These Terms and Conditions govern your use of fucharmonk.com/ca and your engagement of Fucharmonk's marketing services from Canada. By using the website or submitting an inquiry, you agree to them. If you do not agree, please do not use the website.
Where you and Fucharmonk have signed a separate services agreement, statement of work or proposal, that document governs, and these Terms apply only to matters it does not address.
Who you are contracting with
Fucharmonk is a business established in India, providing services to clients in Canada remotely. We maintain no office, branch, agent or place of business in Canada and no Canadian telephone line. Nothing on this website should be read as a claim that we do, or as a representation that we hold a Canadian or Alberta registration, licence or professional designation.
Our services
We provide digital marketing services to interior designers, architects and design-led businesses — lead generation and qualification, paid social advertising, paid search advertising, social media management, website design and development, and local search and business profile optimization. The specific scope, deliverables, timeline and fees for any engagement are set out in a signed proposal or statement of work.
We are a marketing supplier. We do not provide interior design, interior architecture, architectural or engineering services, and we do not hold ourselves out as entitled to.
Inquiries and communication
Submitting an inquiry does not create a client relationship and does not oblige either of us to proceed. We may decline any inquiry, including because the scope is outside what we do, or because we already work with a competing practice in the same market.
By submitting your details you agree that we may contact you about your inquiry, on the terms and with the withdrawal rights set out in our Privacy Policy.
Fees, payment and advertising spend
Fees are stated in the applicable proposal, in Canadian dollars or in another currency agreed in writing, and are exclusive of any applicable taxes.
Goods and services tax may apply to supplies made to a recipient in Canada. If you are registered for GST or HST, provide your registration number when you engage us; your own tax position is yours to determine, and nothing here is tax advice. Unless the proposal says otherwise:
Retainers are invoiced in advance for the period they cover.
Advertising spend on Meta, Google or any other platform is separate from our fees and is billed by that platform directly to your own account. We do not mark up media spend, and we do not hold your advertising budget.
Invoices are payable within the period stated on them. We may suspend work on materially overdue accounts after written notice.
Fees already paid for work performed are not refundable, which is a consequence of the work having been performed rather than a penalty.
What we need from you
Engagements in this category depend on the client. You agree to provide project photography and permission to use it, timely feedback and approvals, access to the advertising, analytics and website accounts we need, and accurate information about your practice. Delays in these will delay results, and we are not responsible for the consequences of that.
You are responsible for the accuracy and legality of anything you ask us to publish, and for holding the rights to any photography, video or written material you provide.
Advertising and marketing compliance
You are responsible for ensuring that the claims, imagery, offers and prices you ask us to publish comply with Canadian law. Three areas matter more than the rest in this industry, and we set them out rather than leave them to a general clause:
Consent under CASL. Any list you supply, and any recipient you ask us to message, must have given consent that you can prove. The onus of proving consent rests on the sender, and the administrative monetary penalty ceiling is CAD 10,000,000 for an organization and CAD 1,000,000 for an individual. We will not send to a list whose consent basis you cannot describe.
Substantiation under the Competition Act. A representation to the public about the performance, efficacy or length of life of what you sell must be based on an adequate and proper test made before the representation is made. If you ask us to publish a performance claim, you are confirming that such testing exists.
Title restrictions in Alberta. "Licensed Interior Designer" is a restricted title under the Architects Act and may be used only by a person registered with the Alberta Association of Architects. "Interior designer" and "interior decorator" are not restricted. You are responsible for the accuracy of any credential, designation, membership or registration you ask us to display, and we will publish it as you provide it.
We will raise anything that looks non-compliant to us, but we are not your compliance adviser and we do not verify credentials.
No guarantee of results
We do not guarantee any specific ranking, inquiry volume, cost per inquiry, conversion rate, revenue or return on advertising spend.
This website publishes no performance figures at all, and that is deliberate — see the Disclaimer. Results depend on your market, your pricing, your portfolio, your responsiveness to inquiries, and on factors outside anyone's control, including platform algorithm changes and competitor behaviour.
Nothing on this website is an offer, guarantee or warranty of a particular business result.
Intellectual property
The website, its structure, and its written and visual content are owned by Fucharmonk or licensed to us. You may not reproduce, republish or use them commercially without written permission.
Deliverables created specifically for you under a paid engagement transfer to you on full payment, unless the applicable proposal says otherwise. We retain ownership of our own pre-existing methods, templates, frameworks and internal tools, and of anything we developed before, or independently of, your engagement.
Unless you tell us otherwise in writing, we may reference your engagement and display work produced for you as part of our own portfolio.
Confidentiality
Each of us will keep the other's non-public business information confidential and use it only for the engagement. This does not apply to information that is already public, that was already known without obligation, or that must be disclosed by law.
Third-party platforms
Our services depend on platforms we do not control — including Meta, Google, and any website host or content management system you use. We are not responsible for their availability, their policy changes, their pricing, account suspensions or algorithm changes, and any of these may affect results. Your use of those platforms is governed by their own terms.
The website may link to third-party sites. We do not endorse them and are not responsible for their content or practices.
Limitation of liability
To the maximum extent permitted by law, Fucharmonk is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business or lost data, arising out of the website or our services, whether the claim is in contract, tort or otherwise, and whether or not we were advised such damages were possible.
Our total aggregate liability arising out of or relating to an engagement is limited to the fees you actually paid us for that engagement in the three months immediately preceding the event giving rise to the claim.
Nothing in this section limits liability that cannot be limited by law, including under provincial consumer protection legislation.
Indemnity
You agree to indemnify Fucharmonk against claims, damages and reasonable costs arising from material you supplied to us, from a list or recipient you asked us to message, from your breach of these Terms, or from your violation of law or of a third-party platform's terms.
Termination
Either of us may end an engagement in accordance with the notice period in the applicable proposal. On termination you remain responsible for fees for work performed up to the termination date, and we will hand over the accounts and assets that belong to you.
We may restrict access to the website at any time.
Governing law and disputes
These Terms are governed by the laws of India, without regard to conflict-of-law principles. Subject to any dispute-resolution mechanism agreed in a signed contract, the courts having jurisdiction over our place of business have exclusive jurisdiction.
Before commencing any proceeding, each of us agrees to raise the dispute in writing and to attempt in good faith to resolve it within thirty days.
Nothing in this section removes a right you have under the consumer protection legislation of your province, prevents you from bringing a claim you are entitled by law to bring in your own province, or prevents you from raising a concern with a Canadian regulator, including the Office of the Information and Privacy Commissioner of Alberta, the Office of the Privacy Commissioner of Canada, the Canadian Radio-television and Telecommunications Commission or the Competition Bureau.
Changes to these terms
We may revise these Terms. The current version is always on this page, and the "Last updated" date reflects the most recent revision. Continuing to use the website after a change means you accept it.
Contact us
Email: contact@fucharmonk.com
Notices under these Terms should be sent to that address. Our place of business, which governs the jurisdiction clause above, is stated under "Who you are contracting with" at the top of this page.