Grandway Marketing Terms & Conditions
1. General Terms
1.1 Acceptance of Terms
By signing a Service Agreement, approving a Scope of Work, paying an invoice, or using Grandway Marketing services, you agree to these Terms and Conditions. If you do not accept these terms, do not use our services.
1.2 Scope of Services
Grandway Marketing is responsible only for the services, deliverables, and functionality expressly included in the applicable Service Agreement, Scope of Work, or invoice. Any services, features, monitoring, maintenance, or other responsibilities not expressly included are outside the scope of our services.
1.3 Intellectual Property
All materials created by Grandway Marketing remain our property until payment has been made in full. Upon full payment, you receive the rights to use the completed materials for your business. Third-party materials, software, licences, and services remain subject to their respective terms and ownership. Grandway Marketing retains the right to showcase completed work in our portfolio and marketing materials.
1.4 Limitation of Liability
To the maximum extent permitted by law, Grandway Marketing will not be liable for any loss of revenue, profit, business opportunity, goodwill, anticipated savings, or data, or for any indirect, incidental, special, or consequential damages arising from or related to our services, whether in contract, tort (including negligence), or otherwise.
If Grandway Marketing is found liable despite the foregoing, our total aggregate liability for all claims arising from or related to the services will not exceed the total amount paid to Grandway Marketing for the specific services giving rise to the claim.
1.5 Indemnity
You agree to indemnify and hold harmless Grandway Marketing from third-party claims, damages, losses, costs, or expenses arising from materials or instructions you provide, your products or services, your business activities, your violation of applicable law, or your breach of these terms.
1.6 Client Responsibilities
You are responsible for reviewing your website, campaigns, and other completed work and promptly notifying Grandway Marketing of any known or suspected issue. You are also responsible for monitoring your business communications and systems, including website inquiries, email accounts, telephone numbers, booking systems, and other lead or communication channels relevant to your business.
You agree to take reasonable steps to prevent or minimize losses after becoming aware of an issue.
1.7 Third-Party Services & Technology
Websites, software, hosting, plugins, email, forms, APIs, advertising platforms, search engines, and other third-party services may experience interruptions, errors, security issues, compatibility issues, or changes beyond our reasonable control. Grandway Marketing does not guarantee uninterrupted, error-free, or completely secure operation of these systems and is not responsible for failures caused by third-party services or circumstances outside our reasonable control.
Unless expressly included in your Scope of Work, Grandway Marketing does not provide continuous monitoring of your website, forms, email delivery, integrations, or other systems and does not guarantee or assume responsibility for the receipt, delivery, retention, or storage of any inquiry, lead, message, or communication.
1.8 Guarantees
Grandway Marketing does not guarantee any particular business, financial, marketing, technical, search ranking, advertising, or other result. Results may depend on factors outside our control.
1.9 Events Outside Our Control
Grandway Marketing is not responsible for delays or failure to perform caused by events beyond our reasonable control, including outages, cyber incidents, failures of third-party services, internet or telecommunications failures, natural disasters, government actions, or other events that could not reasonably be prevented.
1.10 Termination
Grandway Marketing may suspend or terminate services if payment is not made on time, if you breach these terms, or where continuing the services would be unlawful, unsafe, or commercially unreasonable. Client cancellation rights and notice requirements are as stated in the applicable Scope of Work or service terms.
1.11 Governing Law
These Terms and Conditions are governed by the laws of Nova Scotia and the applicable laws of Canada. The parties submit to the exclusive jurisdiction of the courts of Nova Scotia.
1.12 Entire Agreement
These Terms and Conditions, together with the signed Service Agreement, applicable Scope of Work, and invoices, constitute the entire agreement between the parties regarding the services and supersede all prior proposals, representations, discussions, and understandings relating to those services. Except for updates to these Terms and Conditions made in accordance with Section 1.15, any amendment to the Service Agreement or Scope of Work must be agreed to in writing. If there is a conflict, the signed Service Agreement or Scope of Work will prevail over these Terms and Conditions, and these Terms and Conditions will prevail over an invoice, unless expressly agreed otherwise in writing.
1.13 Dispute Resolution
Both parties agree to attempt to resolve disputes in good faith before pursuing legal action and may agree to mediation where appropriate.
1.14 Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
1.15 Changes to Terms
Grandway Marketing may update these Terms and Conditions from time to time to reflect changes to our services, business practices, technology, or legal requirements. Updated terms will be posted on our website with an effective date. Where an update materially affects an existing client's rights or obligations, Grandway Marketing will provide reasonable notice before the change applies to ongoing services.
2. Web Design & Development Terms
2.1 Project Scope & Payment
Projects are billed at 100% in advance unless otherwise agreed to a 50/50 payment schedule or monthly payment plan, as outlined in the applicable Scope of Work or invoice.
Only services and deliverables expressly included in the Scope of Work are included in the project. Additional work or changes outside the agreed scope may be quoted separately or billed at our standard hourly rate.
2.2 Client Responsibilities
The client agrees to provide necessary materials, access, information, and approvals in a timely manner.
The client is responsible for reviewing and approving the completed website, including its content, links, contact information, forms, and functionality, and for promptly notifying Grandway Marketing of any suspected issue.
2.3 Timeline and Delays
Delays in providing required materials or approvals for more than 14 days may result in project rescheduling. Delays over 28 days may result in project suspension or rescheduling. Any amounts already due remain payable, and additional fees may apply if substantial additional work is required to restart the project.
Delays over 90 days without communication may result in Grandway Marketing closing the project as abandoned. Amounts already paid are non-refundable, and any amounts already due remain payable. Restarting an abandoned project may require a new Scope of Work and additional fees.
Project timelines are estimates unless expressly stated otherwise in writing. Grandway Marketing is not responsible for delays caused by the client, third parties, or circumstances outside our reasonable control.
2.4 Revisions
Your package includes the number of revision rounds outlined in your Scope of Work or invoice. Additional revisions or work outside the agreed scope will be billed at our standard hourly rate, currently $120/hour, unless otherwise specified.
2.5 Browser & Device Compatibility
We test websites on current versions of major modern browsers and common screen sizes. We cannot guarantee identical appearance or functionality across every browser, device, operating system, or future software version.
2.6 Website Launch & Maintenance
Once a website has been approved and launched, the web development project is considered complete.
Unless you purchase an ongoing maintenance service from Grandway Marketing, responsibility for the website's ongoing maintenance, monitoring, backups, security, software, hosting, and operation rests with the client or its chosen service providers.
2.7 Portfolio Use
Grandway Marketing may showcase completed website projects, including screenshots, designs, and website links, in our portfolio, social media, and marketing materials. If you wish to request exclusion from our portfolio, please notify us in writing.
3. Web Maintenance Terms
3.1 Scope of Service
Maintenance plans may include hosting, software updates, monitoring, backups, and technical support, as outlined in the applicable Scope of Work or invoice.
Services are provided using commercially reasonable efforts. Websites and related technology can experience outages, errors, security incidents, compatibility issues, and other failures, and uninterrupted, error-free, or completely secure operation is not guaranteed.
3.2 Scope of Monitoring
Unless expressly stated in the applicable Scope of Work, maintenance does not include continuous monitoring or testing of individual website forms, email delivery, third-party integrations, booking systems, e-commerce systems, or other business communications.
The client remains responsible for monitoring incoming inquiries and business systems and promptly notifying Grandway Marketing of suspected issues.
3.3 Contract Terms
Maintenance plans are provided under a one-year term and renew automatically for successive one-year terms unless either party provides at least 30 days' written notice before the end of the then-current term, unless otherwise specified in the Scope of Work.
Notice of non-renewal does not terminate the current term early, and fees owing for the current term remain payable.
3.4 Third-Party Services
Grandway Marketing is not responsible for downtime, failures, delays, data loss, or other losses caused by third-party platforms, providers, software, services, malicious activity, or circumstances outside our reasonable control.
4. SEO Terms
4.1 Scope of Service
We provide SEO services intended to improve search visibility. Search engines are controlled by third parties and frequently change their algorithms, systems, and policies. We therefore do not guarantee specific rankings, traffic, leads, or other results.
4.2 Contract Terms
SEO services are provided under the six-month or one-year term stated in the applicable Scope of Work and renew automatically for successive terms unless cancelled with at least 30 days' written notice before renewal.
Notice of non-renewal does not terminate the current term early, and fees owing for the current term remain payable.
4.3 Client Responsibilities
You agree to provide necessary website access, information, approvals, and reasonable cooperation required to perform the services.
4.4 Third-Party Changes
Grandway Marketing is not responsible for ranking, traffic, or performance changes caused by search engine updates, competitors, website changes made by others, penalties, third-party platforms, or other circumstances outside our reasonable control.
5. PPC (Google Ads) Terms
5.1 Scope of Service
We manage advertising campaigns intended to increase relevant website traffic, inquiries, or other campaign objectives. Advertising platforms and user behaviour are outside our control, and we do not guarantee specific traffic, leads, sales, conversion costs, or other results.
5.2 Contract Terms
PPC services are provided under the six-month or one-year term stated in the applicable Scope of Work and renew automatically for successive terms unless cancelled with at least 30 days' written notice before renewal.
Notice of non-renewal does not terminate the current term early, and fees owing for the current term remain payable.
5.3 Client Responsibilities
You agree to provide timely approvals, accurate business information, required access, and reasonable cooperation necessary for campaign management.
5.4 Advertising Platforms
Advertising spend is separate from Grandway Marketing's management fees unless expressly stated otherwise. Grandway Marketing is not responsible for platform outages, suspensions, policy changes, tracking discrepancies, invalid traffic, or other actions or failures of third-party advertising platforms outside our reasonable control.
6. Payment Terms
6.1 Payment Methods
Monthly services require an automatic payment method on file.
Annual services and projects may be paid by credit card, e-transfer, direct deposit, or another payment method approved by Grandway Marketing.
6.2 Late Payments
Failure to pay an invoice within 30 days of its due date may result in suspension or termination of services.
Grandway Marketing is not responsible for any loss, interruption, or data loss resulting from a suspension or termination for non-payment.
6.3 Refund Policy
Due to the nature of our services and the time and resources reserved to perform them, payments for completed or partially completed work are non-refundable except where otherwise expressly agreed in writing.