Terms and Conditions for theDigiFly

Last Updated: May 18, 2025

Welcome to theDigiFly, a Bangalore-based digital marketing agency. These Terms and Conditions (“Terms”) govern your use of our website (www.theDigiFly.com) and the services we provide, including but not limited to website design and development, social media marketing, email marketing, content writing, PPC advertising, and related digital marketing services. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. Definitions

  • “We,” “Us,” or “theDigiFly”: Refers to theDigiFly, a digital marketing agency based in Bangalore, India.

  • “You” or “Client”: Refers to any individual, business, or entity using our website or services.

  • “Services”: Refers to all digital marketing and related services provided by theDigiFly, as described on our website or in a service agreement.

  • “Website”: Refers to www.theDigiFly.com and any associated subdomains.

2. Use of Our Website

  • Eligibility: You must be at least 18 years old and have the legal capacity to enter into contracts to use our website or services.

  • Permitted Use: You may use our website to learn about our services, contact us, or engage our services. You agree not to use the website for any unlawful purpose, to distribute harmful content, or to interfere with its functionality.

  • Intellectual Property: All content on our website, including text, images, logos, and designs, is owned by or licensed to theDigiFly and protected by copyright and trademark laws. You may not reproduce, distribute, or modify any content without our written consent.

3. Our Services

  • Service Agreements: The provision of our services is subject to a separate service agreement or contract that outlines the scope, deliverables, timelines, and fees. These Terms supplement any such agreement.

  • Client Responsibilities: You agree to provide accurate information, timely feedback, and any necessary materials (e.g., logos, content, or access to accounts) to enable us to perform our services. Delays in providing materials may affect project timelines.

  • Service Limitations: While we strive to deliver high-quality services, we do not guarantee specific results, such as search engine rankings, traffic, or sales, as these depend on factors beyond our control (e.g., market conditions, third-party platforms).

4. Fees and Payment

  • Pricing: Service fees are outlined in the service agreement or quote provided to you. All prices are exclusive of applicable taxes unless stated otherwise.

  • Payment Terms: Payments must be made as per the agreed schedule (e.g., upfront, milestone-based, or monthly). Late payments may incur interest at a rate of 1.5% per month or the maximum allowed by law.

  • Refunds: Refunds are subject to the terms of the service agreement. Generally, no refunds are provided for services already rendered or for prepaid retainers unless otherwise agreed in writing.

5. Confidentiality

  • We will treat all client-provided information (e.g., business plans, customer data) as confidential and use it solely to perform our services. You agree to treat any proprietary information shared by theDigiFly (e.g., strategies, templates) as confidential.

  • This obligation does not apply to information that is publicly available, obtained lawfully from third parties, or required to be disclosed by law.

6. Intellectual Property for Services

  • Client-Owned Materials: You retain ownership of any materials you provide (e.g., logos, images). You grant us a non-exclusive license to use these materials to perform our services.

  • Deliverables: Upon full payment, ownership of deliverables (e.g., website designs, content, or ad creatives) transfers to you, subject to any third-party licensing restrictions (e.g., stock images, fonts). We retain the right to showcase deliverables in our portfolio unless otherwise agreed.

  • Our Tools and Templates: We retain ownership of any proprietary tools, templates, or processes used to create deliverables.

7. Termination

  • By Either Party: Either party may terminate a service agreement as per its terms, typically with written notice (e.g., 30 days). You remain liable for fees for services rendered up to the termination date.

  • For Cause: We may suspend or terminate services if you fail to make payments, breach these Terms, or engage in unlawful activities.

  • Effect of Termination: Upon termination, we will deliver any completed deliverables for which payment has been received. You must cease using any licensed materials provided by us.

8. Limitation of Liability

  • To the maximum extent permitted by law, theDigiFly is not liable for indirect, incidental, or consequential damages (e.g., loss of profits, data, or business opportunities) arising from your use of our website or services.

  • Our total liability for any claim is limited to the amount you paid for the specific service giving rise to the claim.

  • We are not responsible for issues caused by third-party platforms (e.g., Google Ads, WordPress, or social media) or your failure to provide accurate information.

9. Indemnification

You agree to indemnify and hold theDigiFly harmless from any claims, losses, or damages (including legal fees) arising from your use of our services, your breach of these Terms, or your violation of any third-party rights (e.g., intellectual property or privacy rights).

10. Force Majeure

We are not liable for delays or failure to perform services due to events beyond our control, such as natural disasters, government actions, or technical outages.

11. Governing Law and Dispute Resolution

  • Governing Law: These Terms are governed by the laws of India, with the courts of Bangalore, Karnataka, having exclusive jurisdiction.

  • Dispute Resolution: Any disputes arising from these Terms or our services will be resolved through good-faith negotiation. If unresolved, disputes may be referred to mediation or arbitration in Bangalore, as agreed by both parties, before pursuing legal action.

12. Changes to These Terms

We may update these Terms to reflect changes in our practices or legal requirements. The updated Terms will be posted on our website with a revised “Last Updated” date. Continued use of our website or services after such changes constitutes your acceptance of the new Terms.

13. Miscellaneous

  • Entire Agreement: These Terms, along with any service agreement, constitute the entire agreement between you and theDigiFly, superseding any prior agreements.

  • Severability: If any provision of these Terms is found to be invalid, the remaining provisions remain in effect.

  • No Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.

  • Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights to a successor entity.

14. Contact Us

If you have questions or concerns about these Terms, please contact us:

theDigiFly
Email: reach@thedigifly.com]
Phone: +91 6360112044

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