Terms of Use

Welcome to our website (www.lynxmarketingagency.com). Lynx Marketing Agency is an online service designed to help businesses grow their online presence by providing digital content and marketing services. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern this website’s relationship with you in relation to this website.

The term us or we refers to the owner of the website.

The term you refers to the user or viewer of our website.

USER AGREEMENT

Please read through this User Agreement (“Agreement”) before accessing, using or Lynx Marketing Agency or before selecting the “I AGREE” button associated with Lynx Marketing Agency services.

By accessing, browsing or using Lynx Marketing Agency or clicking on “I AGREE,” you, on behalf of yourself or your entity, as applicable, agree that:

• i. You have read and understand all of the terms of this Agreement;
• ii. You agree to be bound by all of the terms of this Agreement;
• iii. This Agreement is the legal equivalent of a written and signed contract between You and Lynx Marketing Agency; and
• iv. If accessing, browsing or using Lynx Marketing Agency on behalf of an entity, you have full authority to bind Your entity to all of the terms of this Agreement.

If you cannot be bound or are not willing to be bound by this Agreement, then do not select the “I Agree” button associated with this Agreement or access, browse, or use Lynx Marketing Agency. Lynx Marketing Agency does not grant you any right or license to access, browse or use the Lynx Marketing Agency website without your express consent to abide by the terms of this Agreement. 

Age

You must be at least 18 years of age to use Lynx Marketing Agency’s website and any Content or Licensed Content.

Disclaimer 

The materials on Lynx Marketing Agency’s website are provided “as is”. Lynx Marketing Agency makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Lynx Marketing Agency does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Client Portal Account: As a client, you’ll be given access to our client portal (operated on AgencyHandy) for project communication, file sharing, approvals, and billing. You’re responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access to your account.

Newsletter Subscription / Email Opt-in to List

We use a double opt-in process to add interested website visitors to our email list — confirming, then reconfirming, that you want to receive our newsletters and promotional emails. This is in alignment with Canada’s Anti-Spam Legislation (CASL) as well as applicable US law where relevant to our clients. All newsletter and promotional emails include the option to unsubscribe. We are not liable for damages arising in connection with the subscription service offered on this website, and you agree to hold harmless, protect, and defend Lynx Marketing Agency and its subcontractors from any claim or suit arising from use of our subscription services.

Copyright Complaints
Lynx Marketing Agency (LMA) respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to info@lynxmarketingagency.com. We respond quickly to the concerns of rights owners about any alleged infringement.

GOOGLE ADS & LOCAL SEO SERVICES TERMS 

Lynx Marketing Agency (LMA) provides Google Ads and Local SEO services on a local basis, built around your clinic’s specific service area. As part of these services, we may submit or manage information on your behalf with Google and relevant local business and health directories, and you agree to be bound by the terms and conditions of those platforms. LMA will not share your information with any business other than in the course of delivering these services on your behalf.

Advertising Material: LMA has the right to place information about your clinic on Google and relevant directories, and you authorize LMA to develop content based on information or material you provide — including copy, images, business details, logos, and testimonials — for this purpose. You represent that all material and information you provide to LMA is truthful, accurate, and that you have the right to authorize its use. If contracted for this service, you authorize LMA to contact your patients for the sole purpose of requesting reviews of your services for publication, provided such contact and any resulting testimonial complies with applicable patient privacy and consent requirements — LMA will not request or publish a patient testimonial without your confirmation that the patient has consented to it. Blog content, service page content, and any other written material will be sent for your approval before publishing; content will be considered approved one week after being sent unless you request edits.

You authorize LMA to use call tracking numbers and, where contracted, to record calls for quality and service purposes, with automatic notification to all incoming callers when this service is active.

Healthcare Advertising Compliance: You acknowledge that Google applies specific advertising policies to healthcare-related businesses, which may include a healthcare advertiser certification requirement depending on the services being promoted. You agree to provide accurate information about your credentials, licensing, and services as needed to support this certification process, and you acknowledge that LMA does not control, and cannot guarantee, the outcome or timeline of Google’s review or certification process.

No Guarantees: You acknowledge and agree that LMA makes no specific guarantee or warranty regarding Google or any directory to which it submits information or advertising on your behalf, including placement of paid search advertising, local search rankings, or any specific results. LMA does not warrant the number of calls, clicks, impressions, or website visits that paid search advertising will appear in response to any particular query, or that your Google Business Profile will achieve or maintain any specific ranking. LMA does not warrant that performance will be error-free but will act promptly to correct errors once identified.

Fees: You agree to pay Lynx Marketing Agency (LMA) monthly fees to cover the cost of placing and managing your online advertising & marketing services program up to an amount not to exceed what is stated in your most recent Lynx Marketing Agency (LMA) Contract. Lynx Marketing Agency (LMA) may change the maximum monthly fees in accordance with procedures established by Google and relevant local directories from time to time upon notification. All monthly fees are due at the end of each calendar month.

All credit card payments require a 3% processing fee.  If an account becomes 45 days past due, all campaign activities will be paused until payment is made and the account is current.  At 90 days past due, the account is to be handed over to collection.

Lynx Marketing Agency (LMA) has the right to charge incremental media markup fees on any media accounts up to 25% to cover the additional cost of placing media.

Payment: The Client agrees to pay Lynx Marketing Agency (LMA) compensation for the Services agreed upon between the Client and the Company as set out in this agreement and defined in the contract, as applicable. Payments shall be made on the final day of each month for Services rendered by the Company in that month. New contracts that initiate service on any day other than the 1st of the month will be billed a prorated fee for the remaining days in that month. Invoices are delivered on or about the 15^th of each month. Payment by check or credit card is due by the last day of that month (Net 15). Marketing and advertising programs may be paused if payment has not been made by the payment due date; re-initiation fees may apply.

Cancellation: Local SEO and Google Ads services may be cancelled with 30 days’ written notice by email. If cancelled with less than 30 days’ notice, the client remains responsible for the final month’s fee. Payments already made for services rendered are non-refundable, consistent with our Refund and Cancellation Policy.

WEBSITE DESIGN & DEVELOPMENT TERMS

Website, Web Design, Web Development / Plans / Packs / Packages – Terms & Conditions: For Clients purchasing the Website Design Services as contemplated in each of the Web Design Plans mentioned on the respective pages:

Permissions: The client agrees to give access (usernames, passwords, and any other required permissions) to existing or future domain registration, hosting accounts, and affiliated service-providers as needed to accomplish the goals outlined in the written proposal. The client also authorizes Lynx Marketing Agency (LMA) to publicize their completed Website to Web search engines, as well as other Web directories and indexes, if this is included in the scope of the project.

Website Design Services: The Client agrees that Lynx Marketing Agency (LMA) may use open source platforms such as WordPress CMS and third-party applications to build the website and will not be held liable for any faults, loopholes, hacks, spam or any other problem arising due to mismatch, upgrading error with different versions of the CMS & plugins, applications. The Client also agrees and understands that problems arising due to third-party hosting, servers, domain provider or any technical reason or by the act of God are not the fault of Lynx Marketing Agency (LMA) and therefore agrees to hold harmless, protect, and defend Lynx Marketing Agency (LMA) and its subcontractors from any claim or lawsuits.

Completion Date: Lynx Marketing Agency (LMA) agrees to complete website projects within a timeframe agreed upon with the client.

Website Rescue: This cancellation policy applies equally to Website Rescue projects, which follow the same 14-day cancellation window and deposit structure as Website Design & Development, since Rescue is a one-time project rather than a recurring service.

Payment: A 50% deposit is required before any work begins and the remaining payment when website design is approved but before it is launched. The client understands that the final website design belongs to Lynx Marketing Agency (LMA) until all invoices are paid in full. In the event of termination of this Agreement, Lynx Marketing Agency (LMA) owns the website design and has the right to complete, exhibit, and/or sell the website design (not including business name).  Once the final invoice is paid in full, the client has the right to use images of the website design in all media useful for business promotion and Lynx Marketing Agency (LMA)reserves the right to display the website for business promotional use.

Where applicable, project deliverables, content, and approvals will be shared and tracked through the client portal. Deliverables sent for your approval through the portal will be considered approved after the timeframe stated in your project scope (or one week, if unspecified) unless you provide written feedback or requested edits within that window. You’re responsible for regularly checking your portal account or email notifications for pending approvals.

Delinquency: Lynx Marketing Agency (LMA) reserves the right to remove web pages from viewing on the Internet until final payment is made. If case collection proves necessary, the client agrees to pay all fees incurred in that process.

Performance Liability: Lynx Marketing Agency (LMA) does not warrant that the functions supplied by web pages, consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the web pages and website is with the client. In no event will Lynx Marketing Agency (LMA) be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if Lynx Marketing Agency (LMA) has been advised of the possibility of such damages.

Domain Registration: At the Client’s request, Lynx Marketing Agency (LMA) may secure a domain name (www.myname.com | .ca, etc.) on behalf of the Client and it will be free for one(1) year. Should the Client desire a specific domain name that is already owned by another party, then an alternative domain name must be registered. If the Client already has a domain name, Lynx Marketing Agency (LMA) may coordinate redirecting the address to the new hosting server.

Standard Hosting Services: At the Client’s request, Lynx Marketing Agency (LMA) may order an account with a Host Provider on behalf of the Client or the Client may order the account independently. We offer the Client the ability to order this account independently as a way to help the Client control cost. If the Client chooses to have Lynx Marketing Agency (LMA) order an account with a Host Provider, the Client agrees to pay all necessary hosting fees before ordering. If, however, the Client is not an advanced user of the Internet, the Client is encouraged to use the services of Lynx Marketing Agency (LMA) to secure and maintain this account.

Client agrees that LMA is not liable for interruptions, errors, or data loss caused by our client portal provider (AgencyHandy) or any other third-party platform used to deliver services, including issues arising from that platform’s own technical failures, security incidents, or downtime.

SEO Keywords & Pages: LMA does not provide any warranty or guarantee for search engine ranking. Local search ranking depends on a range of factors, including your website’s content relevance, local citation consistency, authentic backlinks, domain age, content consistency, and patient reviews. If you’re looking for a dedicated strategy focused on ranking, our Local SEO services are the right fit — ask us about adding this to your plan.

Copyrights and Trademarks: The Client represents to Lynx Marketing Agency (LMA) and unconditionally guarantees that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork furnished to Lynx Marketing Agency (LMA) via Email, Phone, Internet, On-Paper, in-meeting and otherwise, for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Lynx Marketing Agency (LMA) and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. The client agrees that any content used while developing the website is owned by the client and under no circumstances will Lynx Marketing Agency (LMA) be liable for Client’s Content or the content of any third party, including, but not limited to, for any errors or omissions in the Client’s Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise. Lynx Marketing Agency (LMA) will not be liable for any Copyright Infringements.

Additional Expenses: The client agrees to reimburse Lynx Marketing Agency (LMA) for any critical client-requested expenses necessary for the completion of the development. Examples would be, the purchase of specific fonts; the purchase of specific photography, audio, video; forms; the purchase of specific software; using any third-party plugins; third-party online portals; submittal to specific search engines at the Client’s request.

Abuse: The Client agrees to work together, deal and behave with Lynx Marketing Agency (LMA) professionally. Any kind of repeated pattern of inappropriate, false accusations, harassment, derogatory or threatening speech directed towards the Service Provider, its officers, staff, and contractors will not be tolerated. Lynx Marketing Agency (LMA) has the right to take strict action, legal steps, abiding by the law, and resume the development process and any related Services right away, offering no refund or guarantees to the Client. Lynx Marketing Agency (LMA) has zero tolerance for Clients abusing our Services.

Limited Liability: The Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of Lynx Marketing Agency (LMA). Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy. The Client hereby agrees to indemnify and hold harmless Lynx Marketing Agency (LMA) from any claim resulting from the Client’s publication of material or use of those materials. It is also understood that Lynx Marketing Agency (LMA) will not publish information over the Internet which may be used by another party to harm another. Lynx Marketing Agency (LMA) will also not develop pornographic or illegal software for the Client. Lynx Marketing Agency (LMA) reserves the right to determine what is and what is not suitable.

This also includes making unsubstantiated medical, health, or treatment claims that could violate applicable advertising standards or the advertising guidelines of your professional regulatory college — you remain responsible for the accuracy of any claims about your services, credentials, or outcomes.

Indemnification: The Client agrees that it shall defend, indemnify, save and hold Lynx Marketing Agency (LMA) harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees associated with the Service Provider’s development of the Client’s Services. This includes Liabilities asserted against Lynx Marketing Agency (LMA), its subcontractors, its agents, its clients, servants, officers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees, or assigns. The Client also agrees to defend, indemnify and hold harmless Lynx Marketing Agency (LMA) against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. Under no circumstances, including negligence, shall Lynx Marketing Agency (LMA), its officers, agents or anyone else involved in creating, producing or distributing service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Lynx Marketing Agency (LMA) records, programs or services. Notwithstanding the above, Client’s exclusive remedies for all damages, losses, and causes of action whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Client paid during the term of this contract and any reasonable legal fees and court costs.

Ownership: Copyright to the finished assembled work of Services produced by Lynx Marketing Agency (LMA) and graphics shall be vested with the Client upon final payment for the development. This ownership is to include design, photos, graphics, source code, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this development. All materials developed that are intended for publication to the web remain the property of Lynx Marketing Agency (LMA) until final payment for the development has been tendered by the Client. At this time, all materials become the property of the Client and may be used by them as desired. Should materials described in this agreement be used on the web by the Client before the tender of final payment, then this agreement is breached and appropriate penalties will apply.

Design Credit & Reviews: The Client agrees that Lynx Marketing Agency (LMA) may put a byline on the bottom of their website, establishing design and development credit. The Client also agrees that the website, graphics, video, audio and any development created for the Client will be included in the Service Provider’s portfolio, and the Client will provide a text review, audio or video testimonial when requested by the Service Provider. If any or none of these are acceptable, please inform Lynx Marketing Agency (LMA) beforehand via email or in writing via registered mail.

Nondisclosure: Lynx Marketing Agency (LMA), its employees, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about Lynx Marketing Agency (LMA), including strategies, vision, information mind maps, and training, to another party.

Completion Date & Cancellation: Lynx Marketing Agency (LMA) and the Client must work together to complete the development in a timely manner for both parties to remain profitable. Cancellation of the development at the request of the Client must be made within 2 weeks (14 days) of the purchase. In the event that development is postponed or canceled at the request of the Client after 14 days of purchase, Lynx Marketing Agency (LMA) shall have the right to retain 50% of the total amount invoiced for the service as a deposit and development expenses. In the event this amount is not sufficient to cover Lynx Marketing Agency (LMA) for time and expense already invested in the development, an additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification to stop development. The final payment will be expected under the same terms as listed in this agreement. The Client agrees that once Lynx Marketing Agency (LMA) completes the design and development process, any further work will incur an additional cost that will be estimated and quoted to the Client for further development. Unless the Client is a monthly paid service subscriber with Lynx Marketing Agency (LMA), the Client agrees that Lynx Marketing Agency (LMA) has no legal liability to work further on the completed services and any projects.

Portal Access Upon Termination: Upon termination or completion of services, your access to the client portal may be revoked or downgraded. You are responsible for downloading and retaining copies of any files, invoices, or records you wish to keep prior to account closure. LMA is not obligated to retain or provide access to portal data beyond 30 days after service ends.

Entire Understanding: These terms constitute the sole agreement between Lynx Marketing Agency (LMA) and the Client regarding any development provided by Lynx Marketing Agency (LMA) for the Client. It becomes effective immediately upon engagement of services from Lynx Marketing Agency (LMA) or buying any Services from Lynx Marketing Agency (LMA). It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Lynx Marketing Agency (LMA). Both parties warrant that they have read and understood the terms outlined in this agreement. This agreement is effective for all Clients that Lynx Marketing Agency (LMA) has rendered Services and where the Client has purchased the Services, and for any Client that has any Services with the design credit or byline in the footer mentioning “powered by” or “website designed by” etc. linked to Lynx Marketing Agency (LMA) URL’s.

MONTHLY WEBSITE MAINTENANCE

Monthly Web Updates / Upgrades / Monthly Technical Maintenance / WordPress, WooCommerce, Website Maintenance: For Clients purchasing Monthly Maintenance, the Client agrees to let Lynx Marketing Agency (LMA) update and maintain their website every month. The Client understands agrees and authorize Lynx Marketing Agency (LMA) to make changes to the programming, HTML, PHP, CSS, JQuery, coding, database, feeds, server settings, configurations, DNS, MX, Seo keywords, locations, XML, plugins, widgets, applications, security settings, backup, content and all the other technical and non-technical features necessary to improve the overall exposure and performance of the website.

Monthly Maintenance Guarantee: The Client understands and agrees that web maintenance is done on an open-source content management system such as WordPress and/or Woocommerce, third-party plugin, interface that is saved on a third-party hosting server and failure or success of such updates depends on several factors such as server response time, server bandwidth, internet connection, version compatibility with other plugins, widgets, by act of God; making the monthly maintenance guarantee ineffective and therefore agrees to hold the Maintenance Lynx Marketing Agency (LMA) harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees.

Monthly Paid Subscription Cancellation Policy: Cancellation of any monthly paid subscription plan must be notified thirty (30) days before the cancellation date via email/mail. In the event that updates are postponed or cancelled at the request of the Client by email, the monthly Lynx Marketing Agency (LMA) shall have the right to retain 50% of the original payment as a deposit and maintenance expenses. In the event this amount is not sufficient to cover the maintenance expenses of Lynx Marketing Agency (LMA) for time and expenses already invested in the maintenance, an additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification via email to stop monthly updates. The final payment will be expected under the same terms as listed in this agreement.

Confidentiality of Patient-Related Information: In the course of providing website design, maintenance, or rescue services, LMA staff may incidentally have access to areas of your website containing patient-related information (for example, appointment booking forms or intake form submissions). LMA does not access, collect, store, or use any such information beyond what is strictly necessary to perform the technical work requested, and will treat any such information as strictly confidential. You remain solely responsible for ensuring your website’s collection and handling of patient information complies with applicable healthcare privacy legislation in your province.

UNACCEPTABLE PRACTICES

As LMA works specifically with health and wellness clinics, the following practices are strictly prohibited and may result in immediate termination of services, at LMA’s sole discretion:

• Unsubstantiated, misleading, or exaggerated claims about treatments, outcomes, or health conditions (including “miracle cure” style claims)
• Content or advertising that violates the advertising guidelines of any applicable professional regulatory college or body
• Use of patient testimonials, photos, or stories without documented patient consent
• Disclosure of patient-identifiable health information in any marketing material, website content, or advertising
• Content that is harmful, threatening, defamatory, harassing, or discriminatory
• Illegal activity of any kind, including fraud, phishing, or unauthorized use of another party’s intellectual property
• Distribution of viruses, malware, or other harmful code
• Hacking, cracking, or unauthorized access to any system
• Spamming or unsolicited bulk messaging in violation of applicable law, including CASL
• Any other activity that LMA, at its sole discretion, deems to reflect adversely on LMA or its other clients

Where LMA accepts a contract for services later found to fall within this list, all work performed will still be compensated regardless of subsequent removal or rejection by Google or any other platform.

PRIVACY POLICY

You may find our Privacy Policy here.

REFUND AND CANCELLATION POLICY

You may find our Refund and Cancellation Policy here.

REVISIONS TO THESE TERMS OF AGREEMENT 

Lynx Marketing Agency (LMA) reserves the right to revise, amend, or modify the Terms of this Agreement and other Terms of Use, Privacy Policies and Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms of Agreement.