Terms of Service

1. About these Terms

These Terms of Service (“Terms”) apply to this website and to every service Commonwealth Marketing provides. By using this website, accepting a proposal, signing a service agreement, approving work by email, or paying an invoice, you agree to these Terms.

If you agree on behalf of a business or organization, you confirm that you have authority to bind it, and “you” means that business or organization.

If a proposal or service agreement signed by both of us says something different from these Terms, the signed document applies for that project. Otherwise, these Terms apply.

2. Who we are

Commonwealth Marketing (“Commonwealth”, “we”, “us”) is a business based in Ontario, Canada. The legal name of the business owner appears on every proposal, invoice and service agreement we issue. You can reach us at info@commonwealthmarketing.ca.

Our services are for businesses and organizations. You confirm that you are buying our services for business purposes, not for personal, family or household use.

3. Our services

We provide video production, translation, voiceover, advertising management, reporting and related marketing services. The exact services, deliverables, timelines and fees for your project are set out in your proposal, service agreement, or the plan you choose on our website.

• Changes to the scope of work must be agreed in writing. Email counts.
• Work outside the agreed scope will be quoted separately before we start it.
• We may use trusted freelancers, such as editors, translators, native-speaker reviewers, voice talent and creators, to help deliver the work. They are bound by confidentiality, and we remain responsible for their work under these Terms.
• We decide the methods, tools and schedule we use to deliver the agreed work.

Our monthly plans: what’s included

We offer two monthly plans, Presence and Momentum, and Enterprise programs for larger businesses. The monthly plans’ allowances are listed on our website and in your service agreement. An Enterprise program’s scope, allowances and price are set out in a written proposal that you approve. These definitions apply to all of them:

• Original video. One independently planned, filmed and edited video. Publishing the same video on Instagram, Facebook and TikTok counts as one original video.
• Translated version. An adaptation of an original video into another language we support. It can include a translated script, an AI voiceover, subtitles, captions and on-screen text, and is checked by a native speaker. New footage, new presenters, recorded human voiceovers or major creative changes are quoted separately.
• Revision. A reasonable set of changes to a delivered video. A new concept or a reshoot is not a revision.
• Shoots. Each shoot has the time allowance shown for your plan and takes place at one location in the Greater Toronto Area. Extra time, extra locations, long-distance travel or special equipment may cost extra, and we’ll tell you before booking.
• Posts. On every plan, we schedule and publish your approved content on the Instagram, Facebook and TikTok accounts you connect, up to your plan’s monthly post limit. Social media management doesn’t include answering messages or comments, customer service or community moderation unless we agree to it in writing.
• Landing page. Momentum includes one landing page for a specific ad campaign (Enterprise programs as set out in the proposal), with a lead form or other agreed action. It is not a full business website. You are responsible for replying to the leads it collects.
• Monthly allowances. Allowances apply to each billing month and don’t roll over, unless we agree otherwise in writing.
• Languages. Every plan includes English plus any language we currently support, within the monthly allowance of translated versions. We only offer a language when a qualified native speaker can review it.

4. No guarantee of results

Advertising results depend on many things outside our control, including your products, offer, prices, location, opening hours, staff, customer service and reviews, your competition, the season, market conditions, and the auctions, algorithms and policies of advertising platforms.

Any estimate, forecast, benchmark, industry average, statistic, example or past result that we share, whether on this website, in a proposal, on a call or anywhere else, is for illustration only. It is not a promise or a prediction of your results. Past results do not guarantee future results.

You are responsible for your own business decisions, including how much to spend on advertising. Our fees pay for the work we perform, not for any particular outcome, and are not refundable because results were lower than expected.

5. Advertising platforms

The content and ads we create run on third-party platforms: Facebook and Instagram, which are owned by Meta Platforms, Inc., and TikTok. Each platform has its own terms and advertising policies. You agree to follow them, and they apply in addition to these Terms.

We don’t control these platforms. We are not responsible or liable for:

• ads that are rejected, delayed, limited or removed;
• accounts or pages that are restricted, suspended or banned;
• changes to a platform’s rules, features, targeting options, pricing or measurement;
• inaccurate, delayed or missing platform reporting;
• outages, bugs or technical errors; or
• charges billed by a platform.

We will make reasonable efforts to follow platform rules, including the extra targeting limits that apply to some ad categories, and to help resolve problems when they come up.

Your accounts stay yours

We post and advertise through your own business Page and accounts. You give us partner access, for example through Meta Business Suite or TikTok Business Center. We will never ask for your password. You can remove our access at any time, but removing it may stop us from providing the services, and fees for the current billing period still apply.

6. Ad spend

Advertising costs paid to a platform are called “ad spend”. Presence doesn’t include paid advertising or ad spend. For Enterprise programs, any ad management and ad budget are set out in the proposal.

Ad budget included with Momentum

• Momentum includes up to $1,000 (CAD) of ad spend each billing month. We pay it directly to the platforms, so you don’t receive a separate ad bill for it.
• We decide how to split the included budget between Instagram, Facebook and TikTok based on your goals and results. Some platforms have minimum daily budgets, so we may run ads on one platform at a time.
• Your monthly report shows exactly how much was spent, on which platform, and what it delivered.
• If we spend less than the included amount in a month because of something on our side, the difference carries over to the next month. If ads are paused at your request, because content is waiting for your approval, or because a platform rejects or restricts ads for reasons connected to your business, unspent budget doesn’t carry over and isn’t refunded.
• Unused ad budget has no cash value and isn’t refunded when your plan ends.

Extra ad budget

If you want more reach, you can add ad budget above the included amount. We charge extra budget at cost, with no markup, and only after you approve the amount in writing. You can also choose to pay extra ad spend directly to the platform yourself.

We won’t knowingly spend more than the included amount plus any extra you’ve approved. Platforms may spend somewhat more or less than a daily budget under their own billing rules. Any refund of ad spend is handled by the platform under its own policies.

7. Fees and payment

• Our fees are listed in your proposal or on our website, in Canadian dollars, plus applicable taxes.
• Monthly plans are billed in advance at the start of each billing month.
• Momentum has a one-time setup fee of $750 (CAD), billed with the first month. It covers your ad accounts, tracking and campaign landing page. It is waived for founding partners.
• Fixed projects, such as season campaigns, are billed as set out in the proposal, which may require a deposit before work begins.
• Invoices are due within 7 days unless the invoice says otherwise.
• We do not charge interest on late payments. If an invoice is more than 14 days overdue, we may pause work, and any ads we manage, until it is paid. We may also end the service under section 8.
• You are responsible for any bank or payment fees on your side.
• Prices on our website may change. A change won’t affect a month or project you’ve already paid for, and we’ll give existing monthly clients at least 30 days’ notice by email before a price change takes effect.

Founding partner pricing

The first 5 businesses to sign a service agreement for any monthly plan are founding partners. A founding partner’s monthly plan price stays the same for 12 months from their start date, even if our website prices go up, as long as the plan stays active without a break. Founding partners on Momentum don’t pay the setup fee. The price lock doesn’t cover add-ons, extra ad budget or a change to a different plan. Taking part never requires a testimonial or review. If you’re happy, we may ask for permission to share your real results, and you can say no.

Referral thank-you

If you introduce a business to us and it becomes a client and pays for its first two months, we’ll thank you with $250 (CAD). Clients receive it as a credit on their next invoice. Anyone else receives it by e-transfer. Only the first person to introduce a business qualifies, and referrals of your own business don’t count.

8. Cancellation and refunds

Monthly plans

Monthly plans continue month to month until cancelled. Either of us can cancel with 30 days’ written notice, and email is fine. Fees for the notice period are payable.

Changing plans

You can move to a different plan from the start of your next billing month. Just let us know in writing before that billing month begins.

Season campaigns and fixed projects

You can cancel a fixed project before filming or production starts. We will refund the fees you paid, minus the value of work already done. Once filming or production has started, fees for that project are non-refundable.

When we can end services

We may end services immediately by written notice if you seriously breach these Terms, don’t pay, ask us to do something illegal or misleading, or are abusive toward anyone on our team. If we end a service for any other reason, we will refund prepaid fees for work not yet performed.

When services end

We will stop managing your ads (you can keep running them yourself), hand over the final deliverables you’ve paid for, and ask you to remove our partner access. Sections that by their nature should continue after the end, including sections 4, 7, 13, 16, 18, 19 and 23, will continue.

9. Free pilots

We sometimes offer a free or discounted pilot campaign. Its scope will be agreed in writing. Even when our fee is waived:

• ad spend is not included unless the pilot agreement says so;
• these Terms still apply, including section 4 (No guarantee of results); and
• neither of us has to continue working together after the pilot.

10. Your responsibilities

You agree to:

• give us accurate and complete information about your business, products, prices and offers;
• make sure everything you ask us to advertise is truthful, legal and available, and honour every offer and price we advertise for you;
• hold any licences, registrations or approvals your business needs, and be able to support any regulated claims, such as health, medical, dental, financial or legal claims;
• have permission to use any materials you give us, such as logos, photos, footage, music and customer testimonials;
• respond to approval requests and questions within a reasonable time, because delays on your side may delay the work; and
• follow the terms and policies of the advertising platforms you use.

You are responsible for your products and services and for how you deliver them to your customers.

11. Approvals and accuracy

We will send you scripts, translations and videos to approve before they run. When you approve content, you confirm that the claims in it are true, that you can back them up, and that you are satisfied with the translation.

We are not responsible for errors in content you approved. A native speaker reviews our translations, but language has nuance. If you or your customers spot a problem after launch, tell us and we will fix it promptly at no extra charge.

12. People, voices and AI

Anyone who appears on camera or whose voice we record must agree first by signing our written release. We will not film anyone under 18 without written consent from a parent or guardian.

We may use artificial intelligence (AI) tools, including AI voice generation, to help produce voiceovers, translations, subtitles and edits. When we do, we will:

• never create AI-generated faces or fake people and present them as real;
• never create a synthetic copy of a real person’s voice without that person’s written consent;
• label AI-generated or altered content where platform rules or the law require it; and
• never create fake reviews, testimonials, endorsements or results.

When we work with creators or influencers, their posts will be clearly disclosed as paid partnerships or ads, consistent with Ad Standards’ Influencer Marketing Disclosure Guidelines and the Competition Act.

13. Ownership and licences

• Your materials. You keep ownership of your trademarks, logos, content and data. You give us permission to use them as needed to provide the services.
• Final deliverables. Once you have paid in full for a deliverable, you own the final edited videos and ads we deliver to you, and you may use them to promote your business, subject to the third-party terms below.
• Our materials. We keep ownership of our raw footage, project files, templates, methods, tools and know-how, and of anything we created before or outside your project. If you want raw footage or project files, ask us. We may provide them for a fee.
• Third-party elements. Some deliverables include licensed music, stock footage, fonts, AI voice outputs or other third-party material. These are licensed, not sold, and you may use them only within their licence terms. For example, music may be licensed only for a specific ad or platform. We will tell you about any important limits.
• Before payment. Until you have paid in full, you may use deliverables only in campaigns we manage for you, and we may pause ads that use them if fees are unpaid.

14. Portfolio and case studies

We will not publish your name, results or videos in our portfolio, case studies, website or social media without your permission. If you give permission, we will use only real and accurate numbers. You can withdraw permission for future use at any time by emailing us.

15. Confidentiality

Each of us will keep the other’s confidential information private and use it only for the services. This does not cover information that is public, that the other side already knew, that was developed independently, or that must be disclosed by law. This obligation continues for 2 years after our services end.

16. Privacy and customer data

Our Privacy Policy explains how we handle personal information.

When our ads collect information from your customers, such as WhatsApp messages, lead forms or offer redemptions, that information belongs to your business. We use it only to run your campaigns and report to you, following your instructions.

You are responsible for your own obligations under Canadian privacy and anti-spam laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and Canada’s Anti-Spam Legislation (CASL). For example, you need consent before sending marketing messages to people who contact you.

17. Limitation of liability

18. Indemnity

You agree to defend us and to cover our losses, including reasonable legal costs, if someone else brings a claim against us arising from:

• your products, services, offers or prices;
• content, materials, claims or instructions you provided or approved;
• your breach of these Terms, a platform’s terms or the law; or
• how you handle your customers’ personal information.

19. Warranties

We will perform our services with reasonable care and skill. Apart from that, and to the extent the law allows, our services and this website are provided “as is”, without any other warranties or conditions, express or implied, including any implied warranty or condition of fitness for a particular purpose.

20. Events outside our control

Neither of us is responsible for delays or failures caused by events outside our reasonable control, such as platform outages or policy changes, internet or power failures, illness, severe weather, natural disasters, government action or emergencies. This does not excuse payment of fees for work already performed.

21. Using this website

• The content on this website is general information about our services. It is not legal, financial or business advice.
• Statistics on this website come from the sources named beside them. They describe markets in general, not your business.
• We may change the website at any time, and we don’t promise it will always be available or free of errors.
• Links to other websites are for convenience. We are not responsible for their content.
• You may not misuse the website, for example by trying to break its security, sending spam or false inquiries, or copying its content to pass off as your own.

22. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in Ontario.

If a dispute comes up, we will both first try in good faith to resolve it by talking for at least 30 days. If it isn’t resolved, it will be decided by the courts of Ontario, and both of us accept their jurisdiction. Claims within the monetary limit of the Ontario Small Claims Court may be brought there.

23. General terms

• Relationship. We are independent businesses. Nothing in these Terms creates a partnership, employment or agency relationship.
• Entire agreement. These Terms, your proposal or service agreement, and our Privacy Policy are the whole agreement between us about our services.
• Severability. If any part of these Terms is found unenforceable, the rest still applies, and the unenforceable part is limited to the minimum extent necessary.
• No waiver. If we don’t enforce a term right away, we haven’t given up the right to enforce it later.
• Transfer. You may not transfer your rights under these Terms without our written consent. We may transfer them to a business that takes over our services, and we will tell you if we do.
• Notices and approvals. We may send notices to the email address you gave us. Approvals, notices and agreements by email or electronic signature are binding.
• Language. These Terms are written in English. If we provide a translation, the English version applies if they differ.

24. Changes to these Terms

We may update these Terms. The date at the top of this page shows the latest version. Changes apply to new work from the date they are posted. For existing monthly plans, we will email you at least 30 days before a significant change takes effect. If you don’t agree with a change, you can cancel before it takes effect.

25. Contact

Questions about these Terms? Email info@commonwealthmarketing.ca.