Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "User") and DigiSky ("Company", "we", "us"). By using our website or services, you confirm you are at least 18 years old and have authority to enter into this agreement.

2. Services

DigiSky provides digital marketing services including but not limited to:

• Search Engine Optimization (SEO)
• Paid advertising management (Google Ads, Meta Ads, etc.)
• Social media marketing and management
• Web and mobile application development
• Content marketing and creation
• E-commerce and marketplace management
• Programmatic advertising and ad technology

Specific service deliverables, timelines, and fees are outlined in individual project agreements or statements of work.

3. Client Responsibilities

You agree to:

• Provide accurate, complete, and timely information required for service delivery
• Grant necessary access to ad accounts, website, analytics, and platforms
• Review and approve deliverables within agreed timelines
• Ensure all content provided to us does not infringe third-party intellectual property rights
• Comply with all applicable laws, including advertising regulations and consumer protection laws
• Pay invoices within agreed payment terms

4. Payment Terms

• Retainer fees are due on the 1st of each month in advance
• Project fees follow the milestone schedule in the project agreement
• Late payments incur 2% monthly interest after 15 days
• We reserve the right to pause services for accounts overdue by more than 30 days
• All fees are exclusive of applicable taxes (GST, etc.)
• Ad spend budgets are separate from agency fees and paid directly to platforms

5. Intellectual Property

Our IP

Our methodologies, tools, templates, and proprietary systems remain our intellectual property. You receive a non-exclusive license to use deliverables created specifically for you upon full payment.

Your IP

You retain ownership of all content, brand assets, and materials you provide to us. You grant us a license to use them solely to perform the agreed services.

Work product

Upon full payment, all final deliverables (website code, creatives, content) created exclusively for your project transfer to you.

6. Confidentiality

Both parties agree to keep confidential any proprietary information, business strategies, financial data, and trade secrets disclosed during the engagement. This obligation survives termination of the agreement for 3 years.

7. Performance & Results

Digital marketing results depend on many factors outside our control (algorithm changes, market conditions, competitor actions, ad platform policies). We do not guarantee specific results such as a particular number of leads, sales, or ranking positions. We do guarantee best-effort professional service delivery.

8. Termination

• Either party may terminate retainer agreements with 30 days written notice
• Project agreements may be terminated for material breach with 14 days notice to cure
• Upon termination, you will receive all paid-for deliverables completed to that point
• Fees for work completed prior to termination are non-refundable
• We will transfer all account access, assets, and data to you within 7 days of termination

9. Limitation of Liability

To the maximum extent permitted by law, DigiSky's total liability for any claim arising from our services shall not exceed the total fees paid by you in the 3 months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits or revenue.

10. Indemnification

You agree to indemnify and hold DigiSky harmless from claims, losses, and expenses (including legal fees) arising from your breach of these Terms, misuse of our services, or infringement of third-party rights through content you provide.

11. Governing Law

These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of courts in Jaipur, Rajasthan, India. Parties agree to first attempt resolution through good-faith negotiation before initiating legal proceedings.

12. Changes to Terms

We reserve the right to modify these Terms at any time. Continued use of our services after notification of changes constitutes acceptance. We will provide 30 days notice for material changes to existing client agreements.

13. Contact

For questions about these Terms:

• Email: legal@digisky.live
• Phone: +91 80036 18888
• Address: DigiSky, Vidyadhar Nagar, Jaipur, Rajasthan 302023, India