Please read these terms of service (“terms”, “terms of service”) carefully before using speerscreative.ca website (the “service”) operated by Speers Creative Inc. (“us”, ‘we”, “our”).
We will provide their services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
Before you continue using our website we advise you to read our privacy policy https://speerscreative.ca/privacy-policy/ regarding our user data collection. It will help you better understand our practices.
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Speers Creative Inc. and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Speers Creative Inc., with copyright authorship for this compilation by Speers Creative Inc.
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
By visiting this website, you agree that the laws of Ontario & Canada, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Speers Creative Inc. and you, or its business partners and associates.
Success in business & eCommerce relies on many factors, often combined, including your product/services, price point, market demand, advertising, general business skills & experience, persistence and other factors.
Although we do stand by our products and services, Speers Creative Inc. cannot guarantee that your business will achieve the results desired.
Please also bear in mind, since our service does not drive traffic or leads to your site, you may be required to invest into additional advertising services to bring potential customers to your online sales channel.
All sales are final unless otherwise noted.
Please read and make sure you fully understand our refund policy prior to making a payment.
Speers Creative Inc. operates as a business and we expect clients to understand and respect our policies. Our goal as an internet marketing company is to bring the highest value to our clients, and in order to help us in that pursuit, we need to cover expenses and fuel our operations. Therefore, we require payments to be made on time with respect to the services offered to the client.
THIS IS OUR REFUND AND CANCELLATION POLICY AND BY HIRING SPEERS CREATIVE INC. FOR SERVICES, YOU ARE BOUND BY THIS AGREEMENT AND YOU AGREE TO ABIDE BY OUR POLICIES.
Web Development/eCommerce Development
Web/eCommerce design and development projects require extensive resources, consume our time and incur internal expenses. Therefore once a payment or deposit is made, it is non-refundable. If a project gets canceled, delayed or postponed by the CLIENT, then all money paid will be retained by SPEERS CREATIVE INC. and if applicable, an additional cost will be charged to the CLIENT for all work completed beyond what was already paid for. No exceptions.
Search Engine Optimization, Social Media Marketing, & Internet Marketing
Payments for Search Engine Optimization, Social Media Marketing or any of our Internet Marketing services are non-refundable even if a fee was paid in advance. Once a payment or deposit is made, there are no exceptions to our refund policy.
Setup Fees:
Setup fees are applied directly to expenses incurred by Speers Creative Inc. in the setup phase of any SEO or Internet Marketing campaigns and are non-refundable.
Chargebacks:
We normally ask for a client’s credit card or payment info so that we can charge the client’s card for services provided or we may also send an invoice so that you can pay from your end. Claiming that you didn’t provide your card info or that you are not aware of such charges is illegal and fraudulent.
If any chargeback or payment dispute is caused by the client to a bank or credit card company, then client services and/or projects will be suspended and in some cases, all work will be undone (reversed) without notice. Furthermore, the amount of the chargeback fee will be issued to the client (to recover any fees passed on to us by the credit card company).
In Addition, any outstanding balances accrued as a result of the chargeback(s) will have to be paid in full before we restore service, deliver any files, or commence any work.
Requesting a chargeback or opening a dispute for a valid charge from us is fraud. Chargebacks are never a legal or appropriate means of obtaining a refund. All disputes will be challenged by our legal team with sufficient evidence from our records.
Website Hosting
All hosting payments whether present or past months are non-refundable. Web hosting accounts are set up from the date of your order and are allotted a limited amount of server resources depending on the plan you purchased.
If the client opens a hosting account but does not use it, payment will still be due. Hosting billing cycles continue until a cancellation notice is received in writing from the CLIENT.
Account Suspension
All hosting payments that are 15 days past due will trigger an account suspension. Hosting paid up to 12 months in advance and canceled before the expiration date will be refunded for the months not yet elapsed.
Speerscreative.ca reserves the right to disable and/or terminate a user’s account, services, or contract if a user is found in violation of our terms and policies. Termination due to policy violations will not be refunded.
Once we have begun service or labor on your project, accounts, orders, etc, we do not issue refunds for any reason.
All services are offered at the client’s own risk: no guarantees, no refunds, no exchanges, no credits.
Speers Creative Inc. and its affiliates, subsidiaries and vendors cannot and will not be responsible or liable for you monetary investment or loss in any way.
We do not know of a single PPC or digital advertisement provider that offers refunds on ads, clicks, budget, etc. Once you have spent money for ads on Google, Facebook, Twitter, LinkedIn, etc, you will almost certainly never see that money returned again, for any reason, no matter how compelling or justifiable your case may seem. The companies mentioned here are global titans, they and many others like them simply will not be swayed when it comes to refunding requests or service issues, including but not limited to loss of investment or loss of business or unexpectedly high charges for click costs and placements.
Our view is that business, advertising and marketing are all ventured as a form of risk, effort and resources are expended in the hope of gain, profit or desired results, but it is not uncommon for any or all of those endeavors to fail.
You should NOT spend any sum of money, no matter how great or small on services if you cannot afford to lose it entirely with no return, results, revenue or profit of any kind.
We absolutely do not guarantee results in any way.
Most professional marketers and marketing agencies do not guarantee results.
To re-phrase a quote from Frank Kern: “Your results will vary and depend on many factors … All business entails risk as well as massive and consistent effort and action. If you’re not willing to accept that, please DO NOT [contract with us for marketing services]”
Google forbids us from guaranteeing ranking or listing results and discourages uses from working with agencies who provide guarantees. For an example, see Google’s statement in this article which says “Beware of SEOs that claim to guarantee rankings“. The same principle applies to all other entities (ad platforms and publishers) and services (PPC, advertisements, email marketing, etc).
But don’t take our word for it. The best summary we’ve seen about the evils of a guarantee in the Marketing industry comes from this article on Forbes, where the author correctly writes in point #5 about the agency: “Making guarantees about something you cannot control carries inherent ethical problems” and about the client: “If you have to ask about a guarantee, you probably aren’t ready to be a client because you aren’t financially stable enough to make the investment” “Potential clients seeking guarantees raise two major red flags: a. their own credibility b. the nature of your relationship with them.” The article (by Josh Steimle) is excellent and we suggest you give it a thorough read. It is focused on SEO, but the exact same principles apply to PPC and all other forms of marketing: digital, online and offline. That article is based on a similar one by Rand Fishkin.
In short, we are in the business of working with our clients to improve their revenue and profitability, but the majority of the systems, corporations and people who come into play in a marketing, sales and business scenario are completely beyond our control.
Examples include, but are not limited to:
We offer this information as a best-effort suggestion to help you understand and control your rights and/or options.
No assurances, guarantees or warranties are provided concerning this information. Use at your own discretion. We encourage all users to fully educate and familiarize themselves with the implications, effects and risks of technology, online marketing and advertising, and internet use, especially as it pertains to business and your personal privacy, security, etc.
Speers Creative Inc. clients on an ongoing monthly marketing plan may cancel their plan, with 30 days prior written notice. Speers Creative Inc. does not refund partial month payments. Cancellation only applies after the 30-day cancellation waiting period is over. Clients will be charged for any work done during the 30 cancellation period. Speers Creative Inc. does not guarantee sales generated from any client advertising campaign.
We reserve the right for management to make exceptions and issue refunds or credits at their sole discretion only.
This refund policy is effective as of 2023-01-01.
We reserve the right to modify the terms of this privacy policy at any time and at our sole discretion, by posting the changes on this page. YOUR CONTINUED USE OF THE WEBSITE AND OUR SERVICES FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.
Contact us by email: support@speerscreative.ca or on our website by clicking here
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court in Ontario & Canada and you consent to exclusive jurisdiction and venue of such courts.
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Speers Creative Inc. non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
We will gladly accept revisions that do not contradict the original project brief or approved/supplied designs. However, if the revisions you require are drastically different from the original scope of work or approved/supplied designs, they will be assessed and billed accordingly before continuing with the project.
After 7 days of no contact from Client to The Company, The company will assume Client is no longer in need of The Company’s services, and The Company may terminate the Agreement. In this event, all unpaid fees will be due and collectable at the time of termination.
Speers Creative Inc. is committed to providing a safe, secure, and respectful environment for all clients, staff and contractors.
We hold a firm zero tolerance policy for any conduct that causes any individual to feel at genuine risk of harm, including words or actions that make others feel threatened or demeaned in any nature.
We will always treat individuals with respect and professionalism in all interactions, and we expect and require the same in return. This includes conduct whether in person, by phone, video conference, in writing, or by voicemail.
Generally speaking, our zero-tolerance policy also extends to all other conduct which can be considered unacceptable in nature. Exemplary conduct which is unacceptable includes:
In limited extenuating circumstances, we may exercise our discretion to excuse a single lapse in judgment. If you have been referred to this policy in such circumstances, please consider yourself warned that your recent conduct was considered inappropriate and unacceptable. No further warnings will be given – any further abusive conduct on your part will be grounds for immediate termination of your contract with Speers Creative Inc.
Speers Creative Inc. reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about privacy at any websites operated by Speers Creative Inc. or about our website practices, please contact us at: support@speerscreative.ca
