Legal

# Terms and Conditions

Last updated: June 1, 2025 · Digital Marketing With Dave · Southwestern Ontario, Canada

Please read these Terms and Conditions ("Terms") carefully before using any services provided by Digital Marketing With Dave ("Dave," "we," "us," or "our"). By engaging our services, signing a service agreement, or using our website at https://digitalmarketingwithdave.com, you agree to be bound by these Terms.

## 1. Services

Digital Marketing With Dave provides local digital marketing services to small and medium-sized businesses primarily located in Southwestern Ontario, Canada. Services may include, but are not limited to:

- Google Business Profile optimization and management
- Reputation and review management
- Citation building and directory management
- GBP posting and content creation
- Website design and development on the GoHighLevel platform
- Landing page design and conversion optimization
- A/B testing and conversion tracking
- AI voice agent setup and management
- Automated SMS and email marketing sequences
- Lead nurturing workflows
- Database reactivation campaigns
- Reporting, analytics, and strategy consulting

The specific services provided to you will be outlined in your individual service agreement or proposal. These Terms apply to all services unless otherwise specified in writing.

## 2. Service Agreements and Billing

### 2.1 Monthly Retainer Services

Most services are provided on a monthly retainer basis. By agreeing to a service proposal or signing a service agreement, you authorize recurring monthly billing at the rate specified in your agreement.

### 2.2 Billing Cycle

Services are billed monthly in advance. Your billing cycle begins on the date your service agreement is confirmed and payment is received. Subsequent monthly payments are due on the same date each month unless otherwise agreed in writing.

### 2.3 Payment Methods

We accept payment by credit card, debit card, and electronic funds transfer (EFT). Payment details are stored and processed securely through our payment processor. By providing payment information, you authorize us to charge your payment method for agreed services.

### 2.4 Late Payments

Services may be paused or suspended if payment is not received within 7 days of the due date. We will make reasonable efforts to contact you before suspending services. Reinstatement of suspended services may be subject to a setup fee.

### 2.5 Price Changes

We reserve the right to adjust pricing with 30 days' written notice. Continued use of services after the effective date of a price change constitutes acceptance of the new pricing.

## 3. Cancellation and Termination

### 3.1 Client Cancellation

You may cancel services by providing written notice (email is acceptable) at least 30 days before your next billing date. Services and access will continue through the end of the paid period. No refunds are provided for partially used monthly periods.

### 3.2 Termination by Us

We reserve the right to terminate services immediately if:

- Payment remains outstanding beyond 14 days of the due date;
- You provide false or misleading information in connection with our services;
- You request or require us to engage in activities that violate applicable laws, platform terms of service, or our policies;
- Your conduct toward our team is abusive, threatening, or harassing.

### 3.3 Effect of Termination

Upon termination, your access to any systems, accounts, or platforms managed on your behalf will be transitioned or returned to you within 14 days. We will make reasonable efforts to ensure a smooth transition of assets including GBP access, GoHighLevel accounts, and any other platforms managed under your engagement.

## 4. Client Responsibilities

To enable us to deliver effective services, you agree to:

- Provide accurate and complete information about your business, services, and service area;
- Grant timely access to platforms, accounts, and tools required to perform the services;
- Review and approve deliverables (copy, designs, campaigns) within a reasonable timeframe;
- Notify us promptly of any changes to your business information, service offerings, or target area;
- Comply with all applicable laws, including Canada's Anti-Spam Legislation (CASL), when using automated messaging services we set up on your behalf.

Delays caused by failure to fulfill these responsibilities may affect timelines and deliverable quality. We are not liable for performance issues resulting from delayed or incomplete client cooperation.

## 5. Intellectual Property

### 5.1 Our Content

All strategies, methodologies, templates, and proprietary systems developed by Digital Marketing With Dave remain our intellectual property. You receive a limited licence to use deliverables (copy, designs, workflows) created for your business during the active service period.

### 5.2 Your Content

You retain ownership of all content, brand assets, and business information you provide to us. By providing this content, you grant us a non-exclusive licence to use it solely for the purpose of delivering your services.

### 5.3 GoHighLevel Platform

Websites, landing pages, and automation workflows built on the GoHighLevel platform are subject to GoHighLevel's terms of service. Upon termination of services, we will facilitate transfer of your GoHighLevel account or provide reasonable access to your assets.

## 6. Results and Guarantees

Digital marketing results — including Google rankings, review counts, lead volumes, and conversion rates — are influenced by many factors outside our direct control, including Google algorithm changes, market competition, and customer behaviour. We do not guarantee specific rankings, lead volumes, or revenue outcomes.

We commit to applying best practices, transparent reporting, and continuous optimization to deliver the strongest possible results within your market. Our monthly reports will accurately reflect actual performance data.

## 7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive business information shared in connection with the service engagement. This obligation survives termination of the service agreement. We will not share your business data, customer information, or campaign performance with third parties without your written consent, except where required by law.

## 8. Limitation of Liability

To the maximum extent permitted by applicable Canadian law, Digital Marketing With Dave shall not be liable for:

- Indirect, incidental, special, or consequential damages;
- Loss of revenue, profits, or business opportunities;
- Damages resulting from third-party platform changes, outages, or policy updates (including Google, GoHighLevel, or Meta);
- Damages resulting from client-provided inaccurate information.

Our total liability in any matter related to the services shall not exceed the total amount paid by you in the three months preceding the event giving rise to the claim.

## 9. Anti-Spam Compliance (CASL)

Where we set up or manage SMS and email marketing sequences on your behalf, you are responsible for ensuring that your contact lists comply with Canada's Anti-Spam Legislation (CASL). This includes maintaining records of consent and honouring opt-out requests promptly. We will configure automation systems with opt-out mechanisms and will not knowingly send messages to contacts who have unsubscribed. You agree to indemnify us against any CASL-related claims arising from your contact list or instructions provided to us.

## 10. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada.

## 11. Changes to These Terms

We may update these Terms from time to time. We will notify active clients of material changes by email at least 14 days before the effective date. Continued use of our services after that date constitutes acceptance of the updated Terms. The most current version of these Terms will always be available at https://digitalmarketingwithdave.com/terms-and-conditions.

## 12. Contact

For questions about these Terms, please contact us:

Digital Marketing With Dave
Serving Southwestern Ontario, Canada
📧 [email protected]
📞 226-378-4199
🌐 https://digitalmarketingwithdave.com