Terms of Service

WEBSITE AND GENERAL SERVICES 

BubbleUP Marketing Corporation (“BubbleUP”) 

Terms of Service (“TOS”) 

1. PAYMENT TERMS

The Client shall pay to BubbleUP the agreed upon fee as scheduled in the Payment Terms of the Agreement, without deduction or set-off, within 15 net days of the invoice date. The Client shall also pay to BubbleUP any additional charges incurred which include but are not limited to website software, ad management, plugins, or technical support requests. 

• Web projects invoiced at 25% with progress billing until launch
• Digital Marketing invoiced as per monthly contract, plus setup fee
• Strategy sessions invoiced at 100% contract value upon signing
• Design/Print work invoiced at time of Client approval 
• Non-quoted work invoiced hourly 
• Web Hosting payable monthly (direct debit) 
• Web projects include 90-days of complimentary website hosting (1) Accounts in arrears of more than 90 days are subject to suspension. 

2. SUPPLY OF SERVICES 

BubbleUP shall have control and discretion in respect of the timing of, availability of and frequency with which BubbleUP provides the Services to the Client in accordance with the TOS of the Agreement. BubbleUP shall act in good faith to ensure the Agreement is fulfilled on time and within the agreed upon Fee. 

3. ADDITIONAL SERVICES 

In the event the Client desires additional services from BubbleUP that are not listed as Services in the originating Agreement, the Client shall communicate this to BubbleUP and BubbleUP shall provide a quote for Additional Services in addition to the originating Agreement. 

4. PRIVACY & INDEMNIFICATION 

The information of the Client given to BubbleUP shall be used and disclosed by BubbleUP in accordance with its Privacy Terms and Conditions on our website at www.bubbleup.ca. Notwithstanding the aforementioned, the Client agrees and understands that, due to the nature of digital transactions, BubbleUP cannot provide any such guarantee, promise or covenant that the Client’s information and content shall remain secure and not be publicly disclosed, accessed, distributed or hacked into in any manner or to any degree. BubbleUP shall take all necessary steps to mitigate virtual access to Client’s information. The Client shall use BubbleUP’s services at their own risk. The Client agrees that it shall defend, indemnify, save and hold BubbleUP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BubbleUP, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold the Client, its agents, employees or assigns. 

Due to some technological limitations with our choice domain registrar DomainsAtCost.ca, some domain information may be registered to BubbleUP. BubbleUP agrees that the Client will still own the domain. 

5. DISCLAIMER 

None of the Services provided by BubbleUP shall be construed as providing advice in respect of any legal, accounting, tax or website security matter. Although BubbleUP does provide reliable and robust website, email, and hosting services, the Client is encouraged to backup their own data 

6. OWNERSHIP AND CONFIDENTIALITY 

The Client acknowledges and agrees that all documentation, information, designs, and processes related to the Services of BubbleUP (the “Confidential Information”) is the sole property of BubbleUP and that BubbleUP shall retain all rights and interests in and to the Confidential Information. The Client further acknowledges and agrees that the Confidential Information constitutes valuable trade secrets of BubbleUP, and the Client shall keep the Confidential Information in strict confidence and shall not, at any time during or after the Term, disclose,

use or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. 

7. COMPLIANCE AND GOVERNANCE 

BubbleUP and the Client shall comply with all municipal, provincial and federal laws and regulations and all international agreements and protocols. This Agreement shall be enforced in accordance with the laws of the Province of Alberta. 

8. DUTY OF THE CLIENT 

The Client shall cooperate with BubbleUP while BubbleUP is providing its Services and shall share such information about its business and website as BubbleUP may require in providing its Services. 

9. NO LIABILITY 

BubbleUP shall not be liable in contract, tort (including negligence or breach of any statutory duty owed) or otherwise in respect of any damages, loss or costs incurred by the Client in respect of any increased costs, expenses, or loss of profit or revenue incurred or suffered by the Agreement. In the event any court of competent jurisdiction finds that BubbleUP is liable in respect of any damages, loss or costs incurred by the Client, then the maximum amount of such damages, loss or costs which BubbleUP shall be liable for shall be fixed at the Fees paid by the Client to BubbleUP up to the date that the damages. 

10. EVENTS OF DEFAULT 

The failure of the Client to comply with a term or condition set out in this Agreement, on a one-time or habitual basis may, at the discretion of BubbleUP, be deemed an Event of Default. 

11. EARLY TERMINATION 

The Client may terminate this Agreement upon providing 30-days’ written notice to BubbleUP. During this notice period, BubbleUP shall continue to provide Services and any Additional Services previously requested by the Client. The Client is responsible for fees incurred through the end of the notice period, including any 

work in progress. Web Hosting paid in advance of the notice period is non-refundable. 

12. RENEWAL 

Following the end of the initial Contract term, the Agreement shall continue on a monthly basis. 

13. FORCE MAJEURE 

BubbleUP shall not be required or be under any obligation to perform or complete its Services or Additional Services if an event occurs which prevents BubbleUP from performing or completing the Services or Additional Services the cause of which is beyond the reasonable control of BubbleUP, including, but without restricting the generality of the foregoing, a flood, strike, earthquake, insurrection, lockout, interruption in the world wide web, war or any act of God.

14. SEVERABILITY 

In the event that any provision of this Agreement is declared, deemed, held or adjudicated to be invalid or unenforceable, the provision shall be severed from this Agreement and such invalidity or unenforceability shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full 

force and effect and be construed as if this Agreement had been executed without the invalid or enforceable portion. 

15. ENTIRE AGREEMENT 

This Agreement contains the entire agreement between the Parties. There are no other agreements, representations, warranties, guarantees, terms, covenants, in writing or verbally. 

(1) Complimentary web hosting commences upon signing of the contract. Monthly billing will commence 91 days after signing. Complimentary hosting is not transferable or negotiable, it holds no cash-value, and is subject to monthly hosting Terms of Service.

MULTI SERVICE 

BubbleUP Marketing Corporation (“BubbleUP”) 

Terms of Service (“TOS”) 

1. PAYMENT TERMS 

The Client shall pay BubbleUP the agreed-upon fee as scheduled in the Agreement’s Payment Terms, without deduction or set-off, within 15 net days of the invoice date unless otherwise stated on the invoice. Invoices for ongoing services will be issued at the beginning of the month.

The Client shall also pay BubbleUP any agreed-upon additional charges incurred, including website software, ad management, plugins, or technical support requests.

Payments shall be made by the due date indicated by PAD Agreement, EFT, Interac E-Transfer, or a cheque mailed to our office.

• Web projects are invoiced at 25% upon signing, with progress billing to follow. The first payment is due prior to the project kick-off, and the final payment is due prior to launch.
• Digital Marketing’s first invoice will consist of the first & last month’s services
• Strategy Sessions are invoiced at 100% of the Agreement value upon signing. Payment in full is due prior to the Strategy Session date.
• Design/Print work is invoiced at 100% at the time of Client approval.
• Non-quoted work is invoiced hourly.
• Travel is invoiced at our regular hourly rate and is considered out of scope.
• Web hosting is payable monthly (direct debit from credit card).
• There may be additional costs associated with websites that BubbleUP Marketing does not host.

Accounts in more than 30 days of arrears are subject to suspension of services. To resume services, the account must be in current standing.

2. SUPPLY OF SERVICES 

BubbleUP shall have sole control and discretion over the timing, availability, and frequency with which BubbleUP provides the Services to the Client in accordance with the Agreement’s TOS. BubbleUP shall act in good faith to ensure the Agreement is fulfilled on time and within the agreed-upon fee.

3. ADDITIONAL SERVICES 

If the Client desires additional services from BubbleUP that are not listed as Services in the originating Agreement, the Client shall communicate this to BubbleUP, and BubbleUP shall provide a quote for Additional Services in addition to the originating Agreement.

4. HOSTING – SERVER USE 

BubbleUP reserves the right to suspend or cancel hosting services to the Client in the event of non-payment or breach of the TOS. All services provided by BubbleUP may only be used for lawful purposes. Transmission, storage, or presentation of any information, data, or materials in violation of any Canadian, Provincial, or local law is strictly prohibited. This includes but is not limited to: copyrighted material, trademark, intellectual property, and material that BubbleUP determines to be threatening or obscene. Use is prohibited to promote illegal activity or which may be damaging to BubbleUP’s server. Links to such materials are also prohibited. Any activity, including adult content, illegal content, links to same, spamming, cracking, or hacking will result in your website being shut down without notice. All decisions regarding allowable content shall be at the sole and absolute discretion of BubbleUP.

5. HOSTING – HIGH RESOURCES 

Resources are defined as excessive disk space, utilization, and/or manipulation of BubbleUP’s servers. Use of BubbleUP’s servers and resources as a scripting test environment is strictly prohibited without express written consent and will result in immediate termination of all services under this Agreement.

6. PRIVACY & INDEMNIFICATION

The information of the Client given to BubbleUP shall be used and disclosed by BubbleUP in accordance with its Privacy Terms and Conditions on our website at www.bubbleup.ca. Notwithstanding the aforementioned, the Client agrees and understands that, due to the nature of digital transactions, BubbleUP cannot provide any such guarantee, promise or covenant that the Client’s information and content shall remain secure and not be publicly disclosed, accessed, distributed or hacked into in any manner or to any degree. BubbleUP shall take all necessary steps to mitigate virtual access to Client’s information. The Client shall use BubbleUP’s services at their own risk. The Client agrees that it shall defend, indemnify, save and hold BubbleUP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BubbleUP, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold the Client, its agents, employees or assigns.

Due to technological limitations with our choice of domain registrar, some domain information may be registered to BubbleUP. BubbleUP agrees that the Client will still have final say in where the domain is hosted, registered, and what contact information is assigned to the domain.

7. DISCLAIMER 

None of the Services provided by BubbleUP shall be construed as providing advice in respect of any legal, accounting, tax or website security matter. Although BubbleUP does provide reliable and robust website, email, and hosting services, the Client is encouraged to backup their own data.

8. OWNERSHIP AND CONFIDENTIALITY 

The Client acknowledges and agrees that all documentation, information, designs, intellectual property, coding, programming, and processes related to the Services of BubbleUP (the “Confidential Information”) is the sole property of BubbleUP and that BubbleUP shall retain all rights and interests in and to the Confidential Information. The Client further acknowledges and agrees that the Confidential Information constitutes valuable trade secrets of BubbleUP, and the Client shall keep the Confidential Information in strict confidence and shall not, at any time during or after the Term, disclose, use or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information. BubbleUP grants the exclusive, perpetual right and license for the Client to use, reproduce, adapt, modify, and display any completed work derived under the scope of this Agreement.

9. COMPLIANCE AND GOVERNANCE 

BubbleUP and the Client shall comply with all municipal, provincial and federal laws and regulations and all international Agreements and protocols. This Agreement shall be enforced in accordance with the laws of the Province of Alberta

10. DUTY OF THE CLIENT 

The Client shall cooperate with BubbleUP while BubbleUP is providing its Services and shall share such information about its business and website as BubbleUP may require in providing its Services.

Time is of the essence. The Client shall take appropriate steps and ensure that measures are in place that allow the project to move forward without incurring lengthy delays, including promptly and concisely providing Client feedback, revisions, and approvals to BubbleUP.

Failure to act promptly may result in additional costs to the Client, a significant delivery delay, or the need to sign a new client Agreement.

11. NO LIABILITY 

BubbleUP shall not be liable in contract, tort (including negligence or breach of any statutory duty owed) or otherwise in respect of any damages, loss or costs incurred by the Client in respect of any increased costs, expenses, or loss of profit or revenue incurred or suffered by the Agreement. In the event any court of competent jurisdiction finds that BubbleUP is liable for any damages, loss or costs incurred by the Client. The maximum amount of such damages, loss or costs for which BubbleUP shall be liable shall be fixed at the Fees paid by the Client to BubbleUP up to the date that the damages.

12. EVENTS OF DEFAULT 

The failure of the Client to comply with any term or condition set out in this Agreement, on a one-time or habitual basis may, at the discretion of BubbleUP, be deemed an Event of Default. These events include but are not limited to:

• Failure of the Client to render timely payment to BubbleUP, pursuant to the billing terms;
• The breach of any municipal, provincial, or federal law by the Client;
• The bankruptcy or appointment of a receiver or manager of the assets of undertakings of the Client;
• The commencement of any enforcement proceedings, writ proceedings, execution, sequestration, distress or other similar process against the Client;
• The Client ceases to or threatens to cease to carry on business;
• Control of the Client changes in any way, without BubbleUp’s written consent, including, but without restricting the generality of the foregoing, the change of directors, the sale of assets or shares of the Client and the merger or amalgamation of the Client with another person or entity;
• The Client causes an unreasonable or lengthy delay or fails to communicate with BubbleUP, which results in the inability to move a project forward;
• Any act to repudiate the Agreement or BubbleUP.

13. TERMINATION 

The Client may terminate this Agreement prior to the end of the Term upon providing 30 days written notice to BubbleUP. During this notice period, BubbleUP shall continue to provide Services and any Additional Services previously requested by the Client. The Client shall be responsible for fees incurred through the end of the notice period, including any fees related to the transfer request. Web Hosting paid in advance of the notice period is non-refundable.

14. TRAVEL 

The Client may request, or BubbleUP may suggest site visits that benefit the Client’s values and vision, including regular meetings to discuss deliverables, scope, timelines, or to obtain various content. Travel to and from the Client’s site or other sites as requested or required are considered out of scope, unless the originating Agreement includes such additional expenses.

15. RENEWAL 

Following the end of the initial Term, the Agreement will continue monthly unless otherwise agreed to in writing.

16. FORCE MAJEURE 

BubbleUP shall not be required or be under any obligation to perform or complete its Services or Additional Services if an event occurs which prevents BubbleUP from performing or completing the Services or Additional Services, the cause of which is beyond the reasonable control of BubbleUP, including, but without restricting the generality of the foregoing, a flood, strike, earthquake, insurrection, lockout, interruption in the world wide web, war or any act of God.

17. SEVERABILITY 

In the event that any provision of this Agreement is declared, deemed, held or adjudicated to be invalid or unenforceable, the provision shall be severed from this Agreement and such invalidity or unenforceability shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect and be construed as if this Agreement had been executed without the invalid or enforceable portion.

18. RIGHT TO COLLECT

In the event of default, and should any monies remain payable to BubbleUP for work performed, planned, completed, or delivered, BubbleUP retains the right to recover such sums from the Client through legal collection action.

19. BINDING NATURE 

This Agreement shall be binding upon the parties, their heirs, successors, executors and assigns.

20. ASSIGNMENT

The Client shall not assign or transfer this Agreement, or any right or benefit provided herein, to any person without the prior written consent of BubbleUp, whose consent may be arbitrarily withheld. The Client shall give notice in writing to BubbleUP in the event of assignment or transfer. BubbleUp may assign or transfer this Agreement, or any right or benefit provided herein, to any person, without any prior consent from the Client.

21. ENTIRE AGREEMENT 

This Agreement contains the entire Agreement between the Parties. There are no other Agreements, representations, warranties, guarantees, terms, covenants, in writing or verbally.

WEB HOSTING SERVICES

BubbleUP Marketing Corporation (“BubbleUP”) 

Terms & Conditions of Service (“TOS”) 

1. PAYMENT TERMS 

The Client shall pay BubbleUP a Hosting Fee without deduction or set-off. Payment will be automatic credit card withdrawal within 7 days of the invoice for as long as BubbleUP provides web hosting for the Client. The Client shall also pay BubbleUP any additional charges incurred, including but not limited to technical support requests, billed at our hourly rate of $160 per hour.

The Client shall make payments for Web Hosting as per the Agreement and, if applicable, will make annual payments for each Domain registered. Clients are required to keep a valid credit card on file with BubbleUP. Accounts in more than 30 days of arrears are subject to suspension of web hosting or domain services.

Accounts in arrears of more than 60 days may be subject to collection action

2. SUPPLY OF SERVICES 

BubbleUP shall provide web hosting services pursuant to this Agreement and shall automatically renew each year as long as BubbleUP is providing web hosting services.

3. ADDITIONAL SERVICES 

In the event that the Client desires additional services from BubbleUP that are not listed as Services in the originating Agreement, the Client shall communicate this to BubbleUP and BubbleUP shall provide a separate Quote and Agreement for additional services. Any changes to the project scope as listed in the Agreement shall be subject to additional costs.

4. DUTY OF THE CLIENT 

The Client shall cooperate with BubbleUP and promptly share information about its business and website as BubbleUP may require, including if the Client’s website or business ceases to operate or exist. The Client’s sole responsibility shall be website hosting charges incurred by failure to notify BubbleUP of these changes.

5. PRIVACY AND INDEMNIFICATION 

Information of the Client given to BubbleUP shall be used and disclosed by BubbleUP in accordance with its Privacy Terms and Conditions on our website at www.bubbleup.ca. The Client agrees and understands that, due to the nature of digital transactions, BubbleUP cannot provide any such guarantee, promise or covenant that the Client‘s information and content shall remain secure and not be publicly disclosed, accessed, distributed or hacked into in any manner or to any degree. The Client shall use BubbleUP’s services at their own risk. The Client agrees that it shall defend, indemnify, save and hold BubbleUP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against BubbleUP, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold the Client, its agents, employees or assigns.

Due to technological limitations with our choice of domain registrar, some domain information may be registered to BubbleUP. BubbleUP agrees that the Client will still have final say in where the domain is hosted, registered, and what contact information is assigned to the domain.

6. SERVER USE 

BubbleUP reserves the right to suspend or cancel hosting services to the Client in the event of non-payment or breach of the TOS. All services provided by BubbleUP may only be used for lawful purposes. Transmission, storage, or presentation of any information, data, or materials in violation of any Canadian, Provincial, or local law is strictly prohibited. This includes but is not limited to: copyrighted material, trademark, intellectual property, and material that BubbleUP determines to be threatening or obscene. Use is prohibited to promote illegal activity or which may be damaging to BubbleUP’s server. Links to such materials are also prohibited. Any activity, including adult content, illegal content, links to same, spamming, cracking, or hacking, will result in your website being shut down without notice. All decisions regarding allowable content shall be at the sole and absolute discretion of BubbleUP.

7. HIGH RESOURCES 

Resources are defined as excessive disk space, utilization, and/or manipulation of BubbleUP’s servers. Use of BubbleUP’s servers and resources as a scripting test environment is strictly prohibited without express written consent and will result in immediate termination of all services under this Agreement.

8. RELEASE 

The Client acknowledges and agrees to release BubbleUP against any claims or demands for damages, injury, loss, death, disability, suits, debts, sums of money, indemnity, expenses, interest, costs, and claims of any and every nature.

None of the Services provided by BubbleUP shall be construed as providing advice in respect of any legal, accounting, tax or website security matter. Although BubbleUP does provide reliable and robust website, email, and hosting services, the Client is encouraged to backup their own data.

9. COMPLIANCE AND GOVERNANCE 

This Agreement shall be enforced in accordance with the laws of the Province of Alberta. 

10. TERMINATION 

Hosting may be cancelled with a 30-day written notice to BubbleUP. Hosting fees paid in advance and which extend beyond the notice period are non refundable. Transfer of service requests will not be completed until the account balance is brought to current, including charges incurred for transfer services

11. ASSIGNMENT AND BINDING NATURE

The Client shall not assign or transfer this Agreement, or any right or benefit provided herein, to any person without the prior written consent of BubbleUp, whose consent may be arbitrarily withheld. BubbleUp may assign or transfer this Agreement, or any right or benefit provided herein, to any person, without any prior consent from the Client.

This Agreement shall be binding upon the parties, their heirs, successors, executors and assigns.

12. ENTIRE AGREEMENT 

This Agreement contains the entire agreement between the Parties. There are no other agreements, representations, warranties, guarantees, terms, covenants, in writing or verbally. By consenting to have BubbleUP host their website, the Client agrees to all terms and conditions herein.

General Pricing

Website Hosting (monthly, per website): $59.00 CAD

Domain Name Registration (annually, per domain): $40.00+ CAD

Help Desk / Technical Support (hourly): $160.00 CAD

Transfer of Web Hosting (hourly): $160.00 CAD

Fee to Reinstate Website (plus account balance in full): $29.00 CAD

+ Starting at $40.00 CAD per domain

Prices do not include GST and are subject to change