Terms Of Service
Terms of Service
Effective Date: January 1, 2018
Last Updated: May 27, 2026
Business Name: Egghead Marketers Inc.
Website: www.eggheadmarketers.ca
Contact Email: team@eggheadmarketers.ca
These Terms of Service apply to your purchase and use of services provided by Egghead Marketers Inc. By purchasing, accessing, booking, paying for, or using our services, you agree to these Terms.
Please read these Terms carefully before purchasing. If you do not agree with these Terms, please do not purchase or use our services.
These Terms are organized into two main sections:
Offer Terms: terms that apply to specific promotions, offers, checkout items, website launch packages, guarantees, upgrade credits, monthly care, hosting, and website launch system access.
Service Terms: general terms that apply to Egghead Marketers Inc. services, including website design, marketing services, SEO, paid ads, branding, optimization, consulting, support, and related services.
If there is a conflict between the Offer Terms and the Service Terms, the more specific Offer Terms will apply to the specific offer, package, checkout item, invoice, proposal, or written agreement you purchased.
These Terms are intended to clearly outline the business relationship between Egghead Marketers Inc. and its clients. They are not legal advice. You should have these Terms reviewed by a qualified lawyer before publishing or relying on them.
Section 1: Offer Terms
1. Website Launch Offer
The Website Launch Offer is designed to help eligible businesses launch a professional website quickly and affordably.
Unless otherwise stated in writing, the Website Launch Offer may include some or all of the following:
- A 3-page professional website
- Starter digital logo design and favicon
- Branded launch graphics
- Website activation consultation
- Website setup
- Basic form setup or third-party form configuration
- Tracking setup
- Hosting
- Website care
- Backup support
- Optimization support
- Related website launch support
The exact pricing, deliverables, bonuses, timeline, monthly payment, and payment terms will be shown on the checkout page, sales page, invoice, proposal, or written agreement connected to your purchase.
Services, pages, features, revisions, add-ons, bonuses, or support not clearly listed as included are not included unless agreed to in writing.
2. Included Setup Value and Offer Presentation
From time to time, Egghead Marketers Inc. may advertise the Website Launch Offer using stated value comparisons, package values, visible value totals, bonuses, or promotional pricing.
Any stated value, such as the value of a website, starter logo, favicon, branded launch graphics, consultation, or related launch assets, is used to communicate the estimated standalone value of the included services if purchased separately or as part of a larger package.
Unless otherwise stated in writing, the stated value is not a cash value, refund value, resale value, credit value, or amount owed to the customer. Promotional value comparisons are for offer presentation purposes only.
The exact deliverables you receive are determined by the specific offer, checkout page, sales page, invoice, proposal, or written agreement connected to your purchase.
3. Website Launch Timeline
Any advertised website launch timeline begins only after Egghead Marketers Inc. has received all required items from you, including but not limited to:
- Payment
- Onboarding information
- Business details
- Website content or required business information
- Images, logos, or brand assets where required
- Domain access or required platform access
- Required approvals
- Any other information needed to complete the website
Any launch timeline shown on our website, including a 72-hour launch timeline, is based on receiving all required information, assets, access, payment, and approvals from you in a timely manner.
Delays caused by missing information, delayed approvals, technical issues, third-party platforms, domain issues, payment delays, or client-side delays may extend the launch timeline.
A launch timeline is an estimated production timeline, not a guarantee, unless expressly stated in a signed written agreement.
4. Client Onboarding and Required Information
To complete your Website Launch Offer, you agree to provide accurate and timely information.
This may include your business name, contact details, service information, website copy or business information, logo preferences, brand preferences, images or media assets, domain access, website platform access, form details, tracking information, required approvals, and any legal disclaimers or compliance language required for your business.
You are responsible for ensuring that all information you provide is accurate, lawful, complete, and does not infringe on the rights of any third party.
Egghead Marketers Inc. is not responsible for launch delays, missed deadlines, website errors, legal issues, business losses, technical problems, or reduced website quality caused by incomplete, inaccurate, delayed, or missing information from you.
5. Activation Call Upgrade Credit
Customers who purchase eligible low-ticket website launch items may apply their initial investment toward upgrading into an approved custom WordPress website design package or approved marketing service, provided the upgrade is requested within 72 hours after attending their Website Activation Consultation or activation call.
This upgrade credit is available only to customers who purchased an eligible entry-level Website Launch Offer or other eligible low-ticket item from Egghead Marketers Inc. The credit allows the customer to apply their initial low-ticket purchase amount toward an approved higher-ticket custom WordPress website package, custom website design package, or marketing service.
The upgrade credit may be applied toward eligible custom WordPress website packages, approved custom website design packages, or approved marketing services offered by Egghead Marketers Inc.
The upgrade credit does not apply to monthly website care payments, hosting payments, third-party fees, domain purchases, software subscriptions, advertising costs, taxes, rush fees, add-ons, completed services, past purchases, or services outside the approved upgrade options unless agreed to in writing.
To qualify, the customer must:
- Attend their scheduled Website Activation Consultation or activation call
The eligible initial investment may be credited toward the purchase price of an approved custom WordPress website design package, approved custom website design package, or approved marketing service.
This credit has no cash value, is not a refund, is not transferable, cannot be exchanged for other services, and cannot be applied after the 72-hour upgrade window has expired.
If the customer does not request the upgrade within the 72-hour window, the upgrade credit expires and the original purchase remains subject to these Terms, including the applicable refund, cancellation, payment, and service terms.
Egghead Marketers Inc. reserves the right to determine which purchases qualify as eligible low-ticket items, which services qualify for upgrade credit, and which custom WordPress website packages, custom website design packages, or marketing services are available for upgrade credit.
6. 14-Day Launch Confidence Guarantee
Start your Website Launch Offer with confidence. If you complete the first onboarding steps and realize this is not the right fit for your business, email us within 14 days of purchase and we will review your refund request under this guarantee.
The 14-Day Launch Confidence Guarantee applies only to the initial setup payment for the Website Launch Offer.
It does not apply to monthly payments, third-party fees, domain purchases, software subscriptions, advertising costs, add-on services, custom work, rush work, taxes, or services outside the initial setup payment unless agreed to in writing.
To qualify for the guarantee, you must:
- Email team@eggheadmarketers.ca within 14 calendar days of purchase
- Complete the first required onboarding steps
- Make the request before final website delivery, approval, or launch
- Provide any reasonable information needed to process the request
Because this is a done-for-you website launch service, refund eligibility may be limited or unavailable once substantial work has started.
Substantial work may include website strategy, website design, website buildout, branding work, logo design, favicon creation, launch graphics, domain setup, forms setup, tracking setup, hosting setup, content setup, website revisions, final delivery, or website launch.
The guarantee is intended to protect clients who begin the process and realize the offer is not the right fit before the website has been substantially completed.
It is not intended to allow completed work, delivered work, approved work, launched websites, or substantially completed website projects to be refunded after production has already taken place.
If a refund is approved, it will be issued to the original payment method.
7. Monthly Website Care and Hosting
If your offer includes monthly website care, hosting, maintenance, backup, content support, optimization, or related services, those services remain active only while your monthly payment is current.
Monthly website care may include some or all of the following, depending on your offer:
- Website hosting or platform access
- Basic website care
- Backups
- Security monitoring
- Basic content support
- Website optimization support
- Form support
- Tracking support
- Related technical support
Monthly service does not include unlimited redesigns, advanced custom development, ecommerce setup, paid advertising management, SEO campaigns, complex automations, custom integrations, legal compliance work, or services not clearly included in your offer.
Your monthly website care payment must remain active and current for your website to stay live within our website launch system.
8. Website Platform, Source Code, Editing Access, and Migration Limits
Your Website Launch Offer website is built and managed within Egghead Marketers Inc.’s website launch system.
Unless otherwise stated in writing, the Website Launch Offer is not a website builder product, not a WordPress website, and not a do-it-yourself website platform.
Website Launch Offer websites are built using custom code, templates, internal tools, scripts, forms, tracking, hosting configuration, and service infrastructure managed by Egghead Marketers Inc.
Because the website is managed inside our website launch system, the client does not receive WordPress admin access, website builder access, theme access, plugin access, backend access, database access, server access, or self-editing platform access unless specifically agreed to in writing.
Routine edits, updates, content changes, form updates, tracking updates, optimization changes, and technical changes are managed by Egghead Marketers Inc. while the applicable monthly website care service is active and current.
The Website Launch Offer is intended to provide a professionally built and managed website, not a transferable WordPress build, website builder account, CMS export, or self-managed software product.
Unless otherwise stated in writing, Website Launch Offer websites cannot be migrated, exported, transferred, or moved to another platform as standalone WordPress websites or website builder projects.
The website may rely on our website launch system, hosting setup, internal tools, templates, scripts, forms, tracking, platform settings, and service infrastructure.
Because of this, cancelling your monthly service may affect your website’s availability, functionality, access, forms, tracking, hosting, maintenance, backups, and ongoing support.
Upon termination, you may request the available HTML source code for your website, where technically possible.
This request must be made in writing by emailing team@eggheadmarketers.ca within 24 hours of termination.
After that 24-hour period, all website data, HTML source code, website content, and related website materials may be permanently removed from our active system and may no longer be recoverable.
If HTML source code is provided, you are responsible for uploading, hosting, configuring, maintaining, editing, securing, and troubleshooting that code elsewhere.
We do not guarantee that the HTML source code will function the same way outside our website launch system.
Providing HTML source code does not include WordPress files, a WordPress theme, a CMS export, database files, backend access, server files, plugins, platform access, website builder access, editing tools, internal templates, proprietary systems, or third-party integrations.
Any rebuild, redesign, conversion, reactivation, recovery, migration, editing setup, or setup on another platform would require a separate project or additional fees.
9. Non-Payment and Failed Monthly Billing
Your monthly website care payment must remain active and current for your website to stay live within our website launch system.
If your monthly payment fails, is cancelled, reversed, disputed, charged back, or otherwise becomes unpaid, Egghead Marketers Inc. may immediately pause website care, suspend support, restrict access, deactivate the website, or stop ongoing services.
If the outstanding balance is not paid within 72 hours of the failed payment, cancelled payment, reversal, dispute, chargeback, or written notice from us, your website data, HTML source code, website content, and related website materials may be permanently removed from our active system and may no longer be recoverable.
Before removal, you may request the available HTML source code for your website, where technically possible.
This request must be made in writing by emailing team@eggheadmarketers.ca within the 72-hour non-payment period.
You are responsible for uploading, hosting, configuring, maintaining, editing, securing, and troubleshooting any HTML source code provided to you.
Egghead Marketers Inc. is not responsible for website downtime, business interruption, lost leads, lost sales, lost data, lost revenue, lost opportunities, or other losses caused by failed payment, cancelled payment, non-payment, chargeback, billing dispute, or cancellation of the monthly website care payment.
Any rebuild, redesign, conversion, reactivation, recovery, migration, editing setup, or setup on another platform would require a separate project or additional fees.
10. Cancellations for Website Launch Offers
You may cancel your monthly service by emailing team@eggheadmarketers.ca.
Cancellation stops future billing but does not automatically refund previous payments.
If you cancel your monthly service, your website may no longer remain active.
Your website is built and managed within our website launch system. It is not a WordPress website and cannot be migrated, exported, transferred, or moved to another platform as a standalone WordPress site.
Upon termination, you may request the available HTML source code for your website, where technically possible.
The request must be made in writing by emailing team@eggheadmarketers.ca within 24 hours of termination.
After that 24-hour period, all website data, HTML source code, website content, and related website materials may be permanently removed from our active system and may no longer be recoverable.
You are responsible for uploading, hosting, configuring, maintaining, editing, securing, and troubleshooting any HTML source code provided.
Any rebuild, redesign, conversion, reactivation, recovery, migration, editing setup, or setup on another platform would require a separate project or additional fees.
11. Refunds Outside the Guarantee
Except for the 14-Day Launch Confidence Guarantee stated above, payments are non-refundable unless required by law or agreed to in writing.
This is because our services involve time, strategy, design, creative work, technical setup, production capacity, and third-party resources.
Refunds are not provided because of change of mind after work has started, failure to provide required information, delayed feedback or approvals, failure to use the completed website, dissatisfaction caused by preferences not communicated during onboarding or revisions, business performance, sales, revenue, traffic, rankings, conversions, advertising results, or issues caused by third-party tools, domains, hosting providers, payment processors, platforms, or integrations.
12. Offer Bonuses
Some offers may include bonus services, bonus assets, bonus consultations, or promotional inclusions.
Unless otherwise stated in writing, clients have 30 days after website delivery to request or activate eligible bonuses.
After 30 days, unused bonuses expire and are no longer available.
Bonuses have no cash value, are not refundable, are not transferable, and may not be exchanged for other services unless agreed to in writing.
It is the client’s responsibility to request eligible bonuses within the applicable time period.
Section 2: Service Terms
13. Services Provided
Egghead Marketers Inc. provides website design, website launch support, branding assets, marketing setup, website care, hosting, optimization, SEO, paid advertising support, consulting, and related digital services.
The exact services included in your purchase will be listed on the checkout page, sales page, invoice, proposal, or written agreement connected to your purchase.
Services not clearly listed as included are not included unless agreed to in writing.
14. Scope of Work
Egghead Marketers Inc. will provide the services outlined in the checkout page, sales page, invoice, proposal, or written agreement connected to your purchase.
Any work outside the listed scope may require a separate quote, invoice, proposal, or written agreement.
Egghead Marketers Inc. is not required to provide services, features, revisions, pages, assets, consulting, support, or technical work that are not clearly included in the purchased package.
15. Order of Precedence
If there is a conflict between these Terms and another written document connected to your purchase, the documents will apply in the following order unless otherwise stated in writing:
A signed written agreement between the parties
A written proposal or statement of work
The invoice or checkout terms
The sales page connected to the purchase
These Terms of Service
16. Client Responsibilities
To complete your website, marketing service, or project, you agree to provide accurate and timely information, assets, access, feedback, approvals, and payment.
You are responsible for reviewing all work provided to you and requesting changes within the revision or approval process included in your purchase.
You are responsible for your business operations, legal compliance, pricing, offers, sales process, fulfillment, customer service, reputation, follow-up, and business decisions.
We are not responsible for delays, errors, legal issues, launch delays, business losses, or technical problems caused by incomplete, inaccurate, delayed, or missing information from you.
17. Payment Terms
By purchasing our services, you agree to pay all fees shown at checkout, on your invoice, or in your written agreement.
You authorize Egghead Marketers Inc. and its payment processor to charge your selected payment method for the amounts due.
If a payment fails, is cancelled, reversed, disputed, charged back, or otherwise becomes unpaid, we may pause work, delay launch, suspend website services, restrict access, deactivate the website, or stop ongoing support until payment is resolved.
Previous payments are not automatically refunded because of cancellation, delays caused by the client, change of mind, failure to provide required information, or failure to use the completed website.
18. Deposits, Final Payments, and Website Delivery
If a deposit is accepted for a project, the remaining balance must be paid according to the invoice, proposal, checkout page, or written agreement.
Unless otherwise stated in writing, if a website project is ready for migration, delivery, launch, or handoff, the final balance is due within 24 hours of notice that the website is ready.
If the final balance is not paid on time, Egghead Marketers Inc. may delay migration, delivery, launch, access, handoff, revisions, or support until the full balance and any applicable fees are paid.
Where applicable, a daily late fee may apply if final payment is delayed after the website is ready for migration, delivery, launch, or handoff. The late fee amount will be based on the applicable invoice, proposal, package terms, or written agreement.
Migration, launch, delivery, website access, or handoff will not occur until all outstanding amounts and applicable fees are paid in full.
19. Client Content Delays
If the client is required to provide website content, business information, images, access, approvals, or other required materials, the client must provide those items within the timeline requested by Egghead Marketers Inc.
Unless otherwise stated in writing, if required content or materials are not provided within 14 days of the service being started, Egghead Marketers Inc. may pause the project, delay the timeline, adjust the delivery date, apply additional fees, or close the project as incomplete.
Where applicable, a daily delay fee may apply until the required content, access, approvals, or materials are provided.
Egghead Marketers Inc. is not responsible for delays, missed deadlines, additional costs, outdated work, or scheduling conflicts caused by client delays.
20. Fee for Project Extension or Project Pause
The scope and timeline outlined in your checkout page, invoice, proposal, or written agreement represent the agreed allocation of time and production capacity for your project.
If you require additional time beyond this allocation due to project pauses, delayed feedback, incomplete content, missing access, new requests, or other delays, additional fees may apply.
For certain projects, Egghead Marketers Inc. may offer a one-week grace period at no additional cost. This is not guaranteed and may depend on the project type, schedule, and remaining scope.
If an extension, pause, reactivation, or restart is required, Egghead Marketers Inc. may provide a cost estimate based on the remaining scope, timeline, and production capacity required to complete the project.
21. Revisions and Approvals
Your offer may include reasonable revisions as described on the sales page, invoice, checkout page, proposal, or written agreement.
Revisions are intended to refine the agreed-upon scope.
Revisions do not include a completely new website, new brand direction, new page structure, new offer, new strategy, new copy direction, additional pages, additional graphics, custom functionality, or major redesign unless agreed to in writing.
Additional fees may apply for extra pages, major redesigns, new creative direction after approval, advanced custom development, ecommerce functionality, booking systems, advanced forms, advanced automations, additional graphics, copywriting beyond the included scope, rush work, or work outside the original scope.
If you approve a page, design, asset, campaign, ad, email, funnel, or website for launch, that approval means you accept the work as ready to proceed.
22. Change Requests and Additional Work
Any request that expands the original scope may be treated as a change request.
Change requests may require additional fees, additional timelines, or a separate written agreement before work begins.
Egghead Marketers Inc. is not obligated to complete work outside the agreed scope until the scope, timeline, and fees are confirmed in writing.
23. Rush Work
Rush work may be available at Egghead Marketers Inc.’s discretion.
Rush work may require additional fees and may depend on team availability, project complexity, third-party limitations, and whether the client has provided all required information, access, and approvals.
Payment of a rush fee does not guarantee completion by a specific deadline if delays are caused by the client, third-party providers, platform outages, technical issues, or circumstances outside our reasonable control.
24. Communication and Response Times
Egghead Marketers Inc. may communicate with clients by email, phone, video call, project management tools, forms, messaging platforms, or other reasonable communication methods.
Unless otherwise stated in writing, support and communication are provided during normal business hours.
Response times may vary depending on workload, complexity, urgency, platform access, technical requirements, and the nature of the request.
Egghead Marketers Inc. is not responsible for delays caused by missed messages, incorrect contact information, lack of response, unavailable client representatives, or delayed approvals.
25. Meetings, Missed Calls, and Rescheduling
If your service includes a consultation, activation call, strategy call, review call, onboarding call, or meeting, you are responsible for attending at the scheduled time.
If you miss a scheduled call, arrive late, or fail to provide required information before the call, the call may be shortened, forfeited, or rescheduled at Egghead Marketers Inc.’s discretion.
Repeated missed calls or delayed rescheduling may delay the project and may result in additional fees or project closure.
26. Website Content and Compliance
You are responsible for reviewing and approving all website content before launch.
We may help create, organize, edit, or improve website content. However, you are responsible for making sure all claims, descriptions, prices, offers, guarantees, testimonials, images, legal disclaimers, industry statements, and business information are accurate and legally compliant.
Egghead Marketers Inc. does not provide legal, regulatory, medical, financial, accounting, tax, accessibility, privacy, advertising compliance, or professional compliance advice.
You should consult a qualified professional for legal terms, privacy policies, disclaimers, regulated industry claims, accessibility requirements, advertising claims, and compliance obligations specific to your business.
27. Advertising, Platform Policies, and Account Risk
If Egghead Marketers Inc. provides paid advertising strategy, ad creative, ad copy, landing pages, tracking setup, funnel support, or campaign management, the client remains responsible for the legality, accuracy, and compliance of their business, offer, claims, products, services, testimonials, pricing, guarantees, and customer experience.
Advertising platforms may reject ads, limit delivery, request verification, restrict accounts, suspend accounts, disable assets, change policies, increase costs, reduce reach, or otherwise affect campaign performance.
Egghead Marketers Inc. is not responsible for platform decisions, ad disapprovals, account restrictions, account suspensions, policy changes, review delays, targeting restrictions, billing issues, payment method issues, learning phase volatility, or increased advertising costs caused by third-party advertising platforms.
The client agrees not to ask Egghead Marketers Inc. to create, publish, or manage ads, landing pages, funnels, claims, or offers that are unlawful, misleading, deceptive, prohibited, or likely to violate platform policies.
28. Ad Account, Analytics, and Platform Access
Unless otherwise stated in writing, the client is responsible for maintaining ownership and access to their own ad accounts, business managers, analytics accounts, tag managers, CRM accounts, domain accounts, email platforms, payment processors, and related third-party accounts.
The client is responsible for keeping payment methods active, resolving platform verification requests, maintaining access, and complying with platform terms.
Egghead Marketers Inc. may request access to client-owned accounts to provide services. The client is responsible for granting accurate access and removing access when services end.
Egghead Marketers Inc. is not responsible for lost access, account ownership disputes, platform restrictions, account bans, billing issues, or historical setup problems inside client-owned or third-party accounts.
29. Marketing Results
Egghead Marketers Inc. may provide marketing strategy, website structure, conversion recommendations, design recommendations, campaign support, creative direction, funnel support, reporting, optimization, and related marketing services.
However, Egghead Marketers Inc. does not guarantee any specific business result.
This includes sales, revenue, profit, leads, bookings, conversion rates, website traffic, search engine rankings, advertising performance, return on ad spend, cost per lead, customer acquisition costs, email performance, appointment show rates, close rates, or business growth.
Any examples, testimonials, case studies, projections, estimates, benchmarks, or performance references are provided for illustration only. Individual results vary.
You are responsible for your business operations, pricing, offer, sales process, follow-up, fulfillment, customer service, reputation, advertising budget, and business decisions.
30. SEO, AEO, Search Rankings, and Organic Traffic
If Egghead Marketers Inc. provides SEO, AEO, website optimization, content optimization, technical recommendations, local SEO, Google Business Profile support, or related services, you understand that search engines and AI-powered discovery platforms are controlled by third parties.
Egghead Marketers Inc. does not guarantee specific rankings, traffic levels, indexing, search visibility, AI overview visibility, map pack placement, featured snippets, leads, revenue, or timing of results.
Search engines and platforms may change algorithms, policies, ranking factors, display formats, indexing rules, or visibility without notice.
SEO and organic visibility may be affected by competition, website history, domain authority, technical issues, content quality, reviews, backlinks, user behaviour, search demand, platform updates, and other factors outside our control.
31. Email Marketing, SMS, and Consent Compliance
If Egghead Marketers Inc. helps with email marketing, SMS marketing, CRM automation, forms, lead capture, follow-up sequences, newsletters, or related communication tools, the client is responsible for ensuring they have the required consent, legal basis, unsubscribe process, privacy notice, and compliance language required for their business and audience.
The client is responsible for complying with applicable anti-spam, privacy, marketing, and consumer protection laws, including any requirements for consent, sender identification, unsubscribe mechanisms, record keeping, and truthful messaging.
Egghead Marketers Inc. is not responsible for fines, complaints, deliverability issues, unsubscribe disputes, privacy complaints, spam complaints, blocked accounts, or legal claims caused by client lists, client data, client messaging, client approvals, or client instructions.
32. Privacy and Personal Information
Egghead Marketers Inc. may collect personal information such as your name, email address, phone number, billing information, business information, website details, communication history, project details, and account access information in order to provide services.
We may use this information to process payments, deliver services, communicate with you, provide support, improve our services, send service updates, prevent fraud, resolve disputes, and comply with legal obligations.
You are responsible for ensuring that any customer data, lead data, contact lists, personal information, or business records you provide to us have been collected lawfully and with any required consent.
We may retain business records, billing records, transaction records, communications, project files, and other information as needed for legal, accounting, tax, dispute, fraud prevention, compliance, or legitimate business purposes.
Our handling of personal information may also be governed by our Privacy Policy.
33. Confidentiality
Both parties agree to keep confidential information private.
Confidential information may include login credentials, business information, customer information, sales data, marketing data, financial information, strategy, internal processes, and non-public project details.
Confidentiality does not apply to information that is publicly available, already known, independently developed, approved for disclosure, or required to be disclosed by law.
34. Client Materials and Permissions
You confirm that you have the legal right to use all materials you provide to Egghead Marketers Inc.
This includes logos, images, videos, copy, testimonials, reviews, fonts, brand assets, product photos, customer information, trademarks, business claims, case studies, before-and-after examples, pricing, and guarantees.
You grant Egghead Marketers Inc. permission to use, edit, modify, publish, display, and incorporate those materials as needed to provide the purchased services.
You agree to defend, indemnify, and hold harmless Egghead Marketers Inc. against claims, damages, losses, or expenses arising from materials you provide, approve, request, or instruct us to use.
35. Ownership and Intellectual Property
Once all amounts owed are paid in full, you own the final website content and final creative assets specifically created for you as part of the paid deliverables, subject to the platform and source code limitations stated in these Terms.
This does not include third-party materials, software, plugins, stock assets, templates, platform code, tools, frameworks, scripts, systems, internal processes, or pre-existing intellectual property.
Egghead Marketers Inc. retains ownership of our systems, processes, templates, frameworks, design methods, code libraries, internal tools, strategy frameworks, pre-existing materials, training materials, proprietary methods, website launch system, and agency know-how.
You may not resell, license, copy, distribute, or reproduce our templates, systems, processes, or proprietary materials outside your own business use without written permission.
36. Drafts, Concepts, and Unused Work
Drafts, concepts, mockups, unused designs, unused copy, strategy notes, internal planning documents, unused campaign concepts, source files, and work not selected or delivered as final client deliverables remain the property of Egghead Marketers Inc. unless agreed to in writing.
Egghead Marketers Inc. is not required to provide editable source files, design files, raw project files, internal notes, unused concepts, or working files unless specifically included in the purchased service or agreed to in writing.
37. Third-Party Tools and Platforms
Your website, marketing campaigns, CRM, tracking, forms, emails, ads, hosting, payment systems, analytics, automations, or integrations may use third-party platforms, providers, plugins, software, payment processors, analytics tools, CRM tools, form tools, or integrations.
Egghead Marketers Inc. is not responsible for outages, errors, policy changes, pricing changes, billing changes, account restrictions, data loss, service interruptions, account suspensions, verification issues, or technical problems caused by third-party providers.
Some third-party services may require separate fees.
You are responsible for maintaining access to your own third-party accounts unless we agree otherwise in writing.
38. Domains, DNS, Email, and Technical Access
If your project requires domain setup, DNS changes, email setup, tracking setup, redirects, verification records, or related technical configuration, you are responsible for providing accurate access and approval.
DNS, domain, and email changes may take time to propagate and may be affected by third-party providers.
Egghead Marketers Inc. is not responsible for downtime, email disruption, lost emails, failed domain renewals, domain expiration, DNS errors, third-party hosting issues, registrar issues, or technical problems caused by incorrect access, third-party providers, expired domains, or client-side changes.
39. Website Warranty for Custom WordPress Website Packages
If your purchased package includes a WordPress website warranty, the warranty applies only for the warranty period stated in the package, invoice, proposal, or written agreement.
If the client’s WordPress website has a functioning error that was not caused by the client, the client’s team, third-party providers, platform updates, plugins, hosting, malware, or anyone instructed by the client making changes to the website, Egghead Marketers Inc. may repair the WordPress issue at no cost during the applicable warranty period.
The warranty does not cover errors, breakage, downtime, design changes, plugin conflicts, hosting issues, security issues, malware, third-party platform issues, changes made by the client, changes made by anyone instructed by the client, or work outside the original project scope.
If the client or anyone instructed by the client installs, updates, uninstalls, edits, modifies, or changes the website outside normal visual edits, the warranty may be voided.
The warranty begins once the website is delivered to the client, marked complete, migrated, approved, or launched, depending on the applicable package terms.
40. Security, Maintenance, and Backups
If website care, hosting, backups, security monitoring, or maintenance are included in your monthly plan, Egghead Marketers Inc. will take reasonable steps to support your website.
However, no website, platform, hosting service, plugin, software system, online service, backup system, or security process is guaranteed to be completely secure, error-free, uninterrupted, or recoverable.
You are responsible for using secure passwords, protecting account access, limiting user permissions, maintaining accurate billing, and notifying us promptly of any suspected security issue.
Egghead Marketers Inc. is not responsible for security issues, data loss, downtime, or website damage caused by weak passwords, client-side access sharing, malware, third-party platforms, plugins, hosting providers, outdated software, unauthorized users, or client modifications.
41. Accessibility and Industry Compliance
Egghead Marketers Inc. may design and build websites using reasonable modern practices.
However, unless specifically agreed to in writing, our services do not include legal accessibility audits, accessibility certification, regulated industry compliance, privacy compliance, advertising compliance, medical compliance, financial compliance, tax compliance, or legal review.
You are responsible for determining whether your website, ads, content, claims, forms, privacy policy, terms, accessibility, and business practices meet the legal and regulatory requirements that apply to your business.
42. AI Tools, Automation, and Assisted Workflows
Egghead Marketers Inc. may use software tools, automation tools, AI-assisted tools, templates, internal frameworks, code libraries, design tools, analytics tools, or third-party systems to support service delivery.
These tools may assist with strategy, copy, design, coding, research, production, quality assurance, reporting, or workflow efficiency.
Egghead Marketers Inc. remains responsible for delivering the agreed service, but the client remains responsible for reviewing and approving final deliverables, claims, business information, legal language, and compliance-sensitive content before use.
43. Contractors and Service Providers
Egghead Marketers Inc. may use employees, contractors, subcontractors, vendors, specialists, or service providers to help deliver services.
Egghead Marketers Inc. remains responsible for coordinating the services purchased by the client, but is not responsible for delays or issues caused by third-party platforms, tools, providers, or client-side delays.
44. Portfolio Use and Case Studies
Unless you request otherwise in writing, you allow Egghead Marketers Inc. to reference your project in our portfolio, website, social media, advertising, sales materials, or case studies.
This may include your business name, logo, website screenshots, project summary, creative examples, campaign examples, and general results.
We will not disclose confidential business information, private login details, sensitive customer data, or non-public financial information without permission.
45. Data Usage Rights
The client grants Egghead Marketers Inc. permission to use website materials, screenshots, analytics data, performance results, before-and-after examples, organic search results, paid search results, advertising results, campaign data, conversion data, and project outcomes to showcase progress, improvements, or outcomes for marketing, advertising, reporting, sales, portfolio, and case study purposes.
Egghead Marketers Inc. will not knowingly disclose sensitive or proprietary information outside of the client’s organization without permission, including confidential keywords, private login details, custom plugin configurations, internal systems, non-public financial information, or settings that could reasonably be considered confidential.
46. Service-Specific Market Exclusivity for Paid Services
During any period in which Egghead Marketers Inc. is actively retained and providing the client with paid marketing services selected by the client, Egghead Marketers Inc. will not provide the same covered services to a direct competitor of the client within 25 kilometres of the client’s service area.
For clarity, this exclusivity applies only to the specific paid services purchased by the client.
For example, if the client purchases SEO or AEO only, exclusivity is limited to SEO or AEO. If the client purchases paid ads only, exclusivity is limited to paid ads. If the client purchases both, exclusivity applies to both.
This obligation does not apply to website design, branding, consulting, general strategy, one-time services, past clients, existing clients, clients outside the service area, businesses that are not direct competitors, or services not purchased by the client unless agreed to in writing.
This obligation terminates automatically and immediately upon any suspension, pause, cancellation, non-payment, failed payment, chargeback, dispute, or termination of the applicable covered services.
47. Non-Solicitation
During the term of your project or active service relationship, and for 12 months after it ends, you agree not to knowingly solicit, hire, contract with, or attempt to hire any employee, contractor, subcontractor, vendor, or team member of Egghead Marketers Inc. who was involved in providing services to you without written permission from Egghead Marketers Inc.
This does not prevent general hiring advertisements that are not targeted at Egghead Marketers Inc. personnel.
48. Prohibited Use and Refusal of Service
You may not use our services for unlawful, harmful, misleading, abusive, deceptive, or prohibited purposes.
Egghead Marketers Inc. may refuse, pause, or terminate service for businesses, offers, campaigns, or content involving illegal activity, fraudulent claims, misleading offers, hate, harassment, exploitation, pornography or explicit adult content, gambling, cannabis or non-prescription drug products, counterfeit goods, infringing content, unsafe products, high-risk claims, or any business or content we determine may create legal, reputational, platform, financial, or operational risk.
We reserve the right to refuse service at our discretion.
49. Client Conduct
Egghead Marketers Inc. may pause, limit, or terminate services if a client or client representative engages in abusive, threatening, harassing, discriminatory, unlawful, unsafe, or unreasonable conduct toward our team, contractors, vendors, or service providers.
If services are terminated because of client conduct, previous payments are not automatically refunded and the client remains responsible for amounts owed for work performed, expenses incurred, or services provided.
50. Chargebacks and Payment Disputes
If you have a billing concern, you agree to contact Egghead Marketers Inc. first at team@eggheadmarketers.ca so we can attempt to resolve the issue.
If you initiate a chargeback or payment dispute without contacting us, we may pause services, suspend support, restrict access, deactivate the website, or terminate your account.
You remain responsible for any amounts owed, including any chargeback fees, payment processor fees, recovery fees, or collection costs permitted by law.
51. Suspension and Termination
Egghead Marketers Inc. may suspend or terminate services if you fail to pay amounts owed, breach these Terms, do not provide required information, delay the project, misuse our services, engage in abusive or unlawful conduct, request work that violates platform policies or laws, or if continuing the relationship creates legal, reputational, technical, financial, or operational risk.
If services are terminated, you remain responsible for all amounts owed up to the termination date.
Upon termination, your website may be deactivated, removed from our website launch system, or permanently deleted according to the cancellation, source code, and non-payment terms stated above.
52. No Professional Advice
Egghead Marketers Inc. provides marketing, website, creative, and digital services.
We do not provide legal, financial, tax, accounting, medical, regulatory, accessibility, privacy, insurance, investment, or professional compliance advice.
Any information provided by Egghead Marketers Inc. is for general business and marketing purposes only.
You should consult qualified professionals for advice specific to your business, industry, claims, legal obligations, privacy obligations, tax obligations, accessibility obligations, or regulated services.
53. Disclaimer of Warranties
Except where expressly stated in writing, services are provided on an “as is” and “as available” basis.
Egghead Marketers Inc. does not warrant that services will be uninterrupted, error-free, secure, fully compatible with every third-party platform, or capable of producing any particular business result.
Egghead Marketers Inc. does not guarantee sales, leads, revenue, rankings, traffic, conversions, advertising performance, account approvals, platform approvals, search engine placement, website uptime, or uninterrupted access to third-party tools.
54. Limitation of Liability
To the maximum extent permitted by law, Egghead Marketers Inc. will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages.
This includes loss of profits, loss of revenue, loss of business, loss of data, loss of goodwill, website downtime, advertising losses, missed opportunities, business interruption, platform restrictions, account suspensions, or third-party service issues.
To the maximum extent permitted by law, Egghead Marketers Inc.’s total liability for any claim related to the services will not exceed the amount you paid to Egghead Marketers Inc. for the specific service giving rise to the claim during the three months before the claim arose.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
55. Indemnification
You agree to defend, indemnify, and hold harmless Egghead Marketers Inc., its owners, employees, contractors, partners, vendors, and service providers from any claims, losses, damages, liabilities, costs, or expenses arising from:
- Your business, products, services, claims, offers, guarantees, or customer experience
- Your website content, ads, funnels, testimonials, reviews, or approved materials
- Your breach of these Terms
- Your violation of laws, regulations, or platform policies
- Materials, data, or information you provide, approve, request, or instruct us to use
- Your use of third-party tools, accounts, platforms, or integrations
- Claims that your content infringes another party’s rights
- Your failure to obtain required consent for marketing, email, SMS, lead capture, or personal information
56. Force Majeure
Egghead Marketers Inc. is not responsible for delays or failure to perform caused by events outside our reasonable control.
This may include natural disasters, internet outages, platform outages, hosting issues, cyberattacks, labour disruptions, illness, power outages, government actions, payment processor issues, supply chain issues, third-party service failures, or other events outside our reasonable control.
57. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without written permission from Egghead Marketers Inc.
Egghead Marketers Inc. may assign or transfer these Terms as part of a merger, acquisition, business sale, restructuring, or transfer of assets.
58. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect.
The invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable, or removed if modification is not possible.
59. Entire Agreement
These Terms, together with any checkout page, sales page, invoice, proposal, statement of work, or written agreement connected to your purchase, contain the entire understanding between the parties regarding the services.
There are no representations, warranties, promises, or agreements other than those expressly stated in the applicable written documents.
60. Electronic Acceptance
You agree that purchasing a service, paying an invoice, checking an acceptance box, submitting a form, booking a service, signing electronically, or using our services may constitute acceptance of these Terms.
Electronic records, signatures, approvals, payment confirmations, and communications may be used to show acceptance of these Terms and related agreements.
61. Changes to These Terms
Egghead Marketers Inc. may update these Terms from time to time.
The updated version will be posted on our website with a new effective date or last updated date.
Your continued use of our services after changes are posted means you accept the updated Terms.
If changes materially affect an active paid service, we will make reasonable efforts to notify you.
62. Governing Law
These Terms are governed by the laws of the Province of Alberta and the applicable federal laws of Canada.
Any dispute will be handled through the courts or applicable legal processes available in Alberta, unless another process is required by law.
Nothing in these Terms limits any rights you may have under applicable consumer protection laws.
63. Contact Information
Questions about these Terms can be sent to Egghead Marketers Inc. at:
Egghead Marketers Inc.
855 Homer St #300, Vancouver, BC V6B 2W2
Email: team@eggheadmarketers.ca
Website: www.eggheadmarketers.ca