Terms and Conditions

1. Introduction

Welcome to MOAJ Digital Marketing Inc. (“MOAJ,” “we,” “us,” or “our”). These Terms and Conditions govern your access to and use of moajdigital.com (the “Website”) and the digital marketing services we provide.

MOAJ Digital Marketing Inc. is located at 23 Hollowgrove Blvd, Brampton, Ontario, L6P 1B1, Canada.

Our services include growth marketing, AI marketing automation, conversion rate optimization, and e-commerce marketing, along with related strategy, campaign management, testing, analytics, and reporting services.

By using our Website, contacting our team about our services, or entering into a service agreement with us, you agree to the terms that apply to your use or engagement. If you do not agree with these Terms, please do not use the Website or proceed with the applicable services.

A separate proposal, statement of work, order form, or signed agreement may contain additional terms for a specific project. Where those documents conflict with these Terms, the signed or expressly accepted project agreement will take priority for that project, unless it states otherwise or applicable law requires a different result.

2. Definitions

For these Terms:

“Client,” “you,” or “your” means any individual or organization that uses our Website, contacts us, or purchases or receives our services.

“Services” means the marketing, consulting, automation, optimization, advertising, reporting, and related services that MOAJ agrees to provide.

“Client Materials” means information, content, images, videos, logos, data, account credentials, customer lists, and other materials supplied or made available by you.

“Third-Party Platforms” means external services and tools used in connection with our work, including advertising networks, social media platforms, analytics systems, e-commerce platforms, CRM systems, and AI tools.

“Project Agreement” means a proposal, statement of work, order form, service agreement, or other written document accepted by both parties that describes the applicable services and commercial terms.

3. Eligibility and Authority

You must be legally capable of entering into a binding agreement to purchase our services or use the Website.

If you act on behalf of a company or another organization, you confirm that you have the authority to bind that organization to these Terms and any applicable Project Agreement.

You agree to provide accurate information when contacting us, requesting a proposal, opening an account, or engaging our services.

4. Scope of Services

MOAJ provides digital marketing services based on the requirements, deliverables, timelines, and fees agreed upon with each client.

Our services may include:

• Growth marketing strategy and campaign management.
• Paid advertising and marketing channel coordination.
• AI-assisted marketing automation and workflow development.
• Lead follow-up, lead scoring, and customer messaging workflows.
• Conversion rate optimization and website testing.
• E-commerce marketing and customer retention campaigns.
• Campaign analytics, performance reporting, and recommendations.

Not every service is included in every engagement. The applicable Project Agreement will define the work MOAJ is responsible for completing.

Unless expressly included in writing, our services do not automatically include website development, software licensing, advertising spend, third-party subscriptions, professional legal advice, tax advice, or other specialist services.

5. Proposals and Project Agreements

Before work begins, MOAJ may provide a proposal or Project Agreement describing the scope of work, deliverables, fees, payment schedule, estimated timelines, client responsibilities, and other relevant conditions.

You are responsible for reviewing the agreement before accepting it.

Any material change to the agreed scope, deliverables, timeline, or fees must be approved by both parties in writing. Email approval may be sufficient where the parties use email to manage the engagement and applicable law permits it.

If a request falls outside the agreed scope, MOAJ may provide a separate estimate or change request. We are not required to begin additional work until the revised terms have been accepted.

6. Client Responsibilities

Our work depends on receiving accurate information, timely decisions, and appropriate access from you.

You agree to:

• Provide accurate information about your business, products, services, audience, pricing, and marketing goals.
• Supply the materials and account access reasonably required for the agreed work.
• Ensure you have the necessary rights and permissions to provide Client Materials.
• Review drafts, campaigns, automation workflows, and recommendations within agreed timeframes.
• Approve advertising budgets, campaign settings, public-facing claims, and material changes before launch where approval is required.
• Identify legal, regulatory, brand, or industry restrictions that apply to your business.
• Maintain appropriate access controls and protect your account credentials.
• Respond to reasonable requests for information or decisions needed to keep the project moving.

MOAJ may rely on information you provide without independently verifying every statement or document. We may ask for clarification if information appears incomplete, inconsistent, or unsuitable for the intended use.

Delays caused by missing information, late approvals, unavailable accounts, or other client-side issues may affect the delivery schedule. We will communicate material delays and discuss reasonable adjustments where appropriate.

7. Approvals and Campaign Launches

Depending on the Project Agreement, you may need to approve campaign copy, creative assets, audience settings, targeting, budgets, landing pages, automated messages, or other materials before they go live.

You are responsible for checking approved materials for factual accuracy, pricing, product availability, promotional terms, required disclosures, and compliance with rules specific to your business.

MOAJ will not knowingly launch work that requires your approval before receiving it. However, if your agreement expressly authorizes MOAJ to publish or launch specified materials without separate approval, we may act within that authorization.

Once a campaign or automation is live, you should promptly report any error, unexpected message, incorrect price, or other material issue you identify.

8. Growth Marketing Services

Growth marketing may involve planning, managing, and evaluating multiple channels, including search, paid media, content, email, and customer lifecycle campaigns.

MOAJ will perform the work described in the Project Agreement and may recommend changes based on campaign data, testing, market conditions, or available resources.

Channel performance depends on many factors outside our control, including competition, demand, pricing, website performance, sales processes, and the accuracy of tracking systems.

We do not guarantee a specific number of leads, customers, sales, revenue, return on advertising spend, or other commercial outcome.

9. AI Marketing Automation

MOAJ may use automation software and AI-assisted tools to help research, organize information, draft content, evaluate campaign data, route leads, support customer messaging, or perform other agreed tasks.

AI and automation systems can produce incomplete, inaccurate, outdated, biased, or unsuitable outputs. Human review may be included in our workflow, but the level of review will depend on the service and scope agreed with you.

Unless expressly agreed in writing, MOAJ does not guarantee that every AI-generated output will be error-free or suitable for every intended use.

You remain responsible for decisions about your products, customers, offers, business policies, and customer commitments. Where automated systems send messages, score leads, or take other actions affecting your customers, you are responsible for confirming that the intended workflow is appropriate for your business and complies with applicable requirements.

You must not provide sensitive personal information, confidential information, or other restricted data to an AI tool unless the use is authorized, appropriate safeguards are in place, and the relevant agreement permits it.

MOAJ will not knowingly submit your confidential or personal information to an AI service in a manner that conflicts with applicable law or the data-handling commitments expressly agreed with you. Where a third-party AI provider processes information, its own terms and data practices may also apply.

10. Conversion Rate Optimization

Conversion rate optimization (“CRO”) may include reviewing website behavior, analyzing available data, identifying barriers, testing page layouts or messages, improving forms, and evaluating checkout experiences.

Testing methods may include A/B tests, usability reviews, analytics analysis, or other methods suited to the project.

Results can vary because of traffic levels, sample size, seasonality, audience differences, technical limitations, and changes in customer behavior.

A test may produce a positive, negative, or inconclusive result.

MOAJ does not guarantee a particular conversion rate, revenue increase, reduction in cart abandonment, or other improvement unless an expressly written agreement provides otherwise.

You are responsible for ensuring that changes to your website, checkout, pricing, disclosures, and customer experience meet your business and legal requirements.

11. E-Commerce Marketing

E-commerce services may include acquisition campaigns, product promotion, customer retention, cart recovery, lifecycle messaging, and store performance analysis.

You are responsible for the accuracy of product descriptions, prices, inventory, shipping terms, refund policies, warranties, tax treatment, and other information displayed to customers.

MOAJ does not control product quality, stock availability, fulfilment, payment processing, shipping providers, or customer service unless a separate written agreement expressly assigns a specific responsibility to us.

We cannot guarantee sales volume, average order value, repeat purchases, or profitability.

12. Advertising Budgets and Media Spend

MOAJ’s service fees are separate from advertising budgets and other amounts payable to third-party platforms, unless your Project Agreement expressly states otherwise.

Advertising spend may be paid directly by you to the relevant platform or handled through another arrangement expressly agreed in writing.

You are responsible for ensuring that sufficient funds or valid payment methods are available for approved campaigns. You must authorize the budget and material spending limits before campaigns are launched.

MOAJ will manage budgets within the authority granted under the Project Agreement. We are not responsible for charges imposed directly by a third-party platform, including taxes, currency conversion, platform fees, or charges resulting from settings or account actions outside our control.

If a campaign exceeds an approved budget due to an error attributable to MOAJ, the parties will review the circumstances and applicable agreement to determine an appropriate resolution. Nothing in these Terms excludes liability that cannot lawfully be excluded.

13. Reporting, Analytics, and Tracking

MOAJ may use analytics tools, advertising dashboards, tracking pixels, conversion APIs, tags, and other measurement systems to evaluate marketing activity.

Reports and recommendations will rely on the information available from the relevant systems. That information may be delayed, incomplete, estimated, modelled, or affected by attribution rules, consent settings, browser restrictions, technical errors, and platform reporting changes.

Different platforms may report different results for the same campaign. Reported conversions or attributed revenue may not represent additional sales caused solely by a campaign.

Unless included in the Project Agreement, MOAJ is not responsible for independent financial audits, verification of your revenue records, or certification of third-party analytics data.

You are responsible for providing accurate business and sales data where required for reporting and for ensuring that website tracking and data collection are properly authorized. MOAJ will implement tracking changes only within the agreed scope and permissions.

14. Third-Party Platforms and Services

Our work may depend on external services, including advertising networks, search engines, social media platforms, CRM systems, analytics tools, e-commerce providers, hosting services, and AI platforms.

These services are governed by their own terms, policies, availability, and technical requirements. You may need to accept those terms or maintain your own account or subscription.

MOAJ does not own or control third-party platforms and cannot guarantee their availability, continued features, pricing, approval decisions, security, or performance.

A platform may reject ads, restrict targeting, change reporting methods, suspend an account, remove content, or modify its policies. MOAJ may assist with troubleshooting or appeals where included in the agreed scope, but cannot guarantee a particular outcome.

We are not responsible for third-party failures or decisions to the extent they are outside our reasonable control. This does not exclude responsibility for losses caused by MOAJ’s own breach of contract, negligence, or other conduct where liability cannot lawfully be excluded.

15. Advertising Rules and Client Claims

You are responsible for ensuring that your products, services, offers, and business practices comply with the laws and industry requirements that apply to you.

This includes, where relevant, rules governing advertising claims, pricing, discounts, testimonials, endorsements, influencer marketing, privacy, consumer protection, email marketing, accessibility, and regulated products or services.

You must not ask MOAJ to publish content that is false, misleading, unlawful, infringing, deceptive, or unsupported by reasonable evidence.

You are responsible for the accuracy and substantiation of claims about your products, results, qualifications, certifications, guarantees, and customer outcomes. MOAJ may request supporting evidence or decline to publish material that presents a legal, ethical, or platform-policy concern.

MOAJ’s marketing services are not a substitute for legal, accounting, tax, financial, or regulatory advice.

16. Email Marketing and Automated Communications

Where email, SMS, or other customer messaging is part of a project, you are responsible for providing lawful contact lists, documenting the necessary permissions, and supplying accurate sender information and business disclosures.

You must not provide purchased, scraped, or otherwise unlawfully obtained contact lists for marketing use.

The parties must agree on who is responsible for consent records, unsubscribe handling, suppression lists, message content, and related compliance tasks. MOAJ’s responsibilities will be limited to those expressly included in the Project Agreement.

Commercial electronic messages sent in or to Canada may be subject to Canada’s Anti-Spam Legislation (“CASL”). You remain responsible for your business’s compliance except to the extent a specific obligation is expressly assigned to MOAJ in writing. Each party remains responsible for its own legal obligations.

17. Fees, Invoicing, and Payment

The fees, billing frequency, payment deadlines, applicable taxes, and payment method will be stated in the Project Agreement or invoice.

Unless otherwise agreed in writing:

• Fees are payable in the currency stated in the applicable agreement or invoice.
• Applicable taxes will be added where required by law.
• Recurring services are billed according to the agreed billing cycle.
• Project-based work may require a deposit or milestone payments.
• Additional work outside the agreed scope may incur additional fees after approval.

You agree to pay undisputed invoices by the stated due date. If you believe an invoice contains an error, you should notify MOAJ promptly and explain the issue. The parties will work in good faith to resolve the dispute.

You may not withhold unrelated, undisputed payments solely because another part of the engagement is in dispute.

18. Late Payments and Suspension

If an invoice remains unpaid after its due date, MOAJ may provide written notice requesting payment.

Where permitted by the Project Agreement and applicable law, we may pause work, delay deliverables, or suspend campaign management if an overdue amount remains unpaid after reasonable notice.

Any interest or late-payment charge must be expressly stated in the applicable agreement and must be lawful.

You remain responsible for third-party charges, advertising spend, or subscription costs incurred under an approved arrangement, even if MOAJ pauses its own services.

A payment dispute will not automatically entitle either party to disregard its other contractual obligations.

19. Changes to Scope and Timelines

A change to the agreed work may affect the fees, resources, and delivery dates.

MOAJ will explain material scope changes and, where appropriate, provide a revised estimate or schedule. We will not charge for additional services merely because we recommended them; the applicable change must be approved where approval is required.

Estimated delivery dates are based on the information and access available when the estimate is made. They may change if you request revisions, delay approvals, change project requirements, or if a third-party dependency causes a delay.

We will make reasonable efforts to communicate significant changes that affect the project.

20. Intellectual Property

Each party retains ownership of intellectual property it owned or developed independently before the engagement.

Unless a Project Agreement states otherwise, Client Materials remain your property. You grant MOAJ a limited, non-exclusive right to use, reproduce, adapt, and process those materials only as reasonably necessary to provide the agreed services.

Subject to full payment of all applicable fees and any third-party licensing restrictions, MOAJ assigns to you the rights it owns in final, client-specific deliverables expressly identified for transfer in the Project Agreement.

The transfer does not automatically include:

• MOAJ’s pre-existing materials, methods, templates, processes, know-how, or internal tools.
• General skills, experience, and techniques retained by MOAJ.
• Third-party software, stock assets, fonts, music, plugins, or other materials governed by separate licences.
• Drafts, unused concepts, working files, or source files not expressly included in the agreed deliverables.
• Tools or components that MOAJ is not legally entitled to assign.

Where a deliverable includes MOAJ-owned material that is necessary for you to use the transferred deliverable, MOAJ grants you a non-exclusive licence to use that material as part of the deliverable for your business purposes, subject to any applicable third-party restrictions.

Third-party materials remain subject to their own licence terms. We will identify material restrictions where reasonably known and relevant to the agreed work.

21. Website Content and Marketing Materials

MOAJ may prepare or edit ad copy, landing-page content, email messages, product descriptions, images, videos, graphics, and other marketing materials.

You are responsible for reviewing final materials for factual accuracy, product details, prices, offers, required disclosures, and suitability for your business before approval or publication.

If you supply content or instruct MOAJ to use particular claims, images, testimonials, trademarks, or other materials, you confirm that you have the necessary rights and permissions to use them for the intended purpose.

MOAJ may refuse to use materials that reasonably appear to infringe third-party rights, violate applicable law, or breach platform rules.

22. AI-Generated and Third-Party Content

Some deliverables may be created with assistance from AI systems, licensed resources, or third-party tools.

AI-generated material may not be unique, accurate, protectable by intellectual property rights, or suitable for every commercial use. MOAJ does not warrant that AI-assisted content will qualify for copyright protection or be free from similarities to material produced for others.

Where human review or editing is included, it will be performed according to the agreed scope. You remain responsible for the final business use of content you approve, including checking factual claims and obtaining any necessary legal or specialist review.

Any use of third-party materials is subject to the relevant licence or usage restrictions.

23. Confidentiality

Each party may receive confidential information from the other during an engagement. Confidential information may include business plans, pricing, customer information, campaign data, credentials, financial information, and non-public technical or operational details.

The receiving party agrees to:

• Use confidential information only for the purposes of the engagement.
• Take reasonable steps to protect it from unauthorized access or disclosure.
• Share it only with personnel and service providers who need it for the agreed work and who are subject to appropriate confidentiality obligations.
• Return, delete, or securely dispose of it when reasonably requested, subject to legal, security, backup, and recordkeeping requirements.

Confidentiality obligations do not apply to information that the receiving party can demonstrate is public through no breach, was already lawfully known, was independently developed, or was lawfully received from another source without a confidentiality restriction.

A party may disclose information where required by law or a valid legal process, subject to any legally permitted notice requirements.

24. Privacy and Personal Information

Each party will comply with the privacy and data protection laws applicable to its activities.

MOAJ may collect and use information submitted through the Website or during a business relationship as described in its Privacy Policy.

Where MOAJ processes personal information on your behalf, the parties will establish appropriate instructions, safeguards, and responsibilities for that processing. A separate data processing agreement may be required depending on the nature of the data and applicable law.

You are responsible for ensuring that personal information supplied to MOAJ has been collected and may be used lawfully for the agreed purpose. You must provide any required notices and obtain any required consent before asking MOAJ to use personal information for marketing, analytics, automation, or other activities.

Neither party may use personal information for an unrelated purpose merely because it has access to that information.

Nothing in these Terms replaces a separate data processing agreement or overrides mandatory privacy obligations.

25. Account Access and Security

You may need to grant MOAJ access to advertising accounts, analytics tools, websites, social media accounts, CRM systems, or other platforms.

Where possible, you should grant access through role-based permissions rather than sharing personal passwords. You remain responsible for maintaining appropriate account ownership, administrator access, recovery methods, and security controls.

MOAJ will use granted access only for authorized work. You must notify us promptly if you believe access has been compromised or if our permissions should be changed or revoked.

You remain responsible for actions taken by your personnel and other users with access to your accounts, except to the extent a loss results from conduct for which MOAJ is legally responsible.

26. Performance and No Guarantee of Results

MOAJ aims to provide thoughtful strategy, careful execution, useful reporting, and ongoing improvement within the agreed scope.

However, digital marketing outcomes depend on factors that neither party can fully control, including market demand, competition, platform algorithms, ad approval decisions, product pricing, sales follow-up, website functionality, budget, customer behaviour, and changes in technology.

Unless a specific outcome is expressly guaranteed in a written agreement signed by an authorized MOAJ representative, we do not promise:

• A minimum number of leads, sales, customers, or enquiries.
• A particular ranking in search results.
• A specific conversion rate or return on advertising spend.
• A guaranteed revenue, profit, or cost-per-acquisition result.
• Approval or uninterrupted delivery of advertisements.
• A particular level of organic traffic or social engagement.

Forecasts, estimates, projections, and recommendations are planning tools, not promises of future performance.

27. Website Use

You may use the Website for lawful purposes and to learn about MOAJ and its services.

You agree not to:

• Use the Website in violation of applicable law.
• Attempt unauthorized access to the Website, its systems, or related accounts.
• Interfere with the Website’s operation, security, or availability.
• Upload malicious code or use the Website to distribute harmful material.
• Copy, scrape, reproduce, or commercially exploit Website content except as permitted by law or with our written permission.
• Misrepresent your identity or submit information you know to be false.

We may restrict access to the Website where reasonably necessary to protect its security, users, or operations.

28. Website Information and Availability

We aim to keep Website information accurate and current, but we do not guarantee that every page, article, service description, or other item will always be complete, current, or free from errors.

Website content is provided for general information. It does not form a binding offer to provide a specific service unless expressly stated.

We may update, suspend, or remove Website features or content. We do not guarantee uninterrupted access or that the Website will always be compatible with every device, browser, or system.

These limitations do not exclude rights or remedies that cannot lawfully be excluded.

29. Third-Party Links and Resources

The Website or our materials may link to external websites, platforms, software, or resources.

These links are provided for convenience or to support the relevant service. MOAJ does not control all third-party content, policies, availability, or security and is not responsible for them merely because a link is provided.

Your use of a third-party service is subject to its own terms and policies. You should review those terms before creating an account, sharing information, or making a purchase.

30. Portfolio and Publicity

MOAJ may wish to identify clients or display completed work in its portfolio, case studies, presentations, or marketing materials.

We will obtain your permission before publicly identifying you as a client or disclosing confidential project information, unless the information is already public or disclosure is otherwise authorized by law or agreement.

If you approve a case study or portfolio entry, the permitted content and duration of use may be documented separately. You may request that future use stop, subject to any existing agreement and any reasonable limitations relating to material already distributed or published.

We will not invent performance results, endorsements, or testimonials and attribute them to you.

31. Suspension of Services

MOAJ may suspend some or all services where reasonably necessary if:

• You materially breach these Terms or a Project Agreement.
• An invoice remains overdue after any required notice.
• Your instructions or materials appear unlawful, deceptive, unsafe, or infringing.
• Required account access is withdrawn, or a platform prevents the agreed work.
• Continuing the work would create a material security, legal, or platform-policy risk.

Where practical and legally permitted, we will provide notice and an opportunity to address the issue before suspending services.

A suspension does not automatically cancel outstanding payment obligations for work already performed or approved third-party costs already incurred.

32. Termination

Either party may terminate a project or ongoing engagement in accordance with the notice period and conditions set out in the applicable Project Agreement.

If no termination procedure has been agreed, either party may give written notice requesting termination. The parties will discuss an orderly end to the engagement, including the status of ongoing work, outstanding fees, access to accounts, and any third-party commitments.

Either party may terminate an engagement by written notice if the other party materially breaches the agreement and fails to remedy the breach within a reasonable period after receiving written notice, where the breach can be remedied.

A party may terminate immediately where permitted by law if the breach is incapable of remedy or continued performance would be unlawful.

33. Effects of Termination

When an engagement ends:

• MOAJ will stop performing the terminated services, subject to any agreed transition work.
• You must pay outstanding fees for services performed and approved costs incurred up to the effective termination date, subject to the Project Agreement and applicable law.
• Any prepaid fees for services not yet performed will be handled according to the Project Agreement and applicable law.
• Each party will return or securely dispose of the other party’s confidential information when reasonably requested, subject to lawful retention requirements.
• Account access and permissions should be reviewed and updated.
• Rights and obligations that by their nature should continue will remain in effect, including applicable payment obligations, confidentiality, intellectual property provisions, liability limitations, and dispute-resolution terms.

MOAJ may charge for transition assistance or additional work only where the applicable agreement permits it, or the parties agree to the charge.

34. Cancellations, Refunds, and Consumer Rights

Cancellation rights, notice periods, deposits, refunds, and charges will be governed by the Project Agreement and applicable law.

Where services have already been performed, the parties will account for the work completed and costs properly incurred, subject to any applicable statutory rights.

MOAJ does not apply a blanket rule that all payments are non-refundable in every circumstance. Any non-refundable deposit, cancellation charge, or early termination fee must be disclosed in the applicable agreement and must be lawful.

If you qualify as a consumer under applicable law, mandatory consumer rights and remedies remain unaffected by these Terms. Nothing here is intended to waive a right that cannot lawfully be waived.

35. Warranties and Disclaimers

MOAJ will provide its services in accordance with the applicable Project Agreement and any standards required by law.

Except for express commitments in a Project Agreement and warranties or conditions that cannot lawfully be excluded, the Website and general marketing information are provided without additional guarantees, whether express or implied.

To the extent permitted by law, MOAJ does not warrant that the Website will always be available, that third-party platforms will operate without interruption, or that marketing activity will produce a particular commercial result.

Nothing in this section limits any statutory protection, warranty, or remedy that must apply under applicable law.

36. Limitation of Liability

To the maximum extent permitted by applicable law, neither party will be liable to the other for indirect, incidental, special, exemplary, or consequential losses arising from the engagement, including loss of anticipated profits, revenue, business opportunities, goodwill, or expected savings, where such losses are legally excludable.

To the maximum extent permitted by law, MOAJ’s total aggregate liability arising out of or relating to a particular Project Agreement will not exceed the fees paid or payable to MOAJ under that Project Agreement during the 12 months immediately before the event giving rise to the claim.

This limit does not apply to liability that cannot lawfully be limited or excluded. It also does not apply to any liability that the parties expressly agree in writing cannot be limited under the applicable Project Agreement.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, or other liability where exclusion or limitation is prohibited by law.

The parties acknowledge that the allocation of risk in this section is intended to reflect the nature and fees of the services. If a limitation is found unenforceable, it will apply to the maximum extent permitted by law.

37. Indemnification

To the extent permitted by law, you agree to indemnify MOAJ against third-party claims, losses, and reasonable legal expenses to the extent they arise from:

• Client Materials or instructions that infringe another person’s rights or violate applicable law.
• False, misleading, or unsupported claims you provide or require us to publish.
• Your unlawful use of marketing lists, customer information, or personal data.
• Your products, services, fulfilment practices, or customer commitments, except to the extent a claim results from MOAJ’s own conduct for which it is legally responsible.
• Your material breach of these Terms or the applicable Project Agreement.

MOAJ will give you reasonable notice of a claim for which it seeks indemnification, where legally permitted, and reasonable cooperation in responding to it. You may not settle a claim in a way that imposes liability or obligations on MOAJ without our written consent.

This section does not require you to indemnify MOAJ for losses caused by MOAJ’s own breach, negligence, wilful misconduct, or other conduct for which indemnification would be unlawful.

38. Force Majeure

Neither party will be responsible for a delay or failure to perform to the extent it is caused by circumstances beyond its reasonable control, such as natural disasters, widespread outages, war, civil unrest, government action, labour disruptions, or major failures of third-party infrastructure.

The affected party will notify the other party when reasonably practicable and take reasonable steps to reduce the impact.

This section does not excuse payment obligations for services already performed or costs already incurred, and it does not override any mandatory legal rights.

39. Dispute Resolution

If a dispute arises, the parties agree to make a reasonable effort to resolve it through good-faith discussions.

A party raising a dispute should provide written notice describing the issue and the resolution sought. The parties will attempt to resolve the matter through authorized representatives before starting court proceedings, except where urgent relief is reasonably required, or a legal deadline requires earlier action.

Nothing in this section prevents a party from contacting a regulator, exercising a statutory right, or pursuing a remedy that cannot lawfully be restricted by contract.

40. Governing Law and Jurisdiction

These Terms and any dispute arising from them will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Subject to mandatory consumer protections and any other non-waivable legal requirements, the parties submit to the jurisdiction of the courts located in Ontario, Canada.

Nothing in this section prevents a consumer from exercising a right to bring a claim in another forum where applicable law requires or permits it.

41. Changes to These Terms

MOAJ may update these Terms from time to time to reflect changes in our services, Website, business practices, or legal requirements.

The updated version will be posted on the Website with a revised “Last Updated” date. Changes to these Website Terms will generally apply from the stated effective date for future use of the Website.

Changes to an existing Project Agreement will require the consent or amendment process specified in that agreement or required by law. We will not use a Website update alone to override an existing signed agreement where your consent is required.

Your continued use of the Website after updated Website Terms take effect indicates acceptance of the revised terms to the extent permitted by law.

42. Electronic Communications and Signatures

You agree that MOAJ may communicate with you electronically regarding enquiries, proposals, invoices, project updates, approvals, and other business matters.

Where permitted by applicable law, electronic records and signatures may be used to form or document an agreement. An email approval or electronic acceptance may be binding where it clearly demonstrates the parties’ intention to agree and satisfies applicable legal requirements.

You are responsible for keeping your contact details current and checking communications related to your engagement.

43. Notices

Formal notices under these Terms should be sent to the email address or physical address designated in the applicable Project Agreement.

If no project-specific contact is provided, notices to MOAJ may be sent to:

MOAJ Digital Marketing Inc.
23 Hollowgrove Blvd
Brampton, Ontario L6P 1B1
Canada
Email: info@moajdigital.com

A notice will be treated as received in accordance with the applicable agreement and law. The parties should retain a record of material notices and approvals.

44. General Provisions

Entire agreement. These Terms, together with the applicable Project Agreement and any expressly incorporated policies or documents, form the agreement between the parties concerning the subject matter they cover.

Severability. If a provision is found invalid or unenforceable, it will be limited or removed only to the extent necessary. The remaining provisions will continue to apply where legally possible.

No waiver. A failure or delay in enforcing a provision does not automatically waive the right to enforce it later.

Assignment. Neither party may assign a Project Agreement in a way that materially affects the other party’s rights without consent, except where the agreement permits it or the assignment is otherwise lawful. MOAJ may use qualified subcontractors or service providers to perform parts of the Services while remaining responsible for its obligations under the applicable agreement.

Independent contractor. MOAJ acts as an independent contractor. These Terms do not create a partnership, joint venture, employment relationship, or agency relationship beyond any authority expressly agreed in writing.

No third-party beneficiaries. Except where expressly stated or required by law, these Terms do not give a third party a right to enforce them.

Order of precedence. If these Terms conflict with a signed Project Agreement, the Project Agreement will govern the specific project to the extent of the conflict, subject to mandatory law.

Survival. Provisions that are intended by their nature to continue after termination will remain effective, including relevant payment, confidentiality, intellectual property, privacy, liability, indemnity, and dispute-resolution obligations.

45. Contact MOAJ Digital Marketing Inc.

If you have questions about these Terms and Conditions or our services, contact:

MOAJ Digital Marketing Inc.
23 Hollowgrove Blvd
Brampton, Ontario L6P 1B1
Canada
Website: https://moajdigital.com
Email: info@moajdigital.com