Terms and Conditions
Introduction
These Terms and Conditions (“Terms”) govern your use of the Found First Marketing Inc. website (the “Website”) and the services offered by Found First Marketing Inc. (“Found First Marketing,” “we,” “us,” or “our”). By accessing our Website or using our services, you agree to these Terms. If you do not agree with these Terms, please do not use our Website or services.
1. Services
1.1 Service Description
Found First Marketing provides digital marketing services, including but not limited to search engine optimization (SEO), website design and development, content creation, link building, Google Ads management, and eCommerce SEO.
1.2 Service Agreements
All specific services provided by Found First Marketing require a separate Service Agreement that outlines the scope of work, deliverables, timeline, and compensation. These Terms supplement any Service Agreement between you and Found First Marketing.
1.3 No Guarantees
While we strive to deliver excellent results, Found First Marketing cannot and does not guarantee specific outcomes, including but not limited to: search engine rankings, traffic increases, conversion rates, or revenue growth. Digital marketing results depend on numerous factors, many of which are beyond our control.
2. Client Responsibilities
2.1 Cooperation
Clients must provide timely cooperation, information, and access necessary for Found First Marketing to perform services effectively. This may include access to websites, analytics accounts, content management systems, and other relevant platforms.
2.2 Content and Materials
Clients are responsible for providing accurate information, content, and materials required for service delivery. Found First Marketing is not liable for delays or deficiencies resulting from incomplete or inaccurate information provided by clients.
2.3 Compliance with Laws
Clients are responsible for ensuring that their business, website, products, services, and content comply with all applicable laws and regulations. Found First Marketing reserves the right to refuse service for projects that involve illegal activities or content.
3. Payment Terms
3.1 Fees and Expenses
Clients agree to pay all fees and expenses as outlined in their Service Agreement. All prices are quoted in US Dollars unless otherwise specified.
3.2 Payment Schedule
Payment schedules are specified in individual Service Agreements. For recurring services, payment is typically due at the beginning of each service period. For website development projects, a deposit is required before work begins, with the balance due upon completion.
3.3 Late Payments
Late payments may incur a late fee as specified in the Service Agreement. Found First Marketing reserves the right to suspend services until payment is received. Suspended services may result in decreased performance or visibility.
3.4 Taxes
Clients are responsible for all applicable taxes in addition to the fees for services, except for taxes on Found First Marketing’s income.
4. Intellectual Property
4.1 Client Materials
Clients retain all rights to their pre-existing materials, content, trademarks, and other intellectual property provided to Found First Marketing for the purpose of performing services.
4.2 Work Product
Upon full payment of all applicable fees, clients receive a non-exclusive, worldwide license to use the work product created by Found First Marketing specifically for that client. Found First Marketing retains ownership of all proprietary tools, methods, techniques, and processes used to create the work product.
4.3 Portfolio Rights
Found First Marketing reserves the right to display and link to client websites and work products as part of our portfolio and case studies, unless explicitly prohibited in the Service Agreement.
5. Confidentiality
5.1 Client Information
Found First Marketing will maintain the confidentiality of all sensitive client information and will not disclose such information to third parties without consent, except as required by law or as necessary to perform our services.
5.2 Proprietary Information
Clients agree not to disclose Found First Marketing’s proprietary information, including but not limited to methodologies, strategies, processes, and pricing structures.
6. Term and Termination
6.1 Term
The term of service is specified in the Service Agreement. For ongoing services, an initial commitment period may be required, after which services continue on a month-to-month basis unless terminated by either party.
6.2 Termination by Client
Clients may terminate services by providing written notice according to the terms in their Service Agreement, typically requiring 30 days’ notice after the initial commitment period.
6.3 Termination by Found First Marketing
Found First Marketing reserves the right to terminate services immediately if:
- Client fails to make timely payments
- Client breaches these Terms or the Service Agreement
- Client requests services that would violate laws or regulations
- Found First Marketing determines that continuing services would pose reputational, legal, or ethical risks
6.4 Effect of Termination
Upon termination, client remains responsible for payment of all fees for services performed up to the termination date. Recurring service fees will be prorated based on the termination date.
7. Limitation of Liability
7.1 Maximum Liability
Found First Marketing’s maximum liability arising out of or related to these Terms or any Service Agreement shall not exceed the total amount paid by the client in the six (6) month period preceding the event giving rise to such liability.
7.2 Exclusion of Damages
In no event shall Found First Marketing be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption.
7.3 Third-Party Services
Found First Marketing is not liable for the performance or non-performance of third-party services, products, or platforms that we recommend or integrate with as part of our services.
8. Indemnification
Clients agree to indemnify and hold harmless Found First Marketing, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or related to client’s use of our services, client materials, or client’s breach of these Terms or any Service Agreement.
9. Website Usage
9.1 Acceptable Use
You agree to use our Website only for lawful purposes and in accordance with these Terms. You agree not to use our Website:
- In any way that violates applicable laws or regulations
- To transmit or procure the sending of any advertising or promotional material, including spam
- To impersonate or attempt to impersonate Found First Marketing or any person or entity
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website
9.2 Website Accuracy
Found First Marketing strives to keep Website information accurate and up-to-date but makes no warranties about the completeness, reliability, or accuracy of such information.
10. Modifications
10.1 Modification of Terms
Found First Marketing reserves the right to modify these Terms at any time. Updated Terms will be posted on the Website with a revised effective date. Your continued use of the Website or services following the posting of revised Terms constitutes acceptance of those changes.
10.2 Modification of Services
Found First Marketing reserves the right to modify, suspend, or discontinue any part of our services or Website without notice or liability.
11. General Provisions
We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Last Updated” date at the bottom of this page. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.
11.1 Governing Law
These Terms and any disputes relating to these Terms or the services provided by Found First Marketing shall be governed by the laws of the State of Arizona, without regard to its conflict of law principles.
11.2 Dispute Resolution
Any dispute arising from or relating to these Terms or our services shall first be attempted to be resolved by good faith negotiation. If negotiation fails, the dispute shall be submitted to mediation before resorting to arbitration or litigation.
11.3 Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
11.4 No Waiver
The failure of Found First Marketing to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11.5 Entire Agreement
These Terms, together with the Service Agreement and Privacy Policy, constitute the entire agreement between you and Found First Marketing regarding your use of our Website and services.
12. Contact Information
If you have any questions about these Terms, please contact us at:
Found First Marketing
1201 Winnipeg Street
Regina, SK S4R 1K1
Phone: (639) 997-1440
Last Updated: 04/20/2025