Terms of Service

1. Who We Are and Who You Are

These Terms of Service (“Terms”) form a binding agreement between you (“Client,” “you”) and Make Your Biz Stand Out, operating as a division of 16646689 Canada Inc. (“the Company,” “we,” “us”). By purchasing a service, you confirm that:

• You are at least 18 years of age;
• You are the owner of, or are duly authorized to enter into agreements on behalf of, the business named on your order form;
• All information you provide on the order form is accurate and complete;
• Your business is legally operating in Canada or the United States. Services are offered only to businesses located in Canada and the United States. We reserve the right to decline or cancel any order placed from outside this territory.

2. Electronic Signature and Formation of Agreement

Entering your full legal name on the order form and submitting it constitutes your electronic signature and has the same legal effect as a handwritten signature. Your submission of the form, together with your payment, forms a binding agreement between you and the Company. This agreement takes effect on the date payment is successfully processed.

3. Services and Scope

The services and deliverables you are purchasing are those explicitly listed for your selected service and tier on the Company’s website at the time of purchase. Anything not listed is not included, regardless of any assumption, industry norm, or prior conversation. Examples of items that are not included unless explicitly listed for your tier: additional pages, copywriting beyond what is stated, logo or brand design, photography, video, e-commerce functionality, custom development, ongoing maintenance, and third-party subscription costs.

Any work outside the listed scope will be quoted separately and requires your written approval before it begins. Approved out-of-scope work is billed at the Company’s then-current rates and is subject to these Terms.

4. Pricing, Currency, and Payment

• All prices are in United States Dollars (USD) and all charges are processed in USD via Stripe.
• Your bank or card issuer may apply foreign transaction or currency conversion fees. These fees are your responsibility and are not charged by the Company.
• One-time services are payable in full at the time of purchase unless a payment schedule is stated on the order form.
• All invoices for out-of-scope work, add-ons, or third-party costs are due upon receipt.
• Prices are subject to change at any time. Price changes do not affect orders already paid, and changes to recurring service pricing will be communicated with at least 30 days’ notice before taking effect.

5. All Sales Final. No Refunds

All sales are final and non-refundable. Once your agreement is submitted and payment is processed, no refund, credit, or reversal will be issued for any reason, including but not limited to:

• A change of mind;
• A change in your business circumstances, including closure, sale, restructuring, or loss of funding;
• Delays caused by your failure to provide required materials, credentials, or approvals;
• Dissatisfaction with subjective design or creative decisions;
• Failure to use, launch, or benefit from the deliverables after they have been provided;
• Discontinuing a recurring service partway through a billing period.

By agreeing to these Terms, you expressly waive any right to demand a refund on the grounds listed above and acknowledge that the Company’s time, capacity, and third-party costs are committed to your project once payment is received.

6. Chargebacks

Initiating a chargeback or payment dispute for services rendered, in progress, or scheduled under these Terms constitutes a material breach of this agreement. In the event of a chargeback, the Company reserves the right to immediately suspend all services, revoke access to all deliverables, accounts, hosting, and licenses provided under this agreement, and pursue recovery of the disputed amount plus any dispute fees, administrative costs, and collection costs incurred. You agree that your electronic signature, order record, and payment record may be submitted as evidence in any chargeback dispute.

7. Recurring Services, Billing Authorization, and Cancellation

For recurring services (including SEO & AEO and Email Marketing), you authorize the Company to charge your payment method the tier amount every month until you cancel. This authorization remains in effect until cancellation is completed as described below.

• Cancellation notice: Cancellation requires 30 days’ written notice by email to hello@makeyourbizstandout.com. Notice given by phone, text, social media, or verbally is not valid.
• Effect of cancellation: The current billing period is not refundable. Service continues, and remains billable, through the end of the notice period. Amounts already charged are not refundable.
• Failed payments: If a recurring charge fails, we will attempt to process it again. A failed or returned payment may be subject to an administrative fee of $45 USD. Services may be suspended until the account is brought current.
• Reactivation: If a recurring service is cancelled and later reactivated, reactivation is at the Company’s discretion and at then-current pricing, which may differ from your previous tier amount.

8. Late Payments and Suspension of Services

Any invoice not paid within 7 days of the invoice date is considered late. Late balances are subject to a late fee of 2% per month on the outstanding amount. The Company reserves the right to suspend or withhold any services, including hosting, website access, workflows, campaigns, and active work, for any account that is not paid in full and on time. You remain responsible for all outstanding balances regardless of any suspension, and suspension does not pause recurring billing unless the service is formally cancelled under Section 7.

9. Client Responsibilities

You agree to provide all content, images, copy inputs, access credentials, and approvals reasonably required to complete the work. In addition, you agree that:

• You hold the legal rights to all materials you supply, including text, images, logos, video, testimonials, and data, and you grant the Company permission to use those materials to perform the services;
• You are responsible for the accuracy of all business information you provide, including legal claims, pricing, certifications, and regulatory statements appearing in your content;
• You will respond to requests for materials, feedback, and approvals within 5 business days unless a different timeline is agreed in writing;
• You are responsible for maintaining your own account access and passwords for any accounts registered in your name, and for keeping a record of credentials handed over to you.

You agree to indemnify and hold the Company harmless from any claim arising out of materials you supply, including claims of copyright or trademark infringement, defamation, or regulatory violation.

10. Timelines and Delays

Project timelines begin only when you have provided all required materials, credentials, and approvals. Any timeline communicated to you is an estimate, not a guarantee. Timelines are extended by any delay on your part, including late materials, late feedback, late approvals, or unavailability. Delays caused by you do not entitle you to a refund, credit, or discount.

Project dormancy: If a project sits inactive for 30 or more days because required materials, feedback, or approvals have not been received from you, the Company may place the project on hold. If the project remains inactive for 90 or more days, the Company may close the project, and any amounts paid remain non-refundable. Reopening a closed project may require a restart fee and rescheduling based on availability.

11. Revisions and Approvals

The number of revision rounds included in your service is limited to what is listed for your selected tier. Revisions beyond the included rounds, and changes requested after you have given approval on a phase or deliverable, are out of scope and will be quoted separately under Section 3. Your written approval of a phase or deliverable (including approval by email or through a project tool) is final for that phase.

12. Third-Party Platforms, Licenses, and Costs

Services may involve third-party platforms and products, which may include hosting providers, WordPress, page builder licenses, plugins, email platforms, payment processors, domain registrars, and analytics tools. You acknowledge that:

• Third-party platforms are governed by their own terms of service and privacy policies, which you are responsible for reviewing and accepting;
• The Company is not responsible for outages, pricing changes, feature changes, data loss, or discontinuation of any third-party platform;
• Any software license provided as part of your tier (for example, a page builder license included for a stated period) is provided only for the period stated for your tier. Continued use after that period, including renewal costs, is your responsibility;
• Ongoing third-party costs such as domain registration, hosting renewals, premium plugins, and email sending fees are your responsibility unless explicitly listed as included in your tier.

13. Intellectual Property

Upon full payment of all amounts owing, ownership of the final delivered work product created specifically for you (such as your website design and the written content produced for your project) transfers to you. Until full payment is received, all work product remains the property of the Company.

The following remain the property of the Company or their respective owners and do not transfer: the Company’s internal processes, templates, frameworks, tools, and know-how; third-party software, themes, plugins, stock assets, and licenses, which remain governed by their own license terms; and any pre-existing intellectual property of the Company incorporated into the deliverables, for which you receive a non-exclusive license to use as part of the delivered work.

14. Portfolio and Promotional Rights

You grant the Company the right to display the work produced for you, including your business name and screenshots of deliverables, in the Company’s portfolio, website, case studies, and marketing materials. If you require confidentiality for a project, you must request it in writing before work begins, and the Company will confirm in writing whether it can be accommodated.

15. No Guarantee of Results

Marketing outcomes depend on many factors outside the Company’s control, including search engine algorithms, AI platform behavior, advertising platforms, market conditions, competition, your pricing, your sales process, and your own responsiveness. Accordingly:

• The Company does not guarantee any specific ranking on any search engine, inclusion or citation in any AI-generated answer or engine, traffic level, open rate, deliverability rate, lead volume, conversion rate, or revenue outcome;
• References to past results, statistics, or examples are illustrative and are not a promise of similar results for your business;
• You are purchasing professional services performed with reasonable skill and care, not a guaranteed business outcome.

16. Post-Delivery Responsibility

The Company is responsible for the work as delivered and as described for your selected tier. Once deliverables are completed and handed off, the Company is not responsible for any subsequent edits, additions, updates, or actions taken by you or any third party, or for any resulting errors, downtime, data loss, security incidents, or loss of performance. Any work required to diagnose or correct issues caused by changes made by you or a third party will be quoted and billed separately.

17. Confidentiality

Each party agrees to keep confidential any non-public business information received from the other in connection with the services, and to use it only for the purpose of performing or receiving the services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

18. Limitation of Liability

To the maximum extent permitted by law, the Company’s total liability arising out of or relating to these Terms or the services, whether in contract, tort, or otherwise, is limited to the total amount you paid to the Company for the specific service giving rise to the claim in the 3 months preceding the event. The Company is not liable for any indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost revenue, lost data, or loss of business opportunity, even if advised of the possibility of such damages. Nothing in these Terms limits liability that cannot be limited under applicable law.

19. Termination by the Company

The Company may suspend or terminate services, without refund, if you materially breach these Terms, including non-payment, initiating a chargeback, supplying infringing or unlawful materials, or engaging in abusive, threatening, or harassing conduct toward Company personnel. The Company may also decline or discontinue an engagement where completing it would require the Company to act unlawfully or unethically; in that specific case, any prepaid amounts for work not yet performed will be addressed in good faith.

20. Collection Costs

If the Company must take steps to recover an overdue balance, you are responsible for all reasonable collection costs, administrative costs, and legal fees incurred in recovering that balance, in addition to the balance itself and any accrued late fees.

21. Force Majeure

The Company is not liable for delays or failures in performance caused by events beyond its reasonable control, including natural disasters, power or internet outages, third-party platform failures, labor disruptions, government actions, epidemics, or acts of war. Timelines are extended by the duration of any such event.

22. Privacy

The Company collects, stores, and processes the personal and business information you provide for the purposes of delivering the services, billing, communication, and legal compliance. Payment information is processed by Stripe and is not stored by the Company. For full details, see the Company’s Privacy Policy, which forms part of these Terms.

23. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. The parties agree to first attempt in good faith to resolve any dispute through direct discussion. Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the courts of the Province of Ontario, and you consent to the jurisdiction of those courts.

24. General Terms

• Entire agreement: These Terms, together with your order form, the deliverables listed for your selected tier on the Company’s website at the time of purchase, and the Privacy Policy, constitute the entire agreement between you and the Company and supersede all prior discussions and understandings relating to the services.
• Amendments: The Company may update these Terms from time to time. The version in effect on the date of your purchase governs that purchase. For recurring services, updated Terms take effect at the start of the next billing period following notice.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
• No waiver: The Company’s failure to enforce any provision is not a waiver of its right to enforce it later.
• Assignment: You may not assign this agreement without the Company’s written consent. The Company may assign this agreement in connection with a sale or reorganization of its business.
• Notices: Formal notices to the Company must be sent by email to hello@makeyourbizstandout.com. Notices to you will be sent to the email address on your order form. You are responsible for keeping that address current.

25. Acknowledgment

By entering your full legal name on the order form and submitting it with payment, you acknowledge and agree that:

• You have read and understood these Terms in full;
• You are authorized to bind the business named on the form and are at least 18 years of age;
• Your purchase covers only the deliverables explicitly listed for your selected tier;
• All sales are final and non-refundable, and you will not initiate a chargeback;
• For recurring services, you authorize monthly billing until cancelled with 30 days’ written notice;
• All charges are processed in USD, and any bank conversion fees are your responsibility;
• Your electronic signature is legally binding.