Terms of Service

Updated: May 17 2024

The best work comes out of great relationships. Honesty, respect and gratitude are the keys to a great relationship and therefore we have an interest in treating each other with these values at all times. As much as legal documents are important, what truly binds us is our drive to do great work with great people and to develop a relationship of mutual respect and trust.

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if something goes wrong. We are required by law to remind you that we do not guarantee results, income or outcomes if you use our tools, services, advice or templates. As we have no control over how well (or if) a client closes deals, how well a client’s website copy converts, or whether a client’s marketing strategy, accountability, and many other factors outside of our control can effect the performance of our services and templates for a client.

Below is everything you need to know to obtain services from Barketing Solutions Inc., hereby referred to as Barketing Solutions. All users of our services are expected to read through our Terms of Service (TOS). By signing up for our services you acknowledge having read and agree to this TOS. These Terms govern your access and use of the products and services (“Services”) provided by Barketing Solutions. By using our Services, you’re agreeing to be bound by these Terms. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization and in these Terms, “you” or “your” refers to that organization. If you disagree to any part of these terms you may not access our services or products.

We may modify these Terms from time to time by posting the most current version on our website. Any new features and new services or products that we add to our Services are subject to these Terms. If a modification materially to the terms reduces your rights, we will notify you. If you do not agree to a modification, you may terminate your use of our Services or request us to terminate the provision of our Services to you. By continuing to use our Services after the modification comes into effect, you are agreeing to be bound by the modified Terms. You can view the most recent version of these Terms here: https://barketing.co/terms-of-service/

1. Main Terms of Service
2. Schedule A: Terms and Conditions Relating to Domain Name Registration
3. Schedule B: Terms and Conditions Applicable to Email Services
4. Schedule C: Terms and Conditions Applicable to Hosting, Pet Business Websites, SEO plans, Content Plans, and Support and Maintenance packages.

Main Terms of Service

• Introduction:

This Service Agreement (the “Agreement”) is between  Inc. (“Barketing Solutions”,“Company,” “us,” or “we”) and the organization agreeing to these terms (“Customer”,“Client” or “you”), collectively the “Parties.” This Agreement governs Customer’s access to  services (the “Service”) and its associated applications and website. By clicking “I Agree,” attaching this Agreement to a purchase order or similar order form, or using the Service as a paid subscriber, Customer agrees to the terms of this Service Agreement. If an individual is entering into this Service Agreement on behalf of an organization such organization shall be deemed the Customer hereunder and such individual hereby represents and warrants that he/she has the power and authority required to bind such organization to this Service Agreement. This Agreement is entered into and effective as of the date and time you pay your first invoice or the date you signed this online agreement, whichever is sooner (the “Effective Date”).

1.2  Acceptences:

By using our Services you agree to cooperate and to provide Barketing Solutions with everything needed to complete the Services as, when and in the format requested by has the experience and ability to do everything agreed to for Client and will do it all in a professional and timely manner. Barketing Solutions will endeavor to meet every deadline that’s set and to meet the expectation for Services to the best of its abilities. Barketing Solutions will provide services included in the subscription plan you choose.

1.3 Warranty

Barketing Solutions warrants that: (i) the Services will be performed in a professional and workmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation Contractor may have to others; (ii) none of the Services or Inventions or any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other right of any person or entity (including, without limitation, Contractor); (iii) Contractor has the full right to provide Client with the assignments and rights provided for herein; (iv) Contractor shall comply with all applicable laws in the course of performing the Services and (v) if Contractor’s work requires a license, Contractor has obtained that license and the license is in full force and effect.

EXCEPT AS SET FORTH HEREIN, ALL DELIVERABLES ARE DELIVERED ON AN “AS-IS” BASIS.

Each party represents and warrants that it has the legal power to enter into this Agreement. Provider represents and warrants that (i) it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) the Service shall perform materially in accordance with the Documentation; and (iii) the Service will not contain or transmit to Customer any Malicious Code (except for any Malicious Code contained in User or Customer-uploaded materials or otherwise originating from Customer or a User.

1.4 Confidentiality & Non- Disclosure

Each party shall maintain, in the strictest confidence, all Confidential Information (as defined in the next sentence) of the other party. “Confidential Information” means all (i) nonpublic information (at the time of disclosure) disclosed by one party to the other party under this Agreement (including, provided such information is marked or indicated by the disclosing party to be confidential; (ii) and any information which ought reasonably be considered confidential with regard to the circumstances surrounding disclosure, whether or not such information is marked “Confidential”.

In the event a party is required to disclose Confidential Information pursuant to a judicial or other governmental order, such party shall, to the maximum extent permitted by law or opinion of counsel, provide the other party with prompt notice prior to any disclosure so that the party or its client may seek other legal remedies to maintain the confidentiality of such Confidential Information.

Each party receiving Confidential Information shall be responsible for any breach of this provision that is caused by any of its employees, affiliates, representatives or agents and such party agrees to indemnify and hold harmless the other party from and against any liabilities, claims, damages, losses, costs and expenses resulting, directly or indirectly, from any breach by a party, or any of its employees or independent contractors, of any provision of this Agreement. The obligations of this Section shall survive termination of this Agreement for a period of 3 years.

1.5 Agents

You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the Dispute Policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.

1.6 Ownership

Barketing Solutions agrees that all deliverables and materials developed under this Agreement—including, but not limited to, website design, presentations, writings, ideas, concepts, designs, and text —shall be considered “work for hire” and will be owned by the Client upon full payment of all fees due under this Agreement.

Barketing Solutions acknowledges that it retains no rights or interest in any materials submitted to the Client, including any potential security interest, and hereby fully releases any such claims. Except as otherwise explicitly agreed in writing, Barketing Solutions will have no rights to license, sell, or use the deliverables or materials developed under this Agreement. The client acknowledges that if they select layouts from our libraries, these designs are not exclusive and may be used by other businesses. 

Additionally, the Client acknowledges that any plugins, themes, or software utilized in the site’s development will require separate licenses if the Client is not enrolled in a Barketing Solutions monthly plan. The Client is responsible for obtaining and maintaining these licenses if they are not subscribed to a monthly hosting/maintenance plan.

1.7 Relationship of Parties

Nothing contained in this Agreement shall be construed to create a partnership, joint or co-venture, agency, or employment relationship between Barketing Solutions and Client. Both Parties agree that  is, and at all times during this Agreement shall remain, an independent contractor.

1.8 Fees & Payments

Barketing Solutions will charge client a subscription and setup fee, if applicable, based on client’s account plan by charging your payment method in advance for the subscription term you have agreed following your accounts activation. Should you upgrade or downgrade your account plan, your payment method will be charged for your new billing rate. Details of what is included in your account plan are listed on the checkout screen. At the time of your upgrade or downgrade, your prior account plan charges will be prorated based on the number of days under the prior account plan. Your payment method will then be charged at your new billing rate for the new subscription term thereafter. All payment obligations are non-cancelable and all amounts paid are non-refundable. We don’t provide any refunds for fees. These are billed in advance on a monthly basis. No credits or refunds are issued for canceled plans, as cancellations take effect at the end of the billing cycle chosen by the Client. All amounts are payable in United States Dollars (USD), Canadian Dollars (CAD) or Australian Dollars (AUD). We will notify you of any fees changes by, for example, sending a message to the email address associated with your account, or posting on our Services or website. For existing contracts for which fees have been already received by us, we will implement the price changes during the next renewal period. The credit card on file will be charged in the AM for any outstanding invoices for deposits or final payments for website design projects and you hereby agree that Barketing Solutions is authorized to charge your credit card. The amount of payment will be listed on the order form and on the invoice(s). 

1.9 Refund Policy

Since our website offering is non-tangible, irrevocable goods we do not issue refunds and all deposits are non-refundable, which you acknowledge prior to purchasing any product at our site. Since you have purchased the website, you own the content and you can transfer it to another hosting service at your charge, but replacing licenses (theme. and plugins) become the clients responsibility as licenses are covered in our monthly plans and not website design costs.

1.10 Security

When you register a domain name or subscribe to our service(s) with us. It is your responsibility to safeguard your password or passphrase. You accept full responsibility for modifications made to your service(s) using this password or passphrase.

1.11 Accurate Information

As further consideration for Barketing Solutions service(s), you agree to:

6.1 provide certain current, complete and accurate information about you as required;

6.2 maintain and update this information as needed to keep it current, complete and accurate; and

6.3 respond within fifteen (15) calendar days to a request by us to update or confirm the accuracy of your information.

We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and our service providers and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.

1.12 Acceptable Content

All services provided by Barketing Solutions may only be used for lawful purposes. Examples of unacceptable content include, but are not limited to: copyrighted material, material we judge to be threatening or obscene, hate sites, illegal pornography (eg. kiddie porn [under legal age], bestiality), warez sites, proxy scripts, dangerous or insecure scripts.  Barketing Solutions Inc. is not responsible for the accuracy of the content displayed on your website. You agree to indemnify and hold harmless Barketing Solutions from any claims resulting from the use of our services or incorrect information on your website.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be terminated from our network.

If you believe that your copyright or trademark is being infringed upon, please email blog@barketing.co.

 

 

Barketing will not be held responsible for any images or other content on your website that is infringing the owners copyright.

FORBIDDEN | UNACCEPTABLE CONTENT

The following are prohibited unless otherwise indicated:

• Cracked/pirated software, or material that violates copyright law
• Linking to cracked/pirated software, or material that violates copyright law
• Illegal songs, books, or videos
• Photos or images for which you do not own the copyright
• Eggdrops, torrents, virus/trojans, irc, irc files, irc scripts/bots, hack programs, hack archives, warez, pirated software (nor can you link to any of these items)
• Game servers (Allowed on Dedicated Servers and VPS)
• Hate, threatening or obscene sites (at Barketing’s sole discretion).
• XXX sites (Allowed Dedicated and VPS)
• Sites that link to unacceptable material as provided in this ToS
• Proxy scripts, shell scripts or scripts that allow ssh or simulated ssh access
• IP scanners
• Doubler, pyramid, HYIP, e-gold exchange, online currency exchange (not limited to Bitcoin, WoW, Linden/Second life, or Diablo III), or ponzi programs
• Free email accounts. You cannot use our service to supply free email accounts to users. We are not to be used as a free email service
• Sites from countries or regions under current US sanctions
• Sites or content that is not easily discernible or translated by our staff
• Outdated/vulnerable scripts. You must have any and all scripts uploaded to our servers updated to the latest secure version at all times
• Broadcast or Streaming of Live Sporting Events
• Commercial Audio Streaming (more than three streams)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Bruteforce Programs/Scripts/Applications
• Mail Bombers/Spam Scripts
• Lottery/Gambling Sites
• MUDs/RPGs/PBBGs
• Hacker focused sites/archives/programs
• Fraudulent Sites
• File Dump/Mirror Scripts (similar to rapidshare)

We DO allow nudity on any plan provided the material is not sexually explicit or links to sexually explicit material. If you are not certain whether your content is acceptable, please email bark@barketing.co.

We reserve the right to suspend any site that violates our TOS without notice. Account termination for TOS violation negates any refund for unused time.

All third party scripts must be the latest secure version. Failure to keep your scripts updated will result in suspension of account or other measures at Barketing’s sole discretion, including (but not limited to) removal of script by our techs. If an exploit through a script you have installed on your Web hosting space causes harm to our servers or otherwise affects the performance of our services we reserve the right to terminate your account for TOS violation. We will automatically remove any insecure script, this includes insecure software installations of any kind. We may also suspend the site at our sole discretion.

1.13 Taxes

Unless otherwise stated, Provider’s fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Provider’s net income or property. If Provider has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides Provider with a valid tax exemption certificate authorized by the appropriate taxing authority. Barketing will collect necessary taxes for all applicable provinces in Canada. 

1.14 Website Support & Maintenance

Clients who signed up before January 1st 2019

–> Barketing Solutions offer support via online ticketing system, email, SMS and phone.

Basic Package: No tech Support (Pay-per-use at $125.00USD per hour)

Standard Package: Basic tech support  – 24 hour response time

WordPress tasks for Standard Plan will be completed in less than 1 week. (business days)

Extra support billed at $80USD per hour

Plus/Pro Package: ‘Fast Pass’ tech support (Bumped to Front of the Line)

Plus Accounts will get bumped to the front of the line for tasks and support.

WordPress tasks for Plus Plans will be completed in less than 3 business days.

Extra support billed at $60USD per hour

Clients who signed up AFTER January 1st 2019 but BEFORE January 1st 2020

Basic Package: No tech Support (Pay-per-use at $75.00USD per hour)

Standard Package: Basic tech support

WordPress tasks for Standard Plan will be completed in less than 1 week (business days).

Extra support billed at $80USD per hour

Plus Package: ‘Fast Pass’ tech support (Bumped to Front of the Line)

Plus Accounts will get bumped to the front of the line for tasks and support.

WordPress tasks for Plus Plans will be completed in less than 3 business days.

Extra support billed at $60USD per hour

Clients who signed up AFTER January 1st 2020

 

Basic Package: No tech Support (Pay-per-use at $125.00USD per hour) + Website Maintenance Toolkit PRO

 

Standard Package: Basic tech support + Website Maintenance Toolkit PRO

 

WordPress tasks for Standard Plan will be completed in less than 1 week (business days).

 

Extra support billed at $80USD per hour

 

Plus Package: ‘Fast Pass’ tech support (Bumped to Front of the Line) + Website Maintenance Toolkit ULTIMATE

 

Plus Accounts will get bumped to the front of the line for tasks and support.

 

WordPress tasks for Plus Plans will be completed in less than 3 business days.

 

Extra support billed at $60USD per hour

Clients who signed up AFTER January 1st 2022

 

Basic Package: No tech Support (Pay-per-use at $125.00USD per hour) + Website Maintenance Toolkit PRO

 

Standard Package: Basic tech support + Website Maintenance Toolkit PRO

 

WordPress tasks for Standard Plan will be completed in less than 1 week (business days).

 

Extra support billed at $80USD per hour

 

Plus Package: ‘Fast Pass’ tech support (Bumped to Front of the Line) + Website Maintenance Toolkit ULTIMATE

 

Plus Accounts will get bumped to the front of the line for tasks and support.

 

WordPress tasks for Plus Plans will be completed in less than 3 business days.

 

Extra support billed at $60USD per hour

1.15 Domain Registrations, Transfers and Renewals

Please review our Domain Registration policy located at https://barketing.co/domain-terms-service. Acceptance of our TOS also signifies review and acceptance of our Domain registration, transfer and renewal policies.

1.16 Term and Termination

Either Party may terminate this Agreement at any time, with or without cause, upon 7 days written notice.

Either Party also may at any time terminate the Agreement immediately if: (i) the other party commits a breach of this Agreement and such party does not cure a breach within 5 days of written notice from the non-breaching party of such breach.

If this Agreement is terminated earlier by Client without cause, Client agrees to pay  any and all sums which are due and payable for services provided as of the date of termination.

Termination for any reason shall not affect the rights granted to Client by Barketing Solutions hereunder. Upon termination, Client shall pay to Barketing Solutions all undisputed amounts due and payable. If upon termination Client has not paid undisputed fees owed for the material, deliverables or Services provided by Barketing Solutions as of the date of termination, Client agrees not to use any such material or the product of such Service, until Client has paid Barketing Solutions in full. Any provisions or clause in this Contract that, by its language or context, implies its survival shall survive any termination or expiration of this Agreement. Notwithstanding anything to the contrary in this Agreement, Barketing Solutions shall retain a perfected security interest in the deliverable or material until Client has made payment in full for all undisputed amounts as of the termination date. Barketing Solutions hereby agrees to release and waive its security interest in the deliverable and material upon receipt of full payment for all undisputed amounts.

1.17 Indemnification and Limitation of Liability

Our services and work product are sold “as is” in all circumstances. In no event shall we be liable for any lost data or content, lost profits, business interruption, or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services we provide, even if we have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

Barketing Solutions agrees to indemnify, defend and hold harmless Client from any and all claims, actions, damages, and liabilities (excluding, without limitation, attorneys’ fees, costs and expenses) arising (i) through Contractor’s gross negligence ; (ii) out of any claim that the materials or deliverables, or any portion thereof, in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Contractor’s representations, warranties or agreements herein.

Client agrees to indemnify, defend and hold harmless Barketing Solutions from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by Client’s (i) gross negligence; (ii) out of any claim that Client provided content, or any portion thereof in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Client’s representations, warranties or agreements herein.

TO THE EXTENT PERMITTED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING IN CONNECTION WITH THE USE OF THE SERVICE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, NO LIMITATION OF EITHER PARTY’S LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO (I) DAMAGES ARISING FROM A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (II) DAMAGES ARISING FROM ANY INFRINGEMENT AND/OR MISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (III) ANY CLAIMS FOR NON-PAYMENT.

1.18 Right to Authorship Credit

Both Parties agree that when asked, Client must properly identify Barketing Solutions as the creator of the deliverables. Client does not have a proactive duty to display Contractor’s name together with the deliverables, but Client may not seek to mislead others that the deliverables were created by anyone other than .

Client hereby agrees Barketing Solutions may use the work product as part of Contractors portfolio and websites, galleries and other media solely for the purpose of showcasing Contractors work but not for any other purpose.

Barketing Solutions will not publish any confidential or non-public work without Client’s prior written consent.

1.19 Notices

All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the second business day after mailing; (iii) the second business day after sending by confirmed facsimile; or (iv) the second business day after sending by email. Notices to Provider shall be addressed to the attention of the Legal Department. Notices to Customer shall be addressed to Customer’s signatory of this Agreement unless otherwise designated.

1.20 Waiver and Cumulative Remedies

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

1.21 Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

1.22 Assignment

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, each party may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

1.23 Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the Province of Ontario, without regard to its conflict of law principles. No choice of laws rules of any jurisdiction shall apply to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.

1.24 Venue; Waiver of Jury Trial

The courts located in the Province of Ontario shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, each party may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

1.25 Force Majeure

Neither party shall be responsible for its failure to perform to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, labour problems (other than those involving the employees of the affected party), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within a party’s possession or reasonable control, provided that such party gives the other party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance.

1.26 Export

Customer acknowledges and agrees that the Service may be subject to export and import controls under the regulations of Canada, the United States and other countries, and Customer shall comply with all export and import control regulations of applicable countries. Customer shall not use the Service for any purposes prohibited by export laws, including, without limitation, nuclear, chemical or biological weapons proliferation. Customer shall be responsible for procuring all required permissions for any subsequent export, import or use of the Service.

1.27 Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses; (l) adult content and pornography; (m) dating or romantic encounters; (n) drugs, tobacco or Canibus and/or related products including electronic cigarettes (e-cigarettes) and vaporizes (vapes); (o) gambling auctions or gambling related activities and/or services; (p) undocumented/unproven pharma/medical results; (q) title loans and collections agencies; (r) legal bonds or related consignment services.

1.28 Entire Agreement

This Agreement, including any other documents referenced herein, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any schedule, exhibit or addendum hereto, the terms of such schedule, exhibit or addendum shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

1.29 Counterparts

This Agreement may be executed in counterparts, which taken together shall form one legal instrument.

1.30 Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

1.31 Miscellaneous

The section and subsection headings used in this Agreement are for convenience only and will not be used in interpreting this Agreement. Both parties have had the opportunity to review this Agreement and neither party will be deemed the drafter of this Agreement for the purposes of interpreting any ambiguity in this Agreement. The parties agree that this Agreement may be signed by manual or facsimile signatures and in counterparts, each of which will be deemed an original and all of which together will constitute one and the same instrument. In the event that any provision of this Agreement will be determined to be illegal or unenforceable, that provision will be first revised to give the maximum permissible effect to its original intent or, if such revision is not permitted, that specific provision will be eliminated so that this Agreement will otherwise remain in full force and effect and enforceable.

1.32 Entire Contract

This Agreement, and any exhibits, schedules or attachments, between the Parties supersedes any previous arrangements, oral or written, and may not be modified in any respect except by a future written agreement signed by both Parties.

1.33 Surviving Provisions

The following provisions shall survive any termination or expiration of this Agreement.

1.34 ADA Compliance

It is the client’s responsibility to determine if their website legally must comply with ADA Compliance. We have a Free plugin available to clients, ‘One Click Accessibility’, but it is up to the client to determine if additional software is necessary for their business. It is the client’s responsibility to request Barketing Solutions to add any additional ADA Compliance functionality to their website if they are deemed required.

Barketing will not be held liable for any legal implications as the result of the client’s website not being ADA compliant if the client is required to be under United States Federal law. The client agrees to hold Barketing Solutions harmless against any liabilities, claims, damages, losses, costs and expenses resulting, directly or indirectly, from anything related to ADA Compliance. 

1.35 Legal Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROVIDER MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

We can’t guarantee that the functions contained in any web page, in its themes, plugins, add-ons, or templates, or in a completed website, will always be error-free. As one example, sometimes websites get hacked, despite the best security measures. We cannot be blamed or held liable for any inconveniences or costs incurred with these sorts of events. Therefore, we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of, or inability to operate, your website or any other web pages, even if you have advised us of the possibilities of such damages.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT WE DESIGN ALL FINAL DELIVERABLES TO COMPLY WITH THE KNOWN RELEVANT RULES AND REGULATIONS. YOU, UPON ACCEPTANCE OF THE DELIVERABLES, SHALL BE RESPONSIBLE FOR CONFORMANCE WITH ALL LAWS RELATING TO THE TRANSFER OF SOFTWARE AND TECHNOLOGY.

1. Schedule A: Terms and Conditions Relating to Domain Name Registration

By registering a domain name, signing up for a hosting plan and accepting this agreement you also accept our Domains Terms of Service that can be found here: https://barketing.co/domain-terms-service.

1. Schedule B: Terms and Conditions Applicable to Email Services

The following terms and conditions of use and any amendments thereto (the “Email Terms”) apply to your access to, and use of, the email and related services offered by Barketing Solutions (the “Email Service”). These Email Terms may be changed in the future without further notice, and your continued use of the Email Service following any such changes constitutes your acceptance of the new terms. These Email Terms do not alter in any way the non-conflicting terms or conditions of this Agreement or any other agreement you may have with Barketing Solutions for products, services or otherwise. To the extent any of the Email Terms are in conflict or inconsistent with any other term or condition of the Agreement, these Email Terms shall govern to the extent of the conflict or inconsistency.

3.1 Privacy Policy

In addition to the terms of the Barketing Solutions privacy statement, you agree that Barketing Solutions may access and disclose information about you or your use of the Email Service when Barketing Solutions deems necessary or appropriate to comply with the law or legal process, to protect Barketing Solutions’s systems and customers, or to ensure the integrity and operation of Barketing Solutions’s business and systems. Such disclosure may include, without limitation, user profile information (e.g., name, email address, etc.), IP address and traffic information, usage history, and posted content. Barketing Solutions’s right to disclose any such information shall govern over any terms of Barketing Solutions’s privacy statement.

3.2 Access Restriction & Password Security

Barketing Solutions reserves the right to deny in its sole discretion any user access to the Email Service or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Barketing Solutions, and for any use or misuse of your account or the Email Service resulting from any third party using a password or user name issued to you.

3.3 No “Spamming”

You shall not use the Email Service for chain letters, junk mail, “spamming” or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you (“spam” or “spamming”) is strictly prohibited by Barketing Solutions. If any user uses the Email Service for spamming, Barketing Solutions reserves the right to immediately terminate that user’s access to the Email Service and to seek appropriate legal recourse as necessary. If any user believes that others are using the Email Service for spam, please contact Barketing Solutions at bark@barketing.co.

3.4 User Conduct

Barketing Solutions reserves the right, but does not assume the responsibility, to monitor or review user conduct on the Email Service. Use of the Email Service is subject to all applicable local, state, provincial, federal and international laws and regulations. You agree: (1) to comply with U.S. and Canadian law regarding the transmission of technical data exported from the United States or Canada through the Email Service; (2) not to use the Email Service for illegal purposes; and (3) not to interfere or disrupt networks connected to the Email Service.

In using the service, you agree not to:

3.4.1 Harvest or otherwise collect information about others, including without limitation names and email addresses, without their consent;

3.4.2 Transmit through the Email Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;

3.4.3 Invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Email Service;

3.4.4 Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, federal or international law or regulation;

3.4.5 Interfere with another User’s use and enjoyment of the Email Service or another entity’s use and enjoyment of similar services;

3.4.6 Advertise or offer to sell or buy any goods or services for any non-personal purpose;

3.4.7 Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

3.4.8 Interfere with or disrupt networks connected to the Email Service or violate the regulations, policies or procedures of such networks;

3.4.9 Attempt to gain unauthorized access to the Email Service, other accounts, computer systems or networks connected to the Email Service, through password mining or any other means;

3.4.10  Use or attempt to use another’s account, service or system without authorization from Barketing Solutions, or create or use a false identity on this Email Service; or

3.4.11 Engage in any other conduct which, in Barketing Solutions’s sole discretion, is considered unauthorized or objectionable.

3.5 Proprietary Rights – Email Services

You acknowledge and agree that any material, including but not limited to text, compilations, graphics, software, music, sound, photographs, video, or other material contained or distributed on or through the Email Service, by Barketing Solutions, its advertisers or other third parties (“Content”), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use or distribute any Content received through the Email Service without the authorization of the content owner, except for your personal, non-exclusive use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute Content available through the Email Service, including code and software, in violation of applicable copyright and other intellectual property laws.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE BARKETING SOLUTIONS SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.

You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States and Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. or Canadian export restrictions.

3.6 Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Barketing Solutions, or postings on this Email Service, are non-confidential and shall become the sole property of Barketing Solutions. Barketing Solutions shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Barketing Solutions, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

3.7 Linking

Barketing Solutions makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Email Service, or Web sites linking to this Email Service. The linked sites are not under the control of Barketing Solutions, and Barketing Solutions is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Barketing Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by or between Barketing Solutions and any third party.

3.8 Third Party Content & Email Services

Barketing Solutions may provide links to Web pages and content of third parties (“Third Party Content”) as a service to those interested in this information. Barketing Solutions does not monitor, and has no control over, any Third Party Content or third party Web sites. Barketing Solutions does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Barketing Solutions does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.

When leaving the Barketing Solutions site, you should be aware that Barketing Solutions’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third Party Content contained therein is at your sole risk.

• Copyright Policy & Copyright Agent

1. Barketing Solutions may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, Barketing Solutions may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others.
2. If you believe that Barketing Solutions or any user of our site has infringed your copyright in any material way, please notify Barketing Solutions, and provide the following information (the “Notice”):
3. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
4. An identification of the copyrighted work claimed to have been infringed.
5. An identification of the material that you claim is infringing so that we may locate it on the Email Service.
6. Your address, telephone number, and email address.
7. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
8. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

However, unless ordered by a court of a competent jurisdiction or an administrative body, Barketing Solutions does not have to take any action against an alleged infringement.

3.10 No Resale

You agree not to resell or make any commercial use of the Email Service without Barketing Solutions’s express written consent.

3.11 Termination

Notwithstanding any of these terms and conditions of use, Barketing Solutions reserves the right, without notice and in its sole discretion, to terminate your use of this Email Service, to change or eliminate any of the services we provide, and to block or prevent future access to and use of this Email Service. If your account is terminated for violation of these Email Terms, you will not be entitled to any refunds. Should you object to these Email Terms or become dissatisfied with the Email Service in any way, your only recourse is to immediately discontinue your use of the Email Service and terminate your account.

3.12 Severability

If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.The terms of this section survive any termination of the Email Terms.

• Modification & Amendments

Barketing Solutions reserves the right to amend at any time any policies governing this Email Service, including these Email Terms, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using this Email Service.

Schedule C: Terms and Conditions Applicable to Hosting, Pet Business Websites, Content Plans and Support and Maintenance packages.

1. • Services and Payment.

Website Services. Services offered by Barketing Solutions can include hosting, website and/or support, content, and maintenance. You will receive the services as listed on the website and listed below:

Website Reviews and SEO Audits

Payment is due upon purchase. Website reviews and SEO Audits are non-refundable. Barketing Solutions is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information  is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information.

Pet Business Websites

Standard Pet Business Websites include: Modern, responsive and mobile-friendly elements, installation of WordPress, theme, layout, setup, site structure as outlined and agreed upon in writing via email, design, and customizations ars agreed upon via writing in email. The site is optimized for speed and performance and includes basic SEO and Google Analytics / Google Search Console installed upon going live. Google Maps and social media integration are included if applicable to your business. Installation of Let’s Encrypt SSL is included in all monthly plans. Pricing starts at 1050 USD and is adjusted depending on the agreed-upon quote based on your needs and may be adjusted during the design process if needed; more details can be found here:  https://barketing.co/pet-business-website-templates/. Websites do not come with content. Customers must provide Barketing Solutions with content after purchase either by sending copy or completing Discovery Questions if Barketing is to write/refine copy.

Website turnaround is under 30 days from receiving completed content. If we do not receive the full content/revisions in a timely manner, this can extended the turnaround date.

Clients who signed up before January 1st 2019:

1. Basic Hosting Hosting and Support Includes:
   1. Secure website hosting
      1. 10 GB Disk Quota, 10 GB Monthly Bandwidth, cPanel and database, 1 email account,
   2. Monthly backups

• Monthly theme, plugin, and core software updates

1. Monthly security monitoring, maintenance, and spam cleaning
2. Two (2) email accounts
3. Standard Hosting and Support
   1. Secure website hosting
      1. Unlimited Disk Quota, Unlimited Monthly Bandwidth, cPanel and database, 2 email accounts
   2. Daily backups
   3. 100MB of Image Optimization per month

• Weekly theme, plugin, and core software updates

1. Weekly security monitoring, maintenance, and spam cleaning
2. Unlimited email accounts
3. Unlimited WordPress tasks (Maximum: 1 hour combined per month)

• Basic tech support
• Monthly performance report

1. Plus Hosting and Support
   1. Secure website hosting
      1. Unlimited Disk Quota, Unlimited Monthly Bandwidth, cPanel and database, unlimited email accounts
   2. Daily backups
   3. 250MB of Image Optimization per month

• Daily theme, plugin, and core software updates

1. Daily security monitoring, maintenance, and spam cleaning
2. Unlimited email accounts
3. Unlimited WordPress tasks* (Maximum: 3 hours combined per month)

• Priority tech support
• Monthly performance report

Clients who signed up between January 1st 2019-Jan 1st 2022:

Pricing and services for website design can be found here: https://barketing.co/website-design-packages

Clients who signed up after January 1st, 2022. Pricing is determined based on needs on an individual basis. The cost for the website project is the amount agreed upon via email and on the order form. By making the deposit you agree to the pricing terms and understand that anything outside the agreed quote will be an additional cost. The First 50% deposit is due on signup and the second 50% + monthly plan is due on completion. Deposits are non-refundable. 

Monthly packages and included services can be found here: https://barketing.co/monthly-webmaster-plans/

Customer agrees that in order for Us to perform Our duties to the fullest, We recommend exclusive WordPress Admin access. You would then be provided with a reduced access role to prevent conflicts and unauthorized / unmanaged changes from occurring. You will have access to update and edit your site but will have restricted access to admin level functions to avoid conflicts. Some additional software plugins will need to be installed so that we can perform our duties. If the client maintains full administrative access, we cannot be held responsible for any design-related issues that may arise. In such cases, a fee may be required to resolve the problem. If you have access to your website back end admin, any issues or problems are out of our control. These can be fixed as part of your monthly WordPress tasks or at the hourly rate based on your monthly plan.

WordPress Tasks. WordPress Tasks do not include content creation related tasks. Because there are many external factors that are out of our control that can impact your results, we do not guarantee the results, income or outcomes from using our services. All prices on the website are quoted in USD. WordPress tasks are unlimited if included in your subscription but you will only have a maximum number of allocated WordPress task hours per month. There is no carry over month-to-month. Additional support hours can be requested at an additional $75.00 USD per hour. Wordpress tasks for Standard Plan will be completed in less than 1 week (business days). WordPress tasks for Plus Plans will be completed in less than 3 business days. Those with Plus Accounts will get bumped to the front of the line for tasks and support. Advice and consulting from Barketing Solutions is considered a WordPress task.

Payment. In addition to the payment terms in the main Terms of Service Agreement, the following provisions shall also apply solely with respect to the Subscription Service:

Billing for the Subscription Service will be by valid credit card (acceptable to Barketing Solutions), PayPal or Interac eTransfer (For Canadian Companies) at the time of purchase. If you elect to subscribe to a service that requires a monthly payment, your monthly payments for the same will be automatically charged to the credit card provided by you (and acceptable to Barketing Solutions) at the time of your purchase (with such payments being charged in advance on a monthly basis), and you hereby agree that Barketing Solutions is authorized to charge your credit card. Amount of payment will be listed on order form and on invoice(s). Barketing Solutions is a Canadian company, your bank may charge your foreign transaction fees. In some instances, monthly plan fee may change month to month due to fluctuation in currency exchange rates.

Foreign Transaction Fees. Customer acknowledges that for certain Credit Cards, the issuer of Customer’s Credit Card may charge a foreign transaction fee or other charges.

 

Software Updates. Software updates are typically automated and performed at night, where possible outside of business hours – although urgent updates may be applied at any time, on any given day. We will only apply software updates to software that “advertises” updates as being available via the WP update page. Software updates shall only be applied to software that is currently installed and licensed. Should a software require an additional license (e.g. a Premium Software), we shall perform updates where updates are “advertised” as available, however, the Client shall be responsible for paying for and maintaining the terms of that license, unless otherwise agreed in writing. We shall not be responsible for any software content, or any “bugs” introduced to your site as a result of an update.  If a new software update “breaks” your site, we shall endeavour to assist you in either removing the software or rolling it back to a previous version. This may be chargeable, depending on the severity and workload.

Reports. The monthly report is provided out of courtesy and may not always be available. Data accuracy is for information / evaluation purposes. Certain data (e.g. Google Analytics information) may not be included if we do not provide the associated service to you.

Monthly Content Plans

Our monthly content plans include the following:

Standard Content Plan. This plan includes One (1) Local SEO focused blog per month at 500-600 words per blog. One (1) blog graphic, One (1) Facebook post graphic, One (1) Instagram post graphic, One (1) Instagram story graphic, Check for relevant internal links for new blogs posts/content.

Plus Content Plan. This plan includes Two (2) Local SEO focused blog per month at 500-600 words per blog. Two (2) blog graphic, Two (2) Facebook post graphic, Two (2) Instagram post graphic, Two (2) Instagram story graphic, Check for relevant internal links for new blogs posts/content.

Custom Work. Barketing Solutions and client agree that all blog posts are unique work that is custom written for the client, and will not be used for any other projects.

Ownership. Barketing Solutions and client agree that the blog posts are being ghostwritten for the client and Barketing Solutions shall not claim any copyright or moral rights over the blog posts. Furthermore, Barketing Solutions grants the client full authority to claim they were the author of the blog post and may take full credit for the same. Barketing Solutions shall in no way object, or disclose to any third party that they were the writer of any blog posts.

Payment. Plans are paid month to month. Payment is due before writing commences. Once the subscription is processed, client and Barketing Solutions (content writer) decide on a topic. The blog post will be completed no more than two (2) weeks from the date the topic is agreed upon. If you have 2 blogs per month, then you will receive one in 2 weeks and one in 4 weeks. Each post will have the option for up to two (2) edits per blog.

Delivery of Assets. Blogs and digital assets will be uploaded to a Google Drive folder for the client.

Posting. The client is expected to post blogs unless they are subscribed to our Standard or Plus monthly plans.

Billing. Subscription are billed monthly from the the signup date. Subscription will automatically renew at the end of your billing cycle unless you or Barketing Solutions cancels it. You can cancel your account through your account with Barketing Solutions or by emailing bark@barketing.co. Failure to pay may result in cancelation of your account and data.

Refunds. There are no refunds, if you choose to cancel then simply your monthly subscription will not renew the following month.

Fee Changes. Barketing Solutions, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Barketing Solutions will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Accounts. When you create an account with Barketing Solutions, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

If an account is inactive for a period of 6 months or longer we reserve the right to temporarily pause the account and all services within. Upon account reactivation (when you log in to the account following the 6 months, or longer, inactivity) these services will be fully reinstated.

Links to other websites. Our Service may contain links to third-party web sites or services that are not owned or controlled by Barketing Solutions.

Barketing Solutions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Barketing Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms that are intended to survive termination will remain in effect, including, but not limited to, ownership rights, warranty disclaimers, indemnity obligations, and limitations of liability. Upon termination, the Client may transfer the website to another host but would be responsible for acquiring an necessary licenses.

Disclaimers for SEO.

– SEO is not a one time activity, it is an ongoing process. If you stop completing your tasks your rankings may eventually fall. Some clients will see results faster than others. 

– SEO is very time-consuming. Results will vary depending on your time commitment, your competition, and your effort. It can take up to 4 – 6 months to see results depending on your competition or longer if work is not being done timely or well.

– We cannot guarantee an no. 1 ranking for any search term or consistent top 10 ranking as SEO has no control over search engine ranking algorithms and ongoing SEO efforts by you, the client, and by your competitions SEO efforts. Your website development, hosting, online reputation etc.. may also be out of our control and effect ranking. We will do out best effort to guide you to the best ranking outcome. 

– Search engines like Google may hinder the rankings of new websites until they have proven their ability and authority. New sites may get a temporary boost “new site boost effect” then settle down to their real place in the rankings. 

– Search engines can drop rankings for no clear or predicable reason. Often these rankings re-appear without any SEO efforts. It is normal to see rankings change day to day and some may be drastic but then go back to normal the next day. 

– A website search engine ranking can fluctuate any day, any time because of on-going changes in the ranking algorithm, seo efforts made by the competitors or both. 

– No guarantee/warranty of project timeliness, added expenses and end results if SEO work is destroyed wholly or in parts, either knowingly or unknowingly by any party other than Barketing Solutions or without the prior consultation of the Barketing Solutions. 

– No guarantee/warranty of project timeliness, additional expenses and end results if there is a server outage for prolonged time, client fails to resolve SEO tasks/actions on time or make delates in providing required access, documents, permission or any support for SEO purpose, client fails to make necessary changes on the website as advised by Barketing Solutions, client refuses to educate themselves about SEO. 

– While we will give out best effort, we cannot guarantee results for Google My Business Plans. 

4.3. Conduct

You agree to abide by the terms and conditions set forth herein and be bound by the applicable provisions of any applicable Barketing Solutions. Acceptable Use Policy and other applicable Barketing Solutions policies and procedures, incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Schedule. You are responsible for ensuring that your web site conforms to all local, state, federal and international laws. You are also responsible for ensuring that you have obtained authorization to use any copyright images, audio files, text or other web site elements that are not provided by Barketing Solutions. You warrant that the web site being hosted by Barketing Solutions will not be used in connection with any illegal activity and that it will not conflict with the legal rights of a third party or a third party’s trademarks or trade name.

1. Barketing Solutions explicitly reserves the right and sole discretion to suspend any web site or hosting, maintenance or support plans (including indefinite suspension) without notice for non-payment of fees due hereunder;
   1. censor any web site hosted that, in Barketing Solutions’s sole discretion, is deemed inappropriate;
   2. review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
   3. modify its pricing through email notification;
   4. terminate your Subscription Service for unsolicited, commercial emailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Barketing Solutions. determines to be harmful to its other customers, operations, or reputation;
   5. terminate Your Subscription Service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against Barketing Solutions. or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

You agree you will not be entitled to a refund of any fees paid to Barketing Solutions if, for any reason, Barketing Solutions takes corrective action with respect to your improper or illegal use of the Subscription Service. Should we need to amend / withdraw any plan, all existing customer plans will be honoured until their renewal date, when they shall automatically inherit the new plan.

4.5 Modification to Website

You are authorized to make necessary modification(s) to our products, depending on your subscription level, to fit your purposes in accordance with the type of license you acquire. To ensure top performance and design of your website on an ongoing basis, we provide backend access to your website but with reduced permissions. Upon request, you may have access to full admin privileges, but that is not recommended. We are not responsible for any issues caused by modifications you have made or plugins that you have installed. We recommend contacting our support team if you wish to add anything to your website, if you are not experienced. Fixing issues will be billed at the hourly rate for your monthly plan if your support time has run out. 

• Security

The security of a website remains the responsibility of the owner.  By subscribing to Barketing Solutions services, we offer to assist you to keep your site secure by providing software updates and performing other maintenance tasks to help reduce your workload and the possibility of hacking or malicious attacks.  However, Barketing Solutions does not provide a guarantee that your site will be 100% secure, or that your site will not suffer from bugs as a result of an update. You are responsible for any misuse of Your account, even if the inappropriate activity was committed by Your client, a subscriber on your site, friend, family member, guest or employee.

Therefore, You must take steps to ensure that others do not gain unauthorized access to Your account. In addition, You may not use Your account to breach security of another account or attempt to gain unauthorized access to another network or server.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for You, logging into or making use of a server or account You are not expressly authorized to access, or probing the security of other networks.

Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with any service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to Overload a service, and attempts to “crash” a host.

Users who violate systems or network security may incur criminal or civil liability.  will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

• Cancelation

You may cancel your Subscription Service at any time. To cancel your Subscription Service you must submit your written notice of cancellation to Barketing Solutions (as provided herein) and include the following information: (i) Your Barketing Solutions username; (ii) your Barketing Solutions Web Site Web address; and (iii) your reason for requesting cancellation. Unless terminated earlier as provided herein, your Subscription Service will be canceled as of the expiration of the monthly billing cycle in which your notice was received. In the absence of such written notice of cancellation, Barketing Solutions will automatically renew the Subscription Service indefinitely and will charge the credit card you have on file with Barketing Solutions, at Barketing Solutions then current rates.

In the event a customer chooses to cancel the Barketing Solutions service, or no longer has an active website hosting plan with Us, maintenance responsibility shall revert back to the customer and all related data and backups associated to the provision of the Barketing Solutions service shall be deleted without the possibility of recovery.

• Term and Termination
  • Term: Your Subscription Service shall be on a month-to-month basis for successive monthly periods, unless either party notifies the other of termination in accordance with this Agreement.
  • Notice of Service Cancellation by You. Any termination of your Subscription Service must be in accordance with our cancellation policy. Unless terminated earlier as provided herein, this Schedule, and the Agreement (if you have no other services with Barketing Solutions Corp) will be terminated as of the expiration of the monthly billing cycle in which your cancellation notice was received and processed by Barketing Solutions
• Network Performance

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of ’s systems or networks. Barketing Solutions reserves the right to terminate or limit such activities.

4.10 Data Integrity

You use at Your own risk. While we do perform regular backups,  is not responsible for files and/or data residing on Your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on ’s servers. Where  has provided web design services, once the site has gone live, and all payments have been made from You to Us, You are considered the owner of (and fully responsible for) the site, database, files and related materials. Your use of this service is at your sole risk. Our backup service runs nightly, overwrites any of our previous backups made, and only the previous night’s backup is saved. We make no guarantees on the integrity of a backup. Remember that ultimately, backups are your responsibility and  makes no guarantees as to having a backup available of your lost data.

• Fair Usage Policy

Our UNLIMITED data transfer/bandwidth offer is subject to our Fair Use Policy – which is designed to ensure a smooth and reliable service for all customers. This policy works well for 99.9% of our customers and we are happy to provide unlimited data transfer except where;

• Your website exceeds burst (or ongoing) data transit of greater than 5Mb/sec for more than 30 seconds;
• Your website uses 5% or more of the server resources;
• Email mail boxes associated with your account exceed more than 300,000 aggregate messages;
• Your account otherwise negatively impacts upon or degrades our network performance for other users.

In this instance, the account will be subject to review, and service delivery will be temporarily “slowed-down” to protect other users from your over-usage.

In severe cases, we will suspend your account – until we can speak with you to resolve the matter. We will contact you to discuss the situation and to recommend the best solution to suit your situation, for example methods to fix over-usage or alternate services that may be better suited to your needs.

To protect all customers, there are some bandwidth-high activities that are permanently forbidden under our Fair Use policy;

• Use of your hosting space as a virtual disk, or in other words, as a space for files that are not elements of your website such as storage of file achieves, backups, documents, log files etc.
• Hosting of Web Portals and / or subscription based services, without our explicit endorsement.
• Illegal contents including, but not limited to pornographic material, pirated software/music/films/applications or other media stored in any file format or extension.
• Providing an FTP Service / File Sharing service or Video Streaming without our explicit endorsement.
• Use of your hosting as a “mirror” for other websites without our explicit endorsement.
• Sharing of your account with unauthorised persons (those not party to your account).

In the event that we become aware of any such activities, your account may be immediately suspended until we have been able to resolve the matter with you.

• Disclaimer

Barketing Solutions plans offer you enhanced level protection against malware / hack attempts, however it is not a guarantee of infallible service.  You should still maintain adequate backups of your website/data for your own piece of mind and security.

Software updates and backups are performed to the best of our ability – however, we will not be responsible in whole or in part for any loss of data/service or related loss of income whatsoever, due to any error, new feature, new version, failure or bug introduced into any app, software or data as a result of an update, a lack of an update, a backup or lack thereof