Effective Date: January 7, 2026
Website: https://byheartcreative.com
Business Name: ByHeart Creative
Contact Email: [email protected]
Jurisdiction: Ontario, Canada
1. Introduction and Acceptance of Terms
These Terms and Conditions (“Terms”) govern your access to and use of the website byheartcreative.com (the “Website”) and the digital marketing services provided by ByHeart Creative (“we,” “us,” or “our”).
By accessing this Website, submitting an inquiry, or purchasing our services, you confirm that you have read, understood, and agree to be legally bound by these Terms. If you do not agree, you must not use the Website or our services.
2. Eligibility
You must be at least 18 years of age and have the legal authority to enter into a binding contract to use our Website and services. By using our services on behalf of a business, you represent that you have the authority to bind that business to these Terms.
3. Description of Services
ByHeart Creative provides digital marketing services for small businesses, which may include but are not limited to:
- Branding and creative services
- Social media management
- Advertising and campaign management
- Website and content-related services
- Marketing strategy and consulting
Specific services, deliverables, timelines, and pricing will be outlined in written proposals, service agreements, or invoices agreed upon separately. Those documents form part of these Terms by reference.
4. No Guarantee of Results
While we apply professional expertise and commercially reasonable efforts, ByHeart Creative does not guarantee specific outcomes, including but not limited to increased revenue, leads, sales, search rankings, or advertising performance. Digital marketing results depend on multiple external factors beyond our control.
5. Client Responsibilities
You agree to:
- Provide accurate, complete, and timely information required to perform services
- Obtain all necessary rights, licenses, and permissions for content you provide
- Review and approve deliverables within agreed timelines
- Comply with applicable laws, platform policies, and advertising regulations
Delays or failures caused by incomplete or inaccurate information may affect timelines and outcomes and are not the responsibility of ByHeart Creative.
6. Fees, Payments, and Taxes
6.1 Fees
All fees are quoted in Canadian Dollars (CAD) unless otherwise stated. Pricing will be specified in proposals or invoices.
6.2 Payment Terms
- Payments are due as stated on the invoice
- Late payments may result in suspension of services
- We reserve the right to charge late fees or interest as permitted by law
6.3 Taxes
You are responsible for all applicable taxes, including GST/HST or other governmental charges, unless explicitly stated otherwise.
7. Refunds and Cancellations
Due to the customized and service-based nature of digital marketing services:
- All payments are non-refundable, unless otherwise stated in writing
- You may cancel ongoing services by providing written notice in accordance with your service agreement
- Fees for work already completed or in progress remain payable
8. Intellectual Property Rights
8.1 Our Intellectual Property
All materials, methodologies, templates, strategies, tools, designs, and content developed by ByHeart Creative remain our intellectual property unless explicitly transferred in writing.
8.2 Client Materials
You retain ownership of materials you provide to us. By providing such materials, you grant us a non-exclusive, royalty-free license to use them solely for the purpose of delivering services.
8.3 License to Deliverables
Upon full payment, you are granted a limited, non-transferable license to use final deliverables for their intended business purpose, unless otherwise agreed in writing.
9. Confidentiality
Both parties agree to keep confidential any non-public, proprietary, or sensitive information disclosed during the course of the business relationship, unless disclosure is required by law or permitted in writing.
10. Third-Party Platforms and Services
Our services may involve third-party platforms such as social media networks, advertising platforms, analytics tools, or hosting providers. We are not responsible for:
- Changes to third-party policies, algorithms, or pricing
- Platform outages or account suspensions
- Actions taken by third-party service providers
Your use of third-party platforms is subject to their respective terms and conditions.
11. Website Use and Prohibited Activities
You agree not to:
- Use the Website for unlawful purposes
- Attempt to gain unauthorized access to systems or data
- Introduce malware, viruses, or harmful code
- Copy, reproduce, or exploit Website content without permission
We reserve the right to restrict or terminate access for violations.
12. Disclaimer of Warranties
The Website and services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
13. Limitation of Liability
To the maximum extent permitted by law:
- ByHeart Creative shall not be liable for indirect, incidental, consequential, or punitive damages
- Our total liability for any claim shall not exceed the total amount paid by you for the services giving rise to the claim
This limitation applies regardless of the legal theory asserted.
14. Indemnification
You agree to indemnify and hold harmless ByHeart Creative from any claims, damages, losses, liabilities, or expenses arising from:
- Your breach of these Terms
- Content you provide
- Your misuse of the Website or services
- Violation of any law or third-party rights
15. Termination
We may suspend or terminate services or Website access immediately if you breach these Terms, fail to make payment, or engage in unlawful or harmful conduct. Termination does not relieve you of payment obligations accrued prior to termination.
16. Governing Law and Jurisdiction
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. You agree to submit to the exclusive jurisdiction of the courts located in Ontario, Canada.
17. Force Majeure
We shall not be liable for failure or delay in performance caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, internet outages, or third-party service failures.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and ByHeart Creative regarding use of the Website and services.
20. Changes to These Terms
We may update these Terms from time to time. Updated versions will be posted on this page with a revised effective date. Continued use of the Website or services constitutes acceptance of the updated Terms.
21. Contact Information
For questions or concerns regarding these Terms and Conditions, please contact:
ByHeart Creative
Ontario, Canada
Email: [email protected]