Contact
Get demo

CURRENT PROMOTION: 10% OFF YOUR FIRST MONTH

Digital Marketing Agreement

It’s important that you carefully review this agreement as it includes significant details concerning your legal rights and remedies.

  1. Overview

The Services Agreement, which encompasses Digital Marketing and Managed Services, is between COMPANY and SERVICE PROVIDER and becomes effective upon acceptance or service activation. This Agreement outlines the conditions and terms of your use of the Services and serves as the comprehensive agreement between the two parties on this matter.

By signing this Agreement or activating the service, you confirm that you have read, comprehended, understand, and accepted to be legally bound by this Agreement, along with our General Terms and Conditions Agreement that is included herein by reference, as well as any other agreements or policies that are explicitly included in this document.

The terms “service provider”, “we”, “us” or “our” shall refer to DNTL Digital or DNTL Agency. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We reserve the right to modify or amend this Agreement, the policies or agreements incorporated herein, and any restrictions or limitations on the Services at any time, at our sole and absolute discretion. Any such changes or modifications shall take effect immediately upon their posting on this Site. Your use of the Services following such changes or modifications indicates your acceptance of this Agreement and any associated limitations on the Services as last revised. Failure to agree to the revised Agreement and Service limitations will result in termination fees as outlined in the agreements incorporated herein. Although we may send email notifications of changes or modifications to this Agreement, it is your responsibility to keep your account information up to date. We cannot be held responsible for any failure to receive email notifications due to an incorrect email address and assume no liability for such failures.

  1. Services

Based on the information provided by the CUSTOMER in completed setup forms and/or meetings and the Order, the SERVICE PROVIDER will deliver the Services. Within two weeks, the SERVICE PROVIDER will endeavor to provide the initial version of any required information, research, or relevant documentation. Reports may be issued to the CUSTOMER on a monthly or quarterly basis at the discretion of the SERVICE PROVIDER. Any modification requests will be taken into consideration and will be charged at the SERVICE PROVIDER’s hourly rate.

  1. License Grant and Restrictions

Under the terms and conditions set forth in this Agreement, SERVICE PROVIDER allows you a restricted, non-transferable, non-exclusive license to access and use the Service solely on a server controlled by SERVICE PROVIDER, unless otherwise documented in writing, and exclusively for your internal business requirements. This license is subject to the condition that you continue to comply with the terms and conditions of this Agreement. Your use of the Services is restricted to the extent of the license granted in this Agreement and does not permit any usage beyond what is specified herein. You recognize that the Services constitute valuable trade secrets and/or confidential information of SERVICE PROVIDER or its licensors. You acknowledge and agree that, except as authorized under this Agreement or otherwise agreed upon in writing between the parties:

4. Your Obligation

As the user accessing the Services with your password, you are responsible for all activity that occurs during your session. You agree to comply with all applicable laws and regulations, including those related to data privacy and international communication. If you become aware of any unauthorized use of your account or suspect a security breach, you must notify SERVICE PROVIDER immediately. Similarly, if you become aware of any unauthorized copying or distribution of Content, you must report it to SERVICE PROVIDER and take reasonable steps to stop it. When you no longer require access to the Services, you must inform SERVICE PROVIDER, and you agree to keep your profile information up to date.

5. Intellectual Property Ownership

This section of the agreement states that all rights, title, and interest in the Services, including technology and trade secrets, belong solely and exclusively to the SERVICE PROVIDER or its licensors. The user acknowledges that the Service is a valuable trade secret and/or is the confidential information of SERVICE PROVIDER or its licensors. The user shall have no rights whatsoever in any of the foregoing. The Service constitutes a collective work under the U.S. copyright laws and international treaty provisions, and SERVICE PROVIDER owns a copyright in the selection, coordination, arrangement, and enhancement thereof.

Except for any Materials, all content and materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of SERVICE PROVIDER or its content suppliers and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.

The user may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited.

The user understands and acknowledges that unauthorized disclosure, use, or copying of the proprietary products and services provided pursuant to this Agreement may cause SERVICE PROVIDER and its licensors irreparable injury, which may not be remedied at law. The user agrees that SERVICE PROVIDER and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

6. Billing Plans for Services

The Services are subject to both one-time fees and a monthly payment plan that includes a commitment term. If the CUSTOMER decides to cancel the Services before the completion of the agreed-upon term, the CUSTOMER will be responsible for paying termination fees outlined in the terms and conditions.

7. Communications

CUSTOMER agrees to receive Communications from SERVICE PROVIDER in an electronic format to the email address provided by CUSTOMER, and acknowledges that such Communications will be considered as a written communication. If CUSTOMER does not wish to receive electronic Communications from SERVICE PROVIDER or withdraws consent, CUSTOMER must discontinue use of the Service. Withdrawal of consent will not affect the validity of any electronic Communications or business transactions conducted between CUSTOMER and SERVICE PROVIDER prior to such withdrawal.

CUSTOMER agrees that by accepting this Agreement, they are providing their written consent for SERVICE PROVIDER to call them at the phone number provided in connection with their subscription to or use of the Service. If the customer has provided a mobile or cellular phone number, they also consent to receiving texts from SERVICE PROVIDER regarding their subscription to or use of the Service. It is important to note that consenting to autodialed marketing calls and/or texts from SERVICE PROVIDER is not required to purchase products or services. If CUSTOMER chooses not to receive any marketing communications from SERVICE PROVIDER, they may do so by contacting customer service or emailing SERVICE PROVIDER.

8. Customer Service and Technical Support

SERVICE PROVIDER offers technical support to CUSTOMER, which is dependent on the level of service and support that has been contracted by the CUSTOMER and pertains to the features and tools offered through the SERVICE PROVIDER Services.

9. Additional Terms

The SERVICES PROVIDER offers a range of add-on services, including but not limited to search engine marketing, social media marketing, internet marketing, online services, email marketing, email services, database integration services, software connectivity, security services, ad placement, reputation management, and search engine optimization services such as link building, keyword optimization, content writing, and directory submission (collectively referred to as “Services”). To request the purchase of any Services, CUSTOMER must contact SERVICES PROVIDER. Afterward, SERVICES PROVIDER will send CUSTOMER an email or an order (collectively referred to as the “service order”) with details on the scope of the Managed Services to be provided, the setup fee and monthly fee amounts, and any additional terms and conditions that may apply. CUSTOMER’s signature or email confirmation to the Service Order or the activation of Services will indicate acceptance of the terms and conditions of this Agreement.

By entering into this Agreement, CUSTOMER grants SERVICES PROVIDER all necessary rights, licenses, access, and authorizations to use, reproduce, distribute, modify, display, and make changes to CUSTOMER’s website to provide the Managed Services. This right may also include creating accounts with, and making payments to, online directories on CUSTOMER’s behalf.

As per this Agreement, any written content prepared by SERVICES PROVIDER and delivered to CUSTOMER as a deliverable item under the Services (“Materials”) shall be deemed “work-for-hire,” and SERVICES PROVIDER assigns any copyrights it may have to the Materials, except for Materials related to Search Engine Optimization (SEO) services. All SEO materials belong to SERVICES PROVIDER and will be removed from the website if SEO services are terminated.

Apart from any warranty specified in a Service Order, SERVICES PROVIDER expressly disclaims all warranties, express or implied, concerning the products and services offered under this Agreement, including but not limited to any implied warranties of merchantability and fitness for a particular purpose. The products and services provided by SERVICES PROVIDER are “as is” and “with all faults,” and CUSTOMER assumes all risks related to the satisfactory quality, performance, accuracy, and effort. Except for any warranties specified in a Service Order, SERVICES PROVIDER does not guarantee that CUSTOMER’s use of its products or services will be error-free, uninterrupted, virus-free, or secure. CUSTOMER acknowledges that they have not relied on any warranties from SERVICES PROVIDER other than those explicitly stated in a Service Order. The provisions of this paragraph will remain in effect even after the termination or expiration of this Agreement, and no one is authorized to modify this disclaimer of warranty.

10. Titles, Headings, and Severability 

The headings and titles used in this Agreement are provided solely for convenience and reference, and shall not be used to interpret or construe the agreement between the parties as set forth in this document. Each covenant and agreement contained in this Agreement shall be considered a separate and independent covenant or agreement for all purposes. In the event that a court of competent jurisdiction deems any provision, or portion thereof, in this Agreement to be illegal, invalid, or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions, or portions thereof, which shall remain in full force and effect to the maximum extent permitted by law.

11. Definitions & Conflicts

If capitalized terms are used but not defined in this Agreement, their meanings shall be ascribed to them in the General Terms and Conditions Agreement. In case of any conflict between the provisions of this Agreement and the provisions of the General Terms and Conditions Agreement, the provisions of this Agreement shall prevail.

© Copyright 2023 DNTL, LLC.