Terms of Service

1. Terms

The website you have entered (its sub-domains, affiliated websites, any mobile versions, and any services available therefrom) (the “Site”) is a copyrighted work owned and operated by DMKTG Co (“DMKTG”, “DMKTG Co”, “DMKTG.co”, “we” or “us”).

By accessing the website at DMKTG.co you are agreeing to be bound by these Terms of Service, and have read our Privacy Policy and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Service Level Agreement (SLA) & Availability

DMKTG.co SLA has a 99.9% uptime guarantee on hosting. Our goal is to respond to Severity Level 1 notifications from clients. DMKTG.co will work with our Cloud Partners on incident resolution. We have a 60 minute first reaction time on emergencies (Error Response). This is acknowledgement only and not a time to resolve incident.

3. Service Level Credits

Your next monthly invoice following any failure to meet the SLA goal will include a credit for such failure (except free trials). You will receive a credit of 2.5% of your total fee (for the month in which the goal was not met) for each complete hour in which we fail to meet the Service Availability goal. Collectively these are referred to as “SLA Credits.” SLA Credits are based on our monitoring, may not exceed the total amount of Fees you have paid to us for the month in which we failed to meet the Service Availability set out in 2. SLA Availability and will not be paid in cash, but rather a credit issued. If you terminate your Client Agreement before the SLA Credit is applied, no refund or other payment will be made.

4. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on DMKTG.co’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on DMKTG.co’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by DMKTG.co at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

5. Managed Services Fees

DMKTG.co has partnered with leading platforms Shopify and WIX. In addition to the monthly subscription service fee outlined and agreed upon by the client, additional monthly fees per service on these platforms may apply.

6. Payment

Client shall pay by valid payment method for services provided by DMKTG.co at the time of signing up at the fee set forth. Client’s monthly payments for the services, depending on the plan selected by client, shall be automatically charged to the valid payment method provided by client at the time of purchase each month. If Client does not pay the fees by the date due, DMKTG.co may suspend Client’s ability to use the services, and may terminate this Terms of Service. Client agrees that all charges and fees associated with an account are their sole responsibility. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until cancelled in writing via support ticket. Violations of DMKTG.co’s Terms of Service may, result in immediate and permanent service disablement without refund.

7. Termination

These Terms of Service may be terminated by either party, without cause, at any time, by giving the other party 14 days written notice. DMKTG.co will accept termination by support ticket submitted. Refunds. DMKTG.co must receive written notice by way of support ticket and must confirm termination no later than 30 days from initial setup of service for refund to be valid.

8. Disclaimer

  1. The materials on DMKTG.co’s website are provided on an ‘as is’ basis. DMKTG.co makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchant-ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, DMKTG.co does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

9. Limitations

In no event shall DMKTG.co or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on DMKTG.co’s website, even if DMKTG.co or a DMKTG.co authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

10. Accuracy of materials

The materials appearing on DMKTG.co’s website could include technical, typographical, or photographic errors. DMKTG.co does not warrant that any of the materials on its website are accurate, complete or current. DMKTG.co may make changes to the materials contained on its website at any time without notice. However DMKTG.co does not make any commitment to update the materials.

11. Links

DMKTG.co has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DMKTG.co or the site. Use of any such linked website is at the user’s own risk.

12. Modifications

DMKTG.co may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

13. Account

DMKTG.co requires you to provide your full legal name and valid email address on new account sign-up.

14. Acceptable Use Policy

Acceptable Use Policy Last updated October 1, 2022.

This Acceptable Use Policy (this “AUP”) describes material and activities that are not allowed in connection with the Services offered by DMKTG.co. This AUP is not exhaustive, and DMKTG.co reserves the right to take remedial action in connection with content or uses that are not specifically described below. You are responsible for violations of this AUP by anyone using your account with your permission or on an unauthorized basis. You are also responsible for violations of this AUP by Your Users. Your use of the Services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP. We may modify this AUP at any time by posting a revised version on the DMKTG.co Websites and/or Services. All capitalized and formally defined terms in this AUP have the same meaning as in the Terms of Service. Illegal or Abusive Activity or Content You may not use the Services for any unlawful or abusive purpose. Prohibited activities include: Illegal Activities. Any use of the Services to engage in, further, promote, or encourage illegal conduct or activities, including the dissemination of content that has been determined by a court of competent jurisdiction to be unlawful. Fraudulent or Harmful Activities. Engaging in activities that is deceptive or harmful to others, or that would harm DMKTG.co’s operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), deceptively impersonating another person or entity, or engaging in other fraudulent or misleading practices. Violation of Intellectual Property Rights. Using the Services in a manner that violates, infringes on or misappropriates the intellectual property or proprietary rights of any third party, including without limitation any rights in or to copyright, patent, trademark, trade secret, privacy or publicity, and publishing content intended to assist others in unlawfully circumventing technical measures intended to protect any such rights. Unlawful Pornography, depictions of nudity or sexual activity obtained or disseminated without the consent of those depicted (e.g., “revenge pornography”). Violent, Harassing, or Abusive Content. Content that incites or threatens violence against any person, promotes terrorism, is intended to harass, abuse or invade the privacy of any individual, creates a risk to the physical safety or health of any individual or to public safety or health, or that threatens or encourages harm on the basis of race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender, gender identity, serious disease or disability, or immigration status. Controlled Substances. Unlawfully selling or distributing controlled substances, including but not limited to any illegal or prescription drugs.

15. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Ontario, Canada and you irrevocably submit to the exclusive jurisdiction of the courts in that Province or location.