Effective Date: March 16, 2026
INTRODUCTION
These Terms & Conditions govern the use of this website and the information and services provided by ENOPTIMIZE INC. By accessing or using this website, you agree to comply with these terms.
These terms apply to:
- Visitors accessing or browsing the website
- Individuals submitting inquiries through contact forms
- Businesses requesting information about services
If you do not agree with these Terms & Conditions, you should discontinue use of this website.
PURCHASE OF WEBSITE SERVICES AND DIGITAL MARKETING SERVICES
ENOPTIMIZE INC. (“ENOPTIMIZE”) provides digital marketing, website development, and related services to the client (“Client”) as described in the applicable proposal, service agreement, or project outline (the “Services”). Such Services may include, but are not limited to, website design and development, search engine optimization, digital marketing consulting, advertising management, lead generation, website hosting, analytics integration, and related online marketing services.
The specific scope, pricing structure, and service duration shall be defined within the written proposal or service agreement accepted by the Client. Fees may be charged on a monthly basis, per project, or based on other pricing structures outlined within the agreement.
The Client acknowledges that the Services provided are based on the information supplied by the Client and the digital platforms involved in delivering such Services.
CLIENT INFORMATION, AUTHORIZATION AND ACCOUNT APPROVAL
The Client authorizes ENOPTIMIZE to obtain, receive, and utilize the information necessary to deliver the Services, including access to websites, hosting accounts, domain registrars, analytics systems, advertising platforms, and other relevant digital properties.
The Client represents that it has the legal authority to grant such access and permissions. ENOPTIMIZE may rely on information provided by the Client when delivering the Services and shall not be responsible for inaccuracies or omissions supplied by the Client.
TERM, BILLING AND PAYMENT OBLIGATIONS
Unless otherwise stated within a written agreement, Services shall continue on a recurring monthly basis according to the billing schedule defined in the proposal or invoice.
The Client agrees to pay all fees associated with the Services in accordance with the agreed billing schedule. Fees may be billed monthly, per project milestone, or according to the pricing structure described in the applicable agreement.
The Client acknowledges that payment of service fees constitutes a fundamental condition of the agreement and that ENOPTIMIZE undertakes the provision of Services based on the Client’s obligation to make such payments.
Failure to remit payment within the required time may result in suspension or termination of Services.
All payments made to ENOPTIMIZE are non-refundable unless otherwise expressly stated in a written agreement. The Client acknowledges that Services involve time, resources, and strategic work that cannot be reversed once performed.
TERMINATION OF SERVICES AND REFUSAL TO PROVIDE SERVICES
Either party may terminate Services with thirty (30) days’ written notice unless otherwise specified in a service agreement.
ENOPTIMIZE reserves the right to suspend or terminate Services if the Client:
- fails to make required payments
- provides unlawful, misleading, or prohibited content
- breaches any material provision of these Terms
Termination shall not release the Client from payment obligations for Services rendered prior to the termination date.
CONTENT, MARKETING MATERIALS AND CLIENT SUBMISSIONS
The Client agrees to provide all necessary materials required for the delivery of Services, including business information, images, text, product details, and marketing content.
The Client represents and warrants that it possesses the legal rights to use all materials supplied to ENOPTIMIZE and that such materials do not violate any applicable laws or intellectual property rights.
ENOPTIMIZE may rely on the accuracy and legality of materials supplied by the Client and shall not be responsible for verifying ownership or licensing of such materials.
The Client further agrees that ENOPTIMIZE may reference publicly available project materials, non-confidential case studies, or completed work as part of its professional portfolio.
SERVICE INFORMATION AND NO GUARANTEE OF RESULTS
The Client acknowledges that digital marketing and search visibility depend on numerous external factors beyond the control of ENOPTIMIZE, including search engine algorithms, market competition, website conditions, and user behaviour.
ENOPTIMIZE may provide general information, statistics, or case studies illustrating results achieved for other clients; however, such information is provided solely for informational purposes and does not constitute a guarantee of similar results.
Specific outcomes, including search rankings, traffic levels, lead volume, or business performance, cannot be guaranteed.
CLIENT RESPONSIBILITIES AND WARRANTY
The Client warrants that its business activities, website content, marketing materials, and online activities comply with all applicable laws and regulations.
The Client further warrants that it possesses the legal rights to all trademarks, trade names, images, content, and intellectual property used in connection with the Services.
The Client agrees that the Services provided by ENOPTIMIZE will not be used to promote unlawful, deceptive, or prohibited activities.
CLIENT INDEMNIFICATION
The Client agrees to indemnify and hold harmless ENOPTIMIZE INC., its employees, contractors, and affiliates from any claims, damages, liabilities, or legal expenses arising from materials, content, or business practices supplied by the Client in connection with the Services.
ELECTRONIC COMMUNICATIONS AND NOTICES
The Client acknowledges that communications related to Services may be conducted through electronic means, including email, messaging platforms, or other digital communication tools used in the normal course of business.
Such electronic communications shall be considered valid and binding forms of business correspondence between the parties.
The Client agrees to maintain accurate contact information and acknowledges responsibility for receiving communications sent to the provided email address or communication channels.
LIMITATION OF LIABILITY AND THIRD-PARTY PLATFORMS
ENOPTIMIZE provides Services that rely on third-party technologies, including search engines, advertising platforms, hosting providers, analytics services, and other digital systems.
Such platforms operate independently and may modify their algorithms, policies, or technical infrastructure at any time.
To the fullest extent permitted by law, ENOPTIMIZE shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use of the Services, including but not limited to loss of profits, loss of business opportunities, loss of data, or interruptions in website or marketing performance.
In any event, the total liability of ENOPTIMIZE arising from Services shall not exceed the amount paid by the Client for the Services directly related to the claim.
INTELLECTUAL PROPERTY, WEBSITE OWNERSHIP AND TRANSFER
ENOPTIMIZE retains ownership of proprietary tools, systems, frameworks, and methodologies used to deliver Services.
Where website development Services are provided, the Client may receive ownership of the website files and content upon full payment of all outstanding charges related to the project.
Transfer of website files or administrative control may require completion of all financial obligations and may be subject to technical limitations associated with third-party platforms.
CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement.
Confidential information shall not be disclosed to third parties except where necessary for the delivery of Services or where required by law.
FORCE MAJEURE AND SERVICE INTERRUPTIONS
Neither party shall be liable for delays or failure to perform obligations resulting from circumstances beyond reasonable control, including but not limited to natural disasters, internet outages, governmental actions, labour disruptions, technical failures, or third-party platform interruptions.
NO IMPLIED WARRANTIES
Except as expressly stated within these Terms or any written agreement, ENOPTIMIZE provides Services without any implied warranties including warranties of merchantability or fitness for a particular purpose.
TAXES AND GOVERNMENT CHARGES
The Client shall be responsible for the payment of any applicable taxes, duties, or governmental charges associated with the Services provided, excluding taxes based on the income of ENOPTIMIZE.
INFORMATION ACCURACY AND WEBSITE CONTENT
Information provided on ENOPTIMIZE’s website or marketing materials is intended for general informational purposes and may be updated from time to time.
While reasonable efforts are made to maintain accuracy, ENOPTIMIZE does not guarantee that all information is complete or current.
WEBSITE USE AND ACCEPTABLE CONDUCT
Visitors may access the ENOPTIMIZE website for informational purposes only. Unauthorized use of website content, attempts to disrupt website functionality, or misuse of the website may result in legal action.
EXTERNAL LINKS AND THIRD-PARTY WEBSITES
The website may contain links to third-party websites provided for informational purposes. ENOPTIMIZE does not control or endorse the content, policies, or practices of external websites.
WEBSITE AVAILABILITY AND TECHNICAL ISSUES
ENOPTIMIZE makes reasonable efforts to maintain website availability but does not guarantee uninterrupted access. Temporary interruptions may occur due to maintenance, technical issues, or circumstances beyond reasonable control.
SEARCH ENGINES, AI SYSTEMS AND DIGITAL PLATFORMS
Search engines, artificial intelligence systems, and digital platforms determine how online content is indexed, interpreted, or displayed.
ENOPTIMIZE does not control the operation of such systems and shall not be responsible for changes affecting website visibility, rankings, or content interpretation.
NO PROFESSIONAL ADVICE
Information provided by ENOPTIMIZE through its website, communications, or marketing materials is intended for general informational purposes and should not be considered legal, financial, or professional advice.
ENTIRE AGREEMENT
These Terms & Conditions, together with any written proposal or service agreement, constitute the entire understanding between the parties regarding the Services. Service scope, deliverables, and timelines are defined only within written proposals or service agreements approved by the Client.
SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
GOVERNING LAW AND GENERAL PROVISIONS
These Terms shall be governed by the laws of the Province of Ontario and the applicable laws of Canada. Any disputes arising from these Terms or the Services provided shall be subject to the jurisdiction of the courts located in Ontario.
PERFORMANCE AND SATISFACTION GUARANTEE
ENOPTIMIZE is committed to providing professional digital marketing services and maintaining transparent working relationships with its clients.
If, after the first ninety (90) days of ongoing monthly services, the Client is not satisfied with the progress or quality of the Services, the Client may notify ENOPTIMIZE in writing. ENOPTIMIZE will then provide up to thirty (30) additional days of Services at no additional service fee in order to review, adjust, and improve the campaign or project.
If the Client remains dissatisfied after this additional service period, the Client may discontinue the Services with no obligation for future monthly service fees.
This satisfaction guarantee applies only to the initial phase of ongoing monthly services and does not apply to third-party costs, including advertising budgets, software subscriptions, hosting fees, or other external expenses. The guarantee also applies only where the Client reasonably cooperates with the delivery of the Services and provides the necessary access, information, and materials required for the campaign or project.
MODIFICATION OF TERMS AND CONDITIONS
ENOPTIMIZE reserves the right to modify these Terms & Conditions from time to time. Such modifications shall become effective upon notice to the Client or upon publication of updated terms.
Continued use of Services after such modifications constitutes acceptance of the updated terms.
CONTACT INFORMATION
If you have any questions regarding these Terms & Conditions, you may contact:
ENOPTIMIZE INC.
5146 Dundas St W, Etobicoke, ON M9A 1C2, Canada
Phone: (647) 313-9615
Email: [email protected]
Website: https://enoptimize.ca