Terms of Service
Marwick Marketing is the trading name Marwick Marketing Inc. (BC0958543), registered in British Columbia, Canada.
In consideration of “Customer” retaining Marwick Marketing Inc. to manage and optimize its online marketing (SEO, SEM, Social and/or Web) for the Customer, it is agreed as follows:
Warranties by Marwick Marketing Inc.
Marwick Marketing Inc. represents and warrants to the Customer that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party or violate any federal, provincial and municipal laws. The Customer shall provide requisite training for additional products or services required by this Agreement which are not within Marwick Marketing Inc. area of expertise.
We aim to reply to all calls and emails within the same business day.
Marwick Marketing Inc. acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. Marwick Marketing Inc. shall not enter into any contract or commitment on behalf of the Customer. Marwick Marketing Inc. further acknowledges that it is not considered an affiliate or subsidiary of Customer, and is not entitled to any Customer employment rights or benefits. It is expressly understood that this undertaking is not a joint venture.
Marwick Marketing Inc. recognizes and acknowledges that this Agreement creates a confidential relationship between Marwick Marketing Inc. and Customer and that information concerning Customer’s business affairs, Customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Customer is hereinafter collectively referred to as “Confidential Information.” Marwick Marketing Inc. agrees to follow Customer Information Security procedures and otherwise take all reasonable precautions for the protection of Confidential Information.
Marwick Marketing Inc. agrees that, except as directed by Customer, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement, it will turn over to Customer all documents, papers, and other matter in its possession or control that relate to Customer. Marwick Marketing Inc. further agrees to bind its employees and subcontractors to the terms and conditions of this Agreement.
Marwick Marketing Inc. agrees that its work product produced in the performance of this Agreement shall remain the exclusive property of Customer and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without Customer’s prior written consent. Any rights granted to Marwick Marketing Inc. under this Agreement shall not affect the Customer’s exclusive ownership of the work product.
Marwick Marketing Inc. shall comply with all office rules and regulations, including security requirements, when on Customer premises.
SEO, PPC and SMM reporting is provided within the first week of a new month for the full previous month via e-mail. In some instances, we will provide access to your own dashboard.
Invoicing and Payment
The customer undertakes to pay the fees due pursuant to this Agreement upon the start date for the month ahead.You will receive a sales receipt with the corresponding amount processed on your credit card from our accounting software. All prices are in Canadian Dollars and subject to 5% GST unless otherwise discussed and in writing.
If the card payment is declined we will try to process the payment three times during the following week, thereafter notifying you of the situation if declining continues. Marwick has the right to pause services until payment is received when a customer fails to pay within 30 days of the payment due date.
In the event of termination of this Agreement, Customer shall pay all Fees for services already performed and contracted for and are subject to our cancellation policy.
Specific to Website Design and Development
Copyright and Ownership
Except for the retained rights described in the paragraph below, all services provided and all materials Marwick Marketing produces on your behalf will become your property upon full payment of our invoices.
Marwick Marketing retains the right to:
- use work produced for the Customer as part of its portfolio materials in both its online and offline portfolios;
- add your firm to our Customer list; and
- use your work in design competitions, publications, exhibitions, or other promotional purposes.
Any material or ideas prepared or submitted to you that you choose not to produce or for which you have not paid our invoices, within 60 days of submission to you, will remain Marwick Marketingʼs property (regardless of whether the physical embodiment of creative work is in your possession in the form of copy, artwork, plates, recordings, films, tapes, etc.) and may be submitted to other Customers for their use, provided that such submission or use does not involve the release of any confidential information regarding your business or methods of operation.
Out Of Scope Work
Additions to the project scope will be billed on a time and materials basis at our hourly rate of $225 per hour. Such charges shall be in addition to all other amounts payable under this contract, despite any maximum budget, contract price or final price identified. Additions to the project scope will impact the delivery schedule and timelines previously identified.
Schedules or time estimates are subject to change upon notification in writing by either party. Unless otherwise stated, the amount of written notice to be given by either party shall be two weeks.
Fees & Alterations
Any revisions, additions, or alterations to the project modifying the terms of the agreement as the Services to be performed and not included in any fee specified, shall be billed as additional services. Such additional services shall include, but shall not be limited to, changes in the extent of work, changes in the complexity of any elements of the project, and any changes made after approval has been given for a specific stage of design, documentation, or preparation of artwork.
Specific to website design; If the content is provided in a non-digital format (paper printouts, flyers and other non-digital formats), clients will be charged at an hourly rate of $225/hour for our team to copy the information into an electronic document, before passing it to the dedicated website developer.
Rushed or Prolonged Work
Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or additional fees and expenses incurred during a project due to Customer delays or extensions shall be charged and paid for at an additional rate of 50% of Marwick Marketingʼs hourly rate. If Marwick Marketing is waiting on material or approval for more than 30 days on an ongoing project, we reserve the right to invoice the remaining of the project’s cost or, at minimum, the work completed at this stage.
The Customer will appoint a single representative of the Customer with full authority to provide the necessary information required by Marwick Marketing and to provide approvals.
The Customer will be required to proofread and approve all elements of the final designs. Approval must be provided before production can continue and artwork is released. Corrections, if required, will be identified on proofs, artwork, facsimiles, or digital proofs and submitted for Marwick Marketing to revise and resubmit for Customer approval. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorized by the Customer to approve artwork for release and production.
Email authorization from you will constitute authorization and approval.
Quality of Source Materials Provided by the Customer
Additional charges will apply when materials are submitted by the Customer in a form that prevents them from being readily used and applied at recognized professional standards. An example would be to recreate a low-resolution logo image file into a vector file.
In those instances where the Customer assumes responsibility for production, printed proofs, copies, prototypes and mock-ups must be approved by Marwick Marketing prior to use. Marwick Marketing shall be available at reasonable times to provide advice during the production period and for approval of minor modifications of the project (hourly rates will apply).
The Customer agrees that Marwick Marketing is entitled to claim authorship of the design and will be permitted editorial credits to Marwick Marketing on all published or manufactured work. The Customer must obtain Marwick Marketingʼs consent in writing before Marwick Marketingʼs name is reproduced in any finished product or other published material by the Customer.
Fixing A Hacked Website
A website can get hacked at any time, for any reason. While we provide marketing solutions for your website we do not provide support should your website be hacked or go offline within the scope of any marketing campaign provided by Marwick Marketing. However, we understand that we can provide the fastest response in helping you get your website back online and have the team in-house to help clean the website for malware, viruses, and infections. As such, we can provide this service to our clients based on an hourly rate of $225 plus GST. We will provide you with an approximate cost to fix the website, and as a client, you are welcome to hire us or anyone else. The amount due is added to your next monthly invoice.
Our clients must be spending a minimum of $5,000 a month on their SEO or PPC campaigns in order to request provincial exclusivity and $7,500 for national exclusivity. If we have two or more companies competing for the same regions and services/products, we will assign different staff members to their campaigns avoiding any conflict of interest.
Specific To Search Engine Optimization
Over the last ten years, we have developed a proven process to optimize websites on-site and off-site. This process is made up of tasks our team performs each month to achieve a higher organic search ranking. By signing this agreement you acknowledge that some factors may hinder the increase in organic search rankings;
- If past SEO consultants, SEO companies or staff have performed black hat SEO or practiced poor SEO tactics
- If the website has been penalized by Google
- If the website is blacklisted by (but not limited to) Google, Yahoo, Norton Safe Web, McAfee SiteAdvisor or Bing
- If my website has ever been subject to, or becomes subject to during the term of contract; trojan horses, phishing schemes, pharma hacks, email or information scraping
If we find anything that may impede our progress with our SEO process we will suggest solutions to fix the issue. These solutions may fall outside of our proven SEO process and will be treated as a separate billable project.
If a Customer request’s website design work that does not directly contribute to the on-site or off-site SEO process the requested work will be treated as a separate project and we will provide a quote for work. Examples of non-SEO affecting work; add new forms, change design or layout, add new features like online payment, CRM, customer login areas, updating vouchers or coupons.
Specific To Digital Advertising
Digital Advertising or Pay-Per-Click (PPC) is also referred to as SEM (Search Engine Marketing). This type of solution can be performed across Google, Youtube, Facebook, Twitter, Bing and Yahoo. You have the opportunity to request ad changes once a month for text ads and once every two months for display ads.
From time to time we may suggest other opportunities for your business based on the feedback we get from the advertising platforms used.
Switch to Marwick and Save Contract Details
The Switch to Marwick and Save promotion is based on a 12-month contract with a minimum retainer level of $950. If a client wishes to cancel, they may do so with a 30-day written notice using Marwick Marketing Inc.’s online cancellation form (https://marwickmarketing.com/service-cancellation/) and will be required to pay 50% of the remaining value of the contract. Upon which time, Marwick Marketing Inc will provide a roundup report and all login details for the Customer.
Free Website Upgrade
Free website upgrade is applicable to Marwick Marketing Inc.’s template websites and includes changes to images, fonts, colours, logos, and text. Additional changes outside of this will be charged at our hourly rate in agreement with the Customer.
$600 In Google Ad Spend
To help you get started with Google Ads, we’ll work with you to claim $600 CAD in free ad credits when you spend $600 CAD and create a new Google Ad account. Ad spend is payable by the Customer to Google and contingent on creating a new account.
Customer must present Marwick Marketing Inc. with an invoice within the last 12 months with a value of $950 or greater for services obtained through another agency or service provider which Marwick Marketing Inc. provides; SEO, PPC, or Social Media and we will beat their price by 10%. Does not include ad spend.
This Agreement shall be construed and enforced in accordance with the laws of the Province of British Columbia.