Above the Fold Online Marketing Services Inc. (the “Company”) respects the privacy concerns of the users of its website, abovethefold.live or abovethefoldcanada.ca or getfound.live and the services provided therein (the “Site”). The Company thus provides this privacy statement to explain what information is gathered during a visit to the Site and how such information may be used.

Use of Information: As a general policy, no personally identifiable information, such as your name, address, or e-mail address, is automatically collected from your visit to the Site. However, certain non-personal information is recorded by the standard operation of the Company’s internet servers. Information such as the type of browser being used, its operating system, and your IP address is gathered in order to enhance your online experience.

The Site’s various mailing lists, downloads, special offers, contests, registration forms, and surveys may request that you give us contact information such as your name, mailing and/or e-mail address, demographic information such as your age and gender, and personal preference information such as your preferred software and interests. Information submitted at the time of submission will be used by the Company only as necessary for our legitimate business interests, including without limitation the improvement of our products, services and the contents of the Site. The Company may also share such information with our business and promotional partners to further those interests. Personally identifiable information is never sold or leased to any third parties. With your permission, we may use your contact information to send you information about our company and products. You may always opt-out of receiving future mailings as provided below. The Company does not store any credit card information it may receive in regard to a specific transaction and/or billing arrangement except as necessary to complete and satisfy its rights and obligations with regard to such transaction, billing arrangement, and/or as otherwise authorized by a user.

The Company may disclose user information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with the Company’s rights or property, other users of the Site, or anyone else that could be harmed by such activities.

Children Age 13 and Under: The Company recognizes the special obligation to protect personally identifiable information obtained from children age 13 and under. AS SUCH, IF YOU ARE 13 YEARS OLD OR YOUNGER, THE COMPANY REQUESTS THAT YOU NOT SUBMIT ANY PERSONAL INFORMATION TO THE SITE OR TO THE COMPANY. If the Company discovers that a child age 13 or younger has signed up on the Site or provided us with personally identifiable information, we will delete that child’s identifiable information from our records.

Use of Cookies: Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site, and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.

Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permit the use of malware, spyware, viruses, and/or other similar types of software.

Links to External Sites: The Company is not responsible for the content or practices of third party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.

Bulletin Boards and Chat Areas: Guests of the Site are solely responsible for the content of messages they post on the Company’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, e-mail address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.

Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any e-mail list in order to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please contact us at https://abovethefold.live/lets-chat/#questions, including a copy of the undesired email attached to the request, and state you wish to be removed from the mailing list.

Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:

Via https://abovethefold.live/lets-chat/#questions

Information provided by you via general e-mail inquiries to the Company such as your e-mail address is used only to respond to your inquiries in the ordinary course of business, and is never shared with third parties.

Security: Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.

Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in this Privacy Policy. If you do not agree to this policy, please do not use the Site. This Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Privacy Policy to which you are bound.

Last Updated: January 2020

Terms of Service

These Terms of Service are made effective the date of electronic review between the “Client,” and Above the Fold Online Marketing Services Inc. (Above the Fold) of 3633 Grassick Ave., Regina, SK S4S 0Z3.

Description of Services

Beginning on the date of review, Above the Fold will provide to the Client the services described in (collectively, the “Services”), as amended from time to time. Above the Fold will perform services at Above the Fold facilities at various times and for various durations as directed by the Client.

Invoices and Payment

The Client is responsible for payment of all services performed on the Client’s behalf by Above the Fold. Payment shall be made to Above the Fold electronically: via credit card, e-transfer or direct deposit. The Client agrees to pay the sum owing within 5 days of the execution of this agreement, and the remainder according to the payment terms. 

Pricing

1. 1. Is valid for 90 days from the proposal.
   2. Website design pricing includes 3 rounds of revisions.
   3. One-page websites shall not exceed eight (8) sections.
   4. Additional changes will be charged at $125/hr + GST.
   5. Final project payment is due prior to the site “go live.”

Prepaid Services

1. The setup fee and first months service must be paid in full prior to service commencement;
2. Services commence no later than ten (10) days after invoice payment;
3. Services continue up to ten (10) days after the renewal an invoice;
4. Payment not received on time may result in a service disruption;
5. Service provision will not be extended for overdue payments.

Post-paid Services

1. Invoices are due upon receipt;
2. Delay of payment may result in the service disconnection, disruption or removal of service.

Recurring Fees

1. Monthly website care & maintenance change requests will be completed within 72 business hours. If this timeframe can not be met due to work volume, holidays, or staff availability, the Client will be advised.
2. If the Client wishes to terminate monthly recurring services, a 30-day notice is required.
3. Annual invoices automatically renew and are due 30 days prior to expiry. IE Due Jan 15 for Feb 15 expiry.

The Client will also reimburse any expenses incurred by Above the Fold on behalf of the Client, however, such expenses shall be approved in writing by the Client prior to the time they are incurred. 

Additional charges will be clearly stated and billed. If the bill is not paid before the due date, a late fee in the amount of $10.00 or two percent (2%) of the unpaid balance, whichever is greater, will be applied to the Client's account.

The Client agrees to pay all costs of collection, including without limitation, reasonable legal fees. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due. Above the Fold has the option to treat such failure to pay as a material breach of the terms of the agreement, and may cancel this agreement and/or seek legal remedies.

Project Term and Timeframes

1. A schedule will be identified at the beginning of the project.
2. If delays are encountered on the Client’s part, Above the Fold will reschedule the project as quickly as possible and new timeframes will be provided to the Client;
3. Client delays beyond the agreed to timeframes or that exceed 90 days from initiation, will result in the final invoice being issued.
4. Work products will be retained for an additional 90 days when final invoice has been issued before being archived. Work products will be returned to the Client when all invoices are paid in full.
5. Projects for restart are subject to a restart fee of $750 and Above the Fold availability.

This agreement will terminate automatically upon completion of the Services as described.

Termination for Convenience

Either party may terminate this agreement at any time and for any reason on 30 days of prior written notice to the other party. If the Client terminates the Agreement under this section, Above the Fold shall complete any work assigned or scheduled during the notice period in accordance with the Terms of Service.

Confidentiality

Above the Fold, and it’s employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Above the Fold, or divulge, disclose, or communicate in any manner, any information that is proprietary to the Client. Above the Fold and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this agreement. Any oral or written waiver by the Client of these confidentiality obligations which allows Above the Fold to disclose the Client’s confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences. Upon termination of this agreement, Above the Fold will return to the Client all records, notes, documentation and other items that were used, created, or controlled by Above the Fold during the term of this agreement.

Independent Contractor

Above the Fold acknowledges that the services rendered under this agreement shall be solely as an independent contractor. Above the Fold shall not enter into any contract or commitment on behalf of Client. Above the Fold further acknowledges that it is not considered an affiliate or subsidiary of Client, and is not entitled to any Client employment rights or benefits. It is expressly understood that this undertaking is not a joint venture.

Copyright

Once payment is made in full, all copyright privledges for work created or modified by Above the Fold for the clients exclusive use will be transferred to the client.

Default

The occurrence of any of the following shall constitute a material default under this agreement:

• The failure to make a required payment when due.
• The insolvency or bankruptcy of either party.
• The subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
• The failure to make available or deliver the Services in the time and manner provided for in this agreement.

Remedies

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term, or condition of this agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the defaults(s) within such time period shall result in the automatic termination of this agreement.

Force Majeure

If the performance of this agreement or any obligation under the terms is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages, or other labour disputes, or supplier and service provider failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Dispute Resolution

If a dispute arises out of, or in connection with this agreement, the parties agree to meet to pursue resolution through negotiation or other appropriate dispute resolution process before resorting to litigation. All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

Assignment

Neither party shall assign this Agreement unless consented to in writing by both parties.

Entire Agreement

This Agreement constitutes the entire Agreement and understanding between the parties and supersedes all prior agreements and understandings with respect to the Agreement whether written or oral. No modification or claimed waiver of any of the provisions hereof shall be valid unless in writing and signed by authorized representatives of the party against whom such modification or waiver is sought to be enforced.

Waiver

No waiver, by either party, whether express or implied, of any provision of this Agreement, or of any breach or default of either party, shall constitute a continuing waiver of such provisions or a waiver of any other provisions of this Agreement.

Amendment

This agreement may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

Governing Law

This Agreement will be governed by and shall be construed in accordance with the laws of the Province of Saskatchewan, Canada.

Last updated April 7, 2023

Last updated January 23, 2023