Terms of Service

These terms govern your use of nexomarketing.ca and any services you purchase from Nexo Marketing ("Nexo", "we", "us"). By using the site or engaging our services, you agree to them. If something here doesn't work for your engagement, we can address it in a written proposal. A signed proposal prevails over these terms where they conflict.

1. Our services

We provide done-for-you email and SMS marketing: strategy, copywriting, design, technical setup, automations, and campaign management. The exact scope, deliverables, and pricing for your engagement are set out in your proposal or invoice.

2. Payment upfront

• All fees are billed in advance. Work begins once payment is received in full, not before.
• Ongoing engagements are billed at the start of each billing period. If a payment isn't received by its due date, work pauses until it is.
• Fees for a billing period in which work has started are non-refundable. If we haven't started your work yet, you can cancel for a full refund.
• Prices are in Canadian dollars unless stated otherwise, plus applicable taxes.

3. No long-term contracts

Ongoing engagements run month to month. Either of us can end the engagement with written notice before the next billing period. No cancellation fees; the current paid period runs to its end.

4. Approvals & revisions

You review and approve emails before they send. We include reasonable revisions within scope; feedback given within the agreed review window keeps your schedule on track. If you don't respond within the review window stated in your proposal, we may treat the deliverable as approved or shift the schedule accordingly.

5. Your responsibilities

• You own (or have the right to use) the subscriber lists, brand assets, and materials you give us.
• Your lists must consist of contacts who consented to receive your messages, as required by CASL and other applicable laws. We won't send to purchased or scraped lists.
• Product claims, pricing, and offer details you approve are your responsibility to keep accurate and lawful.
• You'll provide timely access to the accounts and information we need to do the work.

6. Ownership

Once a billing period is paid in full, the deliverables we created for you in that period (copy, designs, automations) are yours. Your subscriber list is always yours. We keep the right to our pre-existing tools, templates, and know-how, and to show the work in our portfolio. We'll ask first if the work is sensitive.

7. Confidentiality

We keep your non-public business information confidential and use it only to deliver the services. Same goes both ways for anything we share with you about how we work.

8. No guaranteed results

Numbers on our site reflect real past client results. They are not a promise of yours. Revenue depends on your list, offer, product, and market. We commit to the work and the craft, not to a specific revenue figure.

9. Liability

To the maximum extent permitted by law, our total liability for any claim arising from the services is limited to the fees you paid us in the three months before the claim arose, and neither of us is liable to the other for indirect or consequential damages (lost profits, lost data, etc.). Nothing here limits liability that can't be limited by law.

10. Governing law & changes

These terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. We may update these terms; continued use of the site or services after an update means you accept the new version. Questions: hello@nexomarketing.ca.