund will be processed. The Web Marketing Toronto guaranteed ranking is considered to be completed at the time that the customer’s website is on the first page of Google for the agreed upon keyword(s) stated in the original contract, service agreement or email communication with Web Marketing Toronto Staff or Associates. If the customer’s website drops from the first page of a search engine after Web Marketing Toronto has documented the first page ranking for specified keyword(s), no refund will be processed and the guarantee is considered to be met.



6. Prohibited Uses; License Grant; Representations and Warranties.

Customer shall not advertise personally and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice. Customer represents and warrants that it holds and hereby grants Web Marketing Toronto all rights (including without limitation any copyright, trademark, patent, publicity or other rights) in formulating the keywords and advertisement needed for Web Marketing Toronto to operate Internet's advertising campaigns for the Customer in connection with this Agreement.

The Customer represents and warrants that all Customer information is complete, correct and current; and the Customer's Services or product will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights, including, without limitation, intellectual property rights. Violation of the foregoing may result in immediate termination of this Agreement or customer's account without notice and may subject Customer to legal penalties and consequences.

7. Disclaimer and Limitation of Liability.

To the fullest extent permitted by law, Web Marketing Toronto DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUSTOMER'S BREACHES OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR FOR ANY LOSS OR INTERRUPTION TO CUSTOMER'S BUSINESS, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO Web Marketing Toronto BY THE CUSTOMER FOR THE AGREEMENT GIVING RISE TO THE CLAIM. Except for payment obligations, neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including but not limited to acts of God, government, terrorism, natural disaster, labor conditions and power failures OR Any changes made by Google in the algorithm which might affect the placement of the website on the first page. The parties agree that this is a continuing indemnity which shall remain in full force until it is terminated

8. Agency.

The Customer represents and warrants that it is authorized to act on behalf of and has bound to this Agreement any third party for which the Customer advertises.

9. Payment.

The Customer shall be responsible for all charges up to the amount of the Internet Marketing Campaign, or as set in the contract, and shall pay all charges in U.S. or Canadian Dollars equivalent to CAD with current market exchange rate for the day of payment, unless otherwise specified in the Internet Marketing Campaign. In case of declined/missing payment, all work on customer's account will be temporary suspended and customer must provide alternative payment within 7 days of the email notification. If payment is not provided within 7 days, the account will be cancelled and Web Marketing Toronto reserves the right to revert the customer’s website to pre contract state and cancel or suspend all listings. Web Marketing Toronto reserves the right to a legal action against the Customer for any outstanding balances. Customer is responsible for paying all taxes, government charges, and reasonable expenses and attorneys fees Web Marketing Toronto incurs collecting outstanding amounts.

To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within 30 days after the charge. Charges are solely based on Web Marketing Toronto 's measurements for the applicable Campaign, unless otherwise agreed to in writing. The Customer acknowledges and agrees that any credit card and related billing and payment information that the Customer provides to Web Marketing Toronto may be shared by Web Marketing Toronto with companies who work on Web Marketing Toronto 's behalf, such as payment processors and/or sales agents, solely for the purposes of effecting payment to Web Marketing Toronto and servicing the Customer's account. Web Marketing Toronto may also provide information in response to all valid legal processes, or to establish or exercise its legal rights or defend against legal claims. Web Marketing Toronto shall not be liable for any use or disclosure of such information by such third parties.

10. Indemnification.

The Customer also agrees and covenants to indemnify and save Web Marketing Toronto harmless from and against any and all third party claims, demands, actions and causes of action which may be made or brought against Web Marketing Toronto or the Customer or both in respect of IMC or breach thereof, as well as Campaign conducted by Web Marketing Toronto , and from and against all damages, loss, cost, including legal costs on a solicitor and client basis, liability or expenses which the Customer may suffer or incur as a result of or in respect of the Campaign.

11. Miscellaneous.

The Agreement is governed by laws of Ontario, Canada. The Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any other applicable agreements, terms and conditions applicable to the subject matter hereof. Any conflicting or additional terms contained in additional documents (e.g. reference to a purchase order number) or oral discussions are void. Each party shall not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Customer may grant approvals, permissions, extensions and consents by email. Any notices to Web Marketing Toronto must be sent to info@webmarketingtoronto.com.com with read receipt confirmation.

Notice to Customer may be effected by sending email to the email address specified in Customer's account, and is deemed received when sent. A waiver of any default is not a waiver of any subsequent default. Unenforceable provisions will be modified to reflect the parties' intention and only to the extent necessary to make them enforceable, and remaining provisions of the IMC will remain in full effect. Customer may not assign any of its rights hereunder and any such attempt is void.

12. Website Design and Image and Information Use

The content of the pages of a website design is for your use only.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, performance, completeness, or suitability of the information and materials found or offered in a website design for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your uses of any information or materials in a website design are entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, graphics/images, or information available through a website design meets your specific requirements.

A website design may contain material which are not specifically owned by or licensed to us unless otherwise specified. This material includes, but is not limited to, the design, layout, look, appearance, and graphics/images. Reproduction of a website design is prohibited as all rights to any website designs and demos along with any parts of the designs remain the exclusive property of Web Marketing Toronto and affiliates until the website design has been completed and full payment has been received. Unauthorized use of a website design, information/content or graphics/images may give rise to a claim for damages and/or be a criminal offence.

On any custom designed project please note with every quotation our maximum hours are as follows: Logo: Up to 6 hours with up to 3 variations, Home page and 1 Inner page design: Up to 15 hour maximum. The content in the pages of this website design are for your use only. Site content will be provided by the customer. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, performance, completeness, or suitability of the information and materials found or offered in this website design for any particular purpose.

You hereby guarantee any text, graphics, photo design, trademark or other content provided to or used by Web Marketing Toronto and affiliates for inclusion on your website or in off-site promotion of your website is owned by yourself or you have received permission from rightful owner(s) to use these elements, and will hold harmless, protect and defend Web Marketing Toronto and its affiliates from any liabilities or suit arising from the use of such elements. Web Marketing Toronto retains exclusive royalty rights to the custom designed templates and does not authorize removal of the Web Marketing Toronto name or link from the footer of those template designs unless otherwise specified or payment for royalties has been made.

All pricing quotes are given at a reduced rate based on the customers understanding that the Web Marketing Toronto Logo and Link be displayed in the footer of the website design. Unless otherwise specified, hosting is not included. The customer also agrees to let Web Marketing Toronto display their website in the Web Marketing Toronto Portfolio.

All images and information included with designs are for display purposes only unless otherwise specified or are provided by you the client. Images are not approved for live use unless stated otherwise by Web Marketing Toronto . Use of images not approved for live websites is not recommended and used at your own risk including completed website design projects.

It is the responsibility of the customer to obtain legal rights to any images that they choose to use with their website design that were not legally provided by the client. Web Marketing Toronto and all affiliates do not take any responsibility for the illegal use of images pertaining to the design of websites.

You are solely liable for the use of this website design and any dispute arising out of such use of the website design subject to the laws of Canada.

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