Terms of Service – A Viral Agency
Last Updated: August 2025
Welcome to A Viral Agency. These Terms of Service (“Terms”) govern your use of our website and services. By engaging A Viral Agency, you agree to these Terms.
1. Services
A Viral Agency provides digital marketing services, including content strategy, content creation, personal branding, and filming support. Specific deliverables will be defined in the written proposal, statement of work, or agreement signed by the client (“Agreement”).
2. Client Responsibilities
Provide accurate and timely information, materials, and approvals necessary for services.
Ensure that all materials provided (logos, images, music, text, etc.) are owned or properly licensed.
Understand that delays in providing approvals or materials will extend delivery timelines.
3. Agency Responsibilities & Timelines
A Viral Agency will deliver services in a professional and timely manner consistent with industry standards.
Delivery timelines are estimates only. Deadlines are contingent on the client’s timely cooperation.
4. Payments & Refunds
Fees are due according to the schedule in the Agreement.
Work is deemed “begun” once any research, planning, or creative development has started.
All fees are non-refundable except where A Viral Agency is unable to deliver any services due to reasons solely within its control.
If a client terminates the Agreement early, the client remains responsible for 100% of the agreed fee unless otherwise agreed in writing.
Late payments may result in suspension or termination of services and will accrue interest at 1.5% per month.
5. Intellectual Property
Final deliverables (e.g., exported videos, graphics, copy) transfer to the client once full payment is received.
A Viral Agency retains ownership of:
Raw project files, drafts, templates, processes, AI prompts, and proprietary methods.
Pre-existing materials or licensed third-party assets used in the project.
Clients receive a limited license to use final deliverables solely for their business purposes. Resale, redistribution, or modification without permission is prohibited.
A Viral Agency may showcase non-confidential deliverables in its portfolio unless otherwise agreed.
6. Client Use of Deliverables
The client assumes full responsibility for all uses of the deliverables. A Viral Agency is not liable for any claims, damages, or disputes arising from client use, misuse, or distribution of the deliverables.
7. Confidentiality
Both parties agree to maintain confidentiality of sensitive business, financial, or strategic information. This obligation survives termination.
8. Limitation of Liability
A Viral Agency does not guarantee specific outcomes (e.g., going viral, revenue growth, follower increases).
A Viral Agency’s total liability is limited to the total fees paid by the client in the three (3) months immediately preceding the claim.
A Viral Agency shall not be liable for indirect, incidental, special, or consequential damages.
9. Force Majeure
A Viral Agency is not liable for delays or failures caused by events beyond its reasonable control, including illness, accidents, natural disasters, labor disputes, supply shortages, power outages, or third-party platform changes or downtime (e.g., Instagram outages).
10. Dispute Resolution
Parties shall first attempt to resolve disputes through good-faith negotiation.
If unresolved, disputes shall be submitted to binding arbitration in Ontario, Canada under the Arbitration Act.
Clients waive the right to court proceedings or class actions to the fullest extent permitted by law.
11. Termination
Either party may terminate with written notice.
Clients remain liable for all fees owed, including full project fees if terminated early.
A Viral Agency may terminate immediately if the client engages in unlawful, unethical, or abusive conduct.
12. Governing Law
These Terms are governed exclusively by the laws of Ontario, Canada.
Contact: asim@aviralagency.com
Privacy Policy – A Viral Agency
Last Updated: August 2025
This Privacy Policy explains how A Viral Agency collects, uses, and protects personal information.
1. Information We Collect
Personal Information: Name, email, phone, business details, and billing information when you contact us or sign agreements.
Usage Data: Website analytics, cookies, tracking technologies.
Payment Data: Processed securely by third-party providers; A Viral Agency does not store credit card details.
2. How We Use Information
To provide and improve our services.
To communicate about projects, invoices, and updates.
To send marketing communications only with express consent.
To comply with legal obligations.
3. Sharing Information
We do not sell or rent personal data.
We share information only with trusted third-party service providers (e.g., payment processors, email platforms, analytics tools) strictly for service delivery.
4. Data Security
We use industry-standard safeguards, including SSL encryption, secure storage, firewalls, and trusted third-party processors. While we take reasonable steps, no system is 100% secure.
5. Cookies & Tracking
Our website may use cookies and similar technologies.
EU/EEA (GDPR): Non-essential cookies will only be used with explicit opt-in consent.
California (CCPA): Users may request disclosure of collected data and opt out of sale or sharing.
Users may disable cookies via browser settings.
6. Your Rights
Depending on your location, you may have the right to:
Access, correct, or delete personal data.
Restrict or object to processing.
Request data portability.
Withdraw consent at any time.
Requests can be made by contacting us at asim@aviralagency.com
7. Data Retention
We retain client data for up to 7 years for legal, tax, and business record purposes, unless earlier deletion is requested.
8. Breach Notification
In the event of a data breach, A Viral Agency will notify affected individuals and regulators as required by applicable law within legally required timeframes.
9. International Transfers
If you access our services outside Canada, your information may be transferred to servers where privacy laws differ. Where legally required (e.g., GDPR), we implement Standard Contractual Clauses or equivalent safeguards.
10. Updates to This Policy
We may update this Privacy Policy periodically. Updates will be posted on this page with a revised date. Continued use of our services constitutes acceptance of the updated policy.
11. Contact
For privacy concerns, contact: asim@aviralagency.com