Terms & Conditions

JW Digital Marketing Advisory

Last updated: Feb 3, 2026

1. Definitions

“Advisor” refers to JW Digital Marketing Advisory, operated by Jamie Wells.
“Client” refers to any individual or business purchasing or receiving services.
“Services” refers to marketing strategy, advisory, consulting, audits, planning, education, or related deliverables provided by the Advisor.

2. Nature of Services (Advisory-Only Relationship)

The Client acknowledges and agrees that:

All Services provided are advisory and consultative in nature
The Advisor does not implement, control, or execute the Client’s business operations unless expressly agreed in writing
The Advisor does not guarantee outcomes, results, revenue, growth, performance, compliance, or success

Marketing results depend on factors outside the Advisor’s control, including but not limited to:

Market conditions
Client execution
Budget decisions
Industry regulations
Third-party platforms and tools
Internal staffing and processes

3. No Guarantees or Warranties

The Advisor makes no representations or warranties, express or implied, including but not limited to:

Financial results
Lead volume or quality
Conversion rates
Advertising performance
Platform approvals or account standing
Search engine or social media outcomes

All Services are provided “as-is” and “as available.”

4. Client Responsibility & Industry Compliance

The Client is solely responsible for:

Ensuring their business complies with all applicable laws, regulations, professional standards, and licensing requirements within their industry and jurisdiction
Reviewing and approving all strategies, recommendations, messaging, and materials prior to implementation
Seeking independent legal, regulatory, financial, or professional advice where required

The Advisor does not provide legal, medical, financial, tax, or regulatory advice, even where marketing activities intersect with regulated industries (including healthcare, financial services, real estate, or professional services).

5. Limitation of Liability

To the maximum extent permitted by applicable law:

The Advisor shall not be liable for any indirect, incidental, consequential, special, or punitive damages
The Advisor shall not be liable for loss of revenue, profit, data, reputation, or business opportunity
The Advisor’s total aggregate liability, if any, shall be limited to the fees paid by the Client for the Services giving rise to the claim

6. Indemnification

The Client agrees to defend, indemnify, and hold harmless the Advisor from and against any claims, damages, losses, liabilities, costs, or expenses arising from:

The Client’s business activities
The Client’s industry-specific obligations
The Client’s implementation or misuse of the Services
Third-party claims related to the Client’s products, services, or marketing materials

7. Independent Contractor Status

Nothing in these Terms creates a relationship of:

Employment
Partnership
Joint venture
Agency
Fiduciary duty

The Advisor is an independent contractor, and the Client has no authority to bind the Advisor in any manner.

7A. Subcontractors & Outsourcing

The Advisor may, at their discretion, outsource, subcontract, or delegate portions of the Services to qualified third-party contractors (including virtual assistants, designers, copywriters, media buyers, developers, or other specialists) to support delivery of the Services.

The Advisor remains responsible for the overall quality and delivery of the Services and for managing any subcontractors engaged.

The Client acknowledges and agrees that:

The Advisor may share Client information reasonably required to perform the Services with subcontractors, provided such subcontractors are bound by confidentiality obligations consistent with these Terms.
Subcontractors are not employees of the Client, and the Client will not direct, manage, or supervise subcontractors unless expressly agreed in writing.
Nothing in this section creates any contractual relationship between the Client and any subcontractor engaged by the Advisor.
Unless otherwise stated in writing, subcontracting does not change the fees, scope, timelines, or payment obligations under the applicable proposal or service agreement.

8. Third-Party Platforms & Tools

The Advisor is not responsible for:

Changes to third-party platforms (e.g., Google, Meta, email providers, CRMs)
Account suspensions, disapprovals, or outages
Data loss, algorithm changes, or policy enforcement by third parties

The Client acknowledges that use of third-party platforms is governed by those platforms’ own terms.

8A. Accessibility Statement

JW Digital Marketing Advisory is committed to providing a website experience that is accessible and inclusive for all visitors, including people with disabilities.

We aim to support accessibility best practices and make reasonable efforts to improve the usability and accessibility of our website and digital content over time.

Third-party content and platforms: Some parts of our website may rely on third-party tools or embedded content (such as scheduling, forms, video, payment processors, social media embeds, or external links). We do not control the accessibility of third-party platforms and cannot guarantee that those services will meet all accessibility requirements.

Need assistance or an accommodation? If you experience difficulty accessing any part of our website, or if you require information in an alternative format, please contact us and we will make reasonable efforts to support you.

Contact:
Email: jamie@jwda.ca
Phone: 1 (705) 427-1858

9. Intellectual Property

Unless otherwise agreed in writing:

The Advisor retains ownership of methodologies, frameworks, templates, and proprietary materials
The Client receives a limited, non-transferable license to use deliverables for their internal business purposes only
Redistribution, resale, or reuse for third parties is prohibited without written consent

10. Confidentiality

Both parties agree to keep confidential information private unless disclosure is required by law or permitted in writing. Confidential information may be disclosed to the Advisor’s employees or subcontractors on a need-to-know basis solely for the purpose of delivering the Services, provided they are bound by confidentiality obligations.

11. Termination

Either party may terminate Services in accordance with the applicable service agreement or proposal.

Upon termination:

The Advisor has no obligation to continue Services
Outstanding fees remain payable
Sections related to liability, indemnification, and governing law survive termination

12. Refunds & Cancellations

Fees paid for Services are non-refundable unless otherwise stated in writing.

Because Services involve time-based advisory sessions, preparation, and strategic analysis, refunds are not provided once a session has been delivered, partially delivered, or missed by the Client.

Any exceptions to this policy, including refunds or credits, are issued at the sole discretion of the Advisor and must be confirmed in writing.

Refund eligibility, if applicable, is governed by the Refund Policy published on the Advisor’s website, which forms part of these Terms.

13. Scheduling, Rescheduling & Missed Sessions

Services may be delivered through scheduled sessions booked via the Advisor’s website or third-party scheduling tools.

Clients are responsible for attending scheduled sessions at the agreed date and time.

If rescheduling is required, reasonable notice must be provided in accordance with the booking details communicated at the time of scheduling.

Missed sessions, late arrivals, or cancellations without sufficient notice may be forfeited and are not eligible for refunds or credits, unless otherwise agreed in writing.

The Advisor reserves the right to reschedule sessions due to unforeseen circumstances, in which case reasonable efforts will be made to provide alternative dates.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

15. Acceptance

By engaging the Advisor’s Services, the Client confirms that they have read, understood, and agreed to these Terms & Conditions.