These Terms & Conditions ("Terms") are a legal agreement between you and Amavi Digital Inc. ("Amavi Digital," "we," "us," or "our"), a corporation registered in Canada with a mailing address at 275 Main St, Cambridge, Ontario, Canada.
By accessing our website at amavidigital.com, booking a call, or engaging us for services, you agree to these Terms and our Privacy Policy. If you do not agree, please do not use our website or services.
Amavi Digital provides website design, digital advertising, and related marketing services to home service contractors. Specific deliverables, timelines, fees, and obligations for each engagement are governed by a separate written proposal, statement of work, or service agreement (the "Service Agreement"). If a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement.
Our marketing materials reference a guarantee of "5 leads in 30 days or we work free." The full terms and conditions of this guarantee are set out in the Service Agreement signed at the start of an engagement. The summary below explains how it generally works, but the Service Agreement is the binding document.
A "lead" is a qualified inquiry from a prospective customer in your service area, generated by the website and/or advertising we manage on your behalf, who has provided their contact information and has expressed interest in your services through a phone call, form submission, SMS, or scheduled booking.
The guarantee applies only when:
If we do not deliver at least 5 qualifying leads in the first 30 days after the website is live and ad campaigns have been activated — and you have met all qualifying conditions — we will continue managing your campaigns at no additional service fee until 5 qualifying leads have been delivered. Advertising spend (paid to platforms such as Meta and Google) remains your responsibility. The guarantee does not entitle you to a refund of fees already paid.
Fees, payment schedules, and refund terms are set out in your Service Agreement. Unless that agreement says otherwise:
You agree to:
By providing your phone number and consenting to receive text messages from Amavi Digital, you agree to the terms in this section.
All content on our website — including text, graphics, logos, photos, and code — is owned by Amavi Digital Inc. or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or use our content without our written permission.
You retain ownership of materials you provide to us. By providing them, you grant us a worldwide, royalty-free license to use, modify, reproduce, and display them solely as needed to deliver the Services.
Ownership of deliverables (such as websites we build) is governed by the Service Agreement. Generally, on full payment, ownership of the final website transfers to you, except for third-party assets (stock images, fonts, plugins, etc.) which remain subject to their own licenses, and our internal frameworks, processes, and templates which remain ours.
Our Services may include or link to third-party platforms (such as Calendly, Google, Meta, hosting providers, and SMS providers). We are not responsible for the content, policies, or practices of third parties. Your use of those services is governed by their own terms.
Our Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent these warranties cannot be excluded under applicable law.
We do not guarantee any specific result from marketing or advertising other than what is expressly written in your Service Agreement. Marketing results depend on many factors outside our control, including market conditions, your trade reputation, your responsiveness, and ad platform performance.
To the fullest extent permitted by law, Amavi Digital Inc. and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the Services.
Our total liability for any claim arising from these Terms or the Services is limited to the amount you paid us in service fees in the three (3) months immediately before the event giving rise to the claim.
Some jurisdictions do not allow certain limitations on liability, so some of these limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Amavi Digital Inc. from any claims, damages, losses, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms or your Service Agreement; (b) content or information you provide to us; (c) your use of the Services in violation of any law; or (d) any claim that your business or trade caused harm to a third party.
Either party may terminate an engagement as set out in the Service Agreement. We may suspend or terminate your access to our website or Services at any time, with or without cause, including for violation of these Terms. Sections that by their nature should survive termination (such as intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.
These Terms are governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. The courts of Ontario have exclusive jurisdiction over any dispute, except that we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property.
Before filing any formal claim, you agree to first contact us at moe@amavidigital.com to attempt to resolve the dispute in good faith.
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. If we make material changes, we will provide additional notice. Your continued use of the Services after changes take effect means you accept the updated Terms.
If you have questions about these Terms, contact us at:
Amavi Digital Inc.
275 Main St
Cambridge, Ontario, Canada
Email: moe@amavidigital.com
Note: These Terms & Conditions are a general framework. Specific projects are governed by the Service Agreement signed at the start of each engagement. This website content does not constitute legal advice. We recommend reviewing these Terms with your own legal counsel before relying on them for your business.