Terms Of Service

Most Recent Effective Date: November 1, 2024

These Terms of Service (“Terms”) constitute a legally binding agreement between Flyer Canada Inc. (“Flyer Canada,” “we,” “us,” or “our”) and the client (“you” or “your”). By purchasing or utilizing any services offered by Flyer Canada, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

1. Payment and Refund Policy

1.1. Payment Requirement
All services provided by Flyer Canada must be paid in full prior to the commencement of any campaign, unless otherwise agreed upon in a separate, written contract. By submitting payment, you acknowledge that the services are deemed delivered upon receipt of payment, and work will commence in accordance with the agreed campaign schedule.

1.2. No Refunds
All payments are final and non-refundable. This policy applies to all services provided, including but not limited to flyer design, printing, distribution, and related advertising services. You acknowledge and accept that no refunds will be issued under any circumstances once payment is made.

1.3. Disputed Charges
Any disputes regarding charges must be raised within ten (10) business days of payment. Failure to notify Flyer Canada within this period will result in the waiver of any claims related to such charges.

2. Campaign Delays and Delivery Responsibilities

2.1. Responsibility for Delays
Flyer Canada shall not be held responsible or liable for any delays, interruptions, or failure to deliver services caused by circumstances beyond its reasonable control, including but not limited to:

  • Canada Post strikes or labor disputes,

  • Natural disasters (e.g., floods, earthquakes, fires),

  • Transport delays (e.g., vehicle breakdowns, weather-related disruptions), or

  • Acts of terrorism, war, or government actions.

2.2. Canada Post Delivery Responsibility
Flyer Canada is not responsible for incomplete or failed delivery of flyers once the materials are handed over to Canada Post. In the event of a delivery issue, a support ticket will be raised with Canada Post on your behalf. Resolution of such issues will be subject to Canada Post’s policies and timelines.

2.3. Campaign Delays Due to Canada Post
In the event of delays caused by Canada Post, including strikes, Flyer Canada will promptly notify clients and suspend affected campaigns until normal operations resume. No refunds, discounts, or compensatory services will be provided for delays attributable to Canada Post.

3. Reprint Guarantees

3.1. Reprint Coverage
Flyer Canada will only issue reprints for flyers if the error is determined to be the fault of Flyer Canada, such as printing defects, incorrect quantities, or material inconsistencies.

3.2. Client-Approved Designs
Flyer Canada is not responsible for errors, including typographical mistakes, content inaccuracies, or design flaws, in materials that were approved by the client prior to printing. Approval of proofs constitutes final acceptance of all content and design.

3.3. Reprint Exclusions
Reprint guarantees do not cover issues arising from errors present in client-submitted materials, delays caused by third-party delivery providers, or mishandling of printed materials after delivery to Canada Post.

4. Client Obligations

4.1. Accuracy of Materials
You are solely responsible for ensuring the accuracy, legality, and compliance of all materials submitted to Flyer Canada for production and distribution. Approval of proofs prior to printing constitutes acceptance of all content, including text, images, and design. Flyer Canada is not liable for errors or omissions in approved materials.

4.2. Compliance with Guidelines
All materials submitted must comply with Flyer Canada’s submission guidelines, including format specifications, deadlines, and content restrictions. Flyer Canada reserves the right to reject any materials that do not meet these requirements without liability.

5. Limitation of Liability

5.1. General Limitation
To the fullest extent permitted by law, Flyer Canada’s total liability for any claim, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount paid by you for the specific service giving rise to the claim.

5.2. Exclusion of Certain Damages
Flyer Canada shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, or business opportunities, even if Flyer Canada has been advised of the possibility of such damages.

5.3. Force Majeure
Flyer Canada shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, as outlined in Section 2.

6. Indemnification

You agree to indemnify, defend, and hold harmless Flyer Canada, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:

  • Your breach of these Terms,

  • Your use of our services,

  • Any materials provided by you for printing or distribution, or

  • Your failure to comply with applicable laws and regulations.

7. Amendments to Terms

Flyer Canada reserves the right to update or modify these Terms at any time, in its sole discretion, without prior notice. Continued use of our services after any changes to the Terms constitutes your acceptance of the updated Terms.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada. Any disputes arising out of or related to these Terms shall be resolved exclusively in the courts located in Ontario, Canada.

9. Entire Agreement

These Terms constitute the entire agreement between you and Flyer Canada with respect to the services provided and supersede all prior agreements, understandings, or representations, whether written or oral.

If you have questions about these Terms, please contact Flyer Canada at operations@flyercanada.ca.