Note: We are not associated with any other business using “Barketing” in their name other than Barketing Solutions and Barketing Websites.

Terms of Service

Effective Date: July 1, 2025

Introduction

The best work comes from great relationships. At Barketing Solutions Inc. (“Barketing Solutions,” “we,” “our,” or “us”), we believe in honesty, respect, and gratitude. These values shape every partnership we enter. While legal agreements are important, it’s our shared drive to do great work that truly defines our relationship.

We will always do our best to meet your goals and fulfill your needs. However, it’s essential to have clear terms outlining responsibilities, expectations, and what happens if something goes wrong.

By using any of our services, you agree to the following Terms of Service (“Terms”). If you’re acting on behalf of an organization, you confirm that you’re authorized to accept these Terms on behalf of that organization. If you disagree with any part of these Terms, you may not access or use our services.

We may update these Terms periodically. Changes that materially affect your rights will be communicated to you. Continued use of our services after updates means you accept the revised Terms.

The most current version will always be available at:
https://barketing.co/terms-of-service

1.1 Agreement Overview

This agreement (“Agreement”) is between Barketing Solutions Inc. and the individual or organization (“Client,” “Customer,” “you,” or “your”) using our services. It becomes effective on the earlier of (i) the date you sign up online or (ii) the date of your first payment.

By clicking “I Agree,” signing an order form, or otherwise engaging our services, you confirm your understanding and acceptance of this Agreement.

If you’re accepting on behalf of an organization, you represent that you have authority to do so.

1.2 Client Cooperation

You agree to provide timely feedback, access, and materials necessary for us to complete our work. Barketing Solutions will fulfill all agreed-upon services in a professional, timely manner and strive to meet deadlines to the best of our ability.

1.3 Warranties

Barketing Solutions warrants that:

  • Services will be performed in a professional and workmanlike manner consistent with industry standards.

  • Barketing Solutions has the right and authority to perform the services and grant any related rights under this Agreement.

  • To our knowledge, the deliverables created by Barketing Solutions will not knowingly infringe upon the intellectual property rights of third parties.

  • Services will be provided in compliance with applicable laws in effect at the time the services are performed.

  • Any licenses required by Barketing Solutions to deliver the services will be obtained and maintained during the term of this Agreement.

Except as expressly stated above, all services and deliverables are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, performance results, uptime, security, or uninterrupted operation.

1.4 Confidentiality

Both parties agree to keep all non-public, proprietary, or sensitive information (“Confidential Information”) in strict confidence. This obligation continues for three (3) years after termination of this Agreement.

If legally required to disclose such information, the disclosing party must notify the other party (when legally permitted) before any disclosure occurs.

1.5 Use of Agents

If someone else (e.g., your employee or agent) registers for services on your behalf, you are still bound by these Terms. You are also responsible for any errors or omissions they make.

1.6 Ownership, Licensing & Portfolio Use

Upon full payment, ownership of all original deliverables created by Barketing Solutions transfers to the Client. However:

  • Layouts, templates, and designs from Barketing Solutions’ design library are non-exclusive.
  • Themes, plugins, fonts, and other third-party software used on the website may require separate licenses. Unless covered under an active Barketing maintenance plan, the Client is responsible for purchasing, maintaining, and renewing all required third-party licenses.
  • Images, graphics, or media provided by Barketing Solutions from licensed stock or internal resources are supplied with appropriate licenses for use on the Client’s website. These licenses are subject to the original provider’s terms and may restrict reuse outside the website or project for which they were supplied.

Barketing Solutions retains the right to display and reference completed work in portfolios, case studies, marketing materials, social media, and proposals. You agree to credit Barketing Solutions when requested. We may display work in our portfolio unless you request otherwise in writing.

Barketing Solutions may reuse general design patterns, layouts, and structural elements from the project for internal reference and future work, excluding any confidential, proprietary, or client-specific content.

1.7 Relationship of the Parties

Nothing in this Agreement creates a partnership, employment, or joint venture. Barketing Solutions acts as an independent contractor.

1.8 Fees & Payments

Your subscription plan includes a setup fee and monthly charges based on the plan selected. All fees are:

  • Charged in advance

  • Non-cancelable and non-refundable

  • Subject to change with prior notice

All fees are payable in USD, CAD, or AUD depending on your location. Additional work beyond what is included in your plan will be billed at your plan’s hourly rate.

1.9 Refund Policy

We do not offer refunds for any digital products or services, including deposits. All website-related files become your responsibility upon cancellation, including securing replacement licenses.

1.10 Security & Passwords

You are responsible for keeping your account credentials secure and for all actions taken under your account.

1.11 Client Information Accuracy

You agree to keep your contact and billing information accurate and up to date. Failing to do so is considered a material breach of this Agreement.

1.12 Acceptable Use

You may only use our services for lawful purposes. Prohibited content includes (but is not limited to):

  • Infringing or pirated material

  • Hate, adult, or obscene content

  • Scripts or software that compromise server security

We reserve the right to suspend or terminate accounts violating this policy.

1.13 Taxes

You are responsible for paying applicable taxes unless you provide a valid exemption certificate. We collect required provincial taxes for Canadian customers.

1.14 Website Support & Maintenance

Support levels and timelines vary based on your signup date and subscription plan. Full details are outlined in Schedule C.

1.15 Domain Registration

By registering a domain through us, you agree to our domain terms located at:
https://barketing.co/domain-terms-service

1.16 Term & Termination

Either party may terminate this agreement with 7 days’ notice. Clients remain responsible for payment for all services rendered through the termination date.

1.17 Indemnification & Limitation of Liability

Each party agrees to indemnify the other against damages arising from breach, gross negligence, or infringement claims. Our total liability will not exceed the fees paid in the 12 months prior to the claim.

1.18 Client Content & Project Timelines

Clients are encouraged to provide required content and feedback in a timely manner to keep projects moving forward. Projects with no activity for twelve (12) months may require a restart fee if work is resumed, due to changes in technology, software, or scope. Any applicable fees will be discussed in advance.

1.19 Notices

All notices must be sent via email, mail, or in-person delivery. Notices are deemed received within two business days.

1.20 Waiver and Cumulative Remedies

Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision. Remedies provided herein are cumulative and in addition to any remedies available at law or in equity.

1.21 Severability

If any provision of this Agreement is found to be unlawful or unenforceable by a court of competent jurisdiction, the provision will be modified to reflect the parties’ intent as closely as possible. All remaining provisions will continue in full force and effect.

1.22 Assignment

Neither party may assign this Agreement, in whole or in part, without the prior written consent of the other party, except in the case of a merger, acquisition, or sale of substantially all assets. Any unauthorized assignment is void. This Agreement will bind and benefit the parties and their respective successors and permitted assigns.

1.23 Governing Law

This Agreement shall be governed by the laws of the Province of Ontario, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

1.24 Venue and Waiver of Jury Trial

All disputes shall be resolved in the courts located in Ontario, Canada, which shall have exclusive jurisdiction. Both parties waive any right to a jury trial in connection with any dispute related to this Agreement.

1.25 Force Majeure

Neither party shall be liable for delays or failure to perform due to events beyond their control, including but not limited to natural disasters, acts of war, strikes, internet outages, or government actions. Affected parties must notify the other party promptly and make reasonable efforts to mitigate delays.

1.26 Export Compliance

You agree to comply with all applicable export and import control laws and regulations. The Services may not be used or exported in violation of Canadian, U.S., or other applicable laws, including those governing nuclear, chemical, or biological weapons proliferation.

1.27 Prohibited Uses

You agree not to use our Services for any unlawful or prohibited activities, including but not limited to:

  • Copyright/trademark infringement

  • Discrimination or harassment

  • Uploading malware or engaging in hacking

  • Operating adult, gambling, or drug-related content (without express permission)

  • Violating any applicable laws or third-party rights

We reserve the right to terminate services for violations of this policy.

1.28 Entire Agreement

This Agreement (including any referenced schedules or documents) constitutes the entire understanding between the parties and supersedes all prior agreements. Any conflicting terms from purchase orders or external documents are excluded unless expressly incorporated in writing.

1.29 Counterparts

This Agreement may be executed in counterparts, each of which shall be deemed an original. Digital or electronic signatures are valid and binding.

1.30 Changes to Terms of Service

We may update these Terms at any time by posting the revised version on our website. Continued use of our Services after changes become effective constitutes acceptance of the updated Terms.

1.31 Miscellaneous

Section headings are for reference only and have no legal effect. Neither party shall be deemed the drafter of this Agreement. If any provision is held unenforceable, it shall be revised or removed as needed, without affecting the remainder of the Agreement.

1.32 Entire Contract

This Agreement and its attachments supersede all prior oral or written agreements between the parties. Modifications must be in writing and signed by both parties to be enforceable.

1.33 Surviving Provisions

All provisions that by their nature should survive termination—such as confidentiality, intellectual property rights, limitations of liability, indemnity, and dispute resolution—shall survive.

1.34 ADA Compliance

It is your responsibility to determine whether your website is legally required to meet ADA (Americans with Disabilities Act) compliance. We provide a free accessibility plugin (“One Click Accessibility”), but additional accommodations may be necessary. Barketing Solutions is not liable for any legal consequences resulting from ADA non-compliance.

1.35 Legal Disclaimer

All services and deliverables are provided “as is.” We make no guarantees regarding outcomes, performance, uptime, or protection from threats such as hacking. You assume full responsibility for the operation, maintenance, and legal compliance of your website.

Schedule A: Domain Name Registration Terms

By registering a domain name, signing up for a hosting plan, or using any services from Barketing Solutions, you agree to our Domain Terms of Service, available at:

👉 https://barketing.co/domain-terms-service

Acceptance of the main Terms of Service also includes agreement to these domain policies, including terms for:

  • Registration

  • Transfers

  • Renewals

  • Ownership responsibilities

Schedule B: Email Services Terms

These terms apply to any email services provided by Barketing Solutions.

3.1 Privacy Policy

You agree that Barketing Solutions may access and disclose information about your use of the email service if required to:

  • Comply with law or legal process

  • Protect our systems, customers, or business

  • Ensure service integrity and performance

This may include user data, usage history, IP addresses, and content.

3.2 Account Security

  • You are responsible for maintaining the confidentiality of your username(s) and password(s).

  • You are accountable for any activity under your account, whether by you or others.

3.3 No Spamming Policy

Spamming is strictly prohibited. This includes:

  • Sending unsolicited bulk or commercial emails

  • Chain letters, junk mail, or any unauthorized distribution lists

Violation of this policy may result in immediate termination of your account without refund.

Report suspected abuse: bark@barketing.co

3.4 User Conduct Guidelines

You agree not to:

  • Harvest personal data without consent

  • Post or transmit unlawful, obscene, or offensive material

  • Violate privacy or intellectual property laws

  • Upload malware or attempt unauthorized access

  • Disrupt network activity or interfere with other users

  • Use false identities or impersonate others

3.5 Intellectual Property Rights

All content and software provided via the email service is protected by copyright, trademark, and other laws. You may not:

  • Copy, modify, distribute, or reverse-engineer any part of the email platform

  • Use the service for unlawful distribution or to bypass export laws

3.6 User Submissions

Any materials or suggestions submitted to Barketing Solutions via email or support (e.g., ideas, feedback, content) become the sole property of Barketing Solutions, with no obligation for compensation.

3.7 Linking

We’re not responsible for third-party websites linked within emails or our platform. Use third-party links at your own risk.

3.8 Third-Party Content

We do not monitor or control third-party content and cannot guarantee its accuracy. Review each site’s terms and privacy policies independently.

3.9 Copyright Complaints

To report copyright infringement, send notice to: bark@barketing.co
Your notice must include:

  • Your contact information

  • Description of the copyrighted work

  • Proof of ownership and a statement of good faith

  • Your signature (electronic or physical)

We may remove infringing content, but we’re not obligated to unless required by law.

3.10 Resale Prohibited

You may not resell our email services without express written permission.

3.11 Account Termination

We may suspend or terminate your account at any time for violating these terms. Refunds are not provided if your service is terminated for breach.

3.12 Severability

If any provision of this schedule is deemed unlawful or unenforceable, the remaining provisions remain in effect.

Schedule C: Hosting, Websites, Content & Maintenance

This schedule covers all services related to hosting, website design, maintenance, content creation, and related subscriptions.

4.1 Hosting Services

Your hosting service includes features and performance levels outlined on our website. 
👉 https://barketing.co/monthly-webmaster-plans/

Legacy clients retain access to the plan available at the time of signup.

4.2 Design Services

  • Website pricing and scope are determined at the time of agreement via email or order form.

  • Payment is due 50% upfront and 50% upon completion, plus any applicable monthly plan.

  • Websites include WordPress setup, responsive design, SEO setup, and social media integration.

  • Clients are responsible for providing content, unless otherwise agreed upon.

⚠️ Turnaround time is within 30 business days of receiving full content. Delays in providing content may extend this timeline.

4.3 WordPress Tasks & Maintenance

  • Standard Plans: Tasks completed within 1 week (business days)

  • Plus Plans: Tasks completed within 3 business days

  • Tasks are limited to your plan’s allocated hours; overages billed at your plan’s hourly rate.

  • WordPress tasks do not include original content creation.

  • We recommend clients maintain limited admin access for stability. Full admin access is available upon request but may limit support if conflicts arise.

4.4 Content Plans

Standard Content Plan Includes (Monthly):

  • 1 blog post (500–600 words) focused on Local SEO

  • 1 blog graphic

  • 1 Facebook + Instagram post graphic

  • 1 Instagram Story graphic

  • Internal link check

Plus Content Plan Includes (Monthly):

  • 2 blog posts

  • 2 of each visual asset listed above

All blog content is custom and ghostwritten. Barketing Solutions retains no copyright claims.

Payment is required before writing begins. Each blog includes up to two revisions.

4.5 Content Delivery & Billing

  • Content and graphics are delivered via Google Drive unless otherwise agreed. Clients are responsible for publishing blog content unless enrolled in a Barketing posting plan.

  • All subscription services automatically renew unless canceled in advance. No refunds are provided. Cancellation prevents renewal of future billing periods but does not apply retroactively.

4.6 No Guaranteed Results

  • Barketing Solutions does not guarantee any specific results, outcomes, or performance, including but not limited to search engine rankings, LLM visibility, website traffic, conversions, revenue, lead generation, or business growth.

  • Results may vary based on factors outside of Barketing Solutions’ control, including but not limited to client participation, content quality, competition, industry changes, algorithm updates, third-party platforms, hosting environments, and market conditions. Any examples, case studies, or projections provided are illustrative only and do not constitute a promise or guarantee of results.

4.7 Software Updates & Security

  • Software updates are handled automatically where possible. The Client is responsible for maintaining valid licenses for any paid themes, plugins, or software unless covered under an active Barketing monthly plan.

  • Barketing Solutions implements additional security measures, including server-level security and firewalls, and installs security plugins within WordPress to help protect websites from unauthorized access, malware, and other threats. While reasonable efforts are made to prevent issues, no website or system can be guaranteed to be fully secure.

  • We make commercially reasonable efforts to avoid conflicts during updates; however, Barketing Solutions is not responsible for bugs, errors, downtime, or data loss caused by third-party software updates, incompatibilities, security breaches, or circumstances beyond our control. Backups are maintained as outlined in the Backups section to support recovery should an issue occur.

4.8 Backups

  • Barketing Solutions provides website backups as part of certain hosting and maintenance plans.

    • Daily on-site backups are included on all plans.

    • Off-site backups are provided based on plan level:

      • Basic Plan: Monthly off-site backups

      • Standard Plan (and higher): Daily off-site backups

    Backup availability and retention may vary, and no specific backup date or restore point is guaranteed. While reasonable efforts are made to maintain backups, no backup system is fail-proof, and Barketing Solutions is not responsible for data loss due to client actions, third-party software, security incidents, or circumstances beyond our control.

    Clients may create and maintain their own independent backups at any time, and doing so is strongly recommended.

4.9 Fair Use Policy (Hosting)

Unlimited bandwidth and storage are subject to fair use:

  • Burst usage exceeding 5MB/sec for 30+ seconds

  • Using 5% or more of total server resources

  • Email accounts exceeding 300,000 messages

Violation may result in service throttling, suspension, or cancellation.

4.10 Security

We assist with security best practices and monitoring but cannot guarantee complete protection. You are responsible for unauthorized access caused by yourself, your users, or third-party plugins.

4.11 SEO Disclaimers

We provide guidance and implement SEO best practices but cannot guarantee rankings, traffic, or income due to many uncontrollable external factors such as:

  • Your competitors’ actions

  • Your hosting uptime

  • Algorithm changes

  • Website content and copywriting

  • Delays in implementing SEO recommendations

  • Off-site SEO Practices

4.12 Cancellation & Termination

  • You may cancel at any time by submitting written notice via email.

  • Cancellations take effect at the end of your current billing cycle.

  • Upon cancellation, you’re responsible for transferring any licenses or assets.

  • Barketing Solutions is not liable for any data lost after cancellation.

4.13 Privacy Policy

  • By using our services, the Client agrees to the collection, use, and handling of personal information as described in our Privacy Policy. The Privacy Policy is incorporated by reference into this Agreement and can be found at: https://barketing.co/privacy-policy/. The Client acknowledges that they have read, understand, and agree to the terms of the Privacy Policy.

4.14 Updates & Modifications to the Agreement

  • Barketing Solutions may update or modify this Agreement from time to time. The most current version will always be available on our website.
  • If any material changes are made that significantly affect Client rights or obligations, Barketing Solutions will provide reasonable notice, such as by email or a prominent notice on our website, before the changes take effect. Continued use of the services after the effective date of any updates constitutes acceptance of the revised Agreement.

4.15 Acceptance of Terms

  • By accessing or using Barketing Solutions’ services, creating an account, or submitting payment, the Client acknowledges that they have read, understood, and agree to be bound by these Terms of Service, including any referenced policies or schedules.