TERMS AND CONDITIONS
1. Acceptance of Terms:
By accessing, purchasing, or using any services provided by Digitarks, LLC (“Digitarks,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions. If you do not agree, you may not use our services.
2. Definitions:
Client: Any individual or business that purchases or uses Digitarks services.
Services: Any digital marketing, automation, website, CRM, SaaS, consulting, or related services provided by Digitarks.
Agreement: These Terms and Conditions, together with any proposal, invoice, subscription plan, or written agreement.
3. Scope of Services:
Digitarks provides services including, but not limited to:
- Website design and development
- CRM and automation setup (including third-party platforms)
- Digital marketing strategy
- Lead generation systems
- Social media services
- Consulting and ongoing support
The exact scope of services is defined in the Client’s proposal, subscription plan, invoice, or written agreement. Any work outside the agreed scope may require additional fees.
4. Payments & Billing:
- Fees: All fees are outlined in the proposal, subscription plan, or invoice.
- Payment Terms: Payments are due in advance unless otherwise stated in writing.
- Recurring Services: Monthly or recurring services are billed automatically.
- Late Payments: Digitarks reserves the right to suspend or terminate services if payment is late or declined.
- Third-Party Costs: Advertising spend, software licenses, domains, hosting, SMS/email credits, or third-party tools are not included unless explicitly stated.
All payments are non-refundable, unless otherwise agreed in writing.
5. No Guarantee of Results:
Digitarks does not guarantee specific results, including but not limited to: Revenue, Leads, Conversions, Search engine rankings, and Advertising performance
Results depend on multiple factors outside Digitarks’ control, including market conditions, client responsiveness, budget, and external platforms.
6. Client Responsibilities:
The Client agrees to:
Provide accurate information, access, and materials in a timely manner
Maintain required third-party accounts (domains, hosting, ad accounts, CRM, etc.)
Comply with all applicable laws and platform policies
Review and approve work promptly
Delays caused by the Client may impact timelines and outcomes.
7. Intellectual Property:
Digitarks Property: All systems, workflows, templates, strategies, designs, code, and frameworks created by Digitarks remain our intellectual property unless otherwise agreed in writing.
License to Client: Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the deliverables for their intended business purposes.
Client Materials: The Client confirms they own or have rights to any materials they provide to Digitarks.
8. Confidentiality:
Both parties agree to keep confidential any non-public, proprietary, or sensitive information shared during the business relationship, unless disclosure is required by law.
9. Third-Party Platforms & Tools:
Digitarks may use third-party platforms (such as CRMs, hosting providers, ad platforms, automation tools, or AI services). Digitarks is not responsible for outages, policy changes, pricing changes, or limitations imposed by third parties.
10. Limitation of Liability:
To the maximum extent permitted by law:
Digitarks shall not be liable for indirect, incidental, special, or consequential damages.
Digitarks’ total liability shall not exceed the amount paid by the Client in the last 30 days of services.
11. Termination:
By Client: The Client may cancel services according to the cancellation terms stated in their agreement or subscription plan.
By Digitarks: Digitarks may suspend or terminate services for non-payment, misuse, or violation of these Terms.
Effect of Termination: Fees already paid are non-refundable, and access to systems may be revoked upon termination.
12. Non-Disparagement:
The Client agrees not to make false, misleading, or defamatory statements about Digitarks, its services, or its team.
13. Governing Law:
These Terms shall be governed by and interpreted under the laws of the State of North Carolina, United States, without regard to conflict of law principles.
14. Changes to Terms:
Digitarks reserves the right to modify these Terms at any time. Updated terms will be posted on our website, and continued use of services constitutes acceptance of the revised Terms.
