01 — Agreement
By accessing or using apagency.ca or any of its subdomains, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use this site.
These Terms govern your access to the site and any services, proposals, or contracts entered into with AP Agency. Service-specific engagements are governed by a separate written agreement; in the event of conflict, the signed agreement prevails.
02 — Services
AP Agency provides digital marketing services including paid advertising management, landing page design and development, conversion rate optimization, video production, SEO, and branding. Specific deliverables, timelines, pricing, and performance benchmarks are defined in individual service agreements.
03 — Intellectual Property
Site Content: All content on this site — text, graphics, logos, images, and code — is the exclusive property of AP Agency or its licensors and is protected by Canadian and international copyright law. Unauthorized reproduction or distribution is prohibited.
Deliverables: Ownership of creative deliverables transfers to the client only upon receipt of full payment and as specified in the applicable service agreement. We retain the right to display completed work in our portfolio unless otherwise agreed in writing.
Client-Provided Materials: By providing us with content or assets, you represent that you own or have the right to use such materials and grant AP Agency a limited license to use them solely for delivering the agreed services.
04 — Payments
All fees are stated in Canadian Dollars (CAD) unless otherwise specified.
| Item | Terms |
|---|---|
| Project deposit | 50% due upon agreement signing; non-refundable once work commences |
| Remaining balance | Due upon project completion or per agreed milestone schedule |
| Monthly retainers | Invoiced on the 1st of each month; due within 7 days |
| Ad spend budgets | Paid directly to ad platforms by client; separate from agency fees |
| Late payments | 1.5% monthly interest on overdue balances; work may be paused |
Applicable Canadian and provincial taxes (GST/HST) will be added to invoices where required by law.
05 — Confidentiality
Both parties agree to hold in strict confidence any proprietary, financial, or strategic information disclosed during an engagement. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law. Confidentiality obligations survive termination by two (2) years.
06 — Termination
Either party may terminate an ongoing engagement with 30 days' written notice. Upon termination:
07 — Limitation of Liability
No Indirect Damages. AP Agency shall not be liable for any indirect, incidental, consequential, or punitive damages, including lost profits or loss of data, even if advised of the possibility of such damages.
Liability Cap. Our total cumulative liability shall not exceed the total fees paid by the client to AP Agency in the three (3) months preceding the event giving rise to the claim.
Third-Party Platforms. We are not liable for changes, outages, policy violations, or account suspensions imposed by third-party advertising platforms (Meta, Google, TikTok, etc.).
08 — Acceptable Use
You agree not to use this site or our services to:
09 — Indemnification
You agree to indemnify and hold harmless AP Agency and its officers, directors, and employees from any claims, damages, costs, and expenses (including legal fees) arising out of: (a) your use of this site or our services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) content you provide to us for use in delivering services.
10 — Governing Law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada. Any dispute shall be resolved exclusively in the courts of Ontario. Before initiating formal proceedings, both parties agree to attempt resolution through 30 days of good-faith negotiation.
11 — Changes
We may update these Terms at any time. Material changes will be indicated by an updated effective date at the top of this page. Continued use of the site after changes are posted constitutes acceptance of the revised Terms.
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