The terms that govern your use of johnnypomykacz.com and any services you engage from JP Marketing Associates Inc.
These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "Client") and JP Marketing Associates Inc. ("we," "us," "our," or "JP Marketing"), a Canadian corporation based in Burlington, Ontario, operating the website johnnypomykacz.com (the "Site").
By using the Site, contacting us, booking a call, or engaging any of our services, you agree to these Terms. If you do not agree, please do not use the Site or our services.
These Terms work alongside our Privacy Policy and any individual statement of work, proposal, or order form we sign with you. If there is a conflict between these Terms and a signed agreement, the signed agreement governs.
JP Marketing provides done-for-you digital marketing services to businesses, including:
Specific services, deliverables, pricing, and timelines are described on our Site and confirmed in a written proposal, order form, or statement of work for each engagement.
An engagement begins when both parties agree to a proposal, order form, or statement of work ("SOW") that sets out the scope, fees, timeline, and any specific terms for that work.
We reserve the right to decline or end an engagement at our discretion, including where the work falls outside our expertise, the scope is unclear, or there is a conflict of interest.
Most of our services are billed on a recurring monthly basis. Smart Website plans start at the rates published on our Site (Foundation, Grow, Scale). Add-on services such as ads management, SEO, and AI Search Visibility are billed at the management fees set out in your SOW.
Monthly fees are billed in advance and are non-refundable for the current billing period unless otherwise stated in writing.
Advertising spend (the money paid to Google, Meta, or any other ad platform) is separate from our management fees. Ad spend is paid by you directly to the platform on your own billing method, or in some cases reimbursed to us. Management fees cover our work; ad spend covers the advertising itself.
Some engagements include a one-time setup, build, or onboarding fee, which is invoiced separately and due before work begins, unless otherwise agreed in writing.
Invoices are due upon receipt unless otherwise stated. If an invoice is more than 14 days overdue, we may pause or suspend services until it is paid. Repeated or extended non-payment may result in termination under Section 10.
All fees are stated in Canadian dollars (CAD) unless otherwise noted and are exclusive of applicable taxes (such as HST/GST). Taxes will be added where required.
Because our work involves time, strategy, and platform setup that begins as soon as an engagement starts, fees for completed work and the current billing period are generally non-refundable. Any refund of unused, prepaid fees will be considered case by case and at our discretion.
To get the most out of our services, you agree to:
If your delays or non-cooperation prevent us from delivering on agreed timelines, we are not responsible for the resulting delay, and the engagement may be paused or rescoped.
Deliverables, milestones, and revision rounds are defined in your SOW. Where revisions are included, they apply to the agreed scope. Significant changes outside the agreed scope (additional pages, new campaigns, new creative directions, etc.) are considered new work and will be quoted separately.
If feedback or approval is not received within the timeframes set in your SOW, deliverables may be deemed accepted as delivered.
You retain all rights, title, and interest in the content, brand assets, trademarks, photos, copy, and other materials you provide to us ("Your Content"). You grant us a non-exclusive license to use Your Content solely to provide the services described in your SOW.
Once an engagement is paid in full and active, you receive a license to use the custom deliverables produced for you (such as website content, ad creative, landing pages, and copy) for your business purposes.
Smart Websites and any associated marketing systems are delivered through our chosen platform (currently Go High Level). The underlying platform, templates, code frameworks, automation workflows, and proprietary methods we use to build and operate them remain our property or the property of our licensors. Your ongoing use of Smart Websites and connected systems depends on an active subscription.
If you end your subscription, you keep your content, domain, brand assets, and any custom written content we produced for you. We will work with you in good faith to assist with a reasonable transition, which may include exporting your content. The platform, automation infrastructure, and any proprietary systems are not transferred and remain with us.
Unless you tell us otherwise in writing, we may reference your business as a client, use your name and logo on our Site and in marketing materials, and produce anonymized case studies based on our work together.
Our services rely on third-party platforms, including Go High Level, Google, Meta, and other tools. We are not responsible for the availability, performance, pricing changes, policy changes, or actions of these platforms.
If a third-party platform suspends, restricts, or removes your account or campaigns, we will help you respond, but we cannot guarantee outcomes and we are not liable for losses caused by those platforms' decisions.
Each party agrees to keep the other's confidential business information confidential and to use it only for the purposes of the engagement. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party.
These confidentiality obligations continue for two (2) years after the engagement ends.
Engagements continue on a month-to-month basis unless your SOW specifies a fixed term.
Either party may terminate a month-to-month engagement by giving written notice at least thirty (30) days before the next billing cycle. Fees for the notice period and the current billing period remain due.
Either party may terminate immediately if the other party materially breaches these Terms and fails to cure the breach within fourteen (14) days of written notice. We may also suspend or terminate services immediately for non-payment, illegal use, or activity that risks platform suspension or harm to our reputation.
On termination, all outstanding fees become due. We will stop services on the effective termination date, and you will lose access to any subscription-based deliverables (such as a Smart Website and its connected systems). You keep ownership of Your Content and any custom deliverables you have already paid for.
We provide our services in a professional manner and using reasonable skill and care.
Marketing results depend on many factors outside our control — market conditions, competitor activity, platform algorithms, your offer, your sales process, and more. We do not guarantee specific rankings, lead volumes, conversion rates, revenue, or business outcomes.
To the maximum extent allowed by law, all services and the Site are provided "as is" and "as available," without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by law:
Nothing in these Terms limits liability for fraud, willful misconduct, or any liability that cannot be limited by applicable law.
You agree to indemnify and hold harmless JP Marketing Associates Inc., its officers, employees, and contractors from and against any claims, losses, damages, or expenses (including reasonable legal fees) arising from:
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law principles.
The parties agree to attempt to resolve any dispute in good faith before pursuing formal action. If a dispute cannot be resolved informally, it will be subject to the exclusive jurisdiction of the courts of Ontario, Canada.
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify active clients by email.
Continued use of our Site or services after changes take effect means you accept the updated Terms. If you do not agree with a change, you must stop using the Site and services.
Questions about these Terms or your engagement with us? Get in touch.
These Terms of Service are provided for informational purposes and reflect our current standard terms. They are not legal advice. We recommend consulting a qualified legal professional for guidance specific to your situation.