AMERQA's Terms of Service

This website is owned and operated by AMERQA Advertising Agency Corporation, a federally incorporated enterprise in Canada (“AMERQA”, “our”, “ours”, “we” or “us”). By viewing and/or using this website, contacting us, or using the services, products or solutions that are offered by AMERQA (Collectively “Service”), you (“Client”, “Clients”, “Business”, Businesses”, “your”, “yours” or “you”) are entering into this Agreement with AMERQA (this “Agreement”), and indicating that you fully understand and agree to the terms of Service hereunder (the “Terms”), which set forth the Terms relating to your use of the Service. AMERQA and Client may be referred to herein collectively as the “Parties” or individually as a “Party.” You may contact us if you have any further inquiries.

1- Non-Disparagement

The Parties agree to have mutual respect for each other. The Parties agree not to disparage, slander, or defame, directly or indirectly, each other or each other’s principals, agents, officers, owners, directors or employees during the Term of this Agreement. Furthermore, this term shall apply, without limitation, to all forms of communication whether online or offline. Nothing herein shall prevent any Party from making any truthful statement in connection with any legal proceedings or with any investigation by any governmental authority.

2- Survival

In the case of any termination to this Agreement, the following provisions shall survive; this provision “Survival”, “Non-Disparagement”, “Governing Law”, “Reimbursement of Expenses”, “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”.

3- Paid Services and Products

All fees including recurring fees and one-time-fees must be paid by the Client upfront and before the Service is given to the Client. In the event that the Client fails to pay any fees or charges under this Agreement, AMERQA may disable, suspend or terminate whole or part of the Service for the Client, until the Client pays their fees. Upon making the first payment with AMERQA, you understand that the standard payment processors we use including but not limited to Stripe, Inc. and Paypal, Inc. can save your card information (only the last four characters are shown to merchants) within the customer profile we create for you on our accounts with the payment processing gateways. You hereby authorize AMERQA to act in a responsible manner with any card information you provide to us. You hereby agree that AMERQA will only perform the following actions with your stored card information:

  1. For paid service/products enrollments and subscriptions, AMERQA will charge your card on a recurring basis in an automated manner until the enrollment is cancelled, including but not limited to monthly and yearly recurring charges, depending on the service/product.
  2. Upon a refund request made by you, AMERQA will issue any applicable refunds back to your card.
  3. Upon any requests of one time purchases, paid enrollments, or paid subscriptions made by you for any of our services/products, AMERQA will charge your card for such requested services/products on a recurring basis or one-time-payment basis, depending on the service/product, in order to deliver the service/product for you.

4- Payment Processing

AMERQA uses Paypal, Stripe and other third party payment processing gateways, you agree that AMERQA will subtract from your Campaign-Spend an amount equal to that of the processing fees charged by third party payment processing gateways. You must also agree to the terms of service of any third party payment processing gateway we use in order to charge fees from your cards. 

5- Prohibited Actions

Client may not violate, by act or omission, any applicable laws. Including but not limited to International laws, Canadian laws, and US laws.

6- End User Agreements

You understand that the terms of certain other products that are resold by AMERQA such as the Google Cloud End User Agreement are subject to this Agreement, however they must be signed and accepted expressly on a form which will be sent by AMERQA.

7- Governing Law

This Agreement shall be governed by the laws of the Province of Ontario without regard to any conflict of laws provisions.

8- Entire Agreement

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter addressed herein and supersedes all prior communications, agreements or understandings, written or oral, between the Parties. Any amendment to this Agreement must be in writing and signed by both Parties.

9- Force Majeure

Neither Party shall be liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reasons beyond its reasonable control, including any act of God, any results of war, earthquakes, floods, fires, epidemics, riots, failures of transportation or communications or utilities, provided, however, that lack of funds shall not be deemed to be a reason beyond a party’s reasonable control.

10- Reimbursement of Expenses

In any litigation, arbitration or dispute arising under or relating to this Agreement, Client will reimburse AMERQA for all expenses incurred or paid by AMERQA in connection with, or related to, all court expenses including but not limited to all attorney’s fees and collection agency’s fees.

11- Severability

If any provision of this Agreement is determined to be unenforceable under the law of the Province of Ontario, such non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions of this Agreement.

12- Assignment and Successors; Binding Effect

AMERQA may assign, transfer, pledge or encumbered the rights and obligations of the Parties under this Agreement without consent from the other Party in its sole discretion. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal and personal representatives, successors and permitted assigns.

13- Disclaimer of Warranties

While we try our best to make our Service as useful as possible to all of our valued and beloved Clients who are very dear to our hearts, Clients understand that all companies encounter problems and issues, therefore, the entirety of the Service without any exclusion to any part of the Service; is provided on “as is” and on “as available” basis. We cannot make complete warranties that our products or results of the use of the Service thereof, will meet Client’s personal preference, operate with zero interruption, be fully compatible or work with all available softwares, systems or other services, completely free of harmful code, or completely error free. However, we try to eliminate all imperfections as soon as possible. Moreover, while AMERQA tries to bring forth the best results possible, Client agrees and fully understands that AMERQA has no control over the changes that campaigning platforms make to their own platforms or over the issues they may encounter, therefore AMERQA disclaims warranties regarding third party platforms, including but not limited to Google, Bing, YouTube and all platforms that AMERQA’s agents operate sincerely and very diligently everyday to help our Clients grow their businesses.

14- Limitation of Liability

In no event will AMERQA’s liability under any legal or equitable theory, including, strict liability, tort, or otherwise, exceed either the total cost for the repair of such damage or a prorated refund of the unused portion of the Service, whichever is less.

15- Indemnification

In the case of any losses, damages, fines and expenses (including attorney’s fees and costs) that arises out of or relating to any claims that you have used our Service in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of our Service, you agree to indemnify and hold harmless AMERQA, its officers, directors, employees, suppliers, and affiliates, from and against all of the losses, damages, fines and expenses (including attorney’s fees and costs) except where such use is expressly authorized by AMERQA in writing, in such case AMERQA promises and agrees to indemnify and hold harmless its valued and beloved Client and its officers, directors, employees, suppliers, and affiliates, from and against all of the losses, damages, fines and expenses (including attorney’s fees and costs).

16- Suspension and Termination

AMERQA may, at its sole discretion, terminate this agreement or suspended the Client; or disable whole/part of the Service for the Client with a reason we deem as valid; in the case that the valid reason for the termination or suspension is not due to the Client’s activities AMERQA shall issue a fair prorated refund to the Client. If the termination or suspension is due to the Client’s activities there will be no prorated refund of any kind, except in the breach of the Non-Disparagement provision; AMERQA may or may not, at its sole option, issue a prorated refund to the Client. AMERQA may also terminate this agreement or suspended the Client; or disable whole/part of the Service for the Client without any reason, and in such case a prorated refund may be issued to such Client (refer to our Refund Policy for more).

We may also suspend or temporarily disable access to your business account or whole/part of the Service in the event of violation of the Terms of this Agreement, any suspected illegal activity, or requests by law enforcement or other government agencies. Objections to suspension or disablements should be submitted by filling out our Appeals form within 30 days of being notified about the suspension or disablement. If Client does not get in touch with us, suspended or disabled parts of the Service may get terminated for you within 30 days after they are disabled or suspended.

In addition, upon reasonable belief that you have violated the Terms we reserve the right to terminate your business account and deny you our Service. You have the right to terminate your business account if AMERQA breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid Service fees. Any termination of business account will include deletion of information in your business account such as your email address and password, along with the deletion of all data in your business account.

17- Effects of Partial/Full Service Termination

Partial and full Service terminations can be made only by AMERQA. When they are “full” all of the below effects apply, when they are “partial” only the effects associated with the suspended/disabled parts of the Service apply. Below are all the effects:

  1. Any free website & landing pages we built for you will get either deactivated, deleted, or modified for reuse along with any paid website add-ons (your business’s name will be removed from them), at AMERQA’s sole discretion.
  2. Any free commercial videos / marketing images we designed for you may get deleted, at AMERQA’s sole discretion.
  3. Any YouTube channels created and managed by AMERQA may get deleted, at AMERQA’s sole discretion.
  4. Any free G Suite/Zoho Business-Emails (users) we granted you will become paid in a monthly subscription, you may also have to pay their $133 CAD setup fee which was done for free. If you don’t wish to pay for them the account setup will be reversed and removed, and we will have to end the reseller relationship with you (it can be difficult to undo this proceeding if you wish to come back in the future).
  5. You will get an EPP code only for the paid domain names that you’ve registered with us (according to ICANN, you have to wait 60 days after registering a domain before you can transfer it).
  6. You can get an EPP code for your free domain names after paying the SALV Value using the disclaim method described on this page (click this link to go to the page) under the section: “Effects on Your Budget”.
  7. If you’ve moved your own website to AMERQA we may take down your site from our hosting (it won’t show up on the internet) and we may also send you a link to a Google Drive folder containing the files of your website.
  8. Any free A/B Tests & campaign optimizations we were offering you free of charge will be stopped.
  9. Any free Google Maps Listing we created and managed for you will be removed.
  10. Your business account may get permanently deleted.
  11. If you have a Custom Website built and hosted by AMERQA the website files may be given to you and deleted from our hosting.
  12. If you have a WorldWide Mapping subscription you won’t be able to renew the subscription once it ends.
  13. If you have In-Depth SEO Service subscription you won’t be able to renew the subscription once it ends.
  14. If you have Custom Business-Emails AMERQA may migrate your G Suite account.

18- Effects of Partial/Full Service Disablement and Service Suspension

Service disablements are made by the Client, they can be full Service disablement or partial Service disablement, Service suspensions are made by us and they can also be either full or partial. When they are “full” all of the below effects apply, when they are “partial” only the effects associated with the suspended/disabled parts of the Service apply. Below are all the effects:

  1. For all effects of suspensions and disablements, please go to: https://basics.amerqa.ca/disabling-your-campaigning-services/
  2. If you’ve moved your own website to AMERQA we may take down your site from our hosting (it won’t show up on the internet) and we may also send you a link to a Google Drive folder containing the files of your website.
  3. You will get an EPP code for all domain names you’ve registered with us (according to ICANN, you have to wait 60 days after registering a domain before you can transfer it).
  4. Your business account will get disabled, at AMERQA’s sole discretion.
  5. If you have a Custom Website built and hosted by AMERQA the website files will not be deleted but they will be taken down from our hosting.
  6. If you have a WorldWide Mapping subscription you won’t be able to renew the subscription once it ends.
  7. If you have In-Depth SEO Service subscription you won’t be able to renew the subscription once it ends.
  8. If you have Custom Business-Emails AMERQA may disable your G Suite account.

19- Refund Policy

A) For Clients that campaign with AMERQA:

   I) Conditions for applications of prorated refunds:

  1. If AMERQA terminates or disables your ads without you being in breach of this Agreement, AMERQA shall issue a fair prorated refund to you.
  2. If AMERQA terminates or disables your ads due to you being in breach of this Agreement, there will be no prorated refund of any kind, except when the underlying cause is the breach of the Non-Disparagement Provision, in such case, AMERQA may or may not, at AMERQA’s sole option, issue a prorated refund to you.
   II) Applications of prorated refunds (subject to provision [19][A][I]):
  1. You can get a fair prorated refund (calculated by days) for any Additional-CIR amount.
  2. You can get a fair prorated refund (calculated by days) for any monthly Campaign-Spend portion of your budget.
  3. SSR, Additional-SSR, Additional Pages, and Website Add-Ons are non-refundable.
  4. CIR payments (not ‘Additional-CIR’ payments) can be refunded on a prorated basis (calculated by days) only if you have been campaigning a service, product, trademark or business name with AMERQA: a) for more than 4 months, or; b) with a budget that’s equal or more than $1430 CAD per month, or; c) if both provision [19][A][4](a) and provision [19][A][4](b) apply to you.

B) For Clients that have the ‘Fully Custom Web Development Service’ with AMERQA:

  1. Deposits are non-refundable.
  2. Website Add-Ons are non-refundable.
  3. Once the service fees are paid in full and the website is given to the Client, the service fees are non-refundable.

C) For Clients that have the ‘Worldwide Mapping Service’ with AMERQA:

If you request to terminate or disable the WorldWide Mapping service or if AMERQA becomes forced to terminate or suspend your WorldWide Mapping service, due to the actions of its suppliers and vendors, AMERQA will not be able to issue any form of refund to you due to the policies of the suppliers and vendors of the WorldWide Mapping service.

D) For Clients that have the ‘In-Depth SEO Service (Search Engine Optimization)’ with AMERQA:

You can get a prorated refund for any unpublished monthly articles left in your subscription, however, no refund can be made after the agent has made the effort of writing any of your published SEO articles.

E) For Clients that have the ‘Custom Business-Email Suite’ with AMERQA:

  1. If you have requested from us to pay via G Suite’s Annual Plan (Yearly Payments) G Suite does not offer any refunds, therefore we can’t offer you any refund.
  2. If you pay via the regular G Suite’s Flexible Plan (Monthly Payments) we will contact G Suite on your behalf and try to get a refund or a prorated refund for you, any refunds in this situation are not guaranteed.

F) For Clients that have ‘Additional Pages’ for their free websites with AMERQA:

  1. You can get a fair prorated refund (calculated by months) for any Additional Pages you wish to delete.
  2. You can get a fair prorated refund (calculated by months) for all of your Additional Pages when you stop campaigning with us as your free website gets deactivated/deleted.

20- Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to use the Service and have the right, power, and ability to enter into and perform under these terms; (c) any information you provide accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, provincial, territorial, and local laws, rules, and regulations applicable to you and/or your business, including all laws governing the protection of personal information, anti-spam legislation and consumer protection laws; (e) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Service; and (f) your use of the Service will be in compliance with these terms.

21- Reservation of Rights

AMERQA reserves all rights not expressly granted to Client in this Agreement. Except for the limited rights expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Client or any third party any intellectual property rights or other right, title, or interest in or to AMERQA’s intellectual property.

22- Changes to This Terms of Service Agreement

We keep this Agreement up-to-date with the Terms of our Service, we regularly ensure that it is compliant with applicable laws. We reserve the right, at our discretion, to revise this Agreement at any time. You are encouraged to review this Agreement from time to time.

23- Privacy Policy & Cookie Policy

You agree and accept our Cookie Policy and Privacy Policy. To learn more please click the two links provided below:

1- AMERQA’s Privacy Policy.

2- AMERQA’s Cookie Policy.

Contact Us
Should you have any questions regarding this Terms of Service Agreement, please contact us.