Terms of Service

At Bumerang Digital Marketing Agency, we believe strong business relationships are built on transparency, trust, and thoughtful execution. These Terms of Service explain how we work with our clients, how our services are delivered, and the responsibilities of each party. By engaging Bumerang Digital Marketing Agency, you agree to these terms and to work with us in good faith toward the successful completion of your project or ongoing services.

Effective Date: March 10, 2026

1. Overview

These Terms of Service govern the relationship between Bumerang Digital Marketing Agency (“Bumerang,” “we,” “us,” or “our”) and the client (“you” or “your”) who purchases or uses our services. By approving a proposal, signing an agreement, submitting payment, or otherwise engaging our services, you agree to be bound by these Terms.

2. Services

We provide digital marketing and related creative and technical services, which may include, but are not limited to:

• website design and development
• search engine optimization (SEO)
• paid advertising management
• branding and creative services
• social media marketing
• CRM, automation, and email marketing setup
• consulting, strategy, and related support

The specific services to be delivered will be described in your proposal, estimate, statement of work, invoice, subscription details, or any other written agreement between you and Bumerang.

Any additional work requested outside the agreed scope must be approved separately and may result in additional fees.

3. Term and Termination

These Terms take effect on the date you engage our services and will continue until the services are completed or the relationship is ended in accordance with this section.

Either party may terminate an ongoing service arrangement by providing 30 days’ written notice, unless a different notice period is stated in a signed agreement or service proposal.

Either party may terminate the relationship immediately if the other party commits a material breach of these Terms and fails to remedy that breach within a reasonable period after receiving notice, or where the nature of the breach justifies immediate termination.

The parties may also end the relationship at any time by mutual written agreement.

Termination does not affect any payment obligations, accrued rights, or any provisions that are intended to survive termination.

4. Client Cooperation

You agree to provide timely feedback, approvals, access, content, credentials, and any other materials reasonably required for us to perform the services. Delays in providing required information or approvals may affect timelines, deliverables, and launch dates.

We are not responsible for delays caused by missing information, late feedback, third-party outages, or circumstances beyond our reasonable control.

5. Fees and Compensation

You agree to pay the fees set out in the applicable proposal, invoice, project estimate, retainer agreement, or subscription arrangement.

For fixed-fee or project-based work, fees may be divided into phases, milestones, or deposits as outlined in the relevant project documents.

For ongoing monthly or recurring services, fees will be charged on the agreed billing cycle.

If a project is cancelled before completion, you remain responsible for payment for all work completed, time reserved, expenses incurred, and any non-cancellable commitments made on your behalf up to the effective date of termination.

6. Payment Terms

Unless otherwise agreed in writing, invoices are due upon receipt.

Project work may require advance payment, a deposit, or milestone payments before work begins or continues. If payment is not received when due, we may pause work, delay delivery, or withhold release of files, assets, or credentials until the account is brought current.

Recurring services and subscriptions renew automatically on the agreed billing date unless cancelled in writing in accordance with the cancellation terms below.

Payments made to Bumerang are final and non-refundable unless otherwise stated in writing.

7. Subscription and Recurring Services

For recurring monthly services, retainers, or subscriptions:

billing will occur automatically on the agreed renewal date

services continue unless cancelled with proper written notice

written cancellation notice must be provided at least 30 days before the next billing date

cancellation requests must be sent to the designated billing or business email address provided by Bumerang

If proper notice is received, services will continue through the end of the current paid billing period, and no further recurring charges will be applied after that term ends.

If notice is provided less than 30 days before renewal, cancellation may take effect after the next billing cycle, and one additional billing period may be charged.

No partial-month or mid-cycle refunds will be issued for recurring services already billed.

8. Out-of-Scope Work

Any work not specifically included in the approved scope is considered out-of-scope and may be billed separately at our standard hourly rate, project rate, or under a separate retainer or change order.

Examples of out-of-scope work may include additional revisions, added pages, unexpected technical troubleshooting, extra meetings, platform migrations, copywriting not originally included, or third-party integrations beyond what was agreed.

9. Retainers and Prepaid Work

Additional services beyond the original project scope may be delivered through prepaid retainers or advance-purchased service blocks.

Once retainer work has started, team resources have been scheduled, or time has been allocated to your account, those fees are non-refundable.

Unused retainer hours or service blocks, if any, are subject to the specific terms of your retainer agreement.

10. Third-Party Costs and Reimbursable Expenses

You are responsible for third-party costs related to your project or marketing activities unless we expressly agree otherwise in writing. This may include:

• ad spend
• hosting and domains
• plugin or software licenses
• stock assets
• email or CRM platforms
• printing or production costs
• external developer or specialist services approved by you

Where we incur expenses on your behalf, you agree to reimburse us for approved and reasonable costs. Any such expenses requiring your approval will be communicated in advance where practical.

11. Late Payments

If payment is overdue, we reserve the right to charge interest on unpaid amounts at a rate of 25% per annum, or the highest rate permitted by applicable law, whichever is lower.

You are also responsible for any reasonable costs incurred by us in collecting overdue balances, including administrative costs and legal fees where permitted.

12. Intellectual Property

Upon full payment of all amounts owing for the applicable work, you will own the final approved deliverables specifically created for you under the agreed scope, unless otherwise stated in writing.

We retain ownership of:

• our pre-existing materials, processes, templates, systems, know-how, and tools
• draft concepts, unused creative directions, and working files unless specifically included
• any proprietary frameworks, internal methods, scripts, automations, or reusable components developed independently by us

We may reuse our general knowledge, skills, experience, and non-confidential techniques in future work.

You are responsible for ensuring that any materials you provide to us, including text, images, trademarks, videos, and other assets, are owned by you or properly licensed for use.

13. Portfolio and Promotional Use

Unless otherwise agreed in writing, Bumerang may display completed work, project summaries, performance highlights, client name, logo, screenshots, or non-confidential deliverables in our portfolio, website, case studies, social media, proposals, or marketing materials.

If confidentiality restrictions apply, they must be agreed to in writing before publication.

14. Confidentiality

Each party may receive confidential or sensitive business information from the other during the course of the engagement. Each party agrees to protect such information and not disclose it to third parties except:

• where disclosure is necessary to perform the services
• where the receiving party has written permission
• where disclosure is required by law

This obligation continues after the end of the business relationship.

Confidential information does not include information that is already public through no fault of the receiving party, was already lawfully known, or is independently developed without use of confidential information.

15. Independent Contractor Relationship

Bumerang acts solely as an independent contractor. Nothing in these Terms creates an employment relationship, partnership, agency, fiduciary relationship, or joint venture between you and Bumerang.

We remain responsible for how the services are performed, subject to the agreed scope, deadlines, and deliverables.

16. Use of Contractors and Third Parties

We may use employees, contractors, freelancers, specialists, or service providers to help deliver the services. We remain responsible for managing those resources and for the work delivered under our direction.

You may not directly solicit, hire, or engage our employees or contractors in connection with the services without our written consent.

17. Non-Solicitation

During the term of our engagement and for 12 months after it ends, you agree not to directly or indirectly solicit, recruit, hire, or contract any Bumerang employee or independent contractor who was involved in your account, unless we provide written consent.

18. No Guarantee of Results

We will perform our services with reasonable care, skill, and professionalism. However, marketing and digital performance depend on many factors beyond our control.

We do not guarantee specific results, including but not limited to:

• search rankings
• lead volume
• sales volume
• ad approval
• platform performance
• website uptime
• conversion rates
• revenue growth

Any forecasts, estimates, projections, or examples shared by us are illustrative only and are not guarantees.

19. Client Responsibility for Approvals and Compliance

You are responsible for reviewing and approving all final content, ads, pages, messaging, and deliverables before publication or launch.

You are also responsible for ensuring that your business operations, claims, offers, promotions, disclosures, privacy practices, and legal compliance align with applicable laws, regulations, and industry rules.

Bumerang is not a law firm, accounting firm, or regulated compliance advisor, and our services should not be relied on as legal, tax, or regulatory advice.

20. Limitation of Liability

To the fullest extent permitted by law, Bumerang will not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost business opportunities, loss of data, or business interruption, arising from or related to our services.

Our total liability for any claim arising out of or connected to the services will not exceed the total amount actually paid by you to Bumerang for the specific services giving rise to the claim during the three-month period preceding the event giving rise to the claim.

21. Indemnification

Each party agrees to indemnify and hold the other harmless from claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from that party’s own negligence, misconduct, breach of these Terms, or violation of applicable law.

You also agree to indemnify Bumerang against claims arising from materials, instructions, data, or content you supplied to us, or from your use of the deliverables in a way not authorized by these Terms.

22. Suspension of Services

We may suspend services immediately if:

• invoices remain unpaid
• abusive, threatening, or inappropriate conduct occurs
• requested work creates legal, ethical, or reputational risk
• access to required systems is removed or restricted
• continuing work becomes impractical due to your non-cooperation

A suspension does not waive your obligation to pay amounts already due.

23. Notices

All notices under these Terms must be given in writing by email to the contact details provided by each party, unless another delivery method is agreed in writing.

Notice is considered received on the day it is sent, or on the next business day if sent outside normal business hours.

24. Business Hours and Response Times

Our standard business hours are Monday to Friday, 9:00 a.m. to 5:00 p.m., excluding statutory holidays.

Messages received outside those hours may be addressed on the next business day. While we aim to respond promptly, response times may vary depending on workload, project complexity, and the nature of the request.

25. Force Majeure

Neither party will be liable for delay or failure to perform caused by events beyond reasonable control, including internet outages, cyber incidents, natural disasters, labour disruptions, government actions, platform outages, or failures by third-party providers.

In such cases, timelines may be extended by a reasonable period.

26. Governing Law

These Terms and any dispute arising from them will be governed by the laws of the Province of British Columbia and the applicable federal laws of Canada.

27. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

28. Waiver

A failure by either party to enforce any provision of these Terms will not be considered a waiver of that provision or of the right to enforce it later.

29. Entire Agreement

These Terms, together with any proposal, invoice, service agreement, statement of work, or other written document expressly incorporated by reference, form the entire agreement between you and Bumerang regarding the services and replace any prior discussions or understandings on the same subject.