Terms and conditions

TERMS AND CONDITIONS OF SERVICE AGREEMENT INVICTA EDGE MARKETING

Effective Date: January 3rd, 2019
Last Updated: June 1st, 2025

This Terms and Conditions of Service Agreement (the “Agreement”) is entered into between you (“Client”, “User”, or “You”) and Invicta Edge Marketing (“Invicta Edge”, “Company”, “we”, “us”, or “our”), a business registered and operating in the Province of Alberta, Canada. By accessing our website [www.invictaedge.com] (the “Site”), engaging with our content, or utilizing any of our services (the “Services”), you acknowledge that you have read, understood, and agree to be legally bound by the terms set forth herein.

1. DEFINITIONS

1.1. “Services” shall mean any branding, website design, marketing, consulting, advertising, content creation, automation, or strategic support provided by Invicta Edge to the Client.
1.2. “Deliverables” refers to any tangible or digital outputs created during the course of the project or retainer engagement.
1.3. “Client Materials” means all data, content, logos, trademarks, or proprietary information provided by the Client for use in connection with the Services.
1.4. “Agreement” refers to this Terms and Conditions document, along with any proposal, scope of work, quote, or service-level agreement executed in writing between the parties.

2. SCOPE OF SERVICES

2.1. The Company shall provide the Services to the Client as outlined in a mutually accepted proposal, invoice, or service package.
2.2. Specific deliverables, timelines, and fees will be itemized in a separate scope of work or service agreement.
2.3. Invicta Edge reserves the right to subcontract any portion of the work to qualified third parties or independent contractors.

3. PAYMENT TERMS

3.1. All fees shall be due and payable in accordance with the terms outlined in the project proposal or invoice.
3.2. Unless otherwise specified, 50% of project-based fees shall be paid upfront as a non-refundable deposit. The remaining 50% shall be due prior to final delivery.
3.3. Monthly retainers shall be billed in advance on a recurring basis.
3.4. Late payments may incur interest at a rate of 2% per month, or the maximum rate allowed by law, whichever is lower.
3.5. All amounts are listed in Canadian Dollars (CAD), exclusive of applicable taxes.

4. REFUND POLICY

4.1. Due to the custom and creative nature of marketing and design services, all sales are final, and no refunds shall be issued for work performed or initiated.
4.2. In the event of termination prior to project completion, the Client shall be invoiced for all work performed to date, including non-refundable deposits.

5. INTELLECTUAL PROPERTY

5.1. Unless otherwise agreed in writing, all original content, copy, graphics, design materials, and creative assets developed by Invicta Edge remain the sole intellectual property of the Company until payment in full is received.
5.2. Upon full payment, the Client shall receive a non-exclusive, royalty-free, non-transferable license to use the Deliverables solely for their business purposes.
5.3. Invicta Edge retains the right to display completed projects in its portfolio, marketing materials, or case studies, unless the Client requests a non-disclosure agreement (NDA) prior to project initiation.
5.4. Client Materials provided by the Client remain the property of the Client. The Client represents that they have all necessary rights to grant Invicta Edge the right to use such materials in connection with the Services.

6. CLIENT RESPONSIBILITIES

6.1. The Client agrees to cooperate in good faith with Invicta Edge and to provide all requested content, access credentials, approvals, and feedback in a timely manner.
6.2. Delays in Client feedback, access, or payment may result in project delays or rescheduling without liability to Invicta Edge.
6.3. The Client is responsible for reviewing deliverables and notifying Invicta Edge of any required revisions or errors within five (5) business days of delivery.

7. THIRD-PARTY SERVICES

7.1. The Company may integrate or recommend the use of third-party platforms such as Google, Facebook (Meta), Showit, HoneyBook, Canva, HighLevel CRM, or other software and hosting providers.
7.2. The Client’s use of third-party services is governed by the terms and conditions of those services. Invicta Edge makes no warranty regarding their performance or reliability.
7.3. Invicta Edge shall not be liable for damages, downtime, or data loss resulting from third-party tools or platforms.

8. CONFIDENTIALITY

8.1. Each party agrees to treat all non-public business, technical, and financial information received from the other party as confidential and to not disclose such information to any third party without written consent, except as required by law.
8.2. Confidentiality obligations shall survive termination of this Agreement.

9. LIMITATION OF LIABILITY

9.1. Under no circumstances shall Invicta Edge be liable to the Client or any third party for any indirect, incidental, consequential, special, or exemplary damages (including but not limited to lost profits or business interruption) arising out of or in connection with the Services or this Agreement.
9.2. The Company’s total liability under this Agreement shall not exceed the total amount paid by the Client in the three (3) months preceding the claim.

10. INDEMNIFICATION

10.1. The Client agrees to indemnify, defend, and hold harmless Invicta Edge, its employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of:

• (a) Client’s misuse of the Services or Deliverables;
   
• (b) Violation of any third-party rights, including intellectual property or data protection rights;
   
• (c) Breach of any provision of this Agreement.
   

11. TERMINATION

11.1. Either party may terminate the Agreement for convenience upon thirty (30) days’ written notice.
11.2. Either party may terminate this Agreement for cause in the event of a material breach by the other party, provided written notice is given and such breach is not cured within ten (10) business days.
11.3. Upon termination, all outstanding payments shall become immediately due and payable.

12. GOVERNING LAW & JURISDICTION

12.1. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the applicable laws of Canada.
12.2. Any disputes or legal proceedings arising out of this Agreement shall be exclusively subject to the jurisdiction of the courts located in Alberta.

13. MODIFICATIONS

13.1. Invicta Edge reserves the right to update or modify these Terms at any time. Changes will be effective upon posting on the Site.
13.2. Continued use of the Site or Services following such changes constitutes acceptance of the revised Terms.

14. ENTIRE AGREEMENT

14.1. This Agreement constitutes the entire understanding between the parties and supersedes all prior proposals, communications, and agreements, whether oral or written, related to the subject matter herein.

15. CONTACT INFORMATION

Questions or concerns about these Terms & Conditions may be directed to:

Invicta Edge Marketing
Email: marketing@invictaedge.com
Website: www.invictaedge.com