Terms of Service
This is a plain-English starting template, not legal advice. Please have a qualified lawyer review and adapt it for your business before you rely on it.
These Terms of Service ("Terms") govern your use of the MarketCub website and the design, development, and marketing services we provide ("Services"). MarketCub ("we", "us", or "our") is an independent marketing agency based in Canada. By visiting our website, requesting a quote, or engaging us for a project, you ("you" or "the client") agree to these Terms. If you don't agree, please don't use our website or our Services.
Our services
MarketCub offers website redesign, website creation, and payment system integration, together with related design, front-end development, and ongoing care and support. The specific Services for any engagement are set out in the written proposal, quote, or statement of work we agree with you. We may update our Service offerings over time, but doing so won't change the scope of a project already underway without your agreement.
Quotes & scope of work
Before we start, we provide a written quote describing the deliverables, timeline, and price for your project. That quote, once accepted by you in writing (including by email), becomes the agreed scope of work for the engagement.
- Work outside the agreed scope ("out-of-scope work"), for example added pages, new features, or extra rounds of revisions beyond those quoted, will be estimated and quoted separately before we begin it.
- Quotes are valid for 30 days from the date issued unless we state otherwise.
- Timelines depend on you providing content, feedback, and approvals on time. Delays on your side may shift the schedule.
Fees & payment
All fees are quoted and payable in Canadian dollars (CAD) unless we agree otherwise in writing. Applicable taxes are added where required.
- Deposit. Most projects begin once you've paid a non-refundable deposit of 50% of the quoted project fee. This reserves your spot in our schedule and covers initial work.
- Milestones. The remaining balance is invoiced at agreed milestones, for example on design sign-off and again at launch.
- Recurring plans. Ongoing care or growth plans are billed monthly in advance and continue until cancelled in line with the "Termination" section below.
- Late payment. Invoices are due within 14 days. We may pause work on overdue accounts and may charge reasonable interest or fees on late balances where permitted by law.
Revisions
Each project includes the number of revision rounds stated in your quote. A "round" is a single, consolidated set of feedback delivered together. We'll always tell you when requested changes go beyond the included rounds or the agreed scope, and we'll quote any additional work before proceeding. We don't begin extra revisions until you approve the additional cost.
Client responsibilities
A great result depends on a real partnership. You agree to:
- Provide accurate, complete content (text, images, logos, and other materials) and the rights to use it, in a timely manner.
- Give clear, consolidated feedback and timely approvals at each stage so the project stays on schedule.
- Confirm that any content you supply does not infringe anyone else's rights and complies with applicable laws.
- Designate a point of contact who can make decisions and sign off on deliverables on your behalf.
If a milestone or deliverable isn't reviewed within a reasonable period after we ask for sign-off, we may treat it as approved so the project can move forward.
Intellectual property & ownership
Once your project is paid in full, you own the final, delivered website and the custom design and content we create specifically for you under the engagement. Until full payment is received, all work product remains our property.
- We may retain ownership of our own pre-existing tools, code libraries, templates, and know-how, and grant you a licence to use them as part of your delivered website.
- Third-party assets (fonts, stock images, plugins, platforms, and similar) remain subject to their own licences, which you're responsible for maintaining.
- Portfolio. We may showcase the work we do for you (including screenshots, descriptions, and a link) in our portfolio, case studies, and marketing, unless you ask us in writing not to.
Third-party services & platforms
Your project may rely on third-party services and platforms, for example hosting, domain registrars, content management systems, analytics, payment processors, and similar tools. These are provided by their respective companies and are governed by their own terms and pricing. We're not responsible for the availability, performance, security, or pricing changes of third-party services, and any fees they charge are your responsibility unless we've expressly included them in your quote.
Warranties & limitation of liability
We provide our Services with reasonable skill and care and aim to deliver work that meets the agreed scope. Other than as expressly stated in these Terms or your quote, the Services and our website are provided "as is" without warranties of any kind, to the fullest extent permitted by law. We don't guarantee specific business outcomes such as particular search rankings, traffic, leads, or revenue, as these depend on many factors outside our control.
To the maximum extent permitted by law, MarketCub will not be liable for any indirect, incidental, or consequential losses, and our total liability arising out of or relating to an engagement is limited to the fees you paid us for that engagement. Nothing in these Terms limits any liability that cannot lawfully be limited.
Termination
Either party may end an engagement with written notice if the other party materially breaches these Terms and doesn't fix the breach within a reasonable period after being asked to. On termination:
- You agree to pay for all work completed up to the termination date, including any work in progress.
- Deposits already paid are non-refundable.
- Recurring plans can be cancelled with 30 days' written notice; the plan continues until the end of the current billing period.
- Ownership of work product transfers to you only once all outstanding fees are paid in full.
Governing law
These Terms are governed by the laws of the Province of [Province], Canada, and the federal laws of Canada that apply there. You agree that the courts of that province have jurisdiction over any dispute relating to these Terms or our Services.
Changes to these terms
We may update these Terms from time to time. When we do, we'll change the "Last updated" date above and post the revised version on this page. Significant changes won't affect a project already underway unless you agree. By continuing to use our website or Services after an update, you accept the revised Terms.
Contact
Questions about these Terms? Get in touch at hello@marketcubagency.com and we'll be happy to help.