These Terms and Conditions ("Terms") govern the relationship between [Your Digital Agency Name] ("the Agency," "we," "us") and our clients ("you," "your") engaging with us for digital marketing, web development, design, and related services. By engaging with our services, you agree to abide by these Terms. Please read them carefully.
2.1 Scope of Services: We offer a range of digital marketing, web development, and design services, which are outlined in our proposals and contracts. The scope of services will be specified in writing.
2.2 Changes to Services: Any changes to the scope of services must be agreed upon in writing and may result in adjustments to project timelines and costs.
3.1 Fees: Payment terms and fees for our services are outlined in our proposals and contracts. Unless otherwise specified, fees are due in accordance with the agreed-upon schedule.
3.2 Late Payments: Late payments may incur additional charges or result in the suspension of services. Any outstanding payments must be settled promptly to resume service.
Both parties agree to maintain the confidentiality of any sensitive information shared during the engagement, including but not limited to proprietary business information, strategies, and trade secrets.
5. Intellectual Property
5.1 Ownership: You retain ownership of any pre-existing intellectual property. All new intellectual property created during the engagement will be discussed and agreed upon in advance.
5.2 License: We grant you a non-exclusive, non-transferable license to use any intellectual property developed for your project solely for its intended purpose.
Either party may terminate the engagement with written notice, subject to any agreed-upon termination fees or project completion requirements.
7. Dispute Resolution
In the event of a dispute, both parties agree to engage in good faith negotiations to reach a resolution. If an agreement cannot be reached, the parties may pursue legal remedies as necessary.
8. Limitation of Liability
To the extent permitted by law, our liability for any claims arising from our services is limited to the fees paid for those services. We are not liable for any indirect, incidental, or consequential damages.
9. Governing Law
These Terms and the engagement between the parties are governed by the laws of the State of Hawaii. Any legal actions shall be brought in the state or federal courts located in Hawaii.
10. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations, whether oral or written.
11. Changes to Terms
We may update these Terms at our discretion. Any changes will be communicated to you in writing, and continued engagement with our services will constitute acceptance of the updated Terms.
By engaging with our digital agency, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or require clarification on any aspect of these Terms, please feel free to contact us.
Effective Date: 2023
2. Information We Collect
2.1 Personal Information: We may collect personal information, such as your name, email address, phone number, and billing information, when you engage with our services, request information, or sign up for newsletters.
2.2 Usage Information: We may collect non-personal information about your interactions with our website and services, such as your IP address, browser type, and pages viewed.
3. How We Use Your Information
3.1 To Provide Services: We use your personal information to deliver our digital marketing, web development, design, and related services as agreed upon.
3.2 Communication: We may use your contact information to respond to your inquiries, send service-related updates, and provide customer support.
3.3 Marketing: With your consent, we may send you promotional communications about our services, special offers, or newsletters. You can opt out of these communications at any time.
3.4 Analytics: We may use usage information and analytics tools to improve our website and services, analyze user behavior, and measure the effectiveness of our marketing efforts.
4. Information Sharing
We do not sell, trade, or rent your personal information to third parties. We may share your information with trusted service providers who assist us in delivering our services, but they are bound by confidentiality agreements and are prohibited from using your information for any other purpose.
5. Data Security
We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of data transmission over the internet is entirely secure, and we cannot guarantee the absolute security of your information.
6. Your Choices
You have the following choices regarding your personal information:
6.1 Access and Correction: You may request access to and correction of your personal information that we hold.
6.2 Opt-Out: You can opt out of receiving promotional communications from us by following the instructions provided in those communications.
6.3 Cookies: You can manage your cookie preferences through your browser settings.
7. Children's Privacy
Our services are not intended for children under the age of 13. We do not knowingly collect or maintain personal information from children.
9. Contact Us