Terms of Service

These Terms and Conditions (“Agreement”) govern the provision of digital marketing, website design, search engine optimization, search engine marketing, and related services by Mera Marketing (“Company,” “we,” “us,” or “our”), based in Calgary, Alberta. By engaging our services, signing a service agreement, or accepting a proposal, you (“Client” or “you”) agree to be bound by this Agreement.

 

1. Company Information

Mera Marketing is a Calgary-based digital marketing agency offering premium website design and management, search engine optimization (SEO), local SEO, Google Ads (search engine marketing), analytics and reporting, and full-service digital growth strategies for small and medium-sized businesses across Calgary and Canada.

Mera Marketing

2. Services

2.1 Scope of Services

Mera Marketing provides the following core services:

  • Website design and development (custom websites built to outperform standard agency builds)
  • Website management, hosting support, and ongoing maintenance
  • Search Engine Optimization (SEO) – on-page, technical, and content-based
  • Local SEO – Google Business Profile optimization and local search visibility
  • Google Ads (Search Engine Marketing / Pay-Per-Click) campaign management
  • Analytics setup, reporting dashboards, and KPI tracking
  • Digital strategy consultations and growth planning
  • Conversion rate optimization (CRO) support

2.2 Service Agreements

All services are governed by a signed service agreement or accepted written proposal that defines the specific scope of work, deliverables, timelines, and pricing for each engagement. In the event of any conflict between a signed service agreement and this Agreement, the signed service agreement shall prevail.

2.3 No Upfront Fees

Mera Marketing operates on a no upfront fee model for qualifying engagements. The specific payment structure will be detailed in your service agreement.

3. Quotes, Proposals, and Pricing

3.1  Free Consultations. We offer free, no-obligation consultations and digital audits. A proposal is valid for thirty (30) days from the date of issuance unless otherwise stated.

3.2  Pricing. Pricing is based on the scope of services, the size and complexity of the project, and the monthly service tier selected. Full pricing details are published at trymera.com/digital-marketing-pricing-calgary and are outlined in each Client’s service agreement.

3.3  Scope Changes. Any changes to the agreed scope of work must be documented in a written amendment to the service agreement, approved by both parties, before additional work begins. Additional costs arising from scope changes will be communicated and agreed upon in advance.

4. Payment Terms

4.1  Billing Cycle. Monthly retainer services are billed in accordance with the billing cycle specified in the service agreement (monthly in advance or as otherwise agreed).

4.2  Payment Due Date. Invoices are due within fourteen (14) calendar days of the invoice date unless otherwise agreed in writing.

4.3  Late Payment. Invoices not paid within fourteen (14) days of the due date may be subject to a service charge of 2% per month (24% per annum) on the outstanding balance. Mera Marketing reserves the right to pause active campaigns or services for accounts with overdue balances until payment is received.

4.4  Disputed Invoices. Any billing disputes must be raised in writing within seven (7) days of receiving the invoice. Undisputed amounts remain due on the original payment date.

4.5  Third-Party Ad Spend. Google Ads budgets and third-party platform ad spend are billed separately and are the Client’s responsibility. Mera Marketing manages campaigns on the Client’s behalf but does not advance ad spend. Clients must maintain adequate funding in their ad accounts to ensure campaign continuity.

5. Cash-Back Guarantee

5.1  Mera Marketing offers a cash-back guarantee on qualifying growth plan engagements. If the agreed growth plan does not deliver the defined outcomes within the specified period, the Client’s first-year service costs will be returned in accordance with the terms set out in the signed service agreement.

5.2  The cash-back guarantee applies only to service fees paid directly to Mera Marketing. It does not apply to third-party advertising spend, domain or hosting costs, or fees paid to platforms such as Google Ads.

5.3  The guarantee is void if the Client fails to meet their obligations under this Agreement, including timely provision of required materials, approvals, or access credentials, or if the Client makes significant unauthorized changes to their website or ad accounts during the engagement period.

5.4  Full guarantee eligibility criteria and claim procedures are outlined in the Client’s signed service agreement. Clients must submit a guarantee claim in writing within thirty (30) days of the end of the applicable guarantee period.

6. Client Responsibilities

To enable Mera Marketing to deliver results effectively, the Client agrees to:

  • Provide timely access to required platforms and accounts, including website admin access, Google Analytics, Google Search Console, Google Ads accounts, and Google Business Profile
  • Provide accurate, complete, and up-to-date information about their business, services, target audience, and geographic service area
  • Review and approve content, design proofs, and campaign materials within agreed timelines. Delays in approvals may impact project timelines and do not constitute a basis for guarantee claims
  • Maintain adequate Google Ads budgets in their accounts to support active campaigns
  • Refrain from making unauthorized changes to website structure, SEO configurations, or ad campaigns managed by Mera Marketing without prior written notification
  • Designate a primary point of contact for communications and approvals

7. Timelines and Deliverables

7.1  Mera Marketing will provide estimated timelines for all deliverables at the outset of each engagement. Timelines are estimates based on the agreed scope and Client cooperation and are not guaranteed completion dates.

7.2  Delays caused by the Client’s failure to provide required materials, approvals, or access will extend delivery timelines proportionally and will not constitute a breach by Mera Marketing.

7.3  SEO and organic search results are subject to search engine algorithms and market conditions outside Mera Marketing’s control. Timelines for SEO results are estimates based on industry best practices and historical performance and are not guaranteed.

8. Intellectual Property

8.1 Website and Creative Deliverables

Upon full payment of all amounts owing under the service agreement, the Client is granted ownership of the final website design and written content created specifically for them under the engagement, unless otherwise specified in the service agreement.

8.2 Mera Marketing Proprietary Assets

Mera Marketing retains ownership of all proprietary tools, templates, frameworks, methodologies, reporting systems, and processes used to deliver services. These are not transferred to the Client and remain the exclusive intellectual property of Mera Marketing.

8.3 Client-Supplied Materials

The Client warrants that all logos, images, copy, and other materials supplied to Mera Marketing are owned by the Client or that the Client has obtained all necessary rights and permissions for their commercial use. The Client accepts full responsibility for any intellectual property infringement arising from Client-supplied materials.

8.4 Portfolio Rights

Mera Marketing reserves the right to reference completed work and client results in case studies, testimonials, and marketing materials, using anonymized or consented client information. We will seek Client consent before identifying the Client by name or business in our public marketing.

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement, including business strategies, financial data, proprietary processes, and client lists. Confidentiality obligations survive the termination of this Agreement for a period of two (2) years.

10. Third-Party Platforms and Tools

Mera Marketing uses third-party platforms and tools to deliver services, including Google Ads, Google Analytics, Google Search Console, Google Business Profile, WordPress, and various SEO and reporting tools. The Client acknowledges that:

  • The availability, performance, and features of these platforms are governed by their respective providers and may change without notice
  • Mera Marketing is not responsible for platform outages, algorithm changes, policy updates, or changes in ad platform rules that affect campaign performance
  • Google Ads policies and search engine algorithm updates may impact campaign and SEO results independently of Mera Marketing’s efforts

11. Termination

11.1  Termination by Client. The Client may terminate this Agreement with thirty (30) days written notice. All fees for services rendered up to the date of termination remain payable. Any cash-back guarantee is forfeited upon early termination.

11.2  Termination by Mera Marketing. Mera Marketing may terminate this Agreement with thirty (30) days written notice. In the event of termination by Mera Marketing without cause, the Client will receive a pro-rated refund for any prepaid services not yet rendered.

11.3  Termination for Cause. Either party may terminate this Agreement immediately upon written notice if the other party materially breaches the Agreement and fails to remedy the breach within ten (10) business days of receiving written notice.

11.4  Post-Termination. Upon termination, Mera Marketing will provide the Client with reasonable transition support, including transfer of account access and delivery of completed work product. Third-party platform accounts owned by the Client will be returned to the Client’s direct control.

12. Limitation of Liability

12.1  To the maximum extent permitted by applicable law, Mera Marketing’s total liability to the Client for any claim arising out of or related to this Agreement shall not exceed the total fees paid by the Client to Mera Marketing in the three (3) months preceding the event giving rise to the claim.

12.2  Mera Marketing is not liable for indirect, consequential, incidental, or punitive damages, including loss of revenue, loss of business opportunities, or loss of data, arising out of or related to the services provided.

12.3  Mera Marketing is not responsible for results that fall short of the Client’s expectations where those expectations were not defined in writing in the service agreement, or where underperformance is attributable to factors outside Mera Marketing’s control, including search engine algorithm changes, market shifts, or Client-side delays.

13. Accessibility Commitment (Accessible Canada Act)

Mera Marketing is committed to the principles of the Accessible Canada Act (S.C. 2019, c. 10), which aims to identify, remove, and prevent barriers for persons with disabilities across Canada. As a digital marketing agency, our commitment extends to the work we do for clients:

  • All websites designed and built by Mera Marketing are developed with WCAG 2.1 AA accessibility standards as a baseline requirement, to the extent technically feasible within the agreed project scope
  • We provide accessible formats of this Agreement and engagement documentation upon request (e.g., large print, plain language summaries)
  • Our own website (trymera.com) is maintained to meet WCAG 2.1 AA accessibility standards to the extent practicable
  • We accommodate reasonable accessibility requests from clients and prospective clients during consultations and throughout the engagement
  • We maintain an accessible feedback process for clients to report accessibility barriers

To request an accessible format of this Agreement or to communicate an accessibility need, please contact us using the details in Section 15.

14. Governing Law

This Agreement is governed by the laws of the Province of Alberta and the applicable federal laws of Canada. Any disputes shall first be attempted to be resolved through good-faith negotiation. If unresolved within thirty (30) days, disputes shall be resolved in the courts of Calgary, Alberta.

15. Changes to Terms

We reserve the right to update these Terms and Conditions at any time. Updated terms will be posted on our website at trymera.com with a revised effective date. Continued use of our services after changes are posted constitutes acceptance of the revised terms.

16. Contact Us

For questions about these Terms and Conditions, the cash-back guarantee, or to make an accessibility request, please contact:

Mera Marketing