Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "User," or "you") and Ignite Media ("Company," "we," "us," or "our"), a digital advertising and lead generation agency located at 151 Mill Street, Toronto, ON, M5A 4T8, Canada.

1 About Ignite Media & Services Offered

Ignite Media is a digital advertising and lead generation agency dedicated to helping businesses grow through performance-focused marketing strategies. We operate primarily online and serve clients across North America.

Our services include, but are not limited to:

The specific scope, deliverables, and timeline of services will be outlined in a separate written agreement or proposal provided to each client prior to engagement.

2 Eligibility & User Accounts

2.1 Age Requirement

You must be at least 18 years of age to use our Site or engage our services. By accessing our Site or submitting any form, you represent and warrant that you are 18 years of age or older.

2.2 Business Use

Our services are intended for business use. If you are accessing our Site or engaging our services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2.3 Accurate Information

When submitting any form, inquiry, or engaging our services, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of any information you provide to us.

2.4 Prohibited Uses

You agree not to use our website or services to:

• Violate any applicable local, provincial, national, or international law or regulation
• Engage in fraudulent, deceptive, or misleading activity
• Transmit any unsolicited or unauthorized advertising or promotional material
• Attempt to gain unauthorized access to any part of our systems or infrastructure
• Interfere with or disrupt the integrity or performance of our website or services
• Harass, abuse, or harm any person or entity
• Use our services to promote illegal products, services, or activities

3 SMS / Text Message Communications

3.1 Types of SMS Messages

3.2 Message Frequency

Message frequency varies. Transactional messages are sent as needed based on your activity. Marketing messages are sent periodically. You will not be bombarded with excessive messages.

3.3 Message & Data Rates

Message and data rates may apply depending on your mobile carrier plan. Ignite Media does not charge separately for SMS messages, but your carrier may apply standard rates.

3.4 Opt-Out Instructions

You may opt out of SMS communications at any time by replying STOP to any message received from Ignite Media. Upon receiving your STOP request, we will send one final confirmation message and will not send further SMS messages to your number unless you re-subscribe.

3.5 Help & Support

For assistance with our SMS program, reply HELP to any message, or contact us directly at [email protected] or +1 (437) 922-7641.

3.6 No Selling of Phone Numbers

Ignite Media will not sell, rent, lease, or share your mobile phone number with any third party for their own marketing purposes. Your number is used solely by Ignite Media to communicate with you as described in these Terms.

3.7 Consent Is Voluntary

Consent to receive SMS messages is entirely voluntary and is never a condition of purchasing any product or service from Ignite Media. Opting out will not affect your ability to access or use our services.

4 Service Agreements & Engagement Terms

4.1 Proposals & Agreements

All client engagements for paid services begin with a written proposal or service agreement that outlines the scope of work, deliverables, timeline, and fees. These Terms of Service govern all engagements unless a separate written agreement explicitly supersedes specific provisions.

4.2 Approval Process

We will provide you with campaign strategies, ad creatives, copy, and related materials for your review and approval prior to launch. You are responsible for reviewing all materials for accuracy, compliance with your industry regulations, and alignment with your brand guidelines before granting approval.

4.3 Third-Party Platform Accounts

Many of our services require access to or management of third-party advertising platforms (e.g., Google Ads, Meta Business Manager). You agree to:

• Provide Ignite Media with appropriate account access to perform the agreed services
• Maintain ownership of all advertising accounts in your name or your business's name
• Comply with the terms of service of all third-party platforms used in connection with our services
• Be solely responsible for any violations of third-party platform policies arising from your business, products, or services

4.4 Ad Spend

Unless otherwise agreed in writing, advertising budget (ad spend) paid directly to platforms such as Google or Meta is separate from Ignite Media's management fees and is your direct responsibility. Ignite Media is not responsible for how third-party platforms allocate or charge your ad spend.

4.5 Timeline & Delays

Ignite Media will use commercially reasonable efforts to meet agreed timelines. However, timelines may be affected by factors outside our control, including delays in receiving materials or approvals from you, changes in platform policies, or technical issues with third-party platforms. We will communicate any significant delays promptly.

5 Fees, Billing & Payment

5.1 Pricing

Our current service plans and pricing are listed on our website. We reserve the right to modify pricing at any time. Price changes will not affect active agreements already in force unless otherwise stated in writing.

5.2 Payment Terms

Unless otherwise specified in your service agreement:

• Payment is due in advance at the beginning of each billing cycle
• Accepted payment methods will be communicated during onboarding
• All fees are quoted and billed in Canadian Dollars (CAD) unless otherwise agreed
• Invoices not paid within 15 days of the due date may result in suspension of services

5.3 Late Payments

Overdue balances may be subject to a late fee of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower. Ignite Media reserves the right to suspend or terminate services for accounts with outstanding unpaid balances.

5.4 Refund Policy

Due to the nature of digital marketing services and the time invested in strategy, setup, and execution:

• Management fees paid are generally non-refundable once work has commenced
• If Ignite Media is unable to deliver the agreed services due to circumstances within our control, a prorated refund may be issued at our discretion
• Ad spend paid directly to third-party platforms (Google, Meta, etc.) is subject to those platforms' own refund policies and is not within Ignite Media's control

Refund requests must be submitted in writing to [email protected] within 7 days of the billing date in question.

5.5 Taxes

You are responsible for all applicable taxes, duties, and levies associated with your purchase of services, including any GST/HST applicable under Canadian tax law. Ignite Media will include applicable taxes on invoices as required by law.

6 Client Responsibilities

To enable Ignite Media to deliver services effectively, you agree to:

• Provide timely access to accounts, assets, brand guidelines, and information reasonably required to perform the services
• Respond to requests for approvals, feedback, or information within a reasonable timeframe (typically 3–5 business days)
• Ensure that all information, content, products, and services you provide to us or ask us to advertise are accurate, lawful, and compliant with applicable regulations (including industry-specific regulations such as healthcare, finance, or legal advertising rules)
• Maintain all necessary licenses, permits, and approvals required to operate your business and advertise your products or services
• Not engage in any deceptive, misleading, or illegal business practices
• Promptly notify Ignite Media of any material changes to your business, products, services, or legal/compliance status that may affect our work

Ignite Media is not responsible for delays, poor performance, or campaign failures caused by your failure to fulfill these responsibilities.

7 Intellectual Property

7.1 Ignite Media's IP

All content on our website, including text, graphics, logos, images, and software, is the property of Ignite Media or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on our Site without our prior written permission.

7.2 Work Product Ownership

Upon full payment of all fees owed, creative assets and campaign materials specifically developed for your business (such as custom ad copy, landing page designs, and graphics created exclusively for your campaigns) become your property. Strategic frameworks, processes, templates, proprietary systems, and tools developed or used by Ignite Media remain the exclusive property of Ignite Media.

7.3 Client-Provided Materials

You grant Ignite Media a non-exclusive, royalty-free license to use your logos, brand assets, content, and other materials solely for the purpose of delivering the agreed services. You represent and warrant that you own or have the necessary rights to all materials you provide to us, and that their use by Ignite Media will not infringe any third-party rights.

7.4 Portfolio Use

Unless you request otherwise in writing, Ignite Media reserves the right to reference you as a client and showcase anonymized campaign results (without disclosing confidential business data) in our marketing materials, website, and portfolio.

8 Confidentiality

Both parties acknowledge that during the course of the engagement, each may have access to confidential information belonging to the other party, including but not limited to business strategies, financial data, customer lists, technical systems, and campaign performance data.

Each party agrees to:

• Keep all confidential information strictly confidential
• Not disclose confidential information to any third party without prior written consent
• Use confidential information solely for the purposes of fulfilling obligations under the service agreement
• Apply the same degree of care to protecting confidential information as it applies to its own confidential information (but no less than reasonable care)

These confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, or that is required to be disclosed by law or court order.

9 Disclaimers & No Guarantee of Results

9.1 No Performance Guarantee

While Ignite Media will apply its best efforts, expertise, and proven methodologies to your campaigns, we do not guarantee any specific number of leads, conversions, sales, revenue, return on ad spend (ROAS), or any other performance metric. Past results achieved for other clients are not a guarantee of future results for your business.

9.2 Third-Party Platform Dependency

Our services are heavily dependent on third-party platforms (Google, Meta, etc.) whose algorithms, policies, and performance can change without notice. Ignite Media is not responsible for performance impacts caused by changes to third-party platform policies, algorithm updates, increased competition in your market, or platform outages.

9.3 Website Disclaimer

Our website is provided on an "as is" and "as available" basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

10 Limitation of Liability

To the maximum extent permitted by applicable law, Ignite Media and its officers, directors, employees, agents, and contractors shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business, or goodwill
• Damages resulting from your inability to access or use our services
• Damages resulting from third-party platform changes, outages, or policy violations
• Damages resulting from unauthorized access to or alteration of your data

In any event, Ignite Media's total cumulative liability to you for any claims arising out of or related to these Terms or our services shall not exceed the total fees paid by you to Ignite Media in the three (3) months immediately preceding the event giving rise to the claim.

11 Indemnification

You agree to defend, indemnify, and hold harmless Ignite Media and its officers, directors, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of our website or services
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Any content, products, or services you ask us to advertise that infringes third-party intellectual property or violates applicable law
• Any misrepresentation made by you to Ignite Media or to end consumers through campaigns we manage on your behalf
• Your failure to comply with the terms of third-party advertising platforms

12 Termination

12.1 Termination by Client

You may terminate your engagement with Ignite Media at any time by providing written notice in accordance with the notice period specified in your service agreement (typically 30 days). Early termination may be subject to fees as outlined in your service agreement.

12.2 Termination by Ignite Media

Ignite Media reserves the right to suspend or terminate services immediately, with or without notice, in the following circumstances:

• Non-payment of fees
• Breach of these Terms or your service agreement
• Engaging in fraudulent, deceptive, or illegal activity
• Providing false or misleading information
• Any action that exposes Ignite Media to legal liability or reputational harm

12.3 Effect of Termination

Upon termination:

• All outstanding fees become immediately due and payable
• Ignite Media will remove access to your advertising accounts within a reasonable timeframe
• Provisions of these Terms that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, and indemnification) shall continue to apply

13 Dispute Resolution & Governing Law

13.1 Governing Law

These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

13.2 Informal Resolution

Before initiating any formal legal proceeding, both parties agree to attempt to resolve any dispute informally by contacting the other party in writing and providing a description of the dispute and the resolution sought. Both parties will make a good-faith effort to resolve the matter within 30 days of receiving such notice.

13.3 Arbitration

If the dispute cannot be resolved informally, both parties agree that any unresolved dispute, controversy, or claim arising out of or relating to these Terms or our services shall be settled by binding arbitration administered in Toronto, Ontario, Canada, in accordance with the applicable arbitration rules. The decision of the arbitrator shall be final and binding on both parties.

13.4 Jurisdiction

For any matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

13.5 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Ignite Media.

14 General Provisions

14.1 Entire Agreement

These Terms, together with any applicable service agreements, proposals, and our Privacy Policy, constitute the entire agreement between you and Ignite Media with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.

14.2 Amendments

Ignite Media reserves the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date at the top of this page and, where appropriate, by email or a prominent notice on our website. Your continued use of our Site or services after any changes constitutes your acceptance of the revised Terms.

14.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable. The remaining provisions of these Terms shall continue in full force and effect.

14.4 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Ignite Media to be effective.

14.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Ignite Media may assign these Terms or any rights hereunder without restriction.

14.6 Force Majeure

Ignite Media shall not be liable for any delay or failure to perform obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet or platform outages, or other events beyond our control.

14.7 Language

These Terms are written in English. If translated into another language, the English version shall prevail in the event of any conflict or inconsistency.

15 Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: