Welcome to DigitalArk (accessible from www.digitalark.com). By accessing or using our website, services, and digital marketing tools, you agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully before using our platform or engaging our services.
If you do not agree to all of these Terms, you are expressly prohibited from using the site or our services and must discontinue use immediately.
1. Services Offered
DigitalArk provides digital marketing services, including but not limited to Search Engine Optimization (SEO), Pay-Per-Click (PPC) advertising, Social Media Management, Content Creation, Web Design, and Marketing Analytics Consulting.
-
Service Agreements: Specific scopes of work, deliverables, timelines, and payment terms for client projects will be governed by individual Client Service Contracts or Statements of Work (SOW) executed separately between DigitalArk and the client.
-
Modifications: DigitalArk reserves the right to modify, suspend, or discontinue any aspect of our services or website at any time without prior notice.
2. Intellectual Property Rights
Unless otherwise indicated, DigitalArk owns all rights, titles, and interests in the website, including source code, databases, software, website designs, audio, video, text, photographs, and graphics (“Content”), as well as the trademarks, service marks, and logos contained therein (“Marks”).
-
Our Content: Our Content and Marks are protected by copyright and trademark laws. You are granted a limited license to access and use the site strictly for personal, internal, or non-commercial informational purposes.
-
Client Deliverables: Upon full payment of all fees owed, the client retains ownership of custom graphics, copy, and specific deliverables created for their marketing campaigns, while DigitalArk retains rights to proprietary tools, templates, and frameworks used to create them.
3. User Responsibilities & Prohibited Activities
When accessing or using the DigitalArk website, you agree not to:
-
Use the website for any unlawful, fraudulent, or unauthorized purpose.
-
Systematically retrieve data or content from the site to create or compile a database or directory without written permission from DigitalArk.
-
Circumvent, disable, or interfere with security-related features of the site.
-
Upload or transmit viruses, Trojan horses, or other harmful materials that interfere with any party’s uninterrupted use of the platform.
-
Impersonate another user or entity or misrepresent your affiliation with a person or entity.
4. Fees, Billing, and Payments
-
Payment Terms: Fees for digital marketing services are billed according to the agreed-upon SOW or service contract. Payments are due upon receipt of invoice unless otherwise agreed upon in writing.
-
Third-Party Costs: Digital advertising budgets (e.g., Google Ads, Meta Ads budgets) are paid directly by the client to the respective third-party ad platforms unless explicitly managed under an all-inclusive retainer agreement.
-
Non-Refundable Fees: Due to the nature of digital marketing services, setup fees, strategy consultations, and completed work cycles are strictly non-refundable.
5. Disclaimer of Performance Guarantees
DigitalArk uses industry best practices to optimize marketing campaigns for search engines, ad networks, and social platforms. However:
-
Third-party algorithms (such as Google, Meta, or LinkedIn) are beyond our direct control.
-
No Guarantees: DigitalArk does not guarantee specific organic ranking positions, exact conversion numbers, viral reach, or sales revenue numbers. Past campaign results do not guarantee future performance.
6. Limitation of Liability
To the fullest extent permitted by law, DigitalArk, its directors, employees, or partners, shall not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages—including lost profit, lost revenue, or loss of data—arising from your use of the site or our services, even if we have been advised of the possibility of such damages.
7. Third-Party Websites and Tools
Our website and campaign strategies may contain links to third-party platforms, tools, or websites (e.g., Google Analytics, HubSpot, WordPress). DigitalArk is not responsible for the content, privacy policies, or practices of any third-party websites or services.
8. Term and Termination
These Terms remain in full force and effect while you use the site or engage DigitalArk’s services. We reserve the right to terminate or suspend your access to the site or terminate a service agreement immediately, without notice, if you breach any provision of these Terms.
9. Governing Law
These Terms and your use of the site are governed by and construed in accordance with the laws of [Your Jurisdiction / State / Country], without regard to its conflict of law principles.
10. Contact Us
If you have questions, concerns, or comments regarding these Terms and Conditions, please reach out to us at:
-
DigitalArk
-
Email: legal@digitalark.com
-
Website: www.digitalark.com/contact
