Terms of service

Jump to performance marketing terms of service.

Overview

This website is run by Peter Benes. When we say “we”, “us”, or “our”, we’re referring to Peter Benes. We provide this website (which includes all the information, tools, and services it offers) to you, the user, under the condition that you agree with all the terms, conditions, policies, and notices mentioned here.

Here's the deal: when you visit our site or buy something from us, you're using our “Service”. This means you agree to follow our terms and conditions, which we call our “Terms of Service” or just “Terms”. These apply to everyone who uses our site, whether you're just browsing, selling, buying, or contributing content.

Before you dive in, please take some time to read through these Terms of Service. To use any part of our website, you need to agree with them. If you don't, we're afraid you won't be able to use our website or our services. Just so you know, if we offer you these Terms of Service and you accept, that's legally binding.

As we grow and evolve, we might add new features or tools to our store. These will also fall under our Terms of Service. You can always check the latest version of our Terms of Service on this page. We might update, change, or replace parts of these Terms of Service, and we'll post those updates or changes on our website. It's your job to check this page from time to time for any changes. If you keep using our website or accessing it after we post changes, that means you accept those changes.

Just so you know, our store is hosted on Shopify Inc. They provide us with an online platform that lets us sell our products and services to you.

While our Terms of Service are necessitated by legal considerations, we want to emphasize that our working relationship is primarily built on mutual benefit and effective communication. We aim to create an environment where you feel heard and respected. If you find yourself dissatisfied with any part of our work together, we encourage you to communicate your concerns with us openly and honestly. We believe in the power of dialogue to resolve disputes and improve our service. Trust that we will handle your concerns diligently and work towards a solution that upholds the spirit of our relationship.

Section 1 - Online Store Terms

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications To The Service And Prices

Prices for our time or products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products Or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Section 11 - Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Peter Benes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Peter Benes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

We reserve the right to cancel any project or time purchased with at any point without prior notice. At which which point, a refund will be issued for prepayment minus time used used.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada, and any legal actions will take place in the province of Ontario.

Section 19 - Changes To Terms Of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Performance-Based Marketing

Purpose

These terms outline the conditions under which Benes the Menace provides performance-based marketing services to selected clients. By engaging in our services, you agree to the terms set forth below, which govern our performance-based marketing arrangements.

Performance-Based Marketing Services

Definition of Performance: Performance is defined by the achievement of specific objectives outlined at the start of our engagement. These objectives are typically measured by Return on Ad Spend (ROAS) or other agreed-upon metrics, such as lead generation or sales revenue.

Measurement of Performance: We utilize tools such as Google Analytics, Google Ads, and Shopify Analytics to measure performance. In cases where there are discrepancies between analytics tools, fee calculations will be based on the largest measurable result.

Fee Structure

Revenue Share: We charge a revenue share based on a sliding scale of the sales revenue generated from your ad spend, as follows:

• Up to 4.99X of ad spend: No fee
• 5X of ad spend: 5% of revenue
• 6X of ad spend: 6% of revenue
• 7X of ad spend: 7% of revenue
• 8X of ad spend: 8% of revenue
• 9X of ad spend: 9% of revenue
• 10X of ad spend: 10% of revenue
• 11X of ad spend: 11% of revenue
• 12X of ad spend: 12% of revenue
• 13X of ad spend: 13% of revenue
• 14X of ad spend: 14% of revenue
• 15X of ad spend: 15% of revenue
• 16X or more of ad spend: 16% of revenue (fee cap)

Fee Cap: The revenue share is capped at 16% of sales revenue.

No Upfront Fees: We do not charge setup fees or a monthly retainer. You will only be billed when we achieve the agreed-upon performance metrics.

Payment Terms

Billing Cycle: Invoices are issued based on the performance metrics achieved in the previous calendar month. Payments are due within 7 days from the invoice date.

Ad Budget Subscription: You agree to subscribe to a monthly ad budget, which will be prepaid and automatically charged to your credit card.

Unused Budget: Any unused portion of the ad budget in a given month will roll over to the following month’s budget. If the budget is overspent, the surplus will be deducted from the next month's budget.

Guaranteed Minimum Performance Threshold: We guarantee a minimum ROAS of 5X. If we fail to generate a ROAS of at least 5X your ad spend in any given month, our services will be provided at no cost to you.

Ad Budget Management and Overages

We strive to fully utilize the advertising budget each month without exceeding the remaining balance. However, due to the nature of digital advertising, there may be instances where the ad spend slightly exceeds the allocated budget. In such cases, you will receive an invoice for the overage.

Option to Avoid Overages: If you prefer not to receive an additional bill for ad spend overages, please inform us in advance. We will then turn off ads before the final portion of the budget is spent, avoiding any overage charges.

Termination and Cancellation

Client's Right to Cancel: You may cancel our services at any time. Upon cancellation, any remaining prepaid ad budget will continue to be used for advertising until depleted.

Company's Right to Terminate: We reserve the right to terminate our services at any time, with or without cause. Upon termination, any remaining budget may be applied to outstanding invoices or used for continued advertising.

Termination Due to Loss of Access: If you withdraw access to any necessary accounts (e.g., Google Analytics, ad accounts), the Agreement will be terminated, all outstanding invoices will be due immediately, and any remaining ad budget will be forfeited.

Non-Transferability of Ad Accounts: The ad account is owned and maintained by Benes the Menace and is not transferable. Upon termination, the ad account will not be transferred to you.

Client Responsibilities

Access and Assets: You agree to provide us with necessary access to your online properties (e.g., Google Analytics, Google Search Console) and any marketing assets required for our services, including high-resolution photos, professionally designed logos, and promotional videos.

Promotion Details: You are expected to inform us of any upcoming promotions or marketing strategies, including providing relevant assets and links in advance.

Handling Refunds and Exchanges: Refunds and exchanges are considered a cost of doing business and do not count against the revenue share. We will assist in troubleshooting if an abnormal number of returns occurs.

Limitation of Liability

Benes the Menace shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to the performance of services under these terms.

Data Access and Ownership

Data Collection: We may install tracking scripts (e.g., Google Ads conversion tracking) and require access to analytics accounts for accurate performance measurement and revenue share calculation.

Account Ownership: Except for the paid search ad account, all accounts connected to our performance-based advertising program are owned by you. You may withdraw access at any time, but this will result in the termination of our services. (Note: This only applies to performance-based clients because of the nature of our agreement, for all consulting clients not involved in the performance-based program, all accounts including the ad account are owned by you.)

No Full-Service Agency Support

We specialize in performance marketing and do not offer full-service agency support. Coaching and consulting services are available if you require assistance with other aspects of your business.

Confidentiality

Both parties agree to keep all sensitive information confidential and not to disclose it to any third parties without prior consent, except as required by law. Benes the Menace strives to foster a spirit of confidentiality within our business community. However, it is acknowledged that, given the collaborative nature of our interactions—such as sharing stories on Zoom with a group of business owners—we cannot guarantee that all information will remain confidential. While we encourage discretion and respect for privacy, it is ultimately up to each individual to decide how much they wish to share, and beyond our scope to manage how others in the group handle that information.

Additionally, Benes the Menace reserves the right to use data from clients' accounts for the purpose of creating case studies and for marketing initiatives. In doing so, we will make every effort to anonymize and obscure any identifying information to protect the client’s identity.

Governing Law

These terms shall be governed by and construed in accordance with the laws of Ontario, Canada.

Section 21 - Contact Information

Questions about the Terms of Service should be sent to us at peter@benesthemenace.com.