Terms of Service
Effective Date: January 1, 2024 | Last Updated: April 1, 2025 | Governing Law: Nova Scotia, Canada
IMPORTANT: Please read these Terms of Service carefully before using buzzbronco.com or engaging our services. By accessing the Website or purchasing any service, you agree to be bound by these Terms. If you do not agree, do not use this Website or our services.
1. Parties and Scope
These Terms of Service (“Terms”) are entered into by and between you (“User”, “Client”, or “you”) and BuzzBronco (“Company”, “we”, “us”, or “our”), a business operating under the laws of the Province of Nova Scotia, Canada.
These Terms govern: (a) your access to and use of buzzbronco.com (the “Website”); and (b) any services, deliverables, or digital products purchased from or provided by the Company (“Services”). These Terms apply to all visitors, registered users, and paying clients, whether accessing as a guest or authenticated user.
By accessing the Website or purchasing Services, you represent that you are at least 18 years of age, have the legal capacity to enter into a binding contract, and agree to be bound by these Terms and all policies incorporated by reference, including our Privacy Policy and Cancellation and Refund Policy.
2. Definitions
- “Website”: means buzzbronco.com and all subdomains, pages, and content thereon.
- “Services”: means any work, deliverables, consulting, creative production, marketing, or digital services provided by the Company.
- “Content”: means all text, graphics, images, videos, audio, code, designs, and other materials on the Website or provided as part of the Services.
- “User Content”: means any content, data, or materials submitted, uploaded, or communicated by you through the Website.
- “Agreement”: means the statement of work, proposal, contract, or purchase order between you and the Company governing specific Services, which incorporates these Terms by reference.
- “Personal Information”: has the meaning given to it under applicable Canadian privacy legislation, including PIPEDA or any successor statute.
3. Services
3.1 Description
The Company provides marketing, creative, and digital services as described on the Website and as further specified in any Agreement between the parties. The scope, deliverables, timelines, and pricing for specific Services shall be governed by the applicable Agreement, which shall take precedence over these Terms in the event of a conflict relating to those specific Services.
3.2 Changes to Services
The Company reserves the right to modify, suspend, or discontinue any Services or Website features at any time, with or without notice. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services, except as may be set out in an Agreement.
3.3 Service Standards
The Company will perform Services with reasonable skill and care in accordance with the specifications set out in the applicable Agreement. The Company does not guarantee any specific outcome, result, or level of performance beyond what is expressly stated in a written Agreement signed by both parties.
4. User Rights and Responsibilities
4.1 Permitted Use
You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Website for lawful purposes in accordance with these Terms. This licence does not include any right to sublicense, sell, or commercially exploit the Website or its Content.
4.2 Prohibited Uses
You agree not to use the Website or Services to:
- Violate any applicable local, provincial, federal, or international law or regulation;
- Infringe the intellectual property rights of the Company or any third party;
- Transmit any content that is defamatory, obscene, harassing, threatening, abusive, or otherwise objectionable;
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
- Engage in unauthorized data collection, scraping, crawling, or harvesting of any content or data from the Website;
- Use automated scripts, bots, or other tools to access, interact with, or extract data from the Website;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Website;
- Introduce viruses, malware, or other harmful code into the Website;
- Attempt to gain unauthorized access to any part of the Website, its servers, or any database connected to the Website;
- Conduct any activity that could damage, disable, overburden, or impair the Website or interfere with other users’ access;
- Use the Website or Services for any unlawful purpose, including money laundering, fraud, or other criminal activity;
- Solicit or advertise goods or services for commercial purposes without prior written consent from the Company.
4.3 Account Responsibilities
If you register an account on the Website, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify the Company immediately at info@buzzbronco.com if you suspect any unauthorized use of your account. The Company is not liable for any loss or damage resulting from your failure to safeguard your account credentials.
4.4 User Content
By submitting, posting, or transmitting User Content through the Website, you grant the Company a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display such User Content solely for the purpose of operating and providing the Website and Services. You represent and warrant that you own or have all necessary rights to submit such User Content and that it does not infringe any third-party rights or applicable law.
5. Intellectual Property
5.1 Company Ownership
All Content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, video, software, and the compilation thereof, is the exclusive property of the Company or its licensors and is protected by Canadian copyright law, trademark law, and other applicable intellectual property laws, including those of the European Union where applicable.
The BuzzBronco name, logo, and all related marks, product names, and service names are trademarks of the Company. No portion of the Website or its Content may be reproduced, distributed, modified, publicly displayed, republished, or transmitted in any form or by any means without the prior written consent of the Company.
5.2 Deliverables and Work Product
Unless expressly stated otherwise in a written Agreement, all intellectual property rights in deliverables created by the Company as part of the Services — including but not limited to designs, copy, code, strategies, and creative assets — remain the property of the Company until full payment of the agreed fees has been received. Upon receipt of full payment, the Company grants the Client a non-exclusive licence (or such other rights as may be specified in the Agreement) to use the deliverables for the purposes set out in the Agreement.
5.3 Feedback
Any feedback, suggestions, or ideas you submit to the Company regarding the Website or Services may be used by the Company without restriction or compensation to you. Such submissions do not constitute a transfer of intellectual property rights.
5.4 Copyright Infringement
If you believe that any Content on the Website infringes your copyright, please contact us at info@buzzbronco.com with: (a) a description of the allegedly infringing work; (b) the URL or other location of the allegedly infringing material; (c) your contact information; and (d) a statement of good faith belief and authority. We will investigate and respond within a reasonable time.
6. Payment Terms
Unless otherwise specified in the applicable Agreement, the following payment terms apply to all Services:
- Deposit: A non-refundable deposit of 50% of the total agreed fee is due upon execution of the Agreement or commencement of the engagement, whichever is earlier.
- Balance: The remaining 50% of the total agreed fee is due upon delivery of final deliverables or as otherwise specified in the Agreement.
- Currency: All fees are quoted and payable in Canadian dollars (CAD) unless otherwise stated in the Agreement.
- Late Payment: Invoices unpaid beyond 30 days from the due date may be subject to interest at a rate of 2% per month (24% per annum) on the outstanding balance, or the maximum rate permitted by applicable law, whichever is lower.
- Taxes: All fees are exclusive of applicable taxes, including GST/HST and any applicable provincial sales taxes, which shall be added to invoices as required by law.
The Company reserves the right to suspend or terminate Services for non-payment. Amounts owing that are referred to a collection agency or legal counsel for recovery shall be subject to an additional administration fee.
7. Cancellation and Refund Policy
This section summarizes the Company’s cancellation and refund policy. The full policy is available at buzzbronco.com/refund-cancellation/ and is incorporated into these Terms by reference. In the event of any conflict, the more specific terms of the standalone Cancellation and Refund Policy shall govern.
7.1 General Cancellation Terms
To be eligible for a refund, a Client must submit a written cancellation request to info@buzzbronco.com no later than 24 hours before the agreed commencement date of the work, unless a different period is specified in the applicable Agreement.
Cancellations submitted after this deadline will result in forfeiture of the 50% upfront deposit. Cancellations submitted after commencement of work will not be eligible for any refund, and the full agreed fee becomes due and payable regardless of whether deliverables have been completed or delivered.
7.2 Rush Orders
For rush orders where work is to commence within 24 hours of signing the Agreement, the 50% upfront payment is non-refundable upon cancellation by the Client for any reason.
7.3 EU and UK Consumer Rights
If you are a consumer resident in the European Union or the United Kingdom, you may have statutory rights under the Consumer Rights Directive 2011/83/EU and/or applicable national implementing legislation, including a right of withdrawal of up to 14 days from the date of the Agreement, provided that no Services have yet commenced. By expressly requesting that Services commence within the 14-day cooling-off period, you acknowledge that your right of withdrawal is lost upon commencement. The Company will confirm this in writing before commencing any Services at your request within the withdrawal period.
7.4 Refund Processing
Where a valid refund is approved, refunds will be processed within 10 business days through the original payment method, less any applicable administration fees as specified in the Cancellation and Refund Policy. The Company does not refund payment processing or third-party platform fees.
8. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Company does not warrant that: (a) the Website will be uninterrupted, timely, secure, or error-free; (b) any defects will be corrected; (c) the Website or the servers that make it available are free of viruses or other harmful components; or (d) the results obtained from using the Website or Services will meet your requirements or expectations.
Nothing in these Terms excludes or limits any warranty or right that cannot lawfully be excluded or limited under applicable law, including the Consumer Protection Act (Nova Scotia) or the Consumer Rights Directive (EU).
9. Limitation of Liability
9.1 Exclusion of Certain Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.2 Cap on Liability
To the fullest extent permitted by applicable law, the Company’s total aggregate liability to you for any claim arising out of or in connection with these Terms, the Website, or the Services shall not exceed the greater of: (a) the total fees paid by you to the Company in the 12 months preceding the event giving rise to the claim; or (b) CAD $100.00.
9.3 Exceptions
Nothing in these Terms shall limit or exclude the Company’s liability for: (a) death or personal injury caused by the Company’s negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot lawfully be limited or excluded under applicable law in Nova Scotia, Canada, or, where applicable, under the laws of an EU member state.
9.4 Basis of the Bargain
The parties acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk and are an essential basis of the bargain between the parties. The Company would not have entered into these Terms or provided Services in the absence of these limitations.
10. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Website or Services; (c) your User Content; (d) your violation of any third-party right, including any intellectual property or privacy right; or (e) any claim that your User Content caused damage to a third party.
This indemnification obligation survives the termination of these Terms and your use of the Website.
11. Privacy and Data Protection
11.1 Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference and available at buzzbronco.com/privacy-policy/. By using the Website, you consent to the practices described in the Privacy Policy.
11.2 Canadian Privacy Law
The Company collects and processes personal information in accordance with applicable Canadian privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and any successor legislation that may come into force, including the Consumer Privacy Protection Act (if and when enacted).
11.3 GDPR (EU and UK Users)
If you access the Website from the European Union or the United Kingdom, the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable national implementing legislation may apply to the processing of your personal data. The Company’s privacy practices for EU and UK users are described in the Privacy Policy, including the legal bases for processing, your rights of access, rectification, erasure, restriction, portability, and objection, and how to exercise those rights.
11.4 Cookies
The Website uses cookies and similar tracking technologies as described in our Privacy Policy. By continuing to use the Website, you consent to the use of cookies in accordance with our Cookie Policy, which forms part of the Privacy Policy. EU and UK users will be presented with a cookie consent banner upon their first visit, and may withdraw consent at any time.
12. Electronic Communications
By using the Website or communicating with us electronically, you consent to receive electronic communications from the Company, including via email. You agree that all agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by the Electronic Commerce Act (Nova Scotia) and applicable federal law.
Electronic communications, including email, do not by themselves create a contractual or business relationship between you and the Company. The Company will take reasonable steps to protect the confidentiality of electronic communications but cannot guarantee security and may be required to disclose communications pursuant to a court order or applicable law.
All email marketing communications sent by the Company will comply with the Canadian Anti-Spam Legislation (CASL). You may withdraw consent to receive marketing emails at any time by clicking the unsubscribe link in any marketing email or by contacting us at info@buzzbronco.com.
13. User Communications and Community Features
If the Website includes forums, comment sections, chat features, or other community or interactive features (collectively, “Community Features”), the following terms apply:
- You are solely responsible for any content you post, upload, or transmit through Community Features.
- You agree not to post content that is defamatory, abusive, harassing, threatening, obscene, indecent, unlawful, or that infringes any third-party right.
- You agree not to use Community Features to collect personal information about other users without their express consent.
- The Company has no obligation to monitor Community Features but reserves the right, in its sole discretion, to review, edit, or remove any content and to terminate your access to Community Features at any time without notice.
- The Company may disclose information about you to comply with applicable law, a court order, or a request from a governmental authority.
14. Third-Party Links and Content
The Website may contain links to third-party websites, services, or content that are not owned or controlled by the Company. These links are provided for your convenience only. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.
The inclusion of any link does not imply endorsement by the Company of the linked website or its operator. You access third-party websites at your own risk and subject to the terms and conditions and privacy policies of those websites. The Company encourages you to review the privacy policy of every website you visit.
15. Changes to These Terms
The Company reserves the right to modify these Terms at any time in its sole discretion. Changes will be effective immediately upon posting to the Website, with the “Last Updated” date revised accordingly. For material changes, the Company will use reasonable efforts to provide notice, which may include posting a notice on the Website’s homepage or sending an email to registered users.
Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of the Website and Services.
16. Term and Termination
These Terms remain in effect for as long as you use the Website or maintain an account with the Company. The Company may, at its sole discretion and without prior notice, terminate or suspend your access to the Website or any Services for any reason, including if the Company believes you have violated these Terms.
Upon termination: (a) your licence to use the Website and any materials provided under these Terms immediately ceases; (b) all amounts owing to the Company become immediately due and payable; and (c) Sections 5 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), 17 (Governing Law), and 18 (General Provisions) shall survive termination.
17. Governing Law and Dispute Resolution
17.1 Governing Law
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof (“Dispute”) shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to any conflict-of-law principles.
17.2 Jurisdiction
Subject to Section 17.3, you irrevocably submit to the exclusive jurisdiction of the courts of the Province of Nova Scotia for the resolution of any Dispute. You waive any objection to the laying of venue of any Dispute in the courts of Nova Scotia and any objection that such courts are an inconvenient forum.
17.3 EU and UK Consumer Rights
Nothing in this Section 17 limits any rights you may have as a consumer under the mandatory consumer protection laws of your country of residence if you are located in the European Union or the United Kingdom. EU consumers may also be entitled to access the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr/.
17.4 Informal Dispute Resolution
Before commencing any legal proceeding, you agree to contact the Company at info@buzzbronco.com and make a good-faith effort to resolve any Dispute informally within 30 days of providing written notice of the Dispute. This does not limit either party’s right to seek injunctive or other equitable relief for intellectual property violations or urgent matters.
18. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, Cancellation and Refund Policy, and any applicable Agreement, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings.
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
- Waiver: No failure or delay by the Company in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. Any waiver must be in writing and signed by an authorized representative of the Company.
- Force Majeure: The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, civil unrest, telecommunications failures, governmental action, or power outages. The Company will notify you as soon as reasonably practicable and will resume performance when circumstances permit.
- Assignment: You may not assign or transfer any rights or obligations under these Terms without the prior written consent of the Company. The Company may assign these Terms or any rights hereunder without your consent in connection with a merger, acquisition, or sale of substantially all of its assets.
- No Partnership: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and the Company.
- Headings: Section headings are for convenience only and shall not affect the interpretation of these Terms.
- Language: These Terms are drafted in English. If translated, the English version shall prevail in the event of any inconsistency.
19. Accessibility
The Company is committed to making the Website accessible to users of all abilities in accordance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, the European Accessibility Act, the Accessible Canada Act, and EN 301 549. The Company’s full Accessibility Statement is available at buzzbronco.com/accessibility_statement/.
If you experience any accessibility barriers, please contact us at info@buzzbronco.com. The Company aims to respond to accessibility-related requests within 10 business days.
20. Contact Information
If you have any questions, concerns, or requests regarding these Terms or the Services, please contact us at info@buzzbronco.com.
Effective Date: January 1, 2024
Last Updated: April 1, 2025