1. Introduction
These Terms and Conditions (“Terms”) govern the provision of digital marketing services (“Services”) by DigitalSak (“Agency”, “We”, “Us”, “Our”) to clients (“Client”, “You”, or “Your”). By engaging our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, do not engage our services.
2. Services Provided
DigitalSak offers a range of digital marketing services, which may include but are not limited to:
- Search Engine Optimization (SEO)
- Social Media Marketing (SMM)
- Pay-Per-Click (PPC) Advertising
- Content Marketing & Strategy
- Website Design & Development
- Email Marketing Campaigns
- Branding & Graphic Design
- Analytics & Reporting
- Consultation & Strategy Development
The specific scope of services will be outlined in the individual project agreement, proposal, or Statement of Work (SOW).
3. Client Responsibilities
To ensure the smooth execution of the services, the Client agrees to:
- Provide timely, accurate, and complete information, materials, and access to relevant accounts (such as Google Ads, Facebook, etc.) needed for the delivery of the services.
- Approve or review deliverables within the agreed timelines.
- Comply with all applicable laws, including privacy laws, intellectual property rights, and advertising regulations.
- Ensure that all provided content, images, and materials do not infringe on third-party rights and are legally usable.
4. Payment Terms
- The Client agrees to pay for the services as specified in the agreement or proposal, which may include one-time payments, monthly retainer fees, or project-based payments.
- All payments are due according to the schedule outlined in the agreement. If payment is not received within [X] days of the due date, late fees may be applied at a rate of [X]% per month.
- In case of a dispute over an invoice, the Client must notify DigitalSak in writing within [X] days of receiving the invoice. Failure to do so will be considered acceptance of the charges.
- Payments should be made via [Insert Payment Methods Accepted].
5. Ownership of Deliverables
- All digital marketing materials, content, designs, reports, and intellectual property (including code, graphics, logos, etc.) created by DigitalSak remain the property of DigitalSak unless otherwise agreed in writing.
- Upon receipt of full payment, the Client is granted a non-exclusive, non-transferable license to use the deliverables for the agreed purpose.
- The Client acknowledges that any ongoing use or modification of the deliverables outside the scope of the agreement requires prior written consent from DigitalSak.
6. Confidentiality
Both parties agree to keep confidential all proprietary information exchanged during the course of the engagement, including but not limited to marketing strategies, business plans, financial information, and client data. This confidentiality obligation survives the termination of the agreement.
7. Duration and Termination
- The engagement will begin on the start date and continue until terminated by either party according to the terms outlined in the agreement.
- Either party may terminate the agreement with [X] days written notice. Upon termination, the Client will pay for all work completed up to the termination date.
- If the Client fails to meet their obligations, such as late payments or breach of terms, DigitalSak may terminate the agreement immediately.
- Upon termination, any outstanding balances owed by the Client to DigitalSak become immediately due.
8. Limitation of Liability
- DigitalSak will provide services with reasonable care and skill. However, we do not guarantee specific results, including increased sales, site traffic, or search engine rankings.
- DigitalSak’s liability is limited to the amount paid by the Client for the services in question, and DigitalSak will not be held responsible for any indirect, incidental, or consequential damages arising out of the use of its services.
- The Client is solely responsible for any decisions made based on DigitalSak’s advice, reports, or deliverables.
9. Indemnification
The Client agrees to indemnify and hold harmless DigitalSak and its employees, agents, and contractors from any claims, losses, damages, and liabilities arising from the Client’s use of the services, violation of any third-party rights, or failure to comply with these Terms.
10. Force Majeure
Neither party will be held responsible for failure or delay in the performance of their obligations due to causes beyond their reasonable control, including but not limited to acts of God, natural disasters, war, government actions, labor disputes, or pandemics.
11. Amendments
DigitalSak reserves the right to update or modify these Terms and Conditions at any time. Any changes will be communicated to the Client in writing. Continued use of DigitalSak’s services after such changes constitutes acceptance of the revised Terms.
12. Dispute Resolution
- In case of any dispute, both parties agree to first attempt to resolve the issue amicably through direct communication.
- If a resolution cannot be reached, the dispute may be submitted to mediation or arbitration, as mutually agreed upon, before seeking legal remedies.
13. Governing Law
These Terms and Conditions are governed by the laws of [Insert Jurisdiction] without regard to its conflict of laws principles.
14. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Entire Agreement: These Terms and any written agreement between the Client and DigitalSak constitute the entire understanding between the parties and supersede any prior agreements, whether written or oral.
15. Contact Information
For any questions or concerns, please contact DigitalSak at:
- Email: [digitalsak03@gmail.com]
- Phone: [+91 9289630339]
- Address: [A-41 Freedom Fighter Colony , Neb Sarai , New Delhi – 110068]