Terms & Conditions

Terms & Conditions

Terms & Conditions

Powerhouse Internet Marketing, Inc.(“Powerhouse”) provides a range of marketing products and services for small and medium-sized businesses (the “Marketing Services”). The Order Form (the “Order Form”) sets forth which Marketing Services are being purchased by the client who signed the Order Form (“you” or “Client”), the costs for such Marketing Services, and other relevant details. These Online Marketing Services Terms and Conditions (“Marketing Services Terms”) are incorporated by reference into and made a part of any Order Form submitted to Powerhouse and govern the relationship between you and Powerhouse. All Order Forms are subject to acceptance by Powerhouse, in its sole discretion. The Order Form, the Marketing Services Terms, and the documents and/or links referenced in such documents are together referred to as the “Agreement.”

If you are accepting on behalf of your employer or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such legal entity to this Agreement, (ii) you have read and understand this Agreement and (iii) you agree, on behalf of the Client, to this Agreement.

1. Marketing Services – The Marketing Services include, but are not limited to, the following products:

  • International Level SEO
  • Local/Small Business SEO
  • Google AdWords Management
  • Conversion Rate Optimization
  • Facebook and Twitter Advertising
  • Website Design and Development
  • Shopping Cart Development
  • Sales Funnel Development
  • Sales Copy-Writing
  • Email Automation

2. Fees

  • Identification of Fees – You agree to pay the amounts set forth in the Order Form in accordance with Section 3 or as may be further explained in the Product Terms (the “Fees”). The Fees are generally divided into product fees, service fees and set-up fees. Product fees are the recurring fees that you will be charged for the specific product you have purchased as shown on the Order Form. Service fees are for the delivery of any premium services that Powerhouse may, from time to time, offer. Set-up fees are one-time fees for the set-up of campaigns or other services, including, but not limited to, publisher set-up, keyword generation, proxy creation, phone tracking set-up, creative services, and website set-up. Powerhouse reserves the right to change any of the Fees at any time, provided that such chang es will not take effect until a new Order Form has been executed and delivered to Powerhouse by you.
  • No Pass – Through Obligations. You are not entitled to any credits, discounts, rebates, refunds provid ed to Powerhouse by its third-party publisher partners (the “Publishers”).
  • Promotional Credits – If Powerhouse offers any special promotions that provide you with credits or other incentives in connection with purchasing Marketing Services (the “Promotional Credits”), and you cancel one or more of the Marketing Services prior to completion of the Initial Term (other than for cause, as set forth below), then in addition to any other cancellation penalties you may be subject to, you will be required to repay to Powerhouse the full amount of the Promotional Credit(s).

3. Payment Terms

  • General: Once an Order Form has been accepted by Powerhouse, you will be responsible for payment in full of all Fees, except as may otherwise be provided in Section 4(c) hereof. The Fees shown are not inclusive of sales, goods and services, use or similar taxes which may be applicable. If applicable, sales, use and similar taxes shall be your sole responsibility and may be assessed on the invoice. Please note that the sales tax shown on an Order Form is only an estimate. The actual amount of sales tax will be de termined at the time that payment is made. All payments are due in Canadian dollars.
  • Manner of Payment: You shall pay for all amounts payable under this Agreement either by credit card (the “Client Card”), ACH (electronic debit from your bank account) or such other form of payment as Powerhouse may, in its sole discretion, permit. You will be required to agree to the applicable payment authorization form(s), which also permit Powerhouse to recover any Promotional Credits (as set forth above) and collect any Cancellation Fees (as defined below) in the authorized manner. With Power house’s prior approval, under certain circumstances you may pay by check. In the case of payment through ACH, no amounts owing are considered paid until the electronic debit has been received by Powerhouse’s bank.
  • Timing of Payment: Fees, as identified on the Order Form, are due in advance of each Cycle as more fully described in the Product Terms. If there are Set-Up Fees (as set forth on the Order Form), such Fees shall be paid in advance together with all amounts owed for the first Cycle. Powerhouse shall have the right to charge the Client Card or debit from your account through ACH for Fees in accordance with these Marketing Services Terms and the Product Terms. You understand and acknowledge that all amounts owed must be paid in advance and that, in addition to being in breach of your contractual obli gations, your campaign or service may be paused or terminated if timely payment is not received.

4. Term/Termination

  • Term: The Agreement shall commence upon execution of an Order Form and, unless otherwise pro vided in the Product Terms, shall continue until all Marketing Services under Order Forms have been completed or cancelled in accordance with the terms of this Agreement.
  • Cancellation: (i) Unless otherwise provided in the Product Terms, you may cancel any Marketing Ser vice at any time and for any reason by calling 1-888-306-8259 (“Cancellation Notice”), and unless you pay the Cancellation Fee (as described below), such cancellation will be effective as of the later of (a) completion of the initial number of Cycles set forth on the Order Form (the “Initial Term”) or (b) comple tion of one full Cycle after submission of the Cancellation Notice (for example if you give the Cancella tion Notice while you are in the middle of 6th Cycle, the termination will be effective after completion (and payment) through and including the 7th Cycle). (ii) Powerhouse may terminate at any time for any reason on written notice to you (which may be provided by email)..
  • Cancellation Fee: If you wish to cancel any Marketing Service immediately (without having to com plete the Initial Term (as set forth on the Order Form) or the one Cycle notice period (as set forth above), unless otherwise provided in the Product Terms, you may do so, but you will have to pay a cancellation fee equal to 50% of any unpaid portion of such Marketing Service’s term (the “Cancellation Fee”).

Last updated on April 14, 2015