Terms & Conditions
Terms and Conditions
Funky Cat Digital Marketing
Last Updated: August 7, 2025
1. Acceptance of Terms
By accessing and using the Funky Cat Digital Marketing website and services, you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.
2. Use License
Permission is granted to temporarily download one copy of the materials on Funky Cat Digital Marketing'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:
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modify or copy the materials
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use the materials for any commercial purpose or for any public display (commercial or non-commercial)
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attempt to decompile or reverse engineer any software contained on our website
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remove any copyright or other proprietary notations from the materials
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Funky Cat Digital Marketing at any time.
3. Eligibility and Account Registration
Who May Use Our Services:
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Individuals 18 years of age or older
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Businesses and organizations with legal capacity to enter contracts
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Users who provide accurate, current, and complete information during registration
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Users who comply with all applicable laws and regulations
Account Responsibilities: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Services Offered
Funky Cat Digital Marketing provides digital marketing services including but not limited to:
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Content creation and strategy
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Analytics and reporting
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Newsletter writing and email marketing
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Brand packaging and design
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AI agent development and implementation
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Digital marketing consulting
Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We may also impose limits on certain features or restrict access to parts or all of our services without notice or liability.
5. Payment Terms
Accepted Payment Methods:
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Credit/debit cards (Visa, MasterCard, American Express)
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PayPal
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Bank transfers (for larger projects)
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Other payment methods as agreed upon in writing
Payment Terms:
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Payment terms will be specified in individual service agreements or invoices
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Late payments may incur additional fees as specified in your service agreement
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All fees are non-refundable unless otherwise specified in writing
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Prices are subject to change with 30 days notice
6. Intellectual Property Rights
Our Intellectual Property: All content, features, and functionality on this website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Funky Cat Digital Marketing and are protected by copyright, trademark, and other intellectual property laws.
Client Work Product:
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Upon full payment, clients receive specified usage rights to deliverables as outlined in individual service agreements
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Funky Cat Digital Marketing retains the right to use work samples for portfolio and marketing purposes unless otherwise agreed in writing
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Any pre-existing intellectual property or proprietary methods remain the property of Funky Cat Digital Marketing
Client-Provided Content: Clients warrant that any content, images, or materials provided to us do not infringe on third-party rights and grant us necessary licenses to use such materials in providing our services.
7. Warranties and Disclaimers
Limited Warranty: We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. Our sole liability for breach of this warranty is to re-perform the defective services.
Disclaimer: EXCEPT AS EXPRESSLY STATED HEREIN, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not guarantee specific results from our marketing services, as outcomes depend on numerous factors beyond our control.
8. Account Suspension and Termination
We reserve the right to suspend or terminate your account and access to our services, with or without notice, for any of the following reasons:
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Violation of these Terms and Conditions
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Fraudulent, abusive, or illegal activity
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Non-payment of fees
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Providing false or misleading information
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Breach of any service agreement
Upon termination, your right to use our services ceases immediately, though payment obligations for services already provided remain in effect.
9. Limitation of Liability
In no event shall Funky Cat Digital Marketing be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of our services.
Our total liability to you for all claims arising from or related to our services shall not exceed the amount you paid us in the twelve months preceding the claim.
10. Confidentiality
We respect the confidentiality of client information and will not disclose confidential information except:
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With your written consent
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As required by law
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To our employees and contractors who need access to provide services (under confidentiality obligations)
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In aggregated, anonymized form for business analytics
11. User-Generated Content
If you submit content to our website (reviews, comments, etc.), you grant us a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, and display such content. You represent that you own or have necessary rights to such content.
12. Third-Party Services
Our services may integrate with or rely on third-party platforms and tools. We are not responsible for the availability, functionality, or terms of service of third-party providers.
13. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of [YOUR PROVINCE/STATE] and [YOUR COUNTRY], without regard to conflict of law principles.
14. Dispute Resolution
Any disputes arising from these terms or our services shall be resolved through:
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Good faith negotiation
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Binding arbitration if negotiation fails
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Legal proceedings in the courts of [YOUR JURISDICTION]
15. Force Majeure
We shall not be liable for any failure or delay in performance under these terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.
16. Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
17. Entire Agreement
These Terms and Conditions, together with any service agreements or proposals, constitute the entire agreement between you and Funky Cat Digital Marketing regarding the use of our services.
18. Amendments
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on our website. Continued use of our services after changes constitutes acceptance of the new terms.
19. Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Funky Cat Digital Marketing
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Email: kim@funkycatdm.ca
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Phone: 250-265-8275
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Address: Nakusp, BC
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Website: www.funkycatdm.ca
These Terms and Conditions were last updated on August 7, 2025 Please review this page periodically for changes.