All Payments are non refundable
All Bits Of Digital services have a 3 month commitment unless stated otherwise.

1. Introduction and Definitions

For the purposes of these Terms of Service (hereinafter “Terms”) “you” and “your” shall mean an individual or a legal entity, and its directors, officers, employees agents, representatives and others for whom it is responsible at law, that uses a Service and is thereby bound by these Terms. “Bits Of Digital” shall refer to Bits Of Digital Inc. “Service” refers to any product or service utilized by you or subscribed for by you and provided by Bits Of Digital and “Services” shall mean more than one. “Website” shall refer to www.Bits Of Digital.ca and all relevant subdomains and/or any other website owned by Bits Of Digital. “Service Package” refers to any service package or service plan for Services, offered on the Website, to which you subscribe.

2. Legal Agreement

Bits Of Digital provides Services to you subject to these Terms. By completing the registration process on the Website, subscribing to a Service Package, using a Service or using the Website, you accept these Terms as a binding agreement and contract between you and Bits Of Digital and you acknowledge that you have read, understand and agree to be bound by these Terms. If you disagree with any part of these Terms, you must leave the Website and discontinue using the Service immediately. If you are using the Service on behalf of any other person, company, entity, organization or third party, you represent and warrant that you are authorized to accept these Terms on such third party’s behalf, and that you and such third party jointly and severally agree to indemnify and save harmless Bits Of Digital and its directors, officers, employees agents and representatives (“Bits Of Digital Inc”) from any liabilities, actions, demands, judgements, losses, costs, damages and expenses (“Losses”) of any kind sustained by Bits Of Digital Inc arising from a violation by you of these Terms. Bits Of Digital reserves the right to modify these Terms from time to time without prior notice. Such modifications shall be effective upon posting them on the Website. The Terms are presently to be found at https://Bits Of Digital.com/terms-of-service and such changes shall take effect immediately thereafter. It is your responsibility to check the Website from time to time to apprise yourself of any changes to the Terms. You agree to be bound to any changes of these Terms when you use the Services after any such modification is posted.

3. Registration and Your Obligations of Security

You agree to provide accurate and current information about yourself as may be prompted by the registration form, maintain the security of your password and accept all risks of unauthorized access to your password. Bits Of Digital does not warrant in any way that any data may not be intercepted for illegal purpose. You agree that you shall indemnify and save harmless Bits Of Digital Inc from any Losses arising from the content and operation of your account. Except as set out in these Terms, Bits Of Digital assumes no responsibility for the content, results or operation of your account, your data, the security of your account or data or any Website.

4. Grant of Right to Use

Subject to these Terms and any restrictions imposed by any governmental authority or applicable laws, regulations, ordinances, judgments, orders or policies set forth by any authorized governmental body, Bits Of Digital grants to you a limited, revocable, non-exclusive right to use the Services solely as provided in your Service Package. You may use the Services during the subscription period, provided you have paid and continue to pay the subscription fees (including renewal subscription fees), when and as applicable. Your Service Package is non-transferable. We hereby acknowledge your right and ownership to the data contained in the Service reports. Bits Of Digital shall have the right to utilize the data contained in the Service reports for trends assessment, aggregation analysis, case studies, development of new Bits Of Digital products and survey generation, and for these purposes, Bits Of Digital agrees that any data so used shall be anonymized to protect the confidentiality of such data. During the subscription period Bits Of Digital shall grant to you the right to:

• reproduce, copy, modify, adapt, translate and otherwise create derivative works of the Service reports developed for you; and

• transmit and/or publish the Service reports.

You may not use the Service for (a) any purpose contrary to any applicable law or regulation, (b) any fraudulent, illegal or immoral purpose, (c) any purpose which directly interferes with the use of services provided to any other customer of Bits Of Digital.

The granted right shall terminate immediately when you fail to comply with these Terms, and Bits Of Digital may thereupon, in its sole discretion, suspend or terminate your account, terminate this agreement and/or the Services and pursue you for any applicable charges and fees. Bits Of Digital reserves the right to monitor and inspect your Service account and its activities from time to time.

Bits Of Digital provides no representations, warranties or guarantees as to favorable performance or results on your behalf through utilization of the Service.

5. Terms of Payment and Refunds

All pricing and terms of payment (including billing period) which are not provided below are provided on the applicable page of each Service Package on the Website. You agree to pay forthwith, or at such time specified by Bits Of Digital, all applicable fees, including one-time or recurring fees incurred in connection with the projects of the Service account at the prices effective at the time a subscription is bought (“Subscription Fees).

All transactions respecting Subscription Fees are processed via Stripe secure services and you will (a) at all times during the Term be responsible for all payments to Bits Of Digital as and when due, (b) be solely responsible for the security of your account, if one is used by you and (c) provide Bits Of Digital with all necessary details as to your credit card account to expedite and process all required payments of Subscription Fees. Bits Of Digital assumes no responsibility or liability whatsoever for any failure to receive Subscription Fees from you due to any fault, defect or non-performance by Stripe Inc. and, for greater clarity, you must look solely to your credit card for redress and remedy in the event any Subscription fee payment has been lost or improperly processed and you shall remain liable to Bits Of Digital for all outstanding Subscription Fees until received by Bits Of Digital. Where not otherwise indicated, you will pay Bits Of Digital the relevant Subscription Fees in advance for your selected billing period and Bits Of Digital will automatically charge your credit card account or such Subscription Fees. All charges to your credit card are reflected in the Service invoices and receipts which will be emailed to you on your subscription renewal date and you will receive your invoice electronically.

The Service Package shall renew automatically for a further term equal to the term of your current Service Package (in each case a “Renewal Term”), unless otherwise stated. You can cancel your account any time by contacting a Bits Of Digital representative and indicating you wish to cancel or terminate that Service. If there are insufficient funds on the Service account and/or on a user’s credit card or if your credit card becomes inactive to renew a subscription to the current Service Package for another billing period, you will have a period of fifteen (15) days from the date Bits Of Digital notifies you of the existence of any of the above circumstances to provide sufficient funds on their Service account or credit card to pay all Subscription Fees in full as and when due, failing which Bits Of Digital reserves the right to suspend all Services to you.

Unless stated otherwise in writing or in these Terms under Section 9, all Subscription Fees and other charges are non-refundable.

6. Confidentiality

Bits Of Digital shall never share user Service reports and any other information related to user projects in the Service account with third parties or with other business units without your prior written consent, except for the purpose of performing obligations under these Terms or if required by law, regulation, or court order. If so forced, we agree to give you as much notice as is reasonably practicable prior to disclosing such information. The privacy of the Service users is very important to Bits Of Digital, therefore the use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.

You agree that Bits Of Digital may use your name, corporate name (if applicable) and logo (if applicable) to identify you as a user and client in Bits Of Digital’ promotional portfolio.

You agree that Bits Of Digital can add a credit link to the footer of your website identifying the Service provided by Bits Of Digital.

7. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, Bits Of Digital AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTY AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

Bits Of Digital AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT GUARANTEE AND DO NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. Bits Of Digital AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS DO NOT ASSUME ANY OBLIGATION TO MONITOR USER ACTIVITIES ON THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation on Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, Bits Of Digital AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING FROM YOUR USE OF THE SERVICE, EVEN IF Bits Of Digital AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR Bits Of Digital TO PROVIDE THE SERVICE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Bits Of Digital AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO TWO HUNDRED DOLLARS ($200.00). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO Bits Of Digital AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS FOR THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Bits Of Digital AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, REGARDLESS OF THE CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Termination

Bits Of Digital may terminate these Terms for any reason deemed fit or if you breach or violate these terms and do not cure such breach within the time period provided for cure. The termination shall be effective immediately or as may be specified in the notice. You may terminate these Terms and your Service Package, subject to the terms below, by contacting a Bits Of Digital representative and indicating that you wish to so terminate.

In the event of any termination by client, client must provide 30 days notice and pay all remaining or subscription commitment outstanding amounts within 7 days

Upon notification of termination by either party, Client must immediately cease using the Service. In the event of any termination by Bits Of Digital as specified above, Client shall not be entitled to any refunds of any Subscription Fees, any other fees, or any outstanding balance for Service rendered through the date of termination.

10. General

These Terms shall be governed by and construed in accordance with the laws of Ontario, Canada without regard to conflict of laws principles. Any action relating to these Terms must be brought in the Provincial courts located in Toronto, Ontario and you irrevocably consent to the jurisdiction of those courts and waive any claim that those courts constitute an inappropriate venue or inconvenient forum, including but not limited to any claim as to the location of the data and Service, whether in the cloud or otherwise.

In the event circumstances arise beyond Bits Of Digital’ reasonable control or foreseeability, including but not limited to an event which would constitute force majeure (i.e. flood, earthquake, lightning, tempest, fire, act of God, insurrection, riot, strike or labour dispute, terrorism) which adversely affects the provision of the Service by Bits Of Digital, Bits Of Digital shall not be liable to you by reason of the occurrence of such event or circumstance, however Bits Of Digital shall notify you of the occurrence or event and shall take reasonable steps to minimize the time period of any delay or inability to use the Service.

The Terms constitute the entire agreement between you and Bits Of Digital and govern your use of the Service, superseding any prior agreements between you and Bits Of Digital. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

You may not assign these Terms to anyone, and any assignment of these Terms by you will be null and void.

The section titles and numbering of these Terms are displayed for convenience and shall have no legal effect. These Terms shall be read with the changes in gender or number appropriate to the context. All monetary amounts in these Terms are with reference to Canadian Dollars. Bits Of Digital and you are independent contractors and no relationship of agency, joint venture, employer-employee or similar relationship is formed due to these Terms, and neither you or Bits Of Digital has any ability to bind the other to any contractual arrangements with third parties.

You and Bits Of Digital agree to do all additional acts and execute all additional documents to give best effect to these Terms. These Terms enure to the benefit of and are binding on your and Bits Of Digital’ respective heirs, executors, assigns and personal representatives.

Bits Of Digital reserves the right to have a third party provide the Service and shall notify you if this is the case. Bits Of Digital shall remain responsible for any of its obligations under these Terms. If you have any questions or comments about these Terms, please contact us at info @Bits Of Digital.com.

Notice shall be delivered by electronic communication to the email address or facsimile number provided by you to Bits Of Digital and, if notice from you, to Bits Of Digital’ email address or facsimile number listed for contact on our website. Notice shall be deemed to be delivered on the day it is sent.

Any obligations of (a) indemnification, (b) payment by you of outstanding Subscription Fees, (c) confidential information of Bits Of Digital received by you shall survive the termination of your Service indefinitely

SPECIAL ADDITIONAL TERMS FOR TOOLS USERS

  • Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a SEO Tools user or subscriber.
  • a. “Service” shall refer to and include Bits Of Digital SEO tools services;
  • b. To start using the Service you must register online for a Tools account at www.Bits Of Digital.com and follow the instructions there
  • c. There is a 14-day free trial period for these Services after which you must subscribe to a Service Package to continue using these Services
  • d. The packages are as set out in the above-mentioned link and are currently set out as follows:
  • i. Basic, basic plus and advanced for small business customers
  • ii. Silver, silver plus and gold for enterprise customers
  • iii. Starter, starter plus and pro for agency customers
  • e. During the subscription period you can access your Bits Of Digital SEO Tools Account, use the various Tools, generate reports, track results, and manage your SEO strategy.
  • f. Services are only offered on a monthly or yearly subscription basis

SPECIAL ADDITIONAL TERMS FOR PAY-PER-CLICK USERS

Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a pay-per-click (“PPC”) user or subscriber.

  • a. “Service” shall refer to and include Bits Of Digital PPC services;
  • b. To start using the Service you must register online for a PPC Services account at https://Bits Of Digital.com and follow the instructions there
  • c. The packages are as set out in the above-mentioned link and are currently set out as “Starter”, “Starter Plus” and “Pro”
  • d. Services will include leads tracking, bing and google ads and optimization of the chosen landing page
  • e. Services are only offered on a monthly subscription basis
  • f. In addition to any other limitations of liability contained in these Terms, Bits Of Digital shall not be liable under any circumstances for any liabilities or lack of performance in the event you choose to change, amend or alter any part of the optimized landing page which Bits Of Digital creates for you.
  • g. For greater clarity, Bits Of Digital retains 35% of the Subscription Fee for its management, administrative and all other value-added services and the remainder of the Subscription Fee is utilized for your advertising spending.

SPECIAL TERMS FOR SEO SERVICES

Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a SEO Services user or subscriber

  • a. “Service” shall refer to and include Bits Of Digital SEO services
  • b. To start using the Service you must register online for a SEO Services account at https://Bits Of Digital.com and follow the instructions there
  • c. The packages are as set out in the above-mentioned link and are currently set out as “Basic SEO”, “Pro SEO” and “Pro SEO + Social Media”
  • d. Services are only offered on a monthly subscription basis or a 4-month subscription basis

SPECIAL TERMS FOR SOCIAL MEDIA SERVICES

Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a Social Media services user or subscriber

  • a. “Service” shall refer to and include Bits Of Digital Social Media services
  • b. To start using the Service you must register online for a Social Media Services account at https://Bits Of Digital.com and follow the instructions there
  • c. Services are only offered on a monthly subscription basis or a 3-month subscription basis

SPECIAL TERMS FOR WEB DESIGN SERVICES

Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a website design user or subscriber

  • a. “Service” shall refer to and include Bits Of Digital Website Design services
  • b. To start using the Service you must obtain these products and services online at https://Bits Of Digital.com and follow the instructions there
  • c. Smart site services are offered on a monthly subscription basis with no min commitments or contracts.
  • e. Any other additional applicable terms for these Services (above and beyond as set out in the Terms) shall be as set out in the above-mentioned link and any subdomains of that link.

SPECIAL TERMS FOR E-MAIL MARKETING SERVICES

Notwithstanding anything else contained in the Terms, the following shall apply to you if you are a website design user or subscriber

  • a. “Service” shall refer to and include Bits Of Digital Email Marketing services
  • b. To start using the Service you must obtain these products and services online at https://Bits Of Digital.com and follow the instructions there
  • c. The packages are as set out in the above-mentioned link and are currently set out as “Entry-Level” and “Pro-Level”
  • d. Services are only offered on a monthly subscription basis
  • e. You must obtain and maintain a Constant Contact Account in order to access and use this Service. Bits Of Digital’ obligations are to manage your account and Bits Of Digital assumes no obligation or liability for any content forming part of the Service, which you will provide.