Terms of Service.

1. Acceptance of terms

These Terms of Service (“Terms”) form an agreement between you and Justin Knowlton Marketing (“Justin Knowlton Marketing,” “we,” “us” or “our”). They apply to your use of this website and, where incorporated into a proposal or agreement, the digital marketing services we provide.

By using this website or engaging our services, you confirm that you have read and agree to these Terms. If you act for a business or another organization, you confirm that you have authority to bind that organization.

2. Website use

You may use this website for lawful informational and business purposes. You must not misuse the website, attempt unauthorized access, interfere with its operation, introduce malicious code, scrape it in a manner that burdens its systems, or use its content to violate another person’s rights.

Information on this website is general in nature and does not constitute legal, financial or other regulated professional advice. We may change, suspend or remove website content without notice.

3. Digital marketing services

Services may include strategy, web design and development, search engine optimization, pay-per-click advertising, analytics, conversion tracking, content support, social media management, consulting and related work.

The exact scope, deliverables, schedule, assumptions, fees and approval process will be described in the applicable proposal or service agreement. Work outside that scope may require a revised quote, change order or separate agreement.

4. Client responsibilities

You agree to provide accurate information, timely feedback, required approvals and reasonable access to websites, advertising accounts, analytics systems and other resources needed to perform the services.

• You are responsible for the accuracy and legality of claims, offers, prices, policies and materials you supply or approve.
• You must have the necessary rights and permissions for logos, photographs, copy, customer data and other supplied materials.
• You are responsible for safeguarding account credentials and promptly removing access when it is no longer required.
• You must review deliverables and report errors or requested revisions within the review period stated in the applicable agreement.
• You remain responsible for operating your business and for legal or industry-specific compliance unless expressly agreed otherwise in writing.

5. Fees, expenses and payment

Fees, deposits, billing frequency, taxes and payment dates are set out in the applicable proposal, invoice or service agreement. Unless stated otherwise, amounts are in Canadian dollars and applicable taxes are additional.

Invoices are due by the date shown on the invoice. We may pause work or withhold unpublished deliverables if an undisputed amount is overdue. You are responsible for approved third-party expenses such as advertising spend, software, hosting, domains, stock assets, printing or contractor costs.

Advertising budgets paid to platforms are separate from management fees. Platform charges are generally paid directly by you and are governed by the platform’s terms and refund policies.

6. Changes, approvals and delays

Material changes to an approved scope, design, campaign or schedule may affect fees and delivery dates. We will identify substantial out-of-scope requests before completing that additional work whenever reasonably possible.

Timelines depend on prompt access, feedback and approvals. Client delays, third-party outages, platform reviews, policy enforcement or events beyond reasonable control may extend a schedule. Approval by email or through an agreed project system is considered authorization to proceed.

7. Intellectual property

You retain ownership of materials you provide. You grant us a limited licence to use those materials as necessary to perform the services.

Unless a signed agreement states otherwise, ownership of custom final deliverables transfers to you after all related invoices are paid in full. We retain ownership of pre-existing materials, general methods, know-how, reusable code, frameworks, templates, processes and tools. Where these are incorporated into a deliverable, you receive a non-exclusive licence to use them as part of that deliverable.

Third-party materials remain subject to their original licences. With your permission, or unless your agreement says otherwise, we may identify you as a client and display non-confidential completed work in our portfolio and marketing materials.

8. Third-party services and platforms

Our work may rely on services operated by Google, Meta, Microsoft, Shopify, hosting providers, domain registrars, analytics vendors, social networks and other third parties. Your use of those services is governed by their own terms, policies and fees.

We do not control third-party availability, algorithms, auctions, approval systems, policy decisions, account suspensions, feature changes or data accuracy. We are not responsible for a third party’s acts, omissions, outages or changes, but we will provide reasonable assistance within the agreed scope.

9. Performance and results

Marketing performance depends on many factors outside our control, including competition, budgets, market demand, website condition, sales follow-up, platform changes and customer behaviour. We do not guarantee rankings, traffic, leads, sales, advertising approvals or a particular return on investment.

Forecasts, projections and recommendations are professional estimates, not promises. We will perform the agreed services with reasonable care, but historical results do not guarantee future outcomes.

10. Confidentiality and data

Each party will use reasonable care to protect non-public business, technical and financial information received from the other and will use it only for the engagement. This does not apply to information that is public through no breach, independently developed, lawfully received from another source or required to be disclosed by law.

Personal information is handled in accordance with our Privacy Policy. You must not provide sensitive personal information unless it is necessary, authorized and protected through an agreed method.

11. Suspension and termination

Termination rights, notice periods and minimum commitments are described in the applicable service agreement. If no separate term applies, either party may end an ongoing service by providing 30 days’ written notice.

We may suspend or terminate services for non-payment, unlawful activity, abusive conduct, material breach, security risk or a request that would violate law or third-party policy. On termination, you remain responsible for services performed, approved expenses and non-cancellable commitments incurred through the effective termination date.

After payment of outstanding amounts, we will provide completed client-owned deliverables and reasonable transition assistance included in the scope. Additional transition work may be billed at the applicable rate.

12. Disclaimer and limitation of liability

To the extent permitted by law, the website and services are provided on an “as available” basis. We disclaim warranties not expressly stated in a signed agreement, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

To the extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive or consequential damages, or for lost profits, lost revenue, lost data, lost opportunities or business interruption arising from these Terms or the services.

To the extent permitted by law, our total aggregate liability arising from an engagement will not exceed the fees you paid to us for the services giving rise to the claim during the three months immediately before the event giving rise to liability. This limitation does not apply where liability cannot legally be limited.

13. Indemnity

You agree to defend, indemnify and hold us harmless from third-party claims, damages and reasonable costs arising from materials, instructions or claims you provide; your products, services or business practices; your violation of law; or your breach of these Terms. This obligation does not apply to the extent a claim results from our negligence or wilful misconduct.

14. Electronic communications

You consent to receiving service-related electronic communications such as proposals, invoices, project updates, security notices and account information. Marketing communications will be sent only where permitted by applicable law, and you may unsubscribe from promotional messages using the provided mechanism.

Unsubscribing from marketing does not prevent communications necessary to administer an active inquiry, agreement or service.

15. General terms

Governing law

These Terms are governed by the laws of Ontario and the applicable federal laws of Canada. The parties submit to the courts located in Windsor, Ontario, except where applicable consumer law requires otherwise.

Entire agreement and priority

These Terms, the applicable proposal or service agreement, and any documents incorporated by reference form the entire agreement for the relevant services. A signed service agreement or statement of work takes priority over these website Terms where they conflict.

Assignment and subcontractors

You may not assign an agreement without our written consent. We may use qualified subcontractors or service providers to perform portions of the work while remaining responsible for our obligations under the applicable agreement.

Severability and waiver

If a provision is found unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver of that provision or any other right.

Changes to these Terms

We may update these Terms from time to time by posting a revised version and updating the date above. Changes apply prospectively. Material changes to an active engagement will not override its signed terms unless agreed in writing.

16. Contact

Questions about these Terms may be directed to: