The rules for using this website and for doing business with Wayland Marketing. Client engagements are governed by a signed NDA and Statement of Work, which take precedence over this page.
These Terms and Conditions (“Terms”) govern your access to and use of the Wayland Marketing website, and they apply to any services you request or receive from Wayland Marketing.
By accessing our website, submitting a form, requesting a quote, or engaging us for services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use this website or engage our services.
Client engagements are governed by a mutual Non Disclosure Agreement (NDA) and a Statement of Work (SOW), which includes a copy of these Terms. Where a signed NDA, SOW, or other written agreement conflicts with anything on this page, the signed document takes precedence for that engagement.
Wayland Marketing
A sole proprietorship operating in Ontario, Canada
Email: [email protected]
Phone: (705) 805-3132
Website: https://waylandmarketing.com/
Wayland Marketing provides business to business marketing and consulting services, which may include:
The specific services, deliverables, timelines, and fees for your engagement will be set out in your Statement of Work.
All quotes, estimates, and proposals are valid for 14 days from the date issued unless stated otherwise, and are provided for planning purposes.
A quote does not constitute a binding agreement until it is accepted in writing by both parties, or until the first payment is received. The engagement begins on the date of payment acceptance.
Any change to the agreed scope, including additional deliverables, added platforms, expanded campaign volume, or significant revisions beyond those included, may require a revised quote and additional fees. Work outside the agreed scope will not begin until the change is approved in writing.
Unless otherwise stated in your Statement of Work:
Advertising budgets paid directly to advertising platforms are separate from our fees and are the responsibility of the client. Third party software, subscriptions, licences, and stock assets are also the responsibility of the client unless agreed otherwise in writing.
Client property. You retain ownership of all content, data, trademarks, brand assets, and materials you provide to us. You confirm that you have the right to use and share any materials you supply and that they do not infringe the rights of any third party.
Client owned deliverables. Upon full payment, and as specified in the applicable Statement of Work, the client owns the finished website, the automations built for them, and their advertising accounts and associated ad creative.
Wayland owned infrastructure. The infrastructure on which those deliverables are built, including the CRM environment, platform configuration, underlying systems, templates, frameworks, snapshots, internal tooling, and methodologies, remains the exclusive property of Wayland Marketing. Ownership of a deliverable does not transfer ownership of, or a licence to, the infrastructure it runs on.
Continued use and subscriptions. Where a client owned website, automation, or advertising asset requires Wayland Marketing infrastructure or third party software to operate, continued use is conditional on the client paying the applicable subscription and platform fees for that software. If the client chooses not to continue those payments, or elects to move to their own independent environment, the client is responsible for rebuilding the affected systems on their own infrastructure. Wayland Marketing is not obligated to transfer, replicate, or export its proprietary infrastructure, and is not responsible for functionality lost as a result of the client discontinuing the required software or subscriptions.
Website property. All materials on this website, including text, graphics, logos, layouts, and design elements, are the property of Wayland Marketing or its licensors and are protected by applicable intellectual property laws.
Portfolio, results, and case study use. Wayland Marketing retains the right to reference the work performed and the results achieved during an engagement, including performance metrics, campaign outcomes, and examples of deliverables, in its portfolio, case studies, and marketing materials.
Where results are referenced without the client’s prior approval, the client will not be named and their logo will not be used. Wayland Marketing may, however, describe the engagement using non identifying descriptive detail, including industry or trade, general market or region, business size or revenue band, service type, and the performance results achieved. Confidential financial records, internal business information, and materials marked confidential by the client will not be disclosed.
Use of the client’s name, logo, or directly identifying details in a case study, testimonial, review, or performance feature will be requested from the client in good faith, and used on that basis. The client may decline. Where the client provides a testimonial, review, or written approval for a named feature, that approval extends to publication of the associated results on our website and marketing channels.
Nothing in this section requires Wayland Marketing to obtain consent to describe, in general terms, the nature of the work performed or the outcomes produced.
Client engagements begin with a mutual Non Disclosure Agreement (NDA), executed before or alongside the Statement of Work. The NDA holds both parties accountable and governs the handling of confidential information exchanged during the engagement.
For the purposes of these Terms, confidential information includes business plans, financial records, pricing, customer and lead data, internal processes, credentials, proprietary systems, strategy documents, and any information identified as confidential or that a reasonable person would understand to be confidential.
Each party agrees to:
Confidentiality obligations do not apply to information that is publicly available through no breach of this section, was already lawfully known to the receiving party, is independently developed without reference to the disclosing party’s information, or is lawfully received from a third party without restriction.
Where a signed NDA and these Terms address the same subject matter, the signed NDA governs. The portfolio, results, and case study rights set out in Section 6 are an agreed exception to the confidentiality obligations in this section and in any NDA executed between the parties, unless expressly amended in writing.
Confidentiality obligations survive termination of the engagement.
To allow us to deliver services effectively, the client agrees to:
Delays caused by outstanding information, approvals, access, or payment may affect timelines and are not the responsibility of Wayland Marketing.
You agree not to:
We reserve the right to restrict or terminate access to the website for any user who breaches these Terms.
Our services rely on third party platforms, including advertising networks, CRM and automation software, hosting and website infrastructure, payment processors, data providers, and artificial intelligence services. These platforms are outside our control.
We are not responsible for outages, downtime, account suspensions, policy changes, pricing changes, algorithm updates, feature removals, data loss, or errors caused by third party platforms. Where such events occur, we will make reasonable efforts to mitigate the impact and advise on alternatives.
Your use of third party platforms is subject to their own terms of service, which you are responsible for reviewing and complying with.
Wayland Marketing will apply professional expertise and best practice methods to achieve the agreed strategy objectives. No specific revenue outcome, search ranking, lead volume, or close rate is guaranteed. Results depend on factors including market conditions, platform changes, competitor activity, operational capacity, and lead responsiveness.
Any projections, forecasts, or examples provided are illustrative and are not promises of performance.
Wayland Marketing’s total liability under any engagement shall not exceed the total fees paid in the three months preceding any claim. Wayland Marketing is not liable for indirect, consequential, or punitive damages of any kind.
Our website and services are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied. Nothing in these Terms limits liability that cannot be limited under applicable law.
You agree to indemnify, defend, and hold harmless Wayland Marketing and its personnel from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from:
Engagements begin on the date of payment acceptance and run for an initial term of three months unless the applicable Statement of Work specifies otherwise.
Either party may terminate with 30 days written notice after the initial term is complete.
In the event of early termination during the initial three month term, the client remains liable for all hours worked and costs incurred to the date of termination. No refunds are issued for work already completed.
Wayland Marketing may suspend or terminate services immediately if the client breaches these Terms, provides unlawful or misleading material, or engages in abusive conduct toward our team.
Upon termination:
These Terms, and any engagement with Wayland Marketing, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. This applies to all clients, including those located outside Canada.
Any disputes shall first be referred to good faith negotiation, and then to good faith mediation, before formal proceedings are commenced. Mediation may take place in Ontario or by remote means agreed between the parties.
If mediation is unsuccessful, disputes shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario, and each party attorns to that jurisdiction.
Where an applicable Statement of Work expressly specifies a different governing law or venue, that provision controls for that engagement.
Nothing in this section prevents either party from seeking urgent injunctive relief in any court of competent jurisdiction to protect confidential information or intellectual property.
We may update these Terms at any time. The current version will always be posted on this page with an updated effective date. Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms. For active engagements, the version of the Terms attached to the signed Statement of Work governs unless both parties agree in writing to an update.
Questions about these Terms can be directed to:
Wayland Marketing
Email: [email protected]
Phone: (705) 805-3132
Website: https://waylandmarketing.com/