TERMS AND CONDITIONS
UPDATED JANUARY 9th, 2025
Terms & Conditions for Jeff Social Marketing
1. Acceptance of Terms
By accessing and using the services of Jeff Social Marketing (“JSM”), you agree to the following Terms and Conditions (“Terms”). If you do not agree to these Terms, you should not use JSM’s services or website. JSM reserves the right to update and amend these Terms at any time without prior notice. It is your responsibility to review these Terms regularly.
2. Scope of Services
JSM provides website design and development, e-commerce development, SEO, social media marketing, reputation management, pay-per-click advertising, and press release distribution services. Any additional services provided will be subject to separate written agreements between the client (“you”) and JSM.
3. Ownership and Intellectual Property
All website designs, marketing content, branding, and other digital assets created by JSM remain the intellectual property of JSM until full payment is received. Once payment is made, you are granted a limited, non-exclusive license to use the materials for your business purposes only.
Website Design Edits:
You agree that you will not alter, modify, or otherwise edit the website design or underlying code without the prior written consent of JSM. Unauthorized edits or changes that compromise the website’s functionality or security will void any warranties or support agreements, and JSM reserves the right to charge for any repairs required due to unauthorized alterations. Should support be required as a result of unauthorized edits, a support fee of $50 per hour will apply for any repairs or restoration necessary to return the website to its original state.
4. Annual Software Updates Fee
For any website developed by JSM, an annual software update and maintenance fee of $100 per year will apply. This covers essential security patches, WordPress updates, and general software maintenance. This fee does not cover major platform upgrades, new feature development, or any additional customization requests.
5. Exclusive Marketing Agreement
During the term of our contract, you agree to work solely with JSM for digital marketing services (SEO, social media marketing, reputation management, pay-per-click advertising, etc.) unless explicitly permitted in writing by JSM. If you engage another marketing service provider without JSM’s approval, JSM reserves the right to terminate the contract and seek compensation for any losses or damages incurred.
6. SEO (Search Engine Optimization)
When utilizing JSM’s SEO services, clients acknowledge that SEO is a long-term strategy and results may take several months to materialize. While JSM will make every effort to improve search engine rankings, we cannot guarantee specific rankings or outcomes, as search algorithms are controlled by third-party platforms such as Google, and are subject to frequent changes. JSM will not be liable for any penalties imposed by search engines due to algorithm changes, poor website performance, or client interference with SEO strategies after implementation.
7. SEO Audit
Our SEO Audit provides a detailed analysis of your website’s performance, offering insights and recommendations based on industry best practices. By requesting this service, you agree to provide accurate and relevant information. While we strive to deliver accurate results, we do not guarantee specific outcomes and are not liable for any damages resulting from the audit or its recommendations. For details on how we handle your data, please review our Privacy Policy or contact us at privacy@jeffsocialmarketing.com.
8. Social Media Marketing
For JSM’s social media marketing services, clients must provide timely access to their accounts and approve content before posting. Any revisions after approval may incur additional fees. Clients agree not to alter or remove JSM-created content without consultation, as it may affect performance. While JSM will report on campaign results, we cannot guarantee specific outcomes like engagement, follower growth, or conversions due to factors such as platform algorithms and audience behavior.
9. PPC Advertising (Pay-Per-Click)
For PPC (Pay-Per-Click) advertising services, clients are responsible for setting an appropriate budget for their campaigns, as JSM is not liable for results if insufficient funds are allocated. Clients are also responsible for any fees charged by third-party platforms such as Google Ads or Facebook Ads, which are separate from JSM’s service fees. JSM will provide regular performance reports, though specific results such as conversions or click-through rates cannot be guaranteed due to factors beyond our control, such as competitor bidding and platform algorithms.
10. Press Release Distribution
JSM’s press release distribution services require clients to approve the content before distribution, with JSM not being held liable for errors after approval. Press releases are distributed through third-party networks, and while we strive for maximum reach, specific placements and media coverage cannot be guaranteed, as they are subject to the discretion of the media outlets and package options selected by the client. Clients must provide accurate information for press releases, and JSM reserves the right to refuse distribution of misleading or unlawful content. Additionally, we cannot guarantee that media outlets will publish the press release once distributed.
11. Press Release Writing
For the Press Release Writing Services, the client agrees to provide accurate, complete, and timely information required for the creation of the press release. Jeff Social Marketing (JSM) is not responsible for any factual inaccuracies, omissions, or misleading statements provided by the client. The client is also responsible for reviewing drafts promptly and providing feedback within 3 business days to ensure timely delivery. JSM will make revisions based on the client’s feedback but is not liable for any consequences arising from the distribution or publication of the press release.
12. Negative Review Removals
For negative review removal and reputation management services, JSM only engages in legal methods to remove or suppress reviews that violate the terms of platforms like Google or Yelp. While we will make every effort to remove illegitimate reviews, we cannot guarantee success, as the final decision rests with the platform. Clients must provide accurate details and supporting evidence for their review removal requests. In cases where reviews cannot be removed, JSM may provide advice on how to respond to minimize reputational damage.
13. Website Security Audit Terms
Our Website Security Audit service includes two options: the Basic Package, which evaluates your website’s security using external tools, and the Advanced Package, which involves internal scans and additional activities such as SSL installation and DNS record updates. By selecting the Advanced Package, you agree to provide necessary access credentials and authorize any required changes.
While we use industry-standard methods to identify and address vulnerabilities, we do not guarantee all issues will be detected or that your website will remain secure against future threats. We are not liable for any disruptions, data loss, or downtime during or after the audit, though we take every precaution to minimize risks. For details on data handling, please review our Privacy Policy or contact us at privacy@jeffsocialmarketing.com.
14. Client Responsibilities and Compliance
As the client, you are responsible for providing all necessary materials, information, and access to resources needed for JSM to complete the services, including but not limited to logos, brand guidelines, website credentials, and hosting access.
Compliance with the Law:
You agree to comply with all applicable laws, rules, and regulations, including but not limited to advertising, data protection, consumer protection, and intellectual property laws. JSM may request documentation or proof of compliance, and you agree to provide any necessary documents as required by law or by JSM. Non-compliance with legal requirements or failure to provide proof of compliance will result in the suspension of services until such proof is provided.
15. Misrepresentation and Unauthorized Access to Information
Any individual or business found misrepresenting themselves as a customer or client to obtain information about our services, pricing, or proprietary business details under false pretenses is strictly prohibited. Such actions may result in legal action, including claims for damages or misrepresentation under applicable laws in Ontario.
16. Support Tickets for Sensitive Information
When requesting changes related to sensitive information (including, but not limited to, website credentials, payment information, or personal data), clients are required to submit these requests through the official support ticket system. This ensures proper documentation and security. JSM reserves the right to deny any requests for sensitive information changes that are not submitted via the support ticket system.
Failure to follow this protocol may result in delays or refusal of service until proper procedures are followed.
17. Access to Accounts and Credentials
Any request for access to a website, social media account, or other accounts must be made with explicit permission from the account holder or authorized representative. Jeff Social Marketing (JSM) will only process such requests if proper authorization is provided. All requests for account credentials (usernames, passwords, or other sensitive information) should be submitted through the official support ticket system. JSM reserves the right to decline requests if proper authorization is not verified, and any credentials or sensitive information provided will be handled with the utmost care and confidentiality for the purpose of fulfilling the agreed-upon services.
18. Termination and Refund Policy
JSM reserves the right to terminate services for any client who fails to meet the obligations outlined in these Terms, including but not limited to the unauthorized modification of designs, non-payment of fees, or breach of the exclusive marketing agreement.
Refunds:
There are no refunds for deposits or services 30 days after payment. Refunds are provided solely at the discretion of JSM and will only be considered for services not yet rendered. If work has commenced or is completed, no refunds will be issued. Additionally, no refunds will be provided for press releases once JSM has paid for their distribution, nor for SEO audits or security audits under any circumstances. If a payment is processed, the client is liable for any transaction fees incurred from credit card payments or transfer refunds.
19. Confidentiality and Non-Disclosure
Both JSM and you agree to keep confidential any proprietary information shared during the course of the service agreement, including trade secrets, business strategies, client lists, and other sensitive information. This confidentiality obligation will continue indefinitely, even after the termination of the contract.
20. Security and Monitoring
For security purposes, JSM may implement video and audio monitoring in its office. This includes monitoring of client interactions and any other necessary procedures to protect company interests. All data collected through monitoring will be handled in accordance with our privacy policy and applicable laws.
21. Liability and Indemnification
JSM is not liable for any losses, damages, or expenses resulting from errors, omissions, or delays caused by factors outside of our control, including but not limited to third-party software failures, hosting downtime, or hacking incidents.
You agree to indemnify and hold JSM harmless from any claims, damages, or legal fees arising out of any content you provide, including infringement of intellectual property rights, or any breach of these Terms.
22. Payments
JSM accepts payment via credit card, PayPal, e-Transfer, cheque, Visa debit, and cash. By providing payment details, you authorize JSM to charge for the services provided. If payment violates any laws or these Terms, JSM reserves the right to cancel the transaction.
23. Payments by Cheque
Payments made by cheque are subject to specific conditions. If a cheque is sent by mail, clients should be aware that it might take longer than expected to arrive, and Jeff Social Marketing (JSM) is not responsible for any delays caused by the postal service. Payments are considered complete only after the cheque has cleared, and JSM is not liable for the wait time associated with the clearance process or for any errors on the cheque, such as incorrect information or insufficient funds. Any fees incurred due to bounced or invalid cheques will be charged to the client. Late payments resulting from mailing or clearance delays may lead to suspension or termination of services. Clients are strongly encouraged to send cheques well in advance to meet payment deadlines and avoid service disruptions.
24. Payment Terms
All invoices are due within 14 days unless otherwise agreed in writing. Late payments may incur a 5% monthly interest fee. For any service provided, a 50% deposit is required before the commencement of work, with the remaining balance due upon project completion.
25. Third-Party Goods and Services
The Site may offer goods and services from third parties. JSM does not guarantee the quality or accuracy of third-party products. Any use of third-party products is at your own risk.
26. Dispute Resolution
In the event of a dispute between you and JSM, both parties agree to seek resolution through mediation before pursuing any legal action. If mediation fails, disputes will be settled in the courts of Ontario, Canada.
27. Governing Law
These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
28. Entire Agreement
These Terms, along with any written agreements, constitute the entire agreement between you and JSM concerning the services provided. Any modifications to these Terms must be in writing and agreed upon by both parties.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(647) 901-8276
Website Contact Form
20 Eglinton Ave E Suite 393, Toronto, ON M4P 1A9
You can also contact us through the feedback form available on our Site.
