Terms of Service

1. Agreement to Terms

By engaging Digitalagy for any service, signing a proposal, or paying an invoice, you agree that you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms, you are expressly prohibited from using our services.

2. Scope of Services

Digitalagy provides a variety of digital services, which may include but are not limited to:

• Digital Marketing & Media Buying: Management of ad campaigns on Meta, Google, LinkedIn, and TikTok.
• Web & App Development: WordPress CMS development, custom coding, and UI/UX design.
• Content & Branding: TVC/AVC production, graphic design, and brand guideline creation.
• Search Engine Optimization (SEO): On-page, off-page, and technical SEO implementations.

The specific deliverables, timelines, and costs for your project will be detailed in a separate Statement of Work (SOW) or invoice.

3. Third-Party Platforms (Meta, Google, etc.)

Digitalagy utilizes third-party platforms to execute marketing strategies. The Client acknowledges and agrees to the following:

• Ad Spend: Advertising budgets are billed directly to the Client by the respective platforms (e.g., Meta, Google). Digitalagy’s agency retainer fees do not include ad spend unless explicitly stated in writing.
• Account Bans & Restrictions: Platforms frequently update their algorithms and compliance policies. Digitalagy is not liable for ad account suspensions, restricted page publishing, or bans enacted by third-party platforms. We will, however, assist in the appeal process to the best of our ability.
• Performance Guarantees: While we utilize data-driven strategies (GA4, Pixel integrations) to maximize ROI, we cannot guarantee specific sales volumes, exact cost-per-click (CPC), or permanent search engine rankings due to the unpredictable nature of third-party algorithms.

4. Client Responsibilities

To ensure the successful delivery of our services, the Client agrees to:

• Provide timely access to necessary accounts, including website hosting, CMS admins, Meta Business Manager, and Google Tag Manager.
• Supply accurate business information, brand assets (logos, raw images), and prompt feedback during the revision process.
• Understand that project delays caused by the Client's failure to provide required assets or approvals may result in extended timelines.

5. Payment & Billing

All financial arrangements will be outlined in your specific contract or invoice.

• Deposits: A standard upfront deposit (typically 50% for projects, or 100% upfront for monthly retainers) is required before work commences.
• Late Fees: Invoices are due upon receipt. Digitalagy reserves the right to pause ongoing ad campaigns, halt development work, or withhold final deliverables if payments are delayed.
• Refunds: Due to the allocation of labor, strategic planning, and software resources, all payments made to Digitalagy are non-refundable once work has commenced.

6. Intellectual Property

Upon receipt of full and final payment, the Client will hold the copyright to the final finalized deliverables (e.g., website source code, finalized logos, final TVC videos).

Digitalagy retains the rights to all raw files, working files (e.g., Adobe Premiere project files, PSDs), and custom internal frameworks. Digitalagy also reserves the right to display the completed project in our portfolio, case studies, and marketing materials unless a specific Non-Disclosure Agreement (NDA) is signed.

7. Limitation of Liability

In no event shall Digitalagy, its directors, employees, or partners be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our services, even if we have been advised of the possibility of such damages.

8. Governing Law & Jurisdiction

These Terms shall be governed by and defined following the laws of the People's Republic of Bangladesh. Digitalagy and the Client irrevocably consent that the courts of Dhaka, Bangladesh, shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.