These Terms and Conditions (the “Terms”) govern your use of the Wayland Marketing website and any services you request or receive from Wayland Marketing.
By using the website, submitting a form, requesting a quote or engaging us for services, you agree to these Terms. If you do not agree, please do not use the website or engage our services.
Where a signed agreement or Statement of Work conflicts with these Terms, the signed document governs that engagement.
Wayland Marketing is a sole proprietorship operating in Ontario, Canada.
Email: [email protected]
Phone: (705) 805-3132
Website: https://waylandmarketing.com/
Wayland Marketing provides marketing services to trade service businesses, including Google Ads management, website design and development, and search engine and AI search optimization (SEO, AEO and GEO).
The specific services, deliverables, timelines and fees for your engagement are set out in your Statement of Work.
Quotes and proposals are valid for 14 days from the date issued unless stated otherwise. A quote is not binding until the agreement is accepted in writing by both parties, or until the first payment is received. The engagement begins on that date.
Work outside the agreed scope requires a written change and may carry additional fees. It will not begin until approved in writing.
Unless your Statement of Work says otherwise:
Advertising spend is paid directly by you to the advertising platform and is separate from our fees. Third party software, subscriptions and licences are your responsibility unless agreed otherwise in writing.
The minimum term of each engagement is stated in your Statement of Work. After the minimum term, the engagement continues month to month and either party may end it with 30 days’ written notice.
If you end an engagement before the minimum term ends, the terms of your Statement of Work apply. On termination, all fees for work completed become payable, and we will reasonably assist in transferring the accounts and assets you own, subject to payment of any outstanding amounts.
Wayland Marketing may suspend or end services immediately if you breach these Terms, provide unlawful or misleading material, or engage in abusive conduct toward our team.
You keep ownership of the content, data, trademarks and materials you provide. Upon full payment, you own the finished website, your advertising accounts and the ad creative built for you.
The systems used to build and run that work, including platform configuration, templates, frameworks, internal tools and methods, remain the property of Wayland Marketing. Where a deliverable depends on those systems or on third party software, its continued use depends on the applicable subscriptions remaining in place.
We may describe our work and results in general terms in our portfolio. We will not use your name or logo without your approval, and we will not disclose confidential financial or customer information.
Each party will use the other’s confidential information only for the engagement, protect it with at least the care it applies to its own, limit access to people who need it, and not disclose it to third parties without written consent except where required by law. This does not apply to information that is public, already known, independently developed or lawfully received from a third party.
These obligations continue after the engagement ends. If a separate written confidentiality agreement is signed, it governs the matters it covers.
You agree to provide accurate information and timely access, content and approvals; name one person authorized to approve work; follow the policies of the platforms used in the engagement; and make sure the products, services and claims we market for you are lawful and accurate. Delays caused by missing information, access, approvals or payment may affect timelines and are not our responsibility.
Our services rely on platforms we do not control, including advertising networks, CRM and website software, payment processors and AI tools. We are not responsible for their outages, account suspensions, policy or pricing changes, or data loss, but we will make reasonable efforts to reduce the impact and advise you on alternatives.
We apply professional skill and sound practice to reach the objectives we agree with you. We do not guarantee any specific result, search ranking, lead volume or revenue. Projections and examples are illustrative.
Our total liability under any engagement will not exceed the fees you paid in the three months before the claim, and we are not liable for indirect, consequential or punitive damages. Nothing in these Terms limits liability that cannot be limited by law.
You agree to indemnify Wayland Marketing against claims arising from the materials and claims you provide us, your products, services or business practices, or your breach of these Terms or any applicable law.
You agree not to use this website unlawfully, attempt unauthorized access, introduce harmful code, scrape or republish its content without permission, or submit false information through our forms.
These Terms and any engagement are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Disputes go first to good faith negotiation, then to mediation, and then to the courts of Ontario. Either party may seek urgent injunctive relief to protect confidential information or intellectual property.
If part of these Terms is unenforceable, the rest continues. Failure to enforce a provision is not a waiver. You may not assign your rights without our written consent. Wayland Marketing is an independent service provider. Nothing here creates a partnership, joint venture, employment, or agent and principal relationship between the parties, and neither party may bind the other. Neither party is liable for delays caused by events beyond its reasonable control.
We may update these Terms by posting the new version here with an updated date. For an active engagement, the version attached to the signed Statement of Work governs unless both parties agree in writing to an update.
Questions about these Terms: [email protected] or (705) 805-3132.