DM Terms & Conditions

Terms & Conditions (Canada)

Last updated: June 1, 2020
By placing an order with Markage (“we”, “us”, “our”), you (the “Client”) agree to these Terms & Conditions.

1) Services we provide

We create and deliver creative content as listed on our site, including:

[DM1] Social Media Posts (static single-image posts with captions/hashtags)
[DM2] Social Media Reels & Carousels (short-form videos or multi-image posts)
[DM3] Email, Newsletter Campaign Design (responsive campaign design)
[DM4] Article, Blog Production (800–1,000 words, search-friendly)

Add-ons (e.g., extra social channels, ESP upload/sending via Zoho, CMS upload) are available if selected. The services in each order are described on the page at the time you purchase.

2) How our month-to-month model works

No subscription by default. Purchases are month to month with no auto-renewal.
Optional subscription. If you request a subscription, we will confirm the term, billing cadence, and cancellation method in writing.
Start of work. Work begins after payment and completion of the intake (brief/questionnaire and requested access).
One round of edits per monthly batch. After you receive the month’s deliverables, you may request one consolidated round of reasonable edits per batch.

3) Pricing, currency, and taxes

Prices are shown in Canadian dollars (CAD), plus applicable taxes (GST/HST/PST as applicable to your billing address).
Fees are payable in advance. Orders are not scheduled until payment clears.
Any third-party platform fees (e.g., stock media, paid fonts, premium plug-ins) are not included unless we state otherwise in your order.

4) What’s included (scope of each service)

We follow the scopes published on the page at the time of purchase. For clarity:

DM1 covers single-image/static posts with captions/hashtags for one social channel. Extra channels can be added as an add-on.
DM2 covers one reel or one carousel per item, light motion/graphics, and platform-ready exports.
DM3 covers one campaign per item (subject line, preheader, layout/design).
DM4 covers one article (800–1,000 words) per item, with a structured outline, basic SEO elements, and unlimited image generation for blog use.
Unless your order says otherwise, media buying, ad-platform set-up, UGC capture, filming, list growth, deliverability projects, automation builds, technical SEO, backlinks/PR, and multi-language variants are not included.

5) Scheduling, calendars, and approvals

Calendar is illustrative. The on-page 30-day calendar is an example of distribution. Final dates are agreed during onboarding.
Approval makes the work final. When you approve a deliverable, it is considered final. Further changes are a new item or scope extension.
Timely feedback. To keep your plan on track, please provide feedback or approval within 7 calendar days of delivery. If we do not hear from you within 30 days, we may mark the batch as approved and archive the files (see Section 10).

6) Third-party platforms

We work with external platforms (e.g., social networks, ESPs, CMSs). We cannot control their outages, policy changes, connection issues, or credential changes.
If a platform connection cannot be established, we will supply approved assets for you to post/send manually. This does not create a refund right (see Section 9).

7) Add-ons and posting

Extra social channels: base includes posting to one channel; you may add channels at the per-channel rate listed on the page.
Posting/scheduling: where offered, we can schedule after your approval. If posting is not possible due to access issues or platform outages, we will hand off files for you to post.

8) Client responsibilities and warranties

You confirm that:

You have the right to provide all materials (logos, copy, images, video, brand assets) and that our use will not infringe anyone’s rights.
Materials you provide comply with applicable laws and platform rules.
You will give clear direction and timely feedback to allow us to deliver as planned.

9) Refunds, credits, and chargebacks

All services are non-refundable. These are custom, digital deliverables produced with professional time and effort.
If we make a material error that we reasonably agree is our responsibility, we may, at our discretion, provide a correction or a credit.
Chargebacks. If you dispute a valid charge without contacting us first, we may suspend services and invoice you for the disputed amount and any related fees.

10) File delivery and retention

We deliver files in standard, commonly used formats (e.g., PNG/JPG/MP4/HTML/GDoc/Docx).
We retain deliverables for up to three (3) months after delivery. Please download and store your files; we cannot guarantee availability beyond this window.

11) Intellectual property and portfolio use

Pre-existing IP. Each party retains ownership of its pre-existing materials and tools.
Third-party assets. Licences for third-party assets (e.g., stock music, images, fonts) are subject to their supplier terms. We will not transfer rights we do not own.
Deliverables. Upon full payment, we grant you a perpetual, worldwide, royalty-free licence to use the final approved deliverables for your business marketing.
Showcasing work. We may display non-confidential snippets (e.g., your logo, published screens) in our portfolio and marketing. If you do not wish this, tell us in writing before delivery.

12) Privacy and confidentiality

We handle personal information in accordance with PIPEDA and applicable provincial privacy laws. Our Privacy Policy explains how we collect, use, and safeguard information.
We keep your confidential information in confidence and use it only to provide the services. We may share it with staff or subcontractors who need to know and who are bound by similar obligations.
We may disclose information if required by law or court order.

13) Warranties and disclaimers

We provide services using reasonable skill and care.
We do not guarantee specific performance outcomes (e.g., sales, engagement, rankings, deliverability, or growth), as results depend on many factors outside our control.
Except as expressly stated, the services are provided “as is” and “as available.”

14) Limitation of liability

To the fullest extent permitted by law:

We are not liable for any indirect, consequential, incidental, special, or punitive damages.
Our total liability arising from or related to the services is capped at the fees you paid to us for the one (1) month immediately before the claim.

15) 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 conflicts of law.
You agree to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario.
Before commencing proceedings, both parties will attempt in good faith to resolve the issue within 30 days of written notice.

16) Force majeure

We are not responsible for delays or failures caused by events beyond our reasonable control (e.g., outages, cyber incidents, labour actions, natural events, government actions).

17) Changes to Terms and to services

We may update these Terms and service descriptions from time to time. Changes apply prospectively and are posted on our site with a revised “Last updated” date.

18) Communications and notices

Our primary contact method is email (and scheduled calls for onboarding or review where noted). Formal notices may be sent to:

Markage: connect@markage.ca
Client: the email and mailing address provided at checkout or later updated in writing.

19) Entire agreement and severability

These Terms, together with your order details and any written addenda we both sign, form the entire agreement. If any provision is held invalid, the rest remains in effect.

Billing statement for customer display (pair this with your legal Terms)

Purchases are month to month with no auto-renewal. Subscription plans are available—contact us for details. By ordering, you agree to our Terms & Conditions and Refund Policy. All services are non-refundable. Billed in Canadian dollars (CAD), plus applicable taxes.