Terms of Service

Digital Marketing Services Provided

Last Updated June 2019

The services that are provided by Vicara Marketing as of this day are the specified hereunder; however, Vicara Marketing may add or deprecate any services according to its sole discretion and without any prior notice.

  • Analytics Reporting: Vicara Marketing provides analytics reporting services that include but are not limited to tracking goals, creating dashboards with third-party software tools and providing monthly reports.
  • Content Marketing: Vicara Marketing provides content marketing services that include but are not limited to written content for blog articles, websites, social media and email newsletters.
  • Paid Advertising: Vicara Marketing provides paid advertising services for search engines, social media networks, as well as audits for existing ad campaigns and strategies for optimizing conversions.
  • Social Media: Vicara Marketing provides social media services that include but are not limited to strategic planning, social listening, community management and creating contests and promotions.
  • Software Training: Vicara Marketing provides software training services for a variety of software tools, which can include, but are not limited to WordPress, Elementor page builder, Mac OS, Apple iOS, and Camtasia.
  • Web Design: Vicara Marketing provides website development services for WordPress on an hourly and project basis, which can include, but are not limited to creating a new WordPress website, redesigning an existing WordPress website, and/or providing an audit with recommendations for improving the design, usability and Search Engine Optimization (SEO) performance.
 

Payment for Services Rendered

For the services provided to you by Vicara Marketing, you shall be required to pay the fees as quoted. The payment shall be made via credit card (Stripe or PayPal), business cheque or email money transfer (in some cases). In any case where you purchase a subscription for hosting, the billing shall be made under a recurring basis.

Vicara Marketing reserves the right to adjust its service fees from time to time. These rates may be yearly, monthly, weekly, daily or one-time fees.

Discounted fees are occasionally provided to startup companies and non-profit organizations upon request.

 

Refund Policy

Vicara Marketing does provide a 30 day no questions asked refund for its customers, which shall be counted from the end of the business day when the purchase was made; it may refuse to refund clients who act in bad faith or misused the services.

If we attempt to but cannot fix your WordPress issue, we will refund your payment.

 

Chargeback Policy

If you run a chargeback against our company our accounting department will vigorously defend it. At the moment we receive the chargeback we are no longer obligated to perform the services you charged back, even if we win the chargeback. The time we would have spent on your project will be spent on the chargeback.

 

Customer Support

Vicara Marketing values its customers and will provide support on a best-effort basis, meaning that our team will do its best to respond to any support issues in a timely manner. In the case where additional technical expertise is required, Vicara Marketing will seek the help of third-party software companies, external agencies and/or professional freelancers to determine the best method for troubleshooting the issue quickly and efficiently.

Support can be provided by phone, live chat, and/or screen-sharing depending on the customers’ needs. If you are concerned about us troubleshooting your website during business hours, we can clone your website to our development server.

We use Pingdom Tools, along with other tools, to benchmark and measure website speed performance. While our best effort will be made to get good scores on other tools, you understand and agree that we will only use Pingdom Tools for our reports.

We reserve the right to not accept an issue that we feel is not a good fit for our expertise. Examples of issues that may not be accepted include:

  • Any interaction with 3rd party API or service, e.g., Infusionsoft
  • Amazon Web Services (AWS) issues
  • Hacked website issues
  • Responsive website CSS for a whole page or website
  • Any task that requires Remote Desktop (RDP)
  • Any task that requires FTP access
  • Any task that requires MySQL access
  • Payment Processor (Authorize.net, Stripe, TSYS, et al) issues and debugging
  • Localhost/LAMP/MAMP tasks
  • Website cloning & website migration
  • Complex Woocommerce issues or creating new products
  • Adding functions (search, widget, new layouts, etc)
  • Plugin conflicts
  • Theme or plugin bugs (especially known, unfixable known bugs)

If we do take a task with any of the above issues, providing you with the diagnosis of the issue will be considered the full usage of a WordPress support ticket, as diagnosing and locating advanced issues is in itself a professional service.

If we diagnose that your website has been hacked, this will be considered the full usage of a WordPress support ticket, as diagnosing and locating hacked code is in itself a professional service.

 

Amending These Terms

Vicara Marketing may amend or change these terms from time to time, and may notify you about such changes. If you decide that any change does not conform with your understandings with Vicara Marketing, you can, by yourself, terminate these terms. If you decide to do so, in some cases, the content in our work portfolio showcasing your project shall remain on the Vicara Marketing website.

Any change of these terms shall not have retroactive effect. You are required to inspect these terms from time to time.

 

Termination

Vicara Marketing may, according to its sole discretion, terminate these terms of service, the service or any service provided by it for any reason, for all the users or just to you, for any cause and for no cause, including, without limitation, due to lack of use or if Vicara Marketing believes that you breached these terms of service, or acted in a manner which may harm the spirit of these terms of service. Vicara Marketing may, moreover and according to its sole discretion, refrain from providing the service or any part thereof, with or without any prior notice.

You hereby warrant that any termination of your access to the service or services may apply without prior notice, and acknowledge that Vicara Marketing may terminate the services immediately.

Moreover, Vicara Marketing shall not be liable for any damage caused to you or any third-party as a result of terminating these terms of service. However, in any case where Vicara Marketing shall terminate these terms not due to your breach of these terms, then it shall continue to provide you with services for the term you paid, or refund your proportional part, according to your discretion.

 

Indemnification

You hereby warrant and agree to hold Vicara Marketing harmless and to indemnify Vicara Marketing for any claim brought against it by a third-party due to your breach of representations and/or obligations under these terms. This indemnification shall be made promptly, according to Vicara Marketing’s request.

 

Entire Agreement

These terms of service constitute the entire agreement between Vicara Marketing and yourself and shall only be amended by written instrument. Any waiver, delay or withholding by Vicara Marketing to enforce its rights shall not be constructed as an amendment.

 

Governing Law

These terms of service shall be exclusively governed by the laws of Canada, and any dispute arising from it shall be exclusively brought to the courts of the province of Quebec.

 

No Class Action

You undertake not to engage in any class action against Vicara Marketing and solely to claim your losses personally.