1. Acceptance of Terms
Welcome to DigitalSpokes (“we,” “our,” or “us”). These Terms and Conditions govern your access to and use of our website, services, digital marketing solutions, software, and deliverables. By accessing our platform, engaging our marketing services, or signing a statement of work (SOW), you (“Client,” “User,” or “you”) agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you must refrain from using our services or website.
2. Scope of Digital Marketing Services
DigitalSpokes provides full-spectrum digital marketing solutions, which may include Search Engine Optimization (SEO), Pay-Per-Click (PPC) advertising management, Social Media Marketing, Content Strategy, Web Design and Development, and Marketing Analytics. The specific deliverables, milestones, and project scopes will be defined in individual client contracts, proposals, or Statements of Work (SOW). While we apply industry best practices, performance outcomes in digital advertising and organic search rankings are influenced by third-party search engine algorithms and market dynamics, and thus specific conversion or ranking targets are not guaranteed.
3. Client Responsibilities & Cooperation
To ensure efficient service delivery and campaign execution, the Client agrees to provide timely access to necessary assets, including website credentials, ad accounts, brand guidelines, content approvals, and business data required for campaign setups. DigitalSpokes is not liable for delays, lost momentum, or compromised campaign performance caused by the Client’s failure to provide required information, approvals, or account access in a timely manner.
4. Payment Terms, Retainers & Fees
Clients agree to pay all agreed-upon fees as outlined in their service agreement or invoice. Monthly agency retainers and initial project deposits are payable in advance prior to the commencement of work. Media spend for paid advertising (e.g., Google Ads, Meta Ads) is billed directly by the respective platforms to the Client’s payment method or billed separately. Late payments may incur interest charges or result in a temporary suspension of active marketing campaigns until accounts are fully settled.
5. Intellectual Property Rights
Upon full payment of all contractual fees, the Client retains ownership of custom final deliverables created specifically for them, such as custom domain content, graphic assets, and bespoke web code. DigitalSpokes retains ownership of all pre-existing methodologies, proprietary tools, frameworks, source code modules, and unapproved draft concepts. DigitalSpokes reserves the right to showcase non-confidential campaign results and designs in its corporate portfolio unless explicitly prohibited by a Non-Disclosure Agreement (NDA).
6. Confidentiality & Non-Disclosure
Both DigitalSpokes and the Client agree to safeguard and keep strictly confidential any proprietary technical details, trade secrets, campaign analytics, financial information, or business strategies shared during the course of the engagement. Confidential information shall not be disclosed to any third party without prior written consent, except as required by law or to trusted sub-processors under binding confidentiality obligations.
7. Limitation of Liability
To the maximum extent permitted by law, DigitalSpokes and its employees or partners shall not be held liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, data, revenue, or business reputation arising out of or in connection with our services or platform. Our total aggregate liability under any service contract shall not exceed the total amount actually paid by the Client to DigitalSpokes during the three (3) months preceding the claim.
8. Termination & Contract Cancellation
Either party may terminate an ongoing service retainer or agreement by providing written notice according to the cancellation notice period defined in the specific service contract (typically 30 days’ advance written notice). Either party may terminate immediately in the event of a material breach of terms by the other party. Upon termination, the Client remains responsible for paying for all work rendered and non-cancelable third-party expenses incurred up to the effective termination date.
9. Governing Law & Terms Amendments
These Terms and Conditions are governed by and construed in accordance with applicable legal jurisdictions without regard to conflict of law principles. DigitalSpokes reserves the right to modify or update these Terms and Conditions at any time to reflect changing operational practices or regulatory mandates. Updated versions will be published directly on our website with a revised update date, and continued use of our services constitutes acceptance of those updated terms.
info@digitalspokes.com
2785 Delaware Avenue, Washington, United States
