General Terms and Service Overview

Welcome to DigitalGrafiks's website (the "Website"). These Terms and Conditions ("Terms") govern your use of our digital marketing services (the "Services") and your interaction with this Website. By accessing this Website, engaging our Services, or entering into any agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using our Website and Services.

Digital Grafiks offers a range of digital marketing services, including but not limited to:

  • Search Engine Optimization (SEO)

  • Social Media Management and Marketing

  • Pay-Per-Click (PPC) Advertising

  • Content Marketing and Creation

  • Website Design and Development

  • Email Marketing

  • Analytics Tracking and Reporting

  • Conversion Rate Optimization (CRO)

  • Marketing Automation

The specific scope, timelines, deliverables, and fees for any Services will be outlined in a separate formal agreement, proposal, or contract (the "Agreement"). These Terms apply generally to all our Services, and the Agreement will supersede these Terms in case of any direct conflict regarding the specifics of a project.

Client Responsibilities and Payment

To ensure the effective delivery of our Services, you, the client, agree to the following:
  • Provision of Information: You will provide us with all necessary information, access, materials, and approvals promptly and accurately as reasonably requested by us. This may include website access, social media credentials, branding guidelines, marketing goals, and other relevant information.

  • Responsiveness: You will be responsive to our communications, providing timely feedback and approvals as required for project progression.

  • Compliance with Laws: You warrant that all materials provided by you comply with all applicable laws, regulations, and third-party rights, including copyright, trademark, and privacy laws.

  • Payment of Fees: You will pay the fees for the Services as outlined in the Agreement according to the agreed-upon schedule.

  • Cooperation: You will cooperate with us in good faith to facilitate the successful completion of the Services.

Any delays in the provision of information, approvals, or payments caused by you may result in adjustments to project timelines and may be subject to additional charges, as determined by DigitalGrafiks.

  • Fees: The fees for our Services will be as specified in the Agreement. Unless otherwise stated, all fees are exclusive of applicable taxes.

  • Invoicing and Payment Schedule: Invoices will be issued according to the schedule outlined in the Agreement. Payment terms are typically net 10 days from the invoice date.

  • Payment Methods: Payments can be made via bank transfer, credit card, online payment platforms.

  • Late Payments: Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower, on the outstanding balance until paid in full. We reserve the right to suspend or terminate Services in the event of consistently late or unpaid invoices.

  • Deposits and Setup Fees: Initial deposits or setup fees, as specified in the Agreement, are non-refundable unless we fail to deliver the initial agreed-upon deliverables.

Any modifications or changes to the agreed-upon scope of Services must be documented in writing and signed by both parties (a "Change Order"). Change Orders may result in adjustments to timelines and fees. We reserve the right to refuse requests for modifications that are not feasible or are outside the scope of our expertise.

Limitations and Intellectual Property

While we utilize industry best practices and strive to achieve your marketing goals, you acknowledge that digital marketing outcomes are subject to numerous factors beyond our direct control, including but not limited to:

  • Search engine algorithm changes

  • Social media platform updates

  • Competitor activities

  • Market conditions

  • Changes in consumer behavior
Therefore, Digital Grafiks does not guarantee specific results, such as website rankings, traffic volumes, lead generation, sales conversions, or return on investment (ROI). Any projections or estimations provided by us are for illustrative purposes only and should not be interpreted as guarantees.

  • Client Materials: All intellectual property rights in the materials provided by you remain your sole property. You grant Digital Grafiks a non-exclusive, royalty-free license to use, reproduce, modify, and display such materials solely for the purpose of providing the Services.

  • Agency Materials: All creative content, strategies, methodologies, software, tools, templates, and deliverables created by Digital Grafiks as part of the Services (excluding client-provided materials) remain the intellectual property of Digital Marketing until full payment for the relevant Services has been received.

  • Transfer of Rights: Upon full and final payment as outlined in the Agreement, ownership rights for the specific deliverables explicitly designated for transfer in the Agreement will be transferred to you. However, Digital Grafiks retains ownership of its proprietary tools, methodologies, and general marketing knowledge.

  • Attribution: We reserve the right to include a discreet attribution or credit to Digital Grafiks on publicly displayed deliverables where appropriate, such as website footers or design portfolios.

Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared between them during the course of the engagement ("Confidential Information"). Confidential Information includes, but is not limited to, business plans, financial information, customer data, marketing strategies, and unpublished materials. This obligation of confidentiality will survive the termination of the Agreement. Neither party will disclose the other's Confidential Information to any third party without prior written consent, except when required by law.

Legal and Concluding Terms

  • Termination by Either Party: Either party may terminate the Agreement with 30 days written notice to the other party.

  • Termination for Cause: Either party may terminate the Agreement immediately upon written notice if the other party materially breaches any provision of the Agreement and fails to cure such breach within 15 days after receiving written notice of the breach.

  • Effect of Termination: Upon termination, you will be liable for payment for all Services performed up to the date of termination, as well as any non-cancellable expenses incurred by us on your behalf. Any outstanding payments must be settled immediately. Services already initiated or completed are generally not eligible for refunds upon termination, unless otherwise specified in the Agreement.

To the maximum extent permitted by applicable law, [Your Digital Marketing Company Name]'s liability to you for any claims arising out of or in connection with the Services or these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total fees paid by you to [Your Digital Marketing Company Name] for the specific Services that gave rise to the claim in the [Specify preceding timeframe, e.g., six (6) months] immediately preceding the date the claim arose.  

In no event shall [Your Digital Marketing Company Name] be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or business interruption, arising out of or in any way connected with the use of or inability to use the Services, even if [Your Digital Marketing Company Name] has been advised of the possibility of such damages.

You agree to indemnify, defend, and hold harmless Digital Grafiks, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your breach of these Terms or the Agreement.

  • Your use of the Services.

  • Any materials provided by you that infringe upon the intellectual property rights or other rights of any third party.

  • Your violation of any applicable laws or regulations.

Digital Grafiks shall not be liable for any failure or delay in the performance of its obligations under these Terms or the Agreement arising out of or caused by any event beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, strikes, lockouts, labor disputes, technical failures (including internet outages), governmental actions, or any other similar events ("Force Majeure Event"). In the event of a Force Majeure Event, Digital Grafiks will use commercially reasonable efforts to resume performance as soon as practicable.

Digital Grafiks reserves the right to update, modify, or revise these Terms at any time without prior notice. Any changes to the Terms will be effective upon posting on this Website. Your continued use of the Website or engagement of our Services after the posting of any revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for any updates.

These Terms and any Agreement entered into pursuant to these Terms shall be governed by and construed in accordance with the laws of [Specify governing jurisdiction, e.g., the State of Delhi, India], without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the courts located in New Delhi, India, and you hereby consent to the jurisdiction of such courts.

These Terms, together with any applicable Agreement, constitute the entire agreement between you and Digital Grafiks with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be struck and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

No waiver by Digital Grafiks of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision.

If you have any questions or concerns regarding these Terms, please contact us at:

Digital Garfiks

contactus@digitalgrafiks.com