Terms of Service

Our Commitment to Transparency

TradeMarked Consulting is built on a simple premise: service-business owners deserve a growth partner that operates with complete honesty about what it delivers and how. These Terms of Service govern your use of our website at trademarkedconsulting.com and your engagement with our services. We have written these terms in plain language so you understand exactly what you are agreeing to.

By visiting our website, submitting a form, requesting a Growth Audit, or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or services.

Section 1 - Acceptance of Terms

1.1 By accessing or using trademarkedconsulting.com, submitting any form on our website, requesting a Growth Audit, or entering into a service agreement with TradeMarked Consulting Ltd. ("TradeMarked," "we," "us," "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

1.2 You represent that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or the business you represent.

1.3 If you are entering into these Terms on behalf of a business or organization, you represent that you are authorized to bind that business to these Terms.

1.4 Our Privacy Policy is incorporated into these Terms by reference and forms part of the agreement between you and TradeMarked.

Section 2 - Who We Are and What We Do

2.1 TradeMarked Consulting Ltd. is a growth consulting and implementation firm headquartered at 400 Applewood Crescent, Suite 100, Concord, Ontario, L4K 0C3, Canada. We help established contracting businesses and other service-area businesses implement coordinated systems for demand generation, conversion, customer retention, and performance measurement.

2.2 Our services include, but are not limited to:

• Growth System strategy, implementation, and performance reviews
• Owned demand and local discoverability infrastructure
• Paid customer-acquisition management
• AI discoverability and structured content implementation
• Website, landing-page, and conversion-path implementation
• Review, reputation, and customer-trust systems
• Customer retention, email, and SMS automation
• Attribution, reporting, and general business operations consulting
• Administrative guidance related to lien filing processes (see Section 9 for important disclaimer)

2.3 The specific scope, pricing, deliverables, timelines, and performance expectations for any engagement are governed by a separate signed Service Agreement or Proposal between TradeMarked and the client. These Terms of Service govern general use of our website and apply as a baseline to all engagements.

2.4 TradeMarked reserves the right to modify, suspend, or discontinue any service offering at any time with reasonable notice to affected clients.

Section 3 - Exclusive Territory Agreement

3.1 One business per service category per area. A core component of TradeMarked's value proposition is geographic and industry exclusivity. When we accept a client, we commit to not accepting a competing business in the same service industry category within the same defined service area for the duration of that client's active engagement.

3.2 Definitions for exclusivity purposes:

• "Service industry" means the primary trade or service category of the client's business (e.g., plumbing, HVAC, roofing, electrical, landscaping, exterior washing, tree service, etc.) as agreed upon in the signed Service Agreement.
• "Service area" means the specific geographic territory defined in the signed Service Agreement (typically defined by city, region, or postal code cluster).

3.3 Activation of exclusivity: Exclusivity is activated upon execution of a signed Service Agreement and receipt of the first valid payment. Exclusivity does not attach from website inquiries, Growth Audit requests, consultations, or unsigned proposals alone.

3.4 Forfeiture of exclusivity: A client's exclusivity protection is forfeited upon any of the following:

• Material breach of the Service Agreement not remedied within 15 days of written notice
• Non-payment of any invoice more than 30 days past the due date
• Voluntary termination of the Service Agreement by the client
• Termination of the Service Agreement by TradeMarked for cause

3.5 Limitations: Exclusivity applies only to the specific service industry and service area defined in the signed Service Agreement. It does not restrict TradeMarked from serving businesses in adjacent or different trades in the same geographic area, or the same trade in different geographic areas not covered by the Service Agreement.

3.6 Good faith effort: TradeMarked maintains an internal system to track client territories and will use commercially reasonable efforts to honor exclusivity commitments.

Section 4 - Payment Terms

4.1 All fees for services are set out in the applicable Service Agreement or Proposal signed by both parties.

4.2 Non-refundable setup and onboarding fees: Any setup, onboarding, or initiation fees specified in the Service Agreement are non-refundable once service delivery has commenced.

4.3 Recurring fees: Monthly retainer or subscription fees are due on the date specified in the Service Agreement.

4.4 Late payments: Any invoice not paid within 7 calendar days of the due date will incur a late fee of 2% per month (24% per annum) on the outstanding balance, compounding monthly.

4.5 Service suspension: TradeMarked reserves the right to suspend all active services immediately upon any invoice becoming 15 or more days past due, without further notice and without liability for any resulting gaps in service performance.

4.6 GST/HST: All fees are exclusive of applicable Canadian Goods and Services Tax (GST) and Harmonized Sales Tax (HST), which will be added to invoices where required by law.

4.7 Disputed invoices: If you believe an invoice contains an error, you must notify TradeMarked in writing within 10 business days of receipt. Undisputed portions of any invoice remain due on the original due date.

Section 5 - Client Responsibilities

For TradeMarked to deliver effective results, clients agree to:

5.1 Provide timely access: Promptly grant TradeMarked administrative or owner-level access to all platforms required for service delivery within 5 business days of a written request.

5.2 Provide brand assets: Supply accurate and current business information, logos, images, and any other brand materials required within 5 business days of request.

5.3 Review and approve deliverables: Review all content, campaigns, and strategies submitted for approval and respond within 5 business days.

5.4 CASL compliance for contact lists: Any contact lists provided to TradeMarked for marketing automation must comply with Canada's Anti-Spam Legislation (CASL). The client warrants that all contacts on provided lists have given valid express or implied consent to receive commercial electronic messages.

5.5 Accuracy of business claims: The client is solely responsible for ensuring that all business information, claims, and representations used in marketing materials are accurate and comply with applicable laws.

5.6 Maintain access and cooperation: Maintain active access credentials and promptly notify TradeMarked of any changes to platform accounts or business information.

5.7 Not engage competing vendors: While TradeMarked is under an active Service Agreement, the client agrees not to engage another agency, freelancer, or in-house employee to perform substantially overlapping services without TradeMarked's prior written consent. Unauthorized parallel engagement may void the exclusivity protections in the applicable Service Agreement.

Section 6 - Intellectual Property

6.1 Client ownership of deliverables: Upon receipt of full payment for all outstanding fees, TradeMarked assigns to the client ownership of the specific deliverables created for that client under the Service Agreement.

6.2 TradeMarked's proprietary systems: TradeMarked retains ownership of all proprietary systems, frameworks, methodologies, templates, processes, and know-how developed by TradeMarked, including the Service Business Growth System and internal fulfillment tools.

6.3 Client license to TradeMarked: The client grants TradeMarked a non-exclusive, royalty-free license to use the client's logos, business name, brand assets, and publicly available business information solely for the purpose of delivering contracted services.

6.4 Portfolio and case study use: TradeMarked may reference the client's business name, describe the services provided, and share performance outcomes as case studies or portfolio examples, unless the client provides written notice requesting exclusion within 30 days of the engagement commencing.

6.5 Third-party materials: The client represents that any materials they provide to TradeMarked do not infringe any third-party intellectual property rights and indemnifies TradeMarked against any claims arising from client-provided materials.

Section 7 - AI-Generated Content

7.1 TradeMarked uses artificial intelligence tools to assist in the creation of marketing content, strategy documents, SEO articles, ad copy, and other deliverables.

7.2 All AI-assisted work product is reviewed and refined by a human specialist before delivery to the client.

7.3 The client acknowledges that AI tools may be used in the creation of deliverables.

7.4 Client-specific personal or business data is not used to train third-party AI models.

7.5 The client is responsible for reviewing all delivered content and approving it before publication or distribution. Approval of AI-assisted content constitutes the client's acceptance of that content for publication purposes.

Section 8 - Results Disclaimer - Please Read Carefully

8.1 No guarantee of specific results. TradeMarked provides growth consulting and implementation services with skill, diligence, and best-practice methodology. However, we do not and cannot guarantee specific outcomes including, but not limited to:

• Search engine rankings (Google Maps, Google organic search, AI search engines, or any other platform)
• Number of leads, calls, or inquiries generated
• Revenue, profit, or business growth
• Return on investment or return on ad spend
• Competitor displacement or exclusion from search results

8.2 Growth results are inherently variable and depend on factors outside our direct control, including Google's algorithms, competition in the client's service area, the quality of the client's website, the client's ability to answer calls and close jobs, and the client's responsiveness in approving deliverables.

8.3 Case studies and testimonials represent outcomes achieved by specific clients in specific circumstances. They are not promises of similar results.

Section 9 - Legal Consultation and Lien Filing Disclaimer - Please Read Carefully

9.1 TradeMarked Consulting provides general consulting guidance and administrative support related to contractor lien filing processes and general business operations.

9.2 This is not legal advice. Nothing on our website, in our marketing materials, or in our services constitutes legal advice, and no attorney-client relationship is created between TradeMarked and any client or visitor. TradeMarked Consulting is a growth consulting and implementation firm, not a law firm, and our team members are not licensed lawyers.

9.3 Contractor lien laws, deadlines, and requirements vary significantly by province, state, and jurisdiction. TradeMarked's guidance is intended for informational purposes only.

9.4 We strongly recommend that you retain a licensed attorney in your jurisdiction for any formal legal proceedings, lien registrations, contract disputes, or matters where legal rights or obligations may be at stake.

9.5 TradeMarked is not responsible for any legal outcomes, missed deadlines, or adverse consequences arising from reliance on TradeMarked's general guidance without obtaining independent legal counsel.

Section 10 - Third-Party Platforms

10.1 TradeMarked may manage advertising campaigns, profiles, and accounts on third-party platforms on behalf of clients, including Google Ads, Local Service Ads, Meta/Facebook, and Google Business Profile.

10.2 The client owns their accounts. Accounts created or managed by TradeMarked on a client's behalf belong to the client.

10.3 TradeMarked is not responsible for: platform outages or service interruptions; changes to platform policies or ranking algorithms; account suspensions imposed by a third-party platform; or loss of rankings or performance resulting from platform-side algorithm updates.

Section 11 - Confidentiality

11.1 Both TradeMarked and the client agree to hold each other's confidential information in strict confidence and not to disclose it to third parties without prior written consent.

11.2 Confidential information includes: business strategies, campaign performance data, pricing and fee structures, client lists, fulfillment methodologies, internal processes, financial information, and any other information designated as confidential.

11.3 Confidentiality obligations survive the termination of any service engagement for a period of 3 years from the date of termination.

Section 12 - Disclaimer of Warranties

12.1 Except as expressly stated in a signed Service Agreement, TradeMarked's services and website are provided "as is" and "as available" without warranty of any kind, express or implied.

12.2 TradeMarked does not warrant that services will be uninterrupted or error-free, that specific results will be achieved, or that third-party platforms will remain available or unchanged.

12.3 To the fullest extent permitted by applicable law, TradeMarked disclaims all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Section 13 - Limitation of Liability

13.1 Liability cap. To the fullest extent permitted by applicable law, TradeMarked's total cumulative liability to any client or user for any claim arising out of or related to these Terms, our website, or our services is limited to the total fees paid by that client to TradeMarked in the 12 months immediately preceding the event giving rise to the claim.

13.2 In no event will TradeMarked be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of business, loss of data, or costs of replacement services.

13.3 These limitations apply even if TradeMarked has been advised of the possibility of such damages.

Section 14 - Indemnification

14.1 Client indemnification of TradeMarked. The client agrees to indemnify, defend, and hold harmless TradeMarked and its officers, directors, employees, and contractors from any claims, damages, losses, liabilities, and expenses arising from: client-provided materials that infringe a third party's intellectual property rights; false or misleading claims in the client's marketing materials; or the client's failure to comply with applicable laws.

14.2 TradeMarked indemnification of clients. TradeMarked agrees to indemnify clients from claims by third parties that TradeMarked's independently created deliverables (not incorporating client-provided materials) infringe a third party's intellectual property rights.

Section 15 - Term and Termination

15.1 Either party may terminate an ongoing service engagement by providing 30 days' written notice to the other party.

15.2 Immediate termination for cause. TradeMarked may terminate a service engagement immediately upon written notice if: the client materially breaches these Terms and fails to remedy the breach within 15 calendar days of written notice; any invoice is more than 30 days past due; or the client engages in illegal or fraudulent conduct.

15.3 Effect of termination: All earned fees and outstanding invoices become due and payable immediately. TradeMarked will deliver completed deliverables upon receipt of full payment. Sections 6, 8, 9, 11, 12, 13, and 14 survive termination. Exclusivity protection ceases immediately upon termination.

Section 16 - Acceptable Use

16.1 By using our website or services, you agree not to: use our website or services for any unlawful purpose; transmit spam or violate CASL; infringe upon any intellectual property rights; submit false or fraudulent information; attempt to gain unauthorized access to our systems; or engage in deceptive advertising practices.

16.2 You warrant that your contracting business is lawfully operating and licensed in all jurisdictions where it conducts business.

Section 17 - Governing Law and Dispute Resolution

17.1 These Terms of Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

17.2 In the event of any dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation, initiated by written notice to the other party.

17.3 If the dispute is not resolved within 30 days of written notice, the parties agree to attempt non-binding mediation in Vaughan or Toronto, Ontario.

17.4 If mediation does not resolve the dispute, the parties submit to the exclusive jurisdiction of the courts of the Province of Ontario.

17.5 Either party may seek injunctive or equitable relief from a court for actual or threatened violations of intellectual property rights or confidentiality obligations, without first exhausting the negotiation and mediation process.

Section 18 - Electronic Communications and Consent

18.1 By submitting any form on our website, requesting a Growth Audit, or contacting us through any channel, you consent to receiving email, SMS, and phone communications from TradeMarked related to your inquiry and our services, in accordance with CASL.

18.2 You may withdraw consent for marketing communications at any time by unsubscribing from any email, replying "STOP" to any SMS, or contacting us at privacy@trademarkedconsulting.com.

18.3 Electronic signatures and records are legally valid under Ontario's Electronic Commerce Act, 2000.

Section 19 - General Provisions

19.1 Severability: If any provision of these Terms is found to be invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions continue in full force and effect.

19.2 Entire agreement: These Terms of Service, together with the Privacy Policy and any signed Service Agreement, constitute the entire agreement between you and TradeMarked regarding the subject matter herein.

19.3 No waiver: Failure by TradeMarked to enforce any provision of these Terms does not constitute a waiver of that provision.

19.4 Assignment: The client may not assign or transfer any rights or obligations without TradeMarked's prior written consent. TradeMarked may assign its rights in connection with a merger, acquisition, or sale of assets, with notice to affected clients.

19.5 No partnership: Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Section 20 - Changes to These Terms

20.1 TradeMarked reserves the right to update these Terms of Service at any time. When we make material changes, we will update the "Last Updated" date and notify active clients by email.

20.2 Continued use of our website or services after updated Terms are posted constitutes your acceptance of the updated Terms.

Section 21 - Contact Information

TradeMarked Consulting Ltd.
400 Applewood Crescent, Suite 100
Concord, ON L4K 0C3, Canada

Email: shayne@trademarkedconsulting.com
Phone: +1 888-680-7593
Website: trademarkedconsulting.com

These Terms of Service are provided for informational purposes. TradeMarked Consulting recommends having these terms reviewed by a licensed Ontario business lawyer before publishing to ensure they accurately reflect your business practices and provide adequate legal protection.