Limitation of Liability

SPARKLE BUSINESS SOLUTIONS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

User Content

We do not own any data, information or material (collectively, (“Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse to remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

User Conduct

You agree to not use the CRM to:

• Violate any applicable local, state/provincial, or federal law;

• Post or transmit any content that is unlawful, threatening, abusive, harassing, defamatory, or vulgar;

• Post or transmit any content that infringes upon another’s intellectual property rights or privacy;

• Post or transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation;

• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Post or transmit any viruses, worms, Trojan horses, or any other malicious or invasive code;

• Interfere with or disrupt the CRM, or disobey any requirements, procedures, policies, or regulations of networks connected to the CRM;

Sparkle Business Solutions reserves the right to delete or modify any content for any reason, including if any content violates these Terms.

Billing and Payment

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and the Website and Services are also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Late Payment Fees and Collection Costs

In the event that payment is not received by the due date outlined in the invoice, a late fee of 1.5% per month may be imposed on the client. We reserve the right to temporarily pause services or terminate the agreement in the case of non-payment or repeated instances of late payment. You, the client, will be responsible for any collection and legal fees incurred by us in the event that payment is past due. You agree to pay all associated fees and costs in addition to the past due amount.

Refund Policy

Since the Website offers non-physical, irrevocable goods we do not provide refunds after the product or service has been delivered or once services have been started, which you acknowledge prior to purchasing any product or service on the Website. 

Hosting Services/Fees: Hosting services fees and SEO services/fees are non-refundable.

CRM/Marketing Software Fees: CRM/Marketing software fees are non-refundable.

Clients Missing In Action: If you do not communicate with Sparkle Business Solutions for a period of 60 consecutive days during any part of the design or development process of Website and Services there will be no refund of any payment or fees and your project will be cancelled.

There are no refunds on completed work.

Please make sure that you have carefully read the product or service description or have a consultation call on custom work before making a purchase.

Non-Circumvent

You agree not to engage in any activity that would undermine our ability to perform our obligations under any purchase or agreement. This includes, but is not limited to, directly hiring or soliciting any team members, contractors, partners, or other resources introduced by the agency as third-party providers for at least one year after the termination of this agreement.

Non-Disclosure for Products & Services

By purchasing products or services from Sparkle Business Solutions, you agree to maintain the confidentiality of any confidential, sensitive or proprietary information, materials, methods, and data related to the products or services received. This obligation of confidentiality shall remain in effect indefinitely after the termination of any contract or agreement between you and the website owner. The obligations of confidentiality shall not apply to information that is already in the public domain, independently developed by the recipient without use of confidential information, or required to be disclosed by law. Any unauthorized use or disclosure of confidential information may result in irreparable harm and may be subject to remedies, including but not limited to, monetary damages and injunctive relief.

Accuracy of Information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.

Third-Party Services

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Sparkle Business Solutions with respect to such other services. Sparkle Business Solutions is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Sparkle Business Solutions to disclose your data as necessary to facilitate the use of enablement of such other service.

Backups

We perform regular backups of the Website and its Content, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost of incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

Advertisement

During your use of the Website and Services, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website and Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Links to Other Resources

Although the Website and Services may link to other resources (such as websites, mobile applications, etc), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliate with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Sparkle Business Solutions will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.

Intellectual Property Rights

“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Sparkle Business Solutions or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Sparkle Business Solutions.  All trademarks, services marks, graphics, and logos used in connection with the Website and Services, are trademarks or registered trademarks of Sparkle Business Solutions or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. You use of the Website and Services grants you no right or license to reproduce or otherwise use any Sparkle Business Solutions or third party trademarks.

Copyright Policy

Sparkle Business Solutions respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Sparkle Business Solutions with the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed;

• A description of where the material that you claim is infringing is located on the Website;

• Your address, telephone number, and email address;

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Sparkle Business Solutions can be reached at: contact@sparklebizsolutions.com

Termination

Sparkle Business Solutions reserves the right to terminate your access to the Website or apps at any time, without notice, for any reason.

All monthly plans and packages require 3-month minimum commitment (often due to third-party software licensing requirements to support your seat(s)). Annual contracts are renewed annually, however after the first year, a credit card must be provided to cover Keap CRM software costs if it was included for the first year for Keap subscribers, unless otherwise negotiated in writing. After the required minimum, 60 days written notice before the contract renewal date (whether monthly or annual) is required to cancel any contract, unless otherwise mutually agreed. Sparkle Business Solutions reserves the right to retain copyright ownership, regardless of whether you have possession, of any work or contract not paid in full.

Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

Miscellaneous

If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

These Terms constitute the entire agreement between Sparkle Business Solutions and you with respect to the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Website.

Changes and Amendments

We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. 

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to and acceptance of those changes. 

Acceptance of These Terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contacting Us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

contact@sparklebizsolutions.com