Blimco Marketing strives to deal with its clients in a professional, timely and favourable manner. When clients engage in Blimco Marketing with their business, the clients will be accepting the following terms and conditions:
The Contract
- An independent contractor relationship will be created between the clients and Blimco Marketing, and no partnership or joint venture is intended or implied by either party.
- The date of commencement of the services will be agreed upon by both parties and charges will be applicable according to that date.
Services provided by Blimco Marketing are month to month, with no contractual agreement to extend. This proposal and contract can be terminated by either party, with 30 days’ notice, provided payment for work due is complete. Blimco Marketing reserves the right to subcontract third-party service providers for some of the service tasks - A person who is not a party to the Contract shall not have any rights under or in connection with it.
The Payment
- If clients use any monthly service package of Blimco Marketing then they are obliged to pay a full chargeable amount prior to the commencement of the work.
- If Blimco Marketing and the client agree on a fixed quote regarding any services then they are liable to pay 50% of the billable amount in advance, prior to the commencement of the work. The remaining 50% of the payment will have to be made upon invoicing for the balance of work as quoted by Blimco Marketing.
- Blimco Marketing shall invoice the clients monthly, payable in advance
- Also, if the clients do not pay a monthly invoice when it is due, Blimco Marketing may terminate the services immediately. In this case, we will not be liable to issue a 10-day prior notice.
- Deposits are non-refundable and should a conflict arise, Blimco Marketing reserves the right to terminate the agreement with no monies owed.
- Recurring monthly digital marketing services require 30 days’ notice.
- Once an invoice is paid and it has been communicated to us that you are using our services, this will also mean that you have READ AND AGREE TO THESE TERMS & CONDITIONS.
Liability
- Blimco Marketing will not be liable for any indirect or consequential losses due to delay in obligated service deliverables, where the delay is because of natural or ungovernable causes.
- The clients will defend, cover and hold Blimco Marketing harmless from and against any and all claims, losses, liabilities and expenses related to the services provided by Blimco Marketing to the clients under this agreement, including without limitation claims made by third parties related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, or for any content submitted by you for publication by Blimco Marketing.
- Due to the nature of digital media, any content/information given by the clients to Blimco Marketing for publication will be accessible by the public as soon as the publication is carried out. Blimco Marketing will not be responsible for screening the material and any damages or losses of profit, goodwill or any business asset due to the nature of the content being publicized.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Blimco Marketing does not guarantee rankings or SEO performance.
- Search engines may make algorithm changes for which Blimco Marketing is not responsible
- The client must implement, or allow us to implement, our recommendations.
- Blimco Marketing must be notified about anything which may affect the rankings, or advertising campaign performance, such as changing hosts, site performance issues or landing page changes.
- Blimco Marketing is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
- In no event will Blimco Marketing Communications be liable for any damages, including without limitation, direct, indirect, incidental, special consequential, or punitive damages arising out of the use of or inability to use Blimco Marketing communications services or any content thereon. this disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; inadvertent linking; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
Waiver
- If at any time during the term of a service contract, we fail to insist upon the strict performance of any of your obligations under the service contract or any of these terms and conditions, then this will not automatically free you from any of the obligations mentioned in the terms and conditions and will not constitute a waiver.
- Any waiver of terms and conditions will be valid officially only if it is communicated to you in writing.
*Blimco Marketing reserves the right to modify the above terms and conditions at any point in time, including the time of an ongoing contract and changes in the terms and conditions will be notified to the clients through company email. If you have any questions or concerns, please contact us Blimco.ca/contact/