Terms & Conditions

1.0 Scope of Services

These Terms apply to all services provided by Acorn Studio Marketing, including but not limited to:

• Strategic marketing consulting and advisory services

• Fractional Chief Marketing Officer (CMO) services

• Marketing audits, assessments, and 90-day plans

• Marketing system implementation and CRM setup

• Subscription-based platforms and software access

• Training programs, workshops, templates, and digital products

• Ongoing retainers, support services, and add-on services

• Educational communities, memberships, events, and group programs, including GRWE (Get Ready With Entrepreneurs)

Specific deliverables, timelines, pricing, and service inclusions are outlined in proposals, invoices, checkout pages, onboarding materials, or written agreements (each an "Agreement").

2.0 Acceptance of Terms

By engaging Acorn Studio Marketing, you confirm that:

• You have read and understand these Terms

• You have authority to bind the business you represent

• You agree to comply with all applicable laws and regulations

If you do not agree to these Terms, you may not access or use our services.

3.0 Fees, Billing & Payments

3.1 Fees. All fees are quoted in Canadian dollars unless otherwise stated. Fees may include one-time, recurring, hourly, or milestone-based payments depending on the service.

3.2 Taxes. Fees do not include applicable taxes. GST/HST and any other applicable taxes are added to invoices based on your location.

3.3 Payment Timing. Subscriptions and memberships are billed in advance. Unless otherwise stated in your Agreement, invoices for project, hourly, and consulting work are due within thirty (30) days of the invoice date.

3.4 Late Payments. Acorn Studio Group may charge interest on overdue balances at 1.5% per month (18% per year), calculated from the due date until paid. A fee of $25 may be charged for any returned, reversed, or declined payment. Work may be paused on accounts more than thirty (30) days overdue.

3.5 Payment Methods. Payments are processed via approved third-party payment providers. By providing payment details, you authorize Acorn Studio Group to charge applicable fees in accordance with your selected services.

4.0 Subscriptions & Auto-Renewal

Subscription services (including platform access, memberships, and retainers):

• Are billed on a recurring basis (monthly or annually)

• Automatically renew unless cancelled in accordance with Section 15.0

• Remain active only while payment is current

We will give you at least thirty (30) days' written notice by email before any change to your subscription price takes effect. Changes apply from your next billing cycle after the notice period.

5.0 Project Scope & Change Requests

The scope of each project is defined in your Agreement. Work outside that scope is a change request.

• We will provide an estimate for any change request before starting the work

• Change requests proceed only with your written approval (email is sufficient)

• Approved changes are billed at the rate in your Agreement, or our standard hourly rate if none is stated

• Where work is billed hourly against an estimate, we will notify you before exceeding the estimate and will not exceed it without your written approval

6.0 Approvals, Revisions & Timelines

6.1 Review. When we submit a deliverable for review, you have five (5) business days to approve it or request revisions.

6.2 Revisions. Unless your proposal states otherwise, each deliverable includes two (2) rounds of revisions. Additional rounds are billed as a change request.

6.3 Deemed Acceptance. A deliverable is considered accepted if you do not respond within the review period, or when you use it publicly or operationally.

6.4 Client Delays. Timelines depend on you providing feedback, content, access, and approvals on time. If these are delayed, delivery dates will move accordingly. If a project is paused by you for more than thirty (30) days, we may invoice for work completed to date and reschedule remaining work based on availability.

7.0 Build Warranty

For system builds, automations, websites, and implementations, we will correct defects in our work, at no charge, that are reported within thirty (30) days of delivery or launch.

The warranty does not cover:

• Changes made by you, your users, or any other party

• Changes, outages, or feature removals by third-party platforms

• New features or changes in scope

• Issues caused by content, data, or instructions you provided

8.0 Support & Response Times

8.1 Support Hours. Support is provided Monday to Friday, 9:00 a.m. to 5:00 p.m. Eastern Time, excluding Ontario statutory holidays.

8.2 Requests. Technical support for The Studio is provided by our technical support partner. Support requests go directly to our technical support partner, using the contact details provided at onboarding.

While Acorn Studio Marketing is leading your platform setup, onboarding, or active project work, or providing Fractional CMO services, support requests come to Acorn first at info@acornstudio.marketing, and we coordinate with our technical support partner as needed. Your Agreement will state which applies and when support moves to our technical support partner. Requests must come from your authorized contacts.

Response targets in Section 8.3 apply whether a request is handled by Acorn Studio Marketing or our technical support partner.

We may change our technical support partner. If we do, we will give you at least 30 days' written notice, your support plan, pricing and response targets will stay the same for the rest of your paid term, and the new partner will be bound by the same confidentiality and data-handling obligations.

8.3 Response Targets. We aim to respond within the following times during support hours:

1. Critical (Priority) - e.g. A live campaign, form, payment, or core automation is not working = Same Business day

2. Standard (Priority) - e.g. A feature or workflow is not working as expected. = Within 2 business days

3. Minor (Priority) - e.g. Questions, small changes, and requests = Within 5 business days

Response targets are the time to acknowledge a request and confirm next steps, not the time to resolve it. Support covered by your plan or warranty is included. Other work is billed as a change request.

8.4 Support Plans. What support includes depends on the support plan named in your Agreement. Issues outside your plan are billed hourly, and we will confirm the cost with you before starting the work. Support plans and pricing are reviewed at each renewal.

9.0 Failed Payments & Subscription Recovery

To maintain continuity of service, Acorn Studio Marketing uses automated billing and subscription recovery processes.

If a payment fails due to insufficient funds, expired cards, or declined transactions:

• Automated retry attempts may be made over a defined grace period

• Notification emails and/or SMS reminders may be sent

• You may be required to update your billing information

If payment is not successfully recovered:

• Services and platform access may be suspended

• Automations, campaigns, or features may be restricted

• Your subscription may be cancelled

You remain responsible for all fees incurred prior to suspension or cancellation. Fees are non-refundable and non-prorated due to failed payments.

10.0 Client Responsibilities

You agree to:

• Provide accurate and current contact and billing information

• Provide timely feedback, content, access, and approvals

• Maintain backups of your data and content

• Use services in compliance with applicable laws (including anti-spam and privacy regulations)

• Obtain any consents required to collect and use the personal information you process through our services

• Not misuse, resell, sublicense, or reverse-engineer platform services

• Ensure content sent through systems is lawful and appropriate

You are solely responsible for the content, campaigns, communications, and data processed through your account.

11.0 Third-Party Platforms & Services

Certain services rely on third-party platforms and tools, including but not limited to CRM software, email providers, SMS carriers, and payment processors.

Acorn Studio Marketing:

• Does not control third-party platforms

• Is not responsible for outages, feature changes, limitations, or policy updates imposed by those providers

• Does not guarantee uninterrupted or error-free operation of third-party services

Use of third-party platforms may be subject to their own terms and policies.

11.1 Payments Collected Through Your Account. Payments, donations, and other transactions you collect through our platforms or systems are processed by a payment processor account in your name (for example, Stripe or Square). Acorn Studio Marketing does not receive, hold, or store those funds or card details. You are responsible for your processor account, transaction fees, refunds, chargebacks, receipts, and any tax or charitable receipting obligations.

12.0 Data Ownership, Privacy, Export & Offboarding

12.1 Ownership. You retain ownership of your business data and content at all times.

12.2 Privacy. Where we handle personal information on your behalf, we do so only to deliver the services, in accordance with our Privacy Policy. You remain responsible for having the consents required to collect and use that information.

12.3 Access. Platform access to your data requires an active, paid account.

12.4 Retention After Closure. Your data is retained for ninety (90) days after your account is closed, cancelled, or terminated. During that time you may request an export. After ninety (90) days, data may be permanently deleted and cannot be recovered.

12.5 Export Assistance. Standard exports available in the platform are included. Custom exports, migrations, or restructuring are billed at our standard hourly rate.

12.6 Account Transfer. Where the platform allows it, you may transfer your account to another provider with thirty (30) days' written notice. We will cooperate with the transfer. We are not responsible if the receiving provider does not complete the transfer correctly.

Acorn Studio Marketing is not responsible for data loss after the retention period ends.

13.0 Confidentiality

Each party will keep the other's confidential information private and use it only to perform or receive the services. Confidential information includes business plans, financial information, customer or member data, pricing, and login credentials.

This does not apply to information that is public, already known to the receiving party, received from a third party without restriction, or required to be disclosed by law. These obligations continue after the engagement ends.

14.0 Intellectual Property

14.1 Your Deliverables. Once paid in full, you own the final deliverables created specifically for you, including your content, custom designs, templates, and website content, unless your Agreement states otherwise.

14.2 Acorn Materials. Our pre-existing and proprietary materials remain our intellectual property. These include frameworks, workflows, templates, training materials, dashboards, snapshots, and documentation.

14.3 Licence. Where Acorn materials are included in your deliverables or built into your account, you receive a non-exclusive, non-transferable, perpetual licence to use them within your organization. You may not copy, distribute, resell, or reuse them outside your organization without written permission.

14.4 Portfolio. We may reference your organization's name and show completed work in our portfolio and marketing, unless you ask us in writing not to.

15.0 Cancellation & Termination

15.1 Client Cancellation. Subscriptions and ongoing services require thirty (30) days' written notice for cancellation unless otherwise stated in your Agreement.

15.1a Annual Subscriptions. Annual subscriptions must be cancelled in writing at least thirty (30) days before the renewal date. Cancellation takes effect at the end of the current annual term, and no refund is provided for the remainder of that term.

15.2 Termination for Cause. Either party may terminate an Agreement if the other party materially breaches it and does not fix the breach within fifteen (15) days of written notice.

15.3 Termination by Acorn Studio Group. We reserve the right to suspend or terminate services if you:

•      Breach these Terms

•      Fail to pay outstanding fees

•      Use services unlawfully or abusively

15.4 Effect of Termination. On termination, you pay for services provided and work completed up to the termination date. Once payment is received, we will deliver completed deliverables and work in progress in its current state. Termination does not relieve you of payment obligations incurred before termination. Sections 12, 13, 14, 17, and 18 continue after termination.

16.0 Refund Policy

Unless explicitly stated in writing:

• All fees are non-refundable

• Setup fees, consulting fees, and subscription fees are not eligible for refunds

• No refunds are provided for unused time or features

This does not affect warranty corrections under Section 7.0.

17.0 Limitation of Liability

To the fullest extent permitted by law:

• Acorn Studio Marketing is not liable for indirect, incidental, special, or consequential damages, including lost revenue, lost donations, or lost data

• Our total liability for any claim is limited to the fees you paid for the services giving rise to the claim in the twelve (12) months before the claim

• We do not guarantee specific business outcomes, revenue, fundraising, or performance results

These limits do not apply to losses caused by gross negligence or wilful misconduct.

18.0 Indemnification

You agree to indemnify and hold harmless Acorn Studio Marketing from any claims, damages, losses, or liabilities arising from:

• Your use of services

• Your campaigns, content, or data

• Violations of applicable laws or third-party rights

19.0 Force Majeure

Neither party is liable for delays or failures caused by events beyond its reasonable control. These include natural disasters, pandemics, power or internet outages, third-party platform failures, labour disputes, or government action. Payment obligations for services already provided are not excused.

20.0 Dispute Resolution

If a dispute arises, both parties will first try to resolve it through good-faith discussion. If it is not resolved within fifteen (15) business days, either party may propose mediation with a mutually agreed mediator, with costs shared equally. If mediation does not resolve the dispute, either party may pursue it in court under Section 23.0.

21.0 Changes to These Terms

We may update these Terms from time to time. Updates will be posted on our website with a revised "Last Updated" date.

• Updated Terms apply to new purchases, subscriptions, and renewals after they are posted

• For signed Agreements, the Terms in effect on the signing date apply for the term of that Agreement, unless both parties agree in writing to adopt the updated Terms

• We will notify active clients by email of material changes at least thirty (30) days before they take effect

22.0 Order of Precedence

If documents conflict, they apply in this order:

1. A signed service level agreement, statement of work, or contract

2. The accepted proposal

3. These Terms, including the addenda below

23.0 Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The parties submit to the courts of Ontario, unless otherwise agreed in writing in your Agreement.

24.0 General

24.1 Subcontractors. We may use qualified subcontractors. We remain responsible for their work, and they are bound by confidentiality obligations.

24.2 Independent Contractor. Acorn Studio Group provides services as an independent contractor. Nothing in these Terms creates an employment, partnership, or agency relationship.

24.3 Notices. Notices must be in writing and may be sent by email to the addresses on file.

24.4 Severability. If any part of these Terms is found unenforceable, the rest remains in effect.

24.5 No Waiver. Not enforcing a provision is not a waiver of the right to enforce it later.

24.6 Entire Agreement. These Terms and your Agreement are the entire agreement between us for the services and replace prior discussions.

Contact Information

Acorn Studio Group
Operating as Acorn Studio Marketing
637 Niagara St., Welland, Ontario L3C 1E2
📧 info@acornstudio.marketing
📞 289-324-0948