Terms & Conditions

The Digital Cafe Agency Terms & Conditions

1. Introduction
These Terms & Conditions ("Agreement") govern the provision of digital marketing services ("Services") by The Digital Cafe ("Agency," "we," "us," or "our") to the client ("Client," "you," or "your"). By engaging in any Services provided by the Agency, the Client agrees to be bound by the terms outlined herein.
2. Services Provided
The Agency offers the following digital marketing services, which may include but are not limited to: • Search Engine Optimization (SEO) • Pay-per-click Advertising (PPC) • Social Media Marketing (SMM) • Email Marketing • Content Creation and Strategy • Website Development and Maintenance • Brand Strategy and Design • Analytics and Reporting Specific services will be outlined in the individual project agreement or statement of work ("SOW").
3. Scope of Work
The scope of the Services will be defined in the individual project proposal or SOW. Any additional services not specified in the initial agreement will require a separate agreement or an amendment to this Agreement. The Client acknowledges that any work outside of the agreed-upon scope will be subject to additional charges and timelines.
4. Client Responsibilities
The Client agrees to:
• Provide timely access to necessary information, content, and resources to ensure the success of the project.
• Approve or provide feedback on deliverables within the specified timeframe.
• Ensure that any materials provided to the Agency do not infringe on any third-party intellectual property rights.
• Maintain clear communication with the Agency throughout the project.
5. Payment Terms
• Payment for Services will be outlined in the SOW or project proposal.
• The Client agrees to pay the agreed-upon fees for the Services provided by the Agency.
• Payments may be required upfront, in installments, or upon completion of specific milestones.
• Late payments may be subject to interest charges or suspension of services.
• All fees are non-refundable unless otherwise specified.
6. Confidentiality
Both parties agree to keep all proprietary and confidential information exchanged during the project confidential and not to disclose such information to any third party without the prior written consent of the other party. This confidentiality obligation will remain in effect even after the completion of the Services.
7. Intellectual Property
• The Agency retains ownership of all intellectual property rights in the deliverables (e.g., designs, content, software) created as part of the Services until full payment has been received from the Client.
• Upon full payment, the Client will be granted a non-exclusive, royalty-free license to use the deliverables for the purpose for which they were created.
• Any pre-existing intellectual property of either party (e.g., software, branding, or content) remains the sole property of the originating party.
8. Termination
Either party may terminate this Agreement with written notice if the other party:
• Breaches any term of this Agreement and fails to remedy such breach within 10 business days of notice.
• Become insolvent, files for bankruptcy, or undergoes liquidation.
In the event of termination, the Client agrees to pay for all services rendered up until the date of termination. Any outstanding fees will remain due and payable.
9. Limitation of Liability
The Agency will not be liable for any indirect, incidental, special, or consequential damages arising from the provision of Services. The total liability of the Agency will be limited to the amount paid by the Client for the specific Services in question.
10. Dispute Resolution
Any disputes arising out of or in connection with this Agreement shall be resolved through negotiation between the parties. If a resolution cannot be reached, the dispute will be submitted to mediation or binding arbitration under the laws of Maharashtra, India.
11. Governing Law
This Agreement will be governed by and construed in accordance with the laws of Maharashtra, India, without regard to its conflict of law principles.
12. Force Majeure
The Agency will not be held liable for failure or delay in performing its obligations under this Agreement if such failure or delay is caused by events beyond its reasonable control, including, but not limited to, natural disasters, acts of government, or failure of third-party services.
13. Amendments
The Agency reserves the right to amend these Terms & Conditions at any time. Any changes will be communicated to the Client and will take effect immediately unless otherwise stated.
14. Entire Agreement
This Agreement, together with any SOWs or project proposals, constitutes the entire agreement between the parties and supersedes any prior agreements, representations, or understandings, whether written or oral.

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