Terms and Conditions

 1. Definitions

This document constitutes a legal agreement between Vitalix Digital Marketing Agency, henceforth referred to as "Vitalix," and the "Client," pertaining to website design or development, SEO, and PPC services. These Terms and Conditions delineate the terms under which the Client may utilize the services provided. Vitalix specializes in Internet web design, SEO, and Online Advertising, offering graphical design, web design, printed materials, HTML, CSS, JavaScript, and related computer programming languages.

2. Contract Initiation

Upon the Client's order placement for website, SEO, PPC website updates, or other services from Vitalix, the order represents an offer to Vitalix, which is accepted only upon the issuance of an invoice to the Client. The invoice signifies acceptance by Vitalix (or third-party supplier) of the Client's offer to procure services from Vitalix, constituting a valid contract between Client and Vitalix, regardless of whether the Client receives the invoice. The contract is deemed accepted by the Client upon the first payment. Vitalix retains the right to withdraw from the contract at any point.

3. Projects

Approval of Work: Upon completion of the Work, the Client will be notified and given the opportunity to review it. The Client should notify Vitalix in writing (email) of any unsatisfactory points within 7 days of receipt of such notification. The Client is entitled to 3 rounds of revisions after the initial presentation of work within the agreed-upon scope. Any work not reported as unsatisfactory within the 7-day review period will be deemed approved. Once approved, or deemed approved, work cannot subsequently be rejected, and the contract will be deemed completed.

Rejected Work: Vitalix will endeavor to address any points raised by the Client as unsatisfactory within the initial scope of work agreed upon, without counting towards the revision hours. If the Client rejects the Work within the review period or refuses to approve subsequent Work, and Vitalix deems the Client's rejection unreasonable, the contract will be considered expired, and Vitalix may pursue legal measures to recover payment for completed Work and associated expenses. The deposit/design fee will be retained by Vitalix in such cases.

Alterations/Changes: All alterations must be requested in writing by email. After the specified allowed hours of alterations, Vitalix reserves the right to advise the Client accordingly and provide a separate quotation for further alterations. The Client agrees that any further design alterations post-live launch will incur additional charges as per the price list.

Information Required from the Client: The Client agrees to provide all necessary information and content to Vitalix in a timely manner to facilitate the completion of the project. Failure to do so within 30 days from the initial invoice date may result in cancellation of the project without refund.

4. Payment Terms

• All prices quoted are prior to GST charges.
• Invoices must be paid in full within 5 days of the invoice date for work to commence, unless otherwise agreed upon by Vitalix.
• Additional work not specified in the original quotation is subject to a separate quotation and may affect project timelines.
• All payments are non-refundable and must be received before work commences.
• Recurring payments will be set up using Stripe secure online payment.
• Vitalix reserves the right to decline further work on a project if there are outstanding invoices or previous issues with the Client.

5. Permission and Copyright

• Client confirms ownership or appropriate permission for all media and content provided to Vitalix for the project.
• Client agrees that Vitalix may include the work done for the Client in its portfolio.

6. Domain Names and Hosting

• Client assumes legal responsibility for third-party domain name, hosting, and email services and agrees to indemnify Vitalix from any related claims.

7. Web Browsers

• Vitalix strives to ensure sites are designed to be viewed by the majority of visitors but cannot guarantee functionality across all browsers.
• Changes in browser software, domain name setup, or hosting setup may affect site functionality, for which Vitalix may quote additional work.

8. Liability and Warranty Disclaimer

• Vitalix endeavors to provide services within agreed timeframes but is not liable for claims, losses, or costs incurred due to any delays.
• Vitalix is not liable for service disruptions due to reasons beyond its control.
• Vitalix is not liable for financial losses resulting from services provided.
• Client assumes responsibility for file functionality post-handover.
• Vitalix will correct errors in its code free of charge but reserves the right to quote separately for additional work necessitated by changes to browser software, domain name setup, or hosting setup.

9. Non-Disclosure

• Vitalix and any third-party associates agree not to disclose confidential information unless directed by the Client, and vice versa.

10. Interpretation

• Vitalix reserves the right to terminate a project if the Client breaches these terms and conditions, with all payments being non-refundable.
• This agreement is governed by the laws of Canada, with jurisdiction in Canadian courts, and is void where prohibited by law.

11. Compliance with Laws

• Both parties agree to adhere to the laws of Canada and Alberta.

12. Agreement Purpose

• The purpose of this agreement aims to deliver digital marketing services to the customer.

13. Monthly Subscriptions and Cancellations

• Customers with monthly subscriptions will transition to a rolling monthly contract post the initial investment. Cancellation is permitted with a 30-day notice.
• Failure to pay subscription fees without notice may result in a higher monthly rate upon resumption.

14. SEO and Marketing Packages

• All SEO and marketing packages require a 3-month commitment for effective strategy implementation, adaptation to algorithm updates, and data collection for informed adjustments.

15. Paid Advertising

• Paid Advertising packages exclude ad spend. At Vitalix Digital Marketing, we prioritize fairness and transparency in our pricing model. By excluding ad spend from our packages, we ensure that clients only pay for the services they receive. This approach prevents clients from overpaying for services they didn't fully utilize if their campaigns didn't generate as many clicks or conversions as anticipated. It empowers clients to have full control over their advertising budget, allowing them to allocate funds where they see the most value and adjust spending based on campaign performance. Our commitment is to provide our clients with maximum flexibility and value, ensuring they get the most out of their marketing investment. We recommend budgeting a minimum ad spend that matches your ads management cost. This recommendation may vary depending on the platform you are choosing to advertise on. For example, a recommended budget for a $600 Ads Management Fee would be to match it with a $600 Ad Spend Budget.

16. Promotion Terms

• Monthly recurring payments will remain at the discounted rate as long as the subscription is active. Cancellation or missed payments may void the discounted rate.
• Promotion is subject to change or termination at Vitalix’s discretion.

17. Role of Vitalix Digital Marketing

Vitalix Digital Marketing's role is strictly as a marketing supplier, with no responsibility or involvement in the customer's business beyond this context.

These terms and conditions constitute the agreement between Vitalix and the Client, superseding any prior agreements or understandings.