Last updated: February 18, 2026<\/strong><\/p>\n These General Terms of Service (the \u201cTerms\u201d) constitute a contract between9451-1839 Quebec inc.<\/strong>, doing business under the nameMarkaitek<\/strong>(\u201cMarkaitek\u201d), having its establishment in134 rue de l\u2019Hermitage, Magog (Quebec), Canada<\/strong>, and any customer (\u201cCustomer\u201d).<\/p>\n They apply to professional digital marketing, automation and AI services provided by Markaitek in Canada, the United States and Europe.<\/p>\n Acceptance of a proposal, statement of work (SOW), quote, purchase order, or use of the Services constitutes acceptance of these Terms.<\/p>\n 1.1 \u201cAgreement\u201d: these Terms, together with any SOW\/proposal and any applicable annexes. 2.1 These Conditions are general and apply to all mandates, unless otherwise stipulated in writing. 3.1 Markaitek provides the Services according to usual professional standards. 4.1 Fees are those indicated in the SOW, plus applicable taxes. 5.1 Standard initial duration:12 mois<\/strong>, unless otherwise indicated in the SOW. 6.1 Markaitek may suspend all or part of the Services in the event of non-payment, lack of access, security risk, or material violation of the Contract. 7.1 The Client guarantees the legality of its activities, contents, offers and commercial complaints. 8.1 Unless otherwise agreed, advertising accounts (Google, Meta, LinkedIn, etc.) belong to theClient<\/strong>. 9.1 Each party will protect the confidential information of the other with a level of care that is reasonable and at least equivalent to that applied to its own sensitive information. 10.1 Each party retains its pre-existing rights (methods, tools, models, brands, prior content).1. Definitions<\/h3>\n
1.2 \u201cSOW\u201d: commercial document (proposal, quote, purchase order, statement of work) specifying scope, deliverables, schedule, costs, budgets and specific terms.
1.3 \u201cServices\u201d: services provided by Markaitek according to the SOW.
1.4 \u201cDeliverables\u201d: elements provided to the Client as part of the Services.
1.5 \u201cCustomer Data\u201d: data, content, files, access and information provided by the Customer.
1.6 \u201cSensitive data\u201d: categories referred to in Article 12.
1.7 \u201cBusiness Day\u201d: Monday to Friday, 9:00 a.m. to 5:00 p.m. EST, excluding applicable public holidays in Quebec.<\/p>\n2. Scope and order of priority<\/h3>\n
2.2 Order of priority in case of conflict:
a) these Conditions;
\nb) SOW;
c) technical\/operational annexes.
2.3 Advertising budgets, media caps and allocations are defined solely at the SOW.<\/p>\n3. Services, changes and dependencies<\/h3>\n
3.2 Any request out of scope is subject to a written change order (adjustment of fees\/deadlines).
3.3 Customer must provide required access, content, approvals and resources.
3.4 Customer approval time:7 jours<\/strong>.
3.5 Minimum technical dependencies Customer: provided\/confirmed within7 jours<\/strong>.
3.6 Failing this, the deadlines are extended accordingly, without liability on the part of Markaitek.<\/p>\n4. Prices, taxes, billing and payments<\/h3>\n
4.2 Payment deadline:15 jours<\/strong>following the invoice date.
4.3 Late payment interest:20% per year<\/strong>, calculated daily on the amounts due.
4.4 Payment by card: surcharge of3 %<\/strong>(where permitted by applicable laws).
4.5 Pre-authorized payment (if applicable): in the event of a direct debit failure, payment fees100 CAD<\/strong> s\u2019appliquent.
4.6 Price revision upon renewal: written notice of30 jours<\/strong>.
4.7 Hourly rates out of scope \/ transfer \/ ad hoc requests:
\na) Expert : 175 CAD\/heure<\/strong>;
b) Senior management:250 CAD\/heure<\/strong>.
4.8 Platform, third-party license and media fees may be billed separately according to the SOW.<\/p>\n5. Duration, renewal and end of the Contract<\/h3>\n
5.2 Automatic renewal: successive periods of12 mois<\/strong>, unless notice of non-renewal is given at least30 jours<\/strong>before the deadline.
5.3 Termination for default: either party may terminate in the event of a breach not corrected within a period of30 jours<\/strong>following detailed written notice.
5.4 Termination for convenience by the Customer: written notice of30 jours<\/strong>. The Customer pays:
(a) amounts overdue;
b) non-cancelable third-party commitments;
\nc) 50% of the residual value<\/strong>of the current term.
5.5 Application of art. 2125 C.c.Q. : no global waiver. The parties agree that the amounts in article 5.4 reflect the foreseeable costs, commitments and losses linked to an early termination.
5.6 No flat-rate transition\/ramp-down fee is provided; transition work is billed by time according to article 4.7.<\/p>\n6. Suspension of Services<\/h3>\n
6.2 Except in an emergency, reasonable prior notice is given.
6.3 Suspension does not extinguish payment obligations.<\/p>\n7. Customer Obligations<\/h3>\n
7.2 The Customer remains responsible for his accounts, identifiers and administrator access that he provides.
7.3 The Client obtains the necessary consents and authorizations for its data, campaigns and communications.
7.4 The Client is responsible for the instructions, validations and content it provides.<\/p>\n8. Paid advertising and platforms<\/h3>\n
8.2 The Client provides the required administrator access; he is responsible for the governance of his accounts.
8.3 Markaitek may refuse or suspend a campaign that does not comply with platform policies or applicable laws.
8.4 End of term handoff process: written request at least30 jours<\/strong>before the end of the mandate.
8.5 Transfer\/export activities are invoiced according to article 4.7.<\/p>\n9. Privacy<\/h3>\n
9.2 Use limited to the execution of the Contract.
9.3 Usual exceptions: public information without fault, information already known, information legitimately received from a third party, disclosure required by law\/order of a competent authority.
9.4 Duration: Confidentiality obligations survive for2 ans<\/strong>after the end of the Contract.<\/p>\n10. Intellectual property<\/h3>\n
10.2 Subject to full payment, Markaitek grants the Client a license to use the Deliverables delivered, for its internal\/commercial activities provided for in the SOW.
10.3 Unless expressly stipulated in the SOW, Markaitek’s tools, templates, scripts, frameworks, methodologies and know-how remain its property.
10.4 Third-party elements (software, APIs, plugins, platforms) remain subject to their respective licenses.
10.5 The Customer remains the owner of his Customer Data.<\/p>\n11. Personal data and privacy<\/h3>\n