Terms and conditions
- Acceptance of these terms
- Who we are
- Our services
- Performance guarantee
- Quotes, fees and payment
- What we need from you
- Ownership of the work
- Hosting and availability
- Voice AI receptionist
- Text messaging
- Third party services
- Warranties and disclaimers
- Limitation of liability
- Indemnity
- Term and termination
- Governing law
- Changes to these terms
- Contact us
Acceptance of these terms
By using this website, contacting us through it, or engaging us to provide services, you agree to these terms. If you do not agree, please do not use the site or our services.
Where we have signed a separate written agreement or proposal with you, that document takes precedence over these terms to the extent the two conflict.
Who we are
Pulse Media Agency, of Toronto, Ontario. You can reach us on 905 466 2458 or colin@pulsemediaagency.ca.
Our services
We provide local search engine optimisation for Google Search and Google Maps, answer engine optimisation for AI search tools, website design, build and hosting, and software and automation, including a Voice AI receptionist. The exact scope of what we are providing to you is set out in your agreement.
We may improve or change how a service is delivered. If a change materially reduces what you are receiving, we will tell you before it takes effect.
Performance guarantee
Where your agreement includes it, our 90 day guarantee applies under the guarantee terms, which set out what is measured, how results are tested, what pauses the clock and what happens if the guarantee is not met. The guarantee applies only where it is stated in your agreement.
Quotes, fees and payment
- Quotes are valid for thirty days unless stated otherwise.
- Build work is typically invoiced with a deposit before work starts and the balance on launch. Recurring services are invoiced monthly in advance.
- Invoices are due on the terms shown on the invoice. We may suspend services on accounts that remain unpaid after we have given you written notice and a reasonable opportunity to pay.
- Any advertising spend paid to third party platforms is separate from our fees and is your cost. We will always tell you what it is before it is spent.
- Fees are exclusive of applicable taxes.
What we need from you
The work runs on the access and material you give us. You agree to provide account access, content, photography and approvals in a reasonable time, and you confirm that anything you give us is yours to use or properly licensed. Delays in any of these pause the guarantee clock, as set out in the guarantee terms.
You are responsible for the accuracy of the business information we publish on your behalf, including pricing, licensing, insurance details and any claims made about your services.
Ownership of the work
On full payment, you own the finished website design, the content you supplied and the content we wrote for you. You also own your domain name, your Google Business Profile and your customer data at all times.
We keep ownership of our underlying tools, components, code libraries, processes and anything we built before or outside your project. We grant you a perpetual licence to use those elements as part of your site. Third party software, fonts and stock assets remain under their own licences.
Unless you ask us not to, we may show the work in our portfolio and describe the results it produced.
Hosting and availability
We monitor hosted sites continuously and take nightly off site backups. We aim for high availability but we do not guarantee uninterrupted service, because parts of the stack are outside our control, including your domain registrar, upstream networks and third party platforms.
Planned maintenance is scheduled outside business hours wherever possible. Hosting does not include full site redesigns, new page templates or new functionality, which are quoted separately.
Voice AI receptionist
The Voice AI receptionist answers calls automatically using an artificial voice. It is configured with the information you give us about your prices, hours, service area and common questions, and it books appointments into your calendar.
- Callers are informed that they are speaking to an automated assistant. Calls may be recorded or transcribed where the law permits and where you have configured us to do so. You are responsible for meeting any call recording notice requirements that apply in your jurisdiction.
- The service is not an emergency line. It must not be presented to the public as a route to emergency, medical or crisis assistance.
- Automated systems make mistakes. You should review bookings and messages, and we are not liable for a booking that is mis-taken, missed or duplicated beyond the limits set out below.
- You are responsible for the accuracy of the information the assistant is configured to give out, including quoted prices.
Text messaging
Where you provide a mobile number and consent, including when you book a call through the calendar on this site, we may send text messages relating to your enquiry, your appointments and your account, and marketing messages where you have separately opted in to them.
- Message frequency varies. Message and data rates may apply.
- Reply STOP at any time to stop receiving messages.
- Reply HELP for help, or contact colin@pulsemediaagency.ca.
- Carriers are not liable for delayed or undelivered messages.
- Consent to marketing messages is never a condition of purchase.
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with any third parties. Full detail is in our privacy policy.
Where we send messages on behalf of a client, that client is responsible for obtaining valid consent from their own contacts and for complying with all applicable messaging law, including Canada’s Anti-Spam Legislation.
Third party services
Our services depend on third party platforms, including Google, OpenAI and other AI providers, HighLevel Inc. (GoHighLevel) and LeadConnector for booking, messaging and customer relationship management, and hosting providers. Their availability, policies, algorithms and pricing are outside our control, and your use of them is subject to their own terms.
Warranties and disclaimers
We will provide our services with reasonable skill and care, by people who know what they are doing.
Except for the performance guarantee, where your agreement includes it and on the terms set out in the guarantee terms, we do not guarantee any particular search ranking, volume of leads, conversion rate, revenue or other commercial outcome. Results depend on your market, your competitors, your pricing and how you handle the enquiries that come in. Testimonials on this site reflect individual client results and are not a guarantee of typical results. Beyond the above, and to the fullest extent the law allows, the services are provided as is and we exclude all other warranties, express or implied.
Limitation of liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
Subject to that, we are not liable for indirect or consequential loss, loss of profit, loss of business, loss of goodwill or loss of data, and our total liability arising out of or in connection with the services in any twelve month period is limited to the fees you paid us in that period.
Indemnity
You agree to indemnify us against claims arising from content or information you supply, from your instructions to us, or from your breach of these terms, including claims that material you gave us infringes someone else’s rights.
Term and termination
SEO and AEO engagements have a minimum term of three months from the start date in your agreement, because the guarantee needs that runway. Other recurring services run month to month unless your agreement says otherwise, and either of us may end them with thirty days written notice. Build projects end when the work is delivered and paid for.
We may suspend or end services immediately if an account remains unpaid after notice, or if the services are used unlawfully or in a way that puts us or our providers at risk.
On termination, we will give you an export of your site and your customer data. Fees already incurred remain payable, and work paid for remains yours.
Governing law
These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in it. The courts of Ontario have exclusive jurisdiction, except that we may bring proceedings to recover unpaid fees in the courts of the place where you are located.
If any provision of these terms is found unenforceable, the rest continues to apply.
Changes to these terms
We may update these terms. The date at the top of this page shows when they last changed. If a change materially affects an existing engagement, we will tell you directly before it applies to you.
Contact us
Pulse Media Agency
Toronto, Ontario
905 466 2458
colin@pulsemediaagency.ca