Terms & Conditions

MacRAE’S Marketing Standard Terms & Conditions

Effective October 5, 2026

1. PURCHASE OF WEBSITE SERVICES
Owen Media Partners Inc., publisher of MacRAE’S Marketing or one of its affiliates (“MacRAE’S”) sells to the client, who purchases same, the website services (the “Website Services”) described in this contract (the “Contract”) for the indicated monthly, per action or lump sum fee. Website Services may include the creation and development of a website (the “Website”), the registration or transfer of a domain name, Search Engine Optimization services, lead generation, online video production, business information syndication and website hosting and support and any other services or products sold to the client by MacRAE’S. Client acknowledges that the privacy policy and terms of use have not been tailored to the specific business of the client or uses of the Website and Website Services and nevertheless agrees to assume all liability with respect to such privacy policy and terms of use.

2. APPROVAL OF THE CLIENT’S CREDIT
The client acknowledges that this Contract is strictly conditional upon MacRAE’S approval of the client’s credit and authorizes MacRAE’S to conduct all usual enquiries with third parties regarding the client’s solvency and credit and to record in the client’s file and disclose to third parties information regarding the client’s credit.

3. TERM, TERMINATION AND FULL PAYMENT
Unless otherwise stated, this Contract continues month to month at the monthly rate on the billing schedule provided, with no minimum term. The client is responsible to MacRAE’S for full payment of all monthly fees and the client acknowledges that this clause is a material basis of this Contract and that such an obligation to pay constitutes an essential consideration of MacRAE’S undertaking to offer the Website Services for the fee agreed upon.

How to give notice. The client may end this Contract at any time by sending written notice by email to accounting@owen-media.com. MacRAE’S will confirm receipt by email, including the final service date.

Notice period. The notice period is the two full monthly billing periods that follow the date MacRAE’S receives the notice. MacRAE’S will continue to provide the Website Services during the notice period, the client will pay the monthly fees for those two billing periods, and this Contract ends on the last day of the second one. Where Section 18 (90-Day Satisfaction Guarantee) applies, it replaces this notice period.

Example. For a client billed on the 1st of each month, if MacRAE’S receives notice on October 15: October is billed as normal, November and December are billed as the two notice months, services continue through December 31, and this Contract ends on December 31.

Website builds included in the monthly fee. Where a website build or rebuild is included in the monthly fee rather than invoiced separately, the Contract will state the build fee and the number of months over which it is included. If this Contract ends before all of those months have been billed, the client must pay the remaining portion of the build fee before the website is transferred under Section 11. The remaining portion is the build fee multiplied by the number of unbilled months, divided by the total number of months. For example, for a $12,000 build included over 12 months, with 5 months billed when this Contract ends, the remaining portion is $7,000.

4. EARLY TERMINATION AND REFUSAL TO HOST
MacRAE’S may terminate this Contract and refuse to offer the Website Services and/or host Website, upon notice to the client, if the client is in default to pay any amount owed to MacRAE’S pursuant to this Contract or to any Contract entered into with MacRAE’S or if client breaches any other term hereof.

5. CONTENT MARKETING
MacRAE’S free incentives have no cash value. Any free blog posts or social media posts provided by MacRAE’S are restricted to MacRAE’S choice in writers, and consist of general blog topics written to drive traffic to the site or social media posts written to promote the blog(s). These posts are not necessarily technically specific and may not speak about the client’s particular business or area of expertise in detail. If any post does not receive approval from the client, it will not be posted. The client has the opportunity to re-write and submit for MacRAE’S to edit and/or distribute “as is” for no additional cost. Free external blog set up, free website hosting, and SSL Certification will only be completed when full website credentials are given to MacRAE’S for the ability to implement. Client agrees to allow MacRAE’S to use images, case studies, and statistics as they relate to this project as part of MacRAE’S public portfolio.

6. NO REPRESENTATIONS BY MacRAE’S & NO WARRANTY OF SUCCESS FOR THE CLIENT
The client acknowledges that, in order to promote its web services, MacRAE’S may, from time to time, convey data, including statistics, or other types of information, which illustrate the results obtained by certain groups of MacRAE’S clients; such data is, to the best of MacRAE’S knowledge, accurate and said data has been obtained from credible and independent sources. The client also acknowledges that such data is conveyed solely for informational purposes, that MacRAE’S does not conduct any analysis regarding the client’s business and that, consequently, the results obtained may vary considerably from client to client.

7. CLIENT’S WARRANTY
The client warrants that it is authorized to display the Website, and that the Website does not violate any law and that the Website Services will not violate any law applicable to the client. The client also warrants that it holds all permits or licenses which may be necessary, including any license to practice issued by any professional or other regulatory body exercising jurisdiction over the client’s activities. The client further warrants that it holds the rights to use the trademarks or trade names included in the Website and that such use does not violate any provision of any law or statute, including the Trade-Marks Act (Canada), the Copyright Act (Canada) and any other law or statute relating to intellectual property.

8. SMS NOTIFICATIONS AND FEEDBACK REQUESTS COMPLIANCE
The client acknowledges and agrees that MacRAE’S may send SMS messages to their customers at their request, for the purpose of providing notifications related to their services and requesting feedback related to the services they provide. The client represents and warrants that they have obtained all necessary consents from their customers to receive these SMS messages, and that such SMS requests are compliant with all applicable laws and regulations. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from any alleged violation of such laws or regulations. Additionally, the client agrees that MacRAE’S may send SMS messages to them directly for the purpose of providing notifications related to our services and requesting feedback related to the services we provide them, and that such messages may contain marketing or promotional content. The client and the client’s customers may opt-out of receiving these SMS messages at any time by replying ‘STOP’ to any message they receive from us. Standard message and data rates may apply.

9. LIMITED LIABILITY OF MacRAE’S AND THIRD-PARTY VENDORS
The client acknowledges that MacRAE’S produces, publishes, offers and hosts a very large number of websites, that errors may thus occur and that MacRAE’S would not be able to provide the Website Services and host the Website, on an economic basis, without the benefit of a limitation of liability clause. Consequently, the client also acknowledges that such a limitation of liability clause is a material basis of this Contract, that such a limitation of liability constitutes an essential consideration of MacRAE’S undertaking to offer the Website Services for the fee agreed upon. MacRAE’S liability with respect to this Contract and the products and services purchased under it shall not exceed the price of the portion of such product or service as to which liability arises and then only for the amount of such price paid during the relevant Initial Term or Renewal Term, as applicable, and MacRAE’S shall not be liable for any injury, loss or damage, resulting from the product or service. In no event shall MacRAE’S be liable for special, incidental or consequential damages, including, but not limited to, loss of profits, capital or business opportunity; downtime costs; or claims of customers of client. Notwithstanding any applicable statute of limitations to the contrary, any action by client relating to a claim hereunder must be instituted no later than two (2) years after the occurrence of the event upon which the claim is based. All of the foregoing limitations shall apply irrespective of whether client’s claim is based upon breach of contract, breach of warranty, negligence, strict liability, or any other legal theory. The client acknowledges that the present limitation of liability equally applies to third party vendors and contractors of MacRAE’S, if applicable.

10. MODIFICATION TO THIS CONTRACT BY MacRAE’S
The client acknowledges that MacRAE’S may, from time to time, unilaterally modify this Contract if such modifications do not substantially affect the rights and obligations of the client. The client is bound by any such modifications from the moment the client receives a notice to that effect. The current version of this Contract can be obtained by calling the MacRAE’S toll free number found on www.MacRaes.com.

11. OWNERSHIP AND TRANSFER OF THE CLIENT’S WEBSITE
(a) What the client owns. Once the client has paid in full for its website and the content MacRAE’S created for it under this Contract, including the design, text, images and video (the “Client Work”), the client owns the Client Work. Until then, the Client Work remains the property of MacRAE’S and the client may not reproduce it without MacRAE’S prior written consent. Content, logos and trademarks supplied by the client always remain the client’s property.

(b) What MacRAE’S keeps. MacRAE’S keeps ownership of the processes, methods, know-how, templates, frameworks, software, AI tools and reporting dashboards it uses to perform the Website Services (the “MacRAE’S Tools”). These are how MacRAE’S does the work, not part of what it delivers. Where any MacRAE’S Tools are built into the Client Work, MacRAE’S grants the client a permanent, royalty-free license to keep using them as part of its website.

(c) Third-party materials. Some websites use third-party items licensed to MacRAE’S, such as premium themes, plugins, fonts or stock images. These licenses cannot be transferred. MacRAE’S will list any such items at the time of transfer, and the client will need its own licenses to keep using them.

(d) Domains and accounts. MacRAE’S registers the client’s domain name and sets up its Google Analytics, Google Search Console, Google Business Profile and advertising accounts in the client’s name wherever possible. If any of these are registered in MacRAE’S name, MacRAE’S will transfer them to the client on request once all amounts owing have been paid.

(e) How transfer works. When this Contract ends and all amounts owing have been paid, including any build balance under Section 3, MacRAE’S will, on request and at no charge, provide the client with its website files and database, the content and images created for it, and administrator access to its website and accounts. MacRAE’S will continue to host the website during the notice period and for 30 days after this Contract ends, so the client has time to move it. If the client would like MacRAE’S to carry out the move to a new host, MacRAE’S will quote that work separately.

(f) Portfolio. MacRAE’S may continue to show the Client Work in its portfolio as described in Section 5.

12. CONFIDENTIALITY
Client agrees to keep confidential any and all information relating to MacRAE’S and its policies, including, without limitation, all quotations, discount policies and data and also agrees to conduct its business (including the Website) in accordance with all applicable laws, ordinances, rules and regulations of any applicable authority.

13. FORCE MAJEURE, ETC.
No liability shall result from delay in performance or non-performance in whole or in part if performance as agreed has been made impracticable by compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid, or by the occurrence of a contingency the non-occurrence of which was a basic assumption on which this Contract was made, including, but not limited to, acts of God, fire, flood, accident, riot, war, sabotage, strike, labour trouble or shortage, breakdown or failure of equipment, or embargo. MacRAE’S (i) inability to obtain at prices and on terms deemed by it to be practicable any required good or service or (ii) incurring increased costs for compliance with regulations shall also be sufficient to relieve MacRAE’S of its obligation to perform hereunder. If any of such circumstances affect only a part of MacRAE’S capacity to perform, MacRAE’S shall have the right to allocate deliveries among all of its customers and its own requirements in a manner and at such times as MacRAE’S may determine.

14. NO IMPLIED WARRANTIES
EXCEPT AS EXPRESSLY MADE HEREIN, MacRAE’S MAKES NO WARRANTY OF ANY KIND EXPRESS OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF THE PRODUCT OR SERVICE FOR ANY PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO MacRAE’S.

15. TAXES
Liability for all taxes, excises or other charges, imposed by any local, provincial, state or federal, or other authority, which have to do with or affect the goods or services herein ordered (except those based on the income of MacRAE’S), shall be assumed and paid by client. Client further agrees to indemnify and protect MacRAE’S against any and all such liabilities for taxes as well as any legal fees or costs incurred by MacRAE’S in connection therewith.

16. ENTIRE AGREEMENT
This Contract constitutes the entire Contract of sale and purchase of the product and service herein named. It is not assignable by client without the written consent of MacRAE’S. Except as provided herein, no modification of this Contract shall be of any force or effect unless in writing signed by the parties. If any provision of the Contract is or becomes violative of any laws, or rule, order or regulation issued thereunder, MacRAE’S shall have the right, upon notice to client, to cancel such provision, without affecting the other provisions of this Contract, or to cancel this Contract in its entirety.

17. GENERAL
(a) This Contract shall be governed by and construed in accordance with the laws of the Province of Ontario. Any lawsuit brought by client arising out of the transactions covered hereunder shall be instituted in the appropriate court located in such Province, and client further submits itself to the jurisdiction of said courts in the event MacRAE’S elects to institute any action in said courts.

(b) All notices required or authorized to be given by either party hereunder to the other party shall be deemed validly given and served if in writing and delivered, faxed, emailed or deposited in the mails in a sealed envelope with sufficient postage affixed and properly addressed to the party to whom such notice is directed at the address of such party’s place of business as shown in the Contract. Any notice delivered by hand, email or facsimile, receipt confirmed shall be deemed received on the day of such delivery (save and except where delivery is after 4:00 p.m. in the office of the recipient or is delivered on a day which is not a business day in which event such notice shall be deemed to have been received on the next business day), or where such notice is mailed, receipt shall be deemed to have occurred four (4) business days after mailing as aforesaid; provided that, in the event of disruption of normal postal service, any such notice shall be delivered or sent by facsimile or email. Either party may from time to time change its address for notification purposes by giving the other party written notice of the new address and the date upon which it will become effective. Termination notices and guarantee claims from the client must be sent by email to accounting@owen-media.com, as set out in Sections 3 and 18.

18. 90-DAY SATISFACTION GUARANTEE
MacRAE’S offers a 90-Day Satisfaction Guarantee on all monthly marketing programs. It reflects MacRAE’S commitment to earning our clients’ trust through performance, not long-term contracts.

(a) What it covers. The guarantee covers the quality and delivery of the work set out in the client’s Contract. It does not guarantee search rankings, traffic, leads or sales, which depend on factors outside MacRAE’S control (see Section 6). It does not cover website builds or rebuilds, including builds included in the monthly fee.

(b) How to make a claim. If the client is not satisfied with the quality or delivery of the work after the first three months of service (the first 90 days), the client may make a claim by email to accounting@owen-media.com, listing its specific concerns, no later than 15 days into the fourth month.

(c) The free month. MacRAE’S will provide the fourth month of service at no charge, crediting any fee already invoiced for it, and will use that month to address the concerns the client identified.

(d) If the client is still not satisfied. The client may end this Contract by email to accounting@owen-media.com before the end of the fourth month. This Contract then ends on the last day of the fourth month with no further obligation or payment required, and the notice period in Section 3 does not apply. Fees for the first three months remain payable. If the program includes a website build or rebuild and the client wants the website transferred, Section 3 still applies to any build balance.

(e) Conditions. The guarantee applies once per client, to the client’s first monthly program with MacRAE’S, and requires the client’s account to be in good standing. The 90-day period is extended by any time MacRAE’S spends waiting on the client for access, information, content or approvals.