These terms and conditions (“Agreement”) apply to all work and all contracts and all work undertaken by Mar Mobile Solutions Inc. for its Clients.

In consideration of the terms contained herein, the parties agree as follows:

1.     Definitions

a.     “Agreement” means these terms and conditions.

b.     “Mar Mobile”, “We”, “Us” or “Our” means Mar Mobile Solutions Inc.

c.     “Client,” “You,” “Your” means any business or other persons accepting Services from Mar Mobile

d.     “Services” or “Work” means any work done by Mar Mobile for its Client including, but not limited to, the following services:

1.     Consulting Services

2.     Website Design and Development

3.     Ad Design

4.     Ad Campaign Management

5.     Content Writing

2.     Mar Mobile Obligations

a.     By using current versions of well supported content management systems such as “Wordpress”, Mar Mobile endeavours to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Firefox and Chrome. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

b.     Mar Mobile will make commercially reasonable efforts to provide the client with a clear outline of the Services to be completed, and where appropriate, a clear list of expected outcomes and functionality. This Work outline will be shared via email, and may be further explained via phone, video calls or in-person meetings.

3.     Client Obligations

a.     The client will supply all materials and information required by Us to complete the Work in accordance with any agreed to project scope or specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to Us which leads to a delay in the completion of work, We have the right to extend any previously agreed deadlines by a reasonable amount.

b.     In the event that We assist the Client with Services that require copy writing, content creation, or other related Work that will be posted or published by the Client, the Client will assume all responsibility of ensuring the accuracy of such content and takes all liability for the representations of such content. We are not responsible for misrepresentations that arise out of such Work. The Client will review all content and it is Your responsibility to request changes be made by Us within 3 business days of receipt. You hereby agree to assume all liability for such content.

c.     The client will communicate any requests, requirements, features or expectations not outlined in Our project scope communications in advance of Us starting the Work to allow Us to make adjustments to pricing as needed. Any requests made by the Client after the Work has started will be considered an addition to the scope and Mar Mobile will advise if additional costs will be incurred to meet such requests.

d.     The Client is responsible for complying with all relevant laws including laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Mar Mobile from any claim, penalty, tax, tariff loss or damage arising from Your or Your clients’ use of your websites including Internet electronic commerce.

4.     Fees & Payments

c.     Mar Mobile will provide the Client with a cost estimate for the Services and will receive agreement from the Client before beginning any work that could be charged to the Client.

a.     Cost structure will vary by project and can include any or all of the below:

i.     Project based price: the cost to complete a project with clearly defined outcomes agreed to by both parties

ii.     Hourly rate: a price set per hour of work completed by Us

iii.     Performance based: Lump sum, flat fee, or percentage-based payments based on specific outcomes

d.     Mar Mobile may require a deposit be paid up-front and will notify the Client of such requirement before beginning any work on the contracted Services.

e.     Mar Mobile will inform the Client of a payment schedule for the Services by email, and acceptance via email from the Client shall be binding. Mar Mobile will issue an invoice per the agreed to payment schedule, and the invoice will include a payment due date per the agreed to schedule.

5.     Additional Expenses

You agree to reimburse Us for any requested expenses which do not form part of Our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses. We will inform you of cost of such expenses in advance of purchasing on your behalf.

6.     Approval of Work

On completion of the Work you will be notified and have the opportunity to review it. You must notify Us in writing of any unsatisfactory points within 7 days of such notification. Any Work which has not been reported in writing to Us as unsatisfactory within 7 days will be deemed approved and will be invoiced according to the payment schedule agreed to.

7.     Rejection of Work

If You reject any of Our Work within the 7-day review period, or not approve subsequent Work performed by Us to remedy any points recorded as being unsatisfactory, and We, acting reasonably, consider that You have been unreasonable in any rejection of the Work, we can elect to treat this contract as at an end and take measures to recover payment for the completed Work.

8.     Subcontracting & Third Parties

We reserve the right to subcontract any Services that We have agreed to perform for You as We see fit. We may license technologies or use third party providers in the Work we complete for You, including, but not limited to technology providers like Content Management Systems, Website Builders, Payment Gateways, and the like.

9.     Non-Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

10.  Ownership of Domain Names and Web Hosting

We will provide You with account access for domain name registration and/or web hosting that We purchased on Your behalf when You reimburse Us for the related expenses.

11.  Back-Ups

You are responsible for maintaining your own backups with respect to Your website or any Services provided to You and We will not be liable for restoring any Client data or Client websites except to the extent that such data loss arises out of a negligent act or omission by Us.

12.  Consent to publication of business information

Mar Mobile will publish customer facing business information on the Mar Mobile Websites and through other marketing channels. This includes, but is not limited to, the Client’s logo, address, name, operating hours, and photos of the Client’s products and customer-facing business locations. If the Client does not wish to be included in such publications, You must inform Mar Mobile Solutions. If such publications have already been published, We will do what is reasonably possible to remove such publications, being mindful that certain items on the internet may remain in existence after they have been deleted.

13.  Warranties and limitation of liability

a.     While Mar Mobile will make commercially reasonable efforts to ensure that the Services remain available, Mar Mobile does not represent, warrant, or guarantee in any way the Work’s continued availability at all times or uninterrupted use by the Client or its customers.

b.     In the event that any Services or Work change as a result of changes in technology, We will make commercially reasonable efforts to ensure the Work is returned to its previous function. Examples include updates to 3rd party partner technology used in the Work, updates to Operating Systems and the like. In the event of substantial changes beyond Our control, We may require an additional fee to make such updates.

c.     To the maximum extent permitted by applicable law, Mar Mobile excludes all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which Mar Mobile may otherwise have to the Client as a result of any error or inaccuracies in any content published as part of the Services.

d.     We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

e.     Mar Mobile will not be liable for any loss or damage We cause which We could not reasonably anticipate.

f.      Notwithstanding any other provision of this Agreement, Mar Mobile does not exclude or limit its liability for death or personal injury arising from its negligence, for any fraudulent misrepresentation made by it, or for any other statutory rights which are not capable of being excluded.

14.  Warranty by You to Ownership or Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that You supply to Us or have us create for You to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website and other published materials such as marketing materials, social media profiles or online business profiles.

15.  Indemnity

In consideration of Mar Mobile providing the Services, the Client agrees to indemnify and hold Mar Mobile harmless from and against any liability which Mar Mobile may suffer or incur as a result of the willful misconduct or negligent act or omission of the Client.

16.  Governing Law

This Agreement shall be governed by, and construed in accordance with, the laws of the province of Ontario, Canada. Mar Mobile and the Client hereby irrevocably adhere to the jurisdiction of the courts of the Province of Ontario, Canada.

17.  Arbitration

a.     Mar Mobile and the Client agree that any dispute between them will be subject to binding arbitration. “Dispute” means any type of dispute that in any way relates to the relationship between the Client and Mar Mobile, including a disagreement about the terms or interpretation of this Agreement, that under law may be submitted to binding arbitration. The Client and Mar Mobile agree to share the costs of any arbitration equally. Any decision rendered by the arbitrator(s) shall be final and binding and may be entered into a court having jurisdiction over this Agreement.

b.     The above clause does not prevent Mar Mobile from applying to an appropriate court for an injunction or other similar remedy, to restrain the Client from committing any breach or anticipated breach of this Agreement, and for consequential relief.

18.  Assignment

No party to this Agreement may assign any rights or obligations pursuant to this Agreement without the written consent of the other parties. This Agreement shall bind the Client’s successors and/or assigns, and shall enure to the benefit of Mar Mobile, its successors and/or assigns.

19.  Severability

If any term of this Agreement is found to be invalid or unenforceable, in whole or in part, the validity or enforceability of any other provision will not be affected and will remain in full force and effect.

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