Terms that keep things clear
1. Parties & definitions
In these Terms, “we/us” means Digital Media Eyes. “You” means the site visitor, client or user. “Services” refers to our offerings including digital marketing, design, development, content strategy and related digital services. Use of our website or services constitutes your acknowledgment and acceptance of these Terms.
2. Use of site & eligibility
By accessing or using digitalmediaeyes.com or contracting our Services, you affirm that you are at least 18 years of age and legally capable of entering into binding agreements. You agree to use the site and Services lawfully, and not to interfere with or misuse any part of the site, systems or implementations. You must not attempt to gain unauthorized access to the website or Services or attempt any disruptive or harmful activities.
3. Services, proposals & contracts
All services for which you engage us begin only when we provide you with a written proposal, quote or statement of work and you accept it in writing. Until such agreement, we make no commitment to start work or deliver results. Scope, timeline, deliverables, fees and payment terms will be detailed in the Statement of Work (SOW) or contract that you sign. Any changes to scope or timeline must be mutually agreed in writing. We are not responsible for work or hours beyond what is agreed unless we mutually agree and you sign an updated SOW.
4. Payment, fees & refunds
Fees for our Services are set out in the agreement. Payment may involve a retainer, milestone payments or full upfront payment depending on the project. Unless otherwise specified, fees are non-refundable once the Service has commenced and you have signed the agreement. If refunds are considered, they will only be processed according to the terms in your contract or by applicable statutory law. Late payments may incur interest or service suspension. Any additional expenses incurred (such as third-party software licenses or stock assets required for the project) must be pre-approved and are payable by you unless otherwise agreed.
5. Intellectual property
We retain ownership of all intellectual property, templates, tools, methodologies and pre-existing materials developed by us prior to or outside your project. On full payment of your project fees, we grant you a non exclusive, non-transferable licence to use the deliverables for the purposes set out in the agreement. You may not resell, sublicense or distribute our materials beyond the agreed usage. Any third-party licences or rights required are your responsibility unless otherwise stated in the contract.
6. User content & rights
If you provide content (such as logos, images, copy or video assets) you represent that you either own such content or have the necessary rights or permissions to allow us to use them. By sharing such materials you grant us a limited licence during the project to use, reproduce, adapt and publish them solely as required for the Services. You agree to indemnify us for any claim arising from infringement or unauthorised use of third-party rights in the content you provide.
7. Confidentiality
Each party agrees to keep confidential the other party’s sensitive information (including business plans, proposals, non-public technical data, pricing, and strategy) that is identified as confidential or would reasonably be understood to be confidential. Confidential information may only be used to perform the Services and is not to be disclosed to any third party without prior written consent. Confidential obligations survive termination of the agreement for a period of three (3) years, unless otherwise agreed.
8. Acceptable use & prohibited acts
You must not use our Services or the site to publish, transmit, or facilitate any content that is illegal, obscene, defamatory, infringing, or harmful. We reserve the right to suspend or terminate your Services or access to the website if you engage in unlawful or inappropriate behaviour. We may refuse to provide Services for uses that we reasonably consider abusive, fraudulent, or that would damage our reputation or interfere with our operations.
9. Third-party services
We may rely on third-party providers (hosting, analytics, ad networks, payment gateways) as part of our Services. While we select reputable providers and monitor compliance, we cannot be held responsible for their terms or actions. Your use of third-party services may be subject to separate terms and conditions. We shall assist you in understanding relevant third-party policies where required.
10. Warranties & disclaimer
We commit to providing the Services with reasonable skill, care and professionalism in line with industry standards. However, we do not guarantee specific results (such as rankings, conversions or sales) since outcome depends on many factors outside our control (market conditions, client cooperation, third-party system changes). Except to the extent required by applicable law, all other warranties (express or implied) are excluded.
11. Limitation of liability
To the maximum extent permitted by law, our total liability for any claim arising under or in connection with the Services or the site shall not exceed the fees paid by you for the specific Service in the twelve (12) months preceding the claim. We are not liable for indirect, special, incidental or consequential losses including lost profits or business interruption.
12. Indemnity
You agree to indemnify and hold us harmless against any claim, loss, damage, liability or expense (including legal costs) arising from your breach of representations, warranties or obligations under this agreement, or your misuse of the Services, including your provided content or third-party requirements.
13. Termination
Either party may terminate the agreement in the manner described in the contract. On termination you must pay any outstanding fees and reimburse us for any reasonable costs. Upon termination we will return or securely destroy any
confidential information and your materials, subject to contract terms and applicable law. Sections 5 (Intellectual Property), 7 (Confidentiality), 11 (Limitation of Liability) and 12 (Indemnity) survive termination.
14. Governing law & dispute resolution
These Terms are governed by the laws of the jurisdiction stated in your contract (for example, India). Both parties agree that any dispute will first be addressed through good-faith negotiation. If unresolved, disputes may be submitted to binding arbitration or the courts specified in your contract.
15. Changes to terms
We may update these Terms periodically to reflect changes in our Services, technology, or legal obligations. Material changes will be posted on our website and will take effect thirty (30) days after notification, unless immediate effect is required by law.
16. Contact
For questions regarding these Terms email : privacy@digitalmediaeyes.com