LEGAL AGREEMENT | STANDARD TERMS AND CONDITIONS
Our goal is to exceed your expectations by providing high-quality marketing and web services to our clients. If you are not satisfied with the work, product(s) or marketing service(s), please tell us right away and we will attempt to correct any issue(s) within our control to ensure your complete and full satisfaction.
We provide an extensive portfolio for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. For online marketing and campaigns, we never guarantee a specific result online or in the search engine results because we do not control them, nor can we control user behaviours toward your offer, product, service or solution. If you have any questions or reservations, please contact us prior to making a payment for services. Thank you!
Each time an invoice is paid, the then-current version of these terms and conditions will apply. We recommend that you check the date of our most recent update to these terms and conditions and review any changes since the last time you paid an invoice. All invoices reference these terms and conditions and provide the URL of this page. Although most changes are likely to be minor, we reserve the right, at any time and without notice, to add to, update, change, or modify these terms, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately upon publishing said update and/or updating this page.
1. Billing and Invoicing General Terms and Conditions
Cannabud Marketing (hereinafter “Company”) is the Company providing the products and/or services to the business (hereinafter “Client”) that paid the invoice. Electronic and email communication is construed as a written notice in all communications by Company. These terms and conditions are referenced in all invoices issued by Company as these terms and conditions govern the invoiced services and the required amount due and payment(s) under the invoice. Invoices are due in full on the issue date unless otherwise stated below. The company may accept a deposit or provide payment arrangements as a courtesy to the Client but this shall not be construed as a waiver of the full balance due to the Company.
Any and all payments made on an invoice shall be deemed to be full acknowledgment and acceptance of these terms and conditions by the Client. Once payment is made on an invoice, no refunds will be issued as we begin work immediately and often render or deliver the products and/or services immediately or very quickly after payment is made. The Client acknowledges and understands this and both parties agree that the invoice is an agreement, and, unless otherwise indicated by a primary or secondary written agreement, the invoice represents the full scope of the agreed-upon project and related products/services.
Payment of the invoice is regarded as an agreement between the Company and Client and shall become effective and due as of the date first issued by Company and terminate immediately upon final payment of the full balance due to Company. Invoices sent via email are considered as written notice to the Client of the balance due. The Client shall pay the Fees on or before the date due in accordance with the Invoice but not later than 14 days past the invoice date.
Company requires a 30-day written notice of cancellation of any recurring advertising, marketing, technology, hosting, licensing or support service. Recurring products and services are defined as the same product or service being provided for two or more consecutive months. Company reserves all rights not expressly granted to Client. Except as authorized in these terms and conditions.
2. For the purposes of receiving professional & timely SEO & Website services, the Client agrees to provide the following:
– Administrative/backend access to the website for analysis of content and structure.
– Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, e.g., your web designer, if necessary.
– Unlimited access to existing website traffic statistics for analysis and tracking purposes.
– Client authorizes The Company use of all Client logos, trademarks, website images, etc., for use in creating informational pages and any other uses as deemed necessary by The Company for search engine positioning and optimization.
– Client understands that if there any delays in the provision of information there may be delays in the timeline of deliverables provided
3. The Client must acknowledge the following with respect to services:
– The Company has no control over the policies of search engines regarding the type of sites and/or content they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
– Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, The Company does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
– Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than 6 months. This is referred to as the “Google Sandbox”. The Company assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
– Occasionally, search engines will drop listings for no apparent or predictable reason due to changes in the algorithm.
– The Company is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
– The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to The Company for inclusion on the website above are owned by the Client, or that Client has received permission from the rightful owner(s) to use each of the elements and will hold harmless, protect, and defend The Company and its subcontractors from any liability or suit arising from the use of such elements.
4. Legal Venue.
Any disputes arising from this contract will be litigated or arbitrated in Toronto, Canada. This Agreement shall be governed in accordance with the laws of Canada.
5. Credit Card Authorization
You authorize Cannabud Marketing (Company) to bill all charges related to products and/or services provided by Company to the credit card provided by you and agree to pay these charges according to the cardholder agreement. You agree that there are no refunds for any reason under the terms and policies stated herein. You hereby irrevocably authorize and instruct the card issuer to deny any chargeback requests relating to this charge authorization at any time and for any reason and agree that fax, digital or electronic transmission of this agreement and/or payment on any invoice is mutually acceptable and legally binding under these terms and conditions and constitutes acknowledgment of these terms and conditions as noted on the associated invoice.
6. Limitation of Liability.
The Company shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. The Company is not responsible for errors which result from faulty or incomplete information supplied to The Company by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Company shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services.
7. Handling of Disputes.
The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to The Company, shall be handled in accordance with applicable laws. Specifically, if Client cancels credit card payments or fails to continue payments, this Agreement is immediately terminated. The Company reserves the right to dispute such cancellation and pursue Client for monies owed to The Company for services already performed but unpaid by Client due to such credit card cancellation.
The Customer hereby acknowledges having read these terms and conditions and hereby agrees to be bound by said terms and conditions. Payment on any invoice by Customer shall be deemed as customer’s acknowledgment, understanding and agreement to be bound by these terms and conditions.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME AS NEEDED IN THE SOLE DISCRETION OF THE COMPANY.
– Updated July 2022