Terms of Service

These Terms of Service ("Terms") govern your use of the website at marketedgeagency.com and the services provided by Market Edge Agency ("Agency," "we," "us," or "our"). By accessing the website or engaging our services, you agree to these Terms.

If you do not agree, do not use our website or services.

1. Who we are

Market Edge Agency is a marketing agency based in Quebec, Canada, providing marketing, advertising, analytics, and creative services to businesses.

2. Services

We offer marketing services that may include, without limitation: paid media management (Meta, Google, TikTok, and other platforms), creative production, analytics and reporting, SEO, conversion optimization, and strategic consulting.

The specific services, deliverables, fees, and timelines for each engagement are defined in a separate Statement of Work, Proposal, or Service Agreement ("Engagement Agreement"). In the event of a conflict between these Terms and an Engagement Agreement, the Engagement Agreement prevails.

3. Website use

You may use marketedgeagency.com for lawful purposes only. You agree not to:

• Use the site in any way that violates applicable laws or regulations
• Attempt to gain unauthorized access to any part of the site or our systems
• Interfere with the site's operation or security
• Scrape, mirror, or reproduce the site without our written permission
• Use the site to transmit malicious code or harmful content

4. Client responsibilities

If you engage us as a client, you are responsible for:

• Providing accurate, complete information necessary to perform the services
• Obtaining all rights, licenses, and consents needed for us to use materials you provide (logos, photos, copy, customer lists, etc.)
• Granting and maintaining the platform access we require (e.g., Meta Business Manager access, Google Ads access)
• Reviewing deliverables and providing timely feedback
• Paying fees as set out in your Engagement Agreement
• Complying with all platform terms (Meta, Google, etc.) that apply to your advertising

You represent that you have the authority to enter into agreements with us and that materials you provide do not infringe any third party's rights.

5. Fees and payment

Fees, payment terms, and refund policies (if any) are set out in your Engagement Agreement. Unless otherwise specified:

• Invoices are payable within 15 days of issue.
• Late payments may incur interest at the maximum rate permitted by law.
• We may suspend services for non-payment after written notice.
• Media spend (e.g., paid to Meta or Google) is separate from our service fees and is typically billed directly to your account or invoiced separately.

6. Intellectual property

6.1 Our materials

Our website, methodologies, frameworks, internal tools, templates, and pre-existing materials are and remain our property. Nothing in these Terms transfers ownership of our intellectual property to you.

6.2 Client materials

You retain ownership of all materials you provide to us (brand assets, customer data, etc.). You grant us a non-exclusive, royalty-free license to use those materials as necessary to perform the services.

6.3 Deliverables

Upon full payment for an engagement, you receive ownership of (or a perpetual license to use, as specified in your Engagement Agreement) the final deliverables produced specifically for you (e.g., ad creative, copy, reports). We retain the right to use anonymized, non-identifying performance data and methodology learnings to improve our services.

6.4 Portfolio and case studies

Unless your Engagement Agreement states otherwise, we may reference the fact that you are a client and use anonymized or approved case studies for marketing purposes.

7. Confidentiality

Each party agrees to keep the other party's confidential information confidential and use it only to perform under these Terms or the Engagement Agreement. Confidential information does not include information that is public, independently developed, or rightfully obtained from a third party.

8. Third-party platforms

Our services rely on third-party platforms (Meta, Google, TikTok, Hyros, etc.) that we do not control. We are not responsible for:

• Platform outages, policy changes, account suspensions, or fee changes
• The accuracy of platform-reported metrics or attribution
• Decisions made by platforms regarding your account (e.g., ad disapprovals)

We will use commercially reasonable efforts to work around platform issues and to notify you promptly when they affect your services.

9. Disclaimers

To the maximum extent permitted by law:

• The website and services are provided "as is" and "as available."
• We make no warranties (express or implied) regarding specific results, return on ad spend, conversion rates, traffic volume, or business outcomes. Marketing results depend on many factors outside our control.
• We do not guarantee uninterrupted or error-free operation of the website.

10. Limitation of liability

To the maximum extent permitted by law:

• Our total aggregate liability for any claim arising out of or related to these Terms or an Engagement Agreement is limited to the fees you have paid us in the three (3) months preceding the event giving rise to the claim.
• We are not liable for indirect, incidental, consequential, special, or punitive damages (including lost profits, lost data, or business interruption), even if advised of the possibility of such damages.

These limitations apply regardless of the legal theory of the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Market Edge Agency, its officers, employees, and contractors from any claims, damages, or expenses (including reasonable legal fees) arising out of:

• Your breach of these Terms or an Engagement Agreement
• Your violation of any law or third party's rights
• Materials or instructions you provide to us
• Your use of deliverables in ways outside the agreed scope

12. Termination

Either party may terminate an engagement as set out in the Engagement Agreement. Unless otherwise stated:

• Either party may terminate for material breach with 15 days' written notice if the breach is not cured.
• You will pay for services performed up to the effective date of termination.
• Provisions of these Terms that by their nature should survive termination (e.g., confidentiality, IP, limitations of liability) will survive.

13. Governing law and disputes

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Any dispute arising out of or related to these Terms or our services will be brought exclusively in the courts of Quebec, Canada, and you consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

14. Force majeure

Neither party is liable for delays or failures in performance caused by events beyond its reasonable control (acts of God, war, pandemic, internet outages, government action, etc.).

15. Changes to these Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last updated" date. For active clients, material changes will be communicated by email. Continued use of the website or services after changes take effect constitutes acceptance.

16. General

• Entire agreement: These Terms, together with your Engagement Agreement and our Privacy Policy, form the entire agreement between you and us regarding the services.
• Severability: If any provision is held unenforceable, the rest remains in effect.
• Waiver: Failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a business transfer.
• Notices: Notices to us should be sent to analytics@marketedgeagency.com.

17. Contact

Market Edge Agency
Email: analytics@marketedgeagency.com
Website: https://marketedgeagency.com