Agreement
Please read through these Terms and Conditions carefully before using Digital Marketing Master’s services and/or website. By engaging in services with Digital Marketing Master, or by using Digital Marketing Master’s website, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change and it is your responsibility to check any changes.
The terms “Adhesion”, “we”, “us” and “our” in this document refers to Digital Marketing Master, a legal entity whose employees have limited liability.
Moral Duty of Care
Digital Marketing Master is a Digital Marketing Agency that employs industry best practices to provide products and services to a reasonable standard of quality in a professional and timely manner. Unless specifically agreed prior, Digital Marketing Master is the sole arbiter of product and service suitability.
Website & Email Services
Transfer of Ownership
Risk in and title to products and services provided to you by Digital Marketing Master shall pass to you upon receipt of cleared funds for all balances due in respect of such Products and services. This includes hosting services for websites and email systems managed by Digital Marketing Master on your behalf.
Pricing
Because Digital Marketing Master’s services are highly personalized to each customer, prices shown on Digital Marketing Master’s website, downloadable brochures and other marketing collateral are to be treated as estimates only, not as exact offers or final quotes. All prices exclude VAT unless otherwise stated. Any quote you receive from Digital Marketing Master is open for acceptance for up to 2 working weeks.
Digital Marketing Master reserves the right to change any prices at any time for any reason. If you are an existing customer, Digital Marketing Master will inform you of any pricing changes with at least 30 days’ notice. Some of Digital Marketing Master’s services require paying third party service providers on your behalf (see the Third Party Websites, Services and Tools section). Digital Marketing Master is not responsible for any pricing changes made by these third party service providers.
Please note that, although Digital Marketing Master usually provides a fixed quote, prices for website services can be subject to change after work has commenced if there is a change of scope or strategy.
Liability
Digital Marketing Master shall not be liable for any loss of profit, loss of business revenue, loss of potential savings, loss of goodwill, or for any indirect or consequential loss or damage or for any third party claims howsoever arising in connection with this Agreement or the products and/or services whether in contract, tort or otherwise.
Digital Marketing Master is not liable for any problems with and/or detriment to your email resulting from your email client’s services and/or servers not being stable, secure and/or functioning correctly. Digital Marketing Master strongly recommends you use Gmail as your email client and in doing so ensure that you read and agree to Google’s terms and conditions.
If you leave Digital Marketing Master as a service provider, it is your responsibility to ensure that all your accounts, products and assets under Digital Marketing Master’s management are carefully transferred to the new owner or manager.
Hosting Services
Digital Marketing Master does not directly host the websites it creates and/or manages, and therefore cannot be responsible for any hosting changes, errors or downtime.
Advertising Services
Campaign Budgets
Some services require Digital Marketing Master to set up expense accounts for customers with third parties. Digital Marketing Master has a moral duty of care to ensure all third party expense information is accurate but is not responsible for errors which may incur as a result of those items outlined in the section of this agreement on Errors, Accuracy and Compatibility.
On a case-by-case basis, Digital Marketing Master may allocate higher-than-agreed budgets for the purpose of improving the performance of advertising campaigns. In these circumstances, Digital Marketing Master will make best endeavors to ensure the overall advertising budget does not exceed the agreed amount.
Automatic Payments to Google AdWords
Using online advertising platforms like Google Ads and Facebook Advertising accrues a monthly balance that you automatically pay each month. Digital Marketing Master will set up these automatic payments on your behalf, Digital Marketing Master does not take a commission on any of these automatic payments, they are paid directly to the advertising platform provider (e.g. Google or Facebook). These automatic payments are completely separate to Digital Marketing Master’s campaign setup and monthly maintenance fees.
It is your responsibility to ensure that your credit card is valid and has sufficient funds to make these automatic payments each month. Otherwise, a manual payment will be required which may cause the advertising platform provider to pause your advertisements. In cases like this, Digital Marketing Master will not be responsible for any advertising downtime.
Ad Content and Approval
Digital Marketing Master will send drafted image-based ads to you for approval. Please check all ad copy for typos, copyright infringements and other content that need to be edited or removed. Digital Marketing Master employs valuable IP and industry best practices when designing these draft ads, however, if you would like to request a round of modifications, please contact Digital Marketing Master. Digital Marketing Master is happy to make a round of modifications to the ads we draft, however, Digital Marketing Master reserves the right to reject additional modification requests that it deems as nonsensical, unproductive, or cyclical. Once ads have been approved by you, Digital Marketing Master is not liable for any detrimental effects due to the ads not being accurate or satisfactory in any way.
Usually, Digital Marketing Master will also create text-based ads and it is your responsibility to check that these ads are accurate and satisfactory. Digital Marketing Master will manage the performance of these ads and test variant ads, however, Digital Marketing Master is not obligated to notify you of any changes to text-based ads.
When creating any ads for your campaign(s), Digital Marketing Master is not responsible for using any information from your website or other marketing collateral that is inconsistent, inaccurate or misleading. Digital Marketing Master is also not responsible in the unlikely event that your ads run against keywords or alongside content that is irrelevant, offensive, obscene, or otherwise objectionable.
Minimum Management Term
New advertising customers are required to commit to a minimum period of 3 full months of management services. After the first 3 months the agreement period is monthly.
Distribution, Storage and Use of Information
Information Provided by Digital Marketing Master
Digital Marketing Master provides you with information via its website (including links to other websites) and other marketing collateral. However, Digital Marketing Master is not responsible for the outcomes of any decisions you make based on this information.
Historical Information and Inconsistencies
Digital Marketing Master is not responsible for any information on its website, marketing collateral, brochures or policies (including these Terms and Conditions) becoming outdated or inconsistent with one another. Digital Marketing Master reserves the right to update any of the aforementioned individually at any time, for any reason. If you identify any information that is outdated or inconsistent, you agree to inform Digital Marketing Master.
Collecting and Sharing Messages, Content and Information
Digital Marketing Master will not sell any of your information to anyone. You agree to let Digital Marketing Master share your information with Digital Marketing Master’s third party service providers for the purposes of ensuring services are completed efficiently and to a reasonable standard of quality (see the Third Party Websites, Services and Tools section). Digital Marketing Master can not guarantee the security of the servers used by these third party service providers. If you wish for Digital Marketing Master to withhold any information from Digital Marketing Master’s third party service providers, please state so when sharing the information with Digital Marketing Master.
Digital Marketing Master reserves the right to store any of your information on local servers or via cloud services (e.g. Gmail). Digital Marketing Master is not responsible for encrypting any of your information for any reason. Digital Marketing Master is not responsible if your information is leaked due to a cyber attack or due to errors made by its employees.
If you make a review about Digital Marketing Master on any platform (e.g. Google Maps), you agree to give Digital Marketing Master permission to publish your review on Digital Marketing Master’s website, advertisements, brochures and any other marketing collateral.
By engaging with an Digital Marketing Master employee or representative regarding any of Digital Marketing Master’s services via personal and/or electronic communications (e.g. email), you agree that all contents, information and/or assets are strictly confidential, privileged and/or otherwise protected from disclosure. You agree no to share any content, information and/or assets you receive with any person or entity without Digital Marketing Master’s express permission. If you are not the intended recipient of any content, information and/or assets, you are not authorized to copy, share, or store them on a local, cloud or third party server. If you rare not the intended recipient of any content, information and/or assets, you agree to inform the sender and delete any messages, content, information and/or assets. All Digital Marketing Master employees and representatives use an email signature linking to Digital Marketing Master’s Terms and Conditions, and Privacy Policy. It is your sole responsibility to stay up to date with the most recent version of these Terms and Conditions and Privacy Policy documents.
Account, Private and Personal Information
Any changes to any type of information relevant to Digital Marketing Master’s services (e.g. street address, credit card expiry, branding, website URLs, product descriptions) must to communicated to Digital Marketing Master within 2 working weeks. Digital Marketing Master is not liable for any detrimental effects due to any information you provide being inaccurate, or becoming outdated or inconsistent.
Credit Card Information
Digital Marketing Master recommends only sharing your credit card information over media which are not likely to result in the information being digitally stored (e.g. landline phone call). By agreeing to these Terms and Conditions, you give permission to Digital Marketing Master to share and use your credit card information to third party service providers (e.g. Google Ads) on your behalf, as required to perform services.
If you share your credit card information over email, or any other media that may cause it to be stored on local or cloud servers, Digital Marketing Master is not obligated to destroy the credit card information. If you wish for Digital Marketing Master to destroy any credit card information that you believe may be stored on a local or cloud server that Digital Marketing Master uses, please inform Digital Marketing Master of the information you would like destroyed and where it is being stored.
Digital Marketing Master exercises a moral duty of care to ensure your credit card information is stored, shared and used carefully, however, Digital Marketing Master is not responsible if your credit card information is leaked due to a cyber attack or due to errors made by its employees.
General Conditions
Guarantees and Quality
Digital Marketing Master makes several guarantees on its website and other marketing collateral, however, due to the nature of the software and algorithms used by third party service providers (e.g. Google), statistically significant improvements may take several weeks (e.g. Ads campaign performance) or months (e.g. search engine optimization).
Because third party service providers (e.g. Google) and the markets they operate in are constantly evolving, Digital Marketing Master cannot guarantee that the quality of its services will last indefinitely. Digital Marketing Master cannot guarantee search engine rankings be maintained or improved as there are too many variables outside of our control. By agreeing to these Terms and Conditions, you accept that the quality and compatibility of Digital Marketing Master’s products may be affected by new technology, legislation and other unforeseen factors.
The results of a service that Digital Marketing Master offers is significantly dependent on other services that Digital Marketing Master also offers. For example, a well-constructed AdWords campaign with above average Quality Scores and Click Through Rates may have below average Conversions because the linked website is not at all optimized. For this reason, Digital Marketing Master can not be responsible for products that under perform because other related assets have not been optimized. Digital Marketing Master highly recommends enlisting our advised range of services to maximize synergistic benefits for your business.
Errors, Accuracy and Compatibility
Digital Marketing Master can not guarantee all services will be completed without error. If you become aware of any errors of any nature, you must inform Digital Marketing Master within 7 days. Digital Marketing Master will correct any errors or inaccuracies but is not responsible for any adverse effect on web traffic, leads, sales, revenue or other qualitative or quantitative measure.
Digital Marketing Master tests content on various popular internet browsers, platforms and/or applications, however Digital Marketing Master cannot guarantee that its content will be supported by every browser, platform and/or application (and all of their versions).
Deadlines
Digital Marketing Master is responsible for providing a realistic deadline, to the best of Digital Marketing Master’s knowledge, for any service upon agreement. Specified deadlines are to be treated as estimates only and Digital Marketing Master is not responsible for not completing any service within any specified deadline. Changes to any deadline must be communicated with the other party within 2 working weeks.
Changes to Services
Digital Marketing Master’s services rely on third party service providers (see the Third Party Websites, Services and Tools section) and changes made by these third party service providers may require Digital Marketing Master to change its services. Digital Marketing Master reserves the right to change any service at any time for any reason.
Backing Up Existing Accounts and Data
Digital Marketing Master’s services often requires it to work with your existing accounts, files, data and other assets (e.g. Ads campaign, website CMS). Digital Marketing Master will try to ensure none of your existing accounts, files, data and other assets are deleted or overridden, however, it is your responsibility to ensure these are backed up so nothing can be permanently lost or corrupted.
Cyber Attacks and Malicious Behaviour
You agree not to directly or indirectly disrupt our services, employees, clients or affiliates using computer viruses, worms, bugs, malware or any code of a disruptive nature. You agree to not directly, or via a third-party, infiltrate Digital Marketing Master’s website, accounts and/or servers.
Third Party Websites, Services and Tools
Digital Marketing Master uses third party service providers in order to provide its services (including but in no way limited to Google Ads, Facebook, Gmail and more). For privacy reasons, please ask Digital Marketing Master for a full list of third party service providers that we will use to complete services for you.
By agreeing to these Terms and Conditions, you also agree to the Terms and Conditions of all our third party service providers, as noted above. Digital Marketing Master may accept the Terms and Conditions of these third parties on your behalf and it is your responsibility to read and agree to the Terms and Conditions of these third parties.
You give permission for Digital Marketing Master to create accounts with these third parties under your name, using any information you have provided (please see the Credit Card Information section for more details).
Digital Marketing Master references third party tools on its website and other marketing collateral. You agree that, if you use any of these tools for any reason, it is at your own risk and Digital Marketing Master accepts no responsibility.
Copyright, Trademarks and Intellectual Property
Digital Marketing Master will create temporary and/or permanent copy and content for websites, ads and other services. In some cases, Digital Marketing Master will explicitly ask for your approval before continuing with a service. Otherwise, it is your responsibility to check all copy and content, and inform Digital Marketing Master of any errors, typos, infringements and/or other copy or content that needs to be edited or removed.
You agree to inform Digital Marketing Master of any copyright and trademarks that should or should not be used in creating your website(s), advertisement(s) and/or other products. Digital Marketing Master is not responsible for any copyright, trademark or intellectual property infringements in your products. Any content provided by you must not be plagiarized, misleading or inaccurate.
Billing
The majority of Digital Marketing Master’s services and invoices are based on a 31 day calendar period and are invoiced in arrears.
New advertising customers are required to commit to a minimum period of 3 full months of management services. After the first 3 months the agreement period is monthly.
After the first 3 months, if you terminate any ongoing service (e.g. AdWords management) after the first 5 business days of any month, Digital Marketing Master reserves the right to charge you in full for that month. If you terminate any one-off service (e.g. Website build) before its completion, Digital Marketing Master reserves the right to charge you in full, or in part, for any work already completed. There is no standardized cancellation fee for terminating any service. Digital Marketing Master reserves the right to charge a fee for payments made to Digital Marketing Master using a credit card (typically about 3%).
You have 7 days to make any payments, including deposits and progress payments, invoiced to you by Digital Marketing Master. You agree to inform Digital Marketing Master, within 7 days of being invoiced, of any failure to make a payment for any reason.
You agree to inform Digital Marketing Master, within 1 working week, of any events or changes that affect your ability to pay foreseeable invoices in full and on time. This includes any existing financial hardships, relevant debts and/or cash flow problems.
Collecting Debt
If you do not complete any payment in full within 7 days of being invoiced, Digital Marketing Master reserves the right to engage any debt collection agency. Digital Marketing Master reserves the right to share any of your relevant information to a debt collection agency as required for them to perform their services. In the likely event that the debt collection agency takes a commission and/or charges any collection fees, you are liable for covering these costs. You therefore agree to pay any collection fees to either the debt collection agency or Digital Marketing Master (as per Digital Marketing Master’s circumstantial instruction), as well as reimburse Digital Marketing Master for any commission the debt collecting agency takes. Digital Marketing Master is not responsible for any adverse effects due to the debt collection process, including (but in no way limited to) harm to your credit ratings and any other collateral damage, whether foreseeable or not.
Returns and Refunds
Digital Marketing Master is not responsible for not being able to complete or continue any service due to unforeseeable circumstances, including but in no way limited to damage to workplace, serious illness and natural disasters. Any deposits and/or progress payments made to Digital Marketing Master are non-refundable, however, Digital Marketing Master may refund any payment in full, or in part, at Digital Marketing Master’s sole discretion.
Terminations and Refusal of Services
If you do not fully complete payments that Digital Marketing Master has invoiced to you, if you breach any of these Terms and Conditions, or if you use Digital Marketing Master’s products or services for illegal or unauthorized purposes, Digital Marketing Master reserves the right to withhold and destroy any accounts, products and assets (see the Website Services section for more details).
Digital Marketing Master reserves the right to refuse or limit service to anyone for any reason at any time. This may include individuals, groups or authorities outside of UK.
You agree to give permission to Digital Marketing Master to perform a credit check at any time. If Digital Marketing Master’s services have already commenced before a credit check is conducted, Digital Marketing Master reserves the right to terminate all current and future services if Digital Marketing Master deems that you do not have the funds or capacity to complete all payment in full and on time.
If you leave Digital Marketing Master as a service provider and take with you any products, accounts or content (or transfer them to another third-party), Digital Marketing Master will not be liable for any decrease in performance, quality, compatibility and/or function.
FORCE MAJEURE
Neither party shall be liable to the other for failure or delay in the performance of any of its obligations under this Agreement for the time and the extent such failure or delay is caused by riots, civil commotions, wars, hostilities between nations, governmental laws, orders or regulations, embargoes, action of the government or any agency thereof, acts of God, unforeseen storms, fires, accidents, strikes, sabotage, explosion, or other similar or different contingencies beyond the reasonable control of the respective parties, provided that this Clause shall not apply in any way to and may not excuse any failure or delay in any payment required to be made under this Agreement.
