Effective Date: 12th February 2025
These Terms and Conditions (“Agreement”) govern the provision of marketing services by DigiBiz Ltd (“we”, “us”, “our”), a company based in the United Kingdom, to you, the client (“you”, “your”). By engaging in any services offered by DigiBiz, you agree to be bound by these terms.
1. Services Provided
DigiBiz offers a range of marketing services, including but not limited to:
- Digital Marketing: SEO, PPC, Social Media Marketing, Email Marketing, etc.
- Website Development and Design: Website creation, design, and development.
- Consulting: Marketing strategy development and consulting services.
The services you receive from DigiBiz will be outlined in a separate Statement of Work (SOW), Contract, or Proposal (if applicable) specific to the services you request.
2. Agreement to Terms
By engaging DigiBiz for marketing services, you confirm that you have read, understood, and agreed to these Terms and Conditions. If you do not agree to these terms, you may not use our services.
3. Duration of Agreement
The agreement between you and DigiBiz will begin on the Effective Date outlined in your proposal or contract and continue until the completion of the services, unless terminated earlier in accordance with these terms.
4. Client Responsibilities
- Information Accuracy: You agree to provide accurate and up-to-date information to DigiBiz for the successful delivery of services. This includes providing necessary materials (such as business information, logos, content, etc.) in a timely manner.
- Cooperation: You agree to cooperate with DigiBiz in the execution of marketing strategies, campaigns, and website projects, including providing access to relevant tools, software, and accounts (e.g., Google Ads, Analytics, Social Media accounts).
- Content Ownership: You represent that you own or have the rights to all content provided to DigiBiz for marketing purposes (e.g., images, copy, logos, etc.).
5. Fees and Payment Terms
- Payment Structure: Fees for services will be outlined in the Statement of Work (SOW), Proposal, or Contract. Fees may include setup costs, monthly retainers, or project-based payments.
- Billing: Payments are due in accordance with the agreed-upon payment terms in the contract or proposal. Late payments may incur interest or additional charges.
- Taxes: All prices are exclusive of taxes. You agree to pay any applicable taxes (e.g., VAT, sales tax) in addition to the agreed fees.
- Payment Methods: Payments may be made via credit card, bank transfer, or other methods agreed upon between you and DigiBiz.
6. Confidentiality
- Non-Disclosure: Both parties agree to keep all information regarding the other party’s business, marketing strategies, and proprietary materials confidential.
- Confidential Information: Any information designated as confidential (e.g., client data, campaign plans, business strategies) must not be disclosed to third parties without the prior written consent of the disclosing party, unless required by law.
7. Intellectual Property
- Ownership of Work Product: Upon full payment of fees, you shall own all rights to any completed work (such as marketing strategies, website designs, or promotional materials) delivered to you by DigiBiz, subject to any third-party rights (e.g., stock photos, licensed software).
- Licenses: DigiBiz retains the right to use the work produced for marketing purposes, such as in portfolios or promotional materials.
- Third-Party Tools: Some of the services provided by DigiBiz may rely on third-party software, tools, or platforms (e.g., Google Ads, WordPress, Facebook). You understand and agree to the terms and conditions of such third-party services.
8. Limitation of Liability
- No Guarantees: DigiBiz does not guarantee specific results, such as ranking improvements, traffic increases, or sales conversions. All results are dependent on many factors, including but not limited to client website health, competition, and search engine algorithms.
- Liability Limitation: DigiBiz will not be liable for any indirect, incidental, or consequential damages arising from the provision of marketing services or from the use of third-party tools and platforms.
- Maximum Liability: DigiBiz’s maximum liability for any claims arising from this agreement is limited to the amount paid by the client for the services in question.
9. Termination
Either party may terminate this agreement by providing written notice if:
- There is a material breach of these terms by the other party that is not corrected within 30 days of receiving notice.
- Either party ceases operations, enters insolvency, or declares bankruptcy.
Upon termination, all outstanding payments for services rendered will be due immediately. If you terminate services before the completion of a project, you are still responsible for the payment of services provided up to that point.
10. Force Majeure
Neither party shall be liable for any failure to perform their obligations if the failure is due to events beyond their control, including but not limited to natural disasters, strikes, labor disputes, acts of government, or any other unforeseen events that delay or prevent the completion of services.
11. Dispute Resolution
- Negotiation: Any disputes between you and DigiBiz shall first be attempted to be resolved through informal negotiation.
- Mediation: If the dispute cannot be resolved through negotiation, it may be referred to mediation in accordance with UK law.
- Jurisdiction: This Agreement is governed by and construed in accordance with the laws of England and Wales. Any legal actions or proceedings related to this Agreement shall be exclusively brought in the courts of England and Wales.
12. Amendments
DigiBiz reserves the right to amend or update these Terms and Conditions at any time. All amendments will be communicated to you, and your continued use of our services constitutes acceptance of those changes.
13. Privacy
By using our services, you consent to our Privacy Policy, which outlines how we collect, use, and store your personal data. You are responsible for ensuring that any personal data you provide to us complies with relevant data protection laws.
14. Independent Contractors
DigiBiz and you are independent contractors, and nothing in these Terms & Conditions shall be construed to create a partnership, joint venture, or employer-employee relationship.
15. Entire Agreement
This Agreement, together with any proposals, contracts, or statements of work, constitutes the entire understanding between the parties and supersedes any prior agreements or understandings, whether written or oral, related to the subject matter hereof.