Terms and Conditions
Effective Date: August 02, 2024
Welcome to sunnydigital.ca (the “Site”). These Terms and Conditions (“Terms”) govern your use of the Site and the services provided by Sunny Digital (“we,” “us,” or “our”). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use the Site or our services.
1. Services
Sunny Digital provides digital marketing services, including but not limited to search engine optimization (SEO), pay-per-click (PPC) advertising, content creation, social media management, and other related services (“Services”). The specific terms of the Services will be detailed in separate agreements or contracts.
2. Use of the Site
2.1. Eligibility
You must be at least 18 years old to use this Site and our Services. By using the Site, you represent that you meet this age requirement.
2.2. Permitted Use
You agree to use the Site and our Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any way that violates any applicable federal, provincial, or international law or regulation.
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm us or other users of the Site.
- Introduce any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
2.3. Account Registration
To access certain features of the Site or our Services, you may be required to create an account. You agree to provide accurate and complete information and to update your account as necessary. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
3. Intellectual Property
3.1. Ownership
The content on this Site, including but not limited to text, graphics, logos, images, and software, is the property of Sunny Digital or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.
3.2. License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal or business purposes, subject to these Terms. This license does not permit you to reproduce, distribute, modify, or create derivative works of our content without our express written permission.
4. Payment and Fees
4.1. Pricing
The pricing for our Services will be specified in separate agreements or contracts. We reserve the right to change our pricing at any time, but any changes will not affect the pricing of Services that have already been contracted.
4.2. Payment Terms
Payments for our Services are due as specified in the relevant agreement or contract. If you fail to make any payment when due, we reserve the right to suspend or terminate your access to the Services.
5. Termination
5.1. Termination by Us
We may terminate or suspend your access to the Site or our Services at any time, without prior notice or liability, for any reason, including if you breach these Terms.
5.2. Termination by You
You may terminate your use of the Site or our Services at any time by ceasing to access the Site or by notifying us in writing. Termination of your account does not relieve you of any obligations to pay any outstanding fees or charges.
6. Limitation of Liability
6.1. Disclaimer of Warranties
The Site and our Services are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the operation of the Site, the information, content, or materials included on the Site, or the Services provided. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
6.2. Limitation of Liability
In no event shall Sunny Digital, its affiliates, or their respective directors, officers, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Site or our Services. Our total liability to you for any claim arising out of or relating to these Terms or your use of the Site or our Services shall not exceed the amount you paid to us for the Services in the six (6) months preceding the claim.
7. Indemnification
You agree to indemnify, defend, and hold harmless Sunny Digital, its affiliates, and their respective directors, officers, employees, agents, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or our Services.
8. Privacy
Your use of the Site and our Services is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, and protection of your personal data.
9. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any choice or conflict of law provision. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Ontario, Canada, and you consent to the jurisdiction of such courts.
10. Changes to These Terms
We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site or our Services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically for any updates or changes.
11. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Sunny Digital
24-19 Niagara Dr.
Email: info@sunnydigital.ca