Terms of Service

Effective Date: June 26, 2026

1. Introduction and Acceptance of Terms

These Terms of Service (the “Terms”) govern access to and use of the services provided by HarbourLink Community Marketing (“HarbourLink Community Marketing,” “we,” “us,” or “our”), a community-marketing business located at 2140 Yonge Street, Suite 305, Toronto, ON M4S 2A9, Canada.

By engaging our services, signing a proposal or statement of work, making payment, or otherwise using our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

These Terms apply to all services provided by HarbourLink Community Marketing unless a separate written agreement signed by both parties expressly states otherwise. In the event of a conflict between these Terms and a signed proposal, statement of work, or master services agreement, the signed document will control only to the extent of the conflict.

2. Scope of Services

HarbourLink Community Marketing provides community-marketing and related strategic services, which may include, without limitation:

• Community outreach campaign planning;
• Local partnership development;
• Event promotion and neighborhood activation;
• Social media community management;
• Brand ambassador program coordination;
• Grassroots content strategy; and
• Community feedback and engagement research.

The specific services, deliverables, timelines, assumptions, and fees applicable to a particular engagement will be described in a proposal, quotation, statement of work, or other written agreement approved by both parties.

We may rely on information, approvals, and materials provided by the Client. We are not responsible for delays or deficiencies caused by incomplete, inaccurate, late, or misleading information supplied by the Client or third parties.

Unless expressly agreed in writing, our services do not include legal advice, tax advice, investment advice, or regulated public-relations services requiring special licensing. The Client is solely responsible for obtaining any approvals, permits, licenses, or consents required for its own business activities, events, promotions, or campaigns.

3. User Obligations and Responsibilities

You agree to:

• Provide accurate, complete, and current information necessary for us to perform the services;
• Respond promptly to requests for approvals, feedback, access, and materials;
• Ensure that all content, materials, instructions, and claims you provide are lawful, truthful, and do not infringe the rights of any third party;
• Comply with all applicable laws, regulations, bylaws, codes, and platform rules, including those relating to advertising, consumer protection, privacy, anti-spam, intellectual property, and event permits;
• Obtain all necessary consents for collection, use, and disclosure of personal information and for any photography, videography, testimonials, or recordings used in campaigns;
• Maintain the security of any accounts, credentials, or access provided to us; and
• Not use our services for unlawful, deceptive, discriminatory, harassing, defamatory, or harmful purposes.

You represent and warrant that you have the authority to enter into these Terms and to provide any materials, approvals, or instructions necessary for us to perform the services.

You are responsible for reviewing and approving all final deliverables, campaign materials, and public-facing content before publication or distribution unless otherwise agreed in writing.

4. Payment Terms and Conditions

Fees, billing schedules, retainers, and payment milestones will be set out in the applicable proposal, statement of work, or invoice. Unless otherwise stated, all fees are quoted in Canadian dollars (CAD).

Unless otherwise agreed in writing:

• Invoices are due upon receipt or within the payment term stated on the invoice;
• We may require a non-refundable retainer or advance payment before work begins;
• Late payments may result in suspension of services until all outstanding amounts are paid in full;
• Overdue amounts may accrue interest at the lesser of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law;
• The Client is responsible for all applicable taxes, including GST/HST, unless a valid exemption is provided; and
• The Client is responsible for third-party costs, media spend, platform fees, printing, venue charges, travel, and other approved expenses unless expressly included in our fees.

Any estimate or quote is based on the information available at the time and may change if the scope, timeline, or assumptions change. Additional work outside the agreed scope will be billed at our then-current rates or as otherwise agreed in writing.

We may suspend work if payment is overdue or if the Client fails to provide required information, approvals, or access.

5. Cancellation and Refund Policy

Either party may cancel services by providing written notice in accordance with the applicable agreement or, if no notice period is specified, on reasonable notice.

Unless otherwise stated in a signed agreement:

• Retainers and deposits are non-refundable once work has commenced or resources have been reserved;
• Fees for work already performed, committed expenses, and non-cancellable third-party charges are non-refundable;
• If the Client cancels a project or campaign, the Client remains responsible for all completed work and any costs incurred up to the effective cancellation date;
• If we cancel due to the Client’s breach, non-payment, unlawful instructions, or failure to cooperate, no refund will be owed for completed or in-progress work; and
• Any refund, if applicable, will be determined in good faith based on the portion of services not yet performed and any non-recoverable costs already incurred.

We may terminate or suspend services immediately if the Client engages in conduct that is unlawful, abusive, defamatory, discriminatory, fraudulent, or materially harmful to our business, staff, contractors, or reputation.

6. Liability Limitations

To the fullest extent permitted by applicable law, HarbourLink Community Marketing shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of goodwill, loss of data, business interruption, or reputational harm, arising out of or related to the services or these Terms, whether based in contract, tort, negligence, strict liability, or otherwise, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the services or these Terms shall not exceed the total fees paid by the Client to HarbourLink Community Marketing for the specific services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim, or CAD $1,000, whichever is greater, except where such limitation is prohibited by law.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for fraud, wilful misconduct, or any other liability that cannot lawfully be excluded or limited.

We do not guarantee specific outcomes, including attendance, engagement, conversion rates, media coverage, sales, follower growth, partnership success, or community response. Marketing results may vary based on market conditions, third-party actions, platform algorithms, and Client decisions.

The Client is solely responsible for final approval and use of campaign materials, public statements, and promotional activities. We are not responsible for claims made by the Client or third parties, or for the Client’s failure to comply with applicable laws or platform policies.

7. Intellectual Property Rights

Unless otherwise agreed in writing, all pre-existing materials, templates, methodologies, processes, know-how, tools, and software used by HarbourLink Community Marketing remain our exclusive property or the property of our licensors.

Upon full payment of all amounts due, the Client will receive a non-exclusive, non-transferable license to use the final deliverables created specifically for the Client under the applicable engagement for the Client’s internal business and approved marketing purposes, subject to any third-party rights and any limitations stated in the applicable agreement.

Unless otherwise agreed in writing:

• We retain ownership of our underlying methods, frameworks, and reusable components;
• The Client grants us a limited license to use Client-provided materials solely to perform the services;
• The Client represents that it owns or has the necessary rights to all materials it provides;
• We may retain copies of deliverables and work product for archival, compliance, and portfolio purposes, unless the Client objects in writing and such use is prohibited by law or agreement; and
• Third-party content, fonts, images, music, software, and platform assets remain subject to the applicable third-party terms and licenses.

Any transfer of copyright or assignment of rights must be expressly stated in a signed written agreement. Moral rights, where applicable, are dealt with only to the extent permitted by law and any written waiver or consent obtained.

8. Data Protection and Privacy

HarbourLink Community Marketing may collect, use, disclose, store, and process personal information in connection with providing services, communicating with the Client, managing campaigns, and complying with legal obligations. We will handle personal information in a manner consistent with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any applicable provincial privacy legislation.

The Client acknowledges that community-marketing activities may involve personal information collected from event participants, social media users, community members, partners, and other stakeholders. The Client is responsible for ensuring it has a lawful basis and all required notices, consents, and permissions for the personal information it provides to us or asks us to process.

We may use service providers, cloud platforms, analytics tools, email systems, and other third-party processors to support service delivery. Such providers may store or process data outside Canada. Where cross-border processing occurs, data may be subject to the laws of the relevant jurisdiction.

We implement reasonable administrative, technical, and physical safeguards designed to protect personal information, but no method of transmission or storage is completely secure. To the extent permitted by law, we are not responsible for unauthorized access, disclosure, or loss caused by factors outside our reasonable control.

If you have questions about privacy or wish to request access to or correction of personal information, contact us using the details in Section 12.

9. Force Majeure

Neither party will be liable for delay or failure to perform its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, fire, flood, severe weather, pandemic, epidemic, labour disputes, war, terrorism, civil unrest, governmental action, power outages, telecommunications failures, platform outages, supply chain disruptions, or the failure of third-party vendors or service providers.

The affected party will use commercially reasonable efforts to mitigate the impact of the force majeure event and resume performance as soon as reasonably practicable. If a force majeure event continues for an extended period and materially affects performance, either party may terminate the affected services on written notice, subject to payment for work performed and non-cancellable costs incurred up to the termination date.

10. Changes to Terms

We may update or modify these Terms from time to time to reflect changes in our services, business practices, or legal requirements. The updated Terms will be posted or otherwise made available to the Client and will become effective on the date stated in the revised version.

Continued use of our services after the effective date of any revised Terms constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using our services and, if applicable, notify us in writing.

11. Applicable Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to them, the services, or the relationship between the parties will 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 laws principles.

The parties irrevocably submit to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada, for the resolution of any dispute arising out of or relating to these Terms, subject to any mandatory rights under applicable law.

12. Contact Information

If you have any questions about these Terms or our services, please contact:

HarbourLink Community Marketing
2140 Yonge Street, Suite 305
Toronto, ON M4S 2A9
Canada

Email: [email protected]
Phone: +1 (416) 782-4596

13. Severability Clause

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

If any invalid, illegal, or unenforceable provision can be modified to make it valid and enforceable, it will be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent as closely as possible.

Entire Agreement: These Terms, together with any signed proposal, statement of work, or other written agreement between the parties, constitute the entire agreement between the parties regarding the subject matter and supersede prior discussions or understandings on that subject matter.