Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and The Digital Motion Lab ("we," "us," or "our") regarding your access to and use of our website, services, and products.

By accessing our website at thedigitalmotionlab.com, engaging our services, or entering into a service agreement with us, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our services.

The Digital Motion Lab provides digital marketing and web development services, including but not limited to:

• Social Media Management: Content creation, posting, community management, and analytics
• Web Development: Website design, development, maintenance, and hosting coordination
• SEO Optimization: Search engine optimization, keyword research, and content strategy
• PPC Campaign Management: Paid advertising on Google, Facebook, LinkedIn, and other platforms
• Digital Strategy Consulting: Marketing strategy development and implementation

Service Delivery:

Services are delivered according to the scope of work outlined in individual service agreements, proposals, or statements of work. All deliverables, timelines, and specifications will be mutually agreed upon before work commences.

Service Modifications:

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to active clients.

To use certain services, you may be required to create an account or provide certain information. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

Pricing:

All prices are listed on our website and in service agreements. Pricing is subject to change with 30 days' notice for ongoing services. Price changes do not affect existing contracts during their current term.

Payment Schedule:

• Monthly Services: Billed on the 1st of each month, due within 7 days
• Project-Based Services: 50% upfront, 50% upon completion (unless otherwise specified)
• PPC Management: Management fees billed monthly in addition to ad spend

Payment Methods:

We accept payment via bank transfer, credit/debit cards, and other payment methods as agreed. All payments are processed securely through third-party payment processors.

Late Payments:

Late payments may incur a fee of 5% per month or the maximum allowed by law. We reserve the right to suspend services for accounts with overdue balances exceeding 14 days.

Refunds:

Refund policies vary by service type:

• Monthly Services: No refunds for partial months; 30 days' notice required for cancellation
• Project Work: Deposits are non-refundable once work has commenced
• PPC Ad Spend: Ad spend paid to platforms is non-refundable

To ensure successful project delivery, you agree to:

Provide Necessary Materials:

• Brand assets (logos, images, videos, fonts)
• Access credentials to relevant platforms and accounts
• Content, copy, or information needed for campaigns
• Timely feedback and approvals

Timely Communication:

• Respond to requests for information within 5 business days
• Provide feedback on deliverables within agreed timelines
• Attend scheduled meetings and strategy calls
• Notify us of any changes to business operations that may affect campaigns

Legal Compliance:

You warrant that all materials and information provided to us:

• Do not infringe on any third-party intellectual property rights
• Comply with all applicable laws and regulations
• Do not contain defamatory, offensive, or illegal content
• Are accurate and not misleading

Client-Provided Materials:

You retain all ownership rights to materials you provide (logos, trademarks, content, images). By providing these materials, you grant us a non-exclusive license to use them solely for delivering services under our agreement.

Work Product Ownership:

Upon full payment, you own:

• Final deliverables specifically created for your project
• Custom website code and designs
• Social media content created for your brand
• Campaign materials and creative assets

Our Retained Rights:

We retain ownership of:

• Proprietary processes, methodologies, and tools
• Pre-existing templates and frameworks
• Analytics reports and performance data formats
• General knowledge and experience gained

Portfolio Rights:

We reserve the right to:

• Display completed work in our portfolio
• Use project details as case studies (with your approval)
• Include you in our client list (unless confidentiality is requested)

Third-Party Tools:

Some services may use third-party software, plugins, or platforms. These are subject to their respective licenses and terms of service. We do not claim ownership of third-party tools.

Confidential Information:

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of our relationship, including:

• Business strategies and marketing plans
• Financial information
• Customer data and lists
• Proprietary processes and methodologies
• Trade secrets

Exceptions:

Confidential information does not include information that:

• Is or becomes publicly available through no breach of this agreement
• Was rightfully in possession prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

Duration:

Confidentiality obligations survive termination of our agreement and continue for a period of 3 years.

Termination by Client:

• Monthly Services: 30 days' written notice required; billing continues through notice period
• Project-Based Work: Client may terminate at any time; payment due for work completed to date
• Minimum Terms: Some services have minimum commitment periods (3-6 months) as specified in service agreements

Termination by Us:

We may terminate or suspend services immediately if you:

• Breach these Terms or your service agreement
• Fail to pay invoices within 30 days
• Engage in fraudulent or illegal activity
• Provide false or misleading information
• Behave abusively toward our team members

Effects of Termination:

• All outstanding invoices become immediately due
• Access to platforms and ongoing services will be revoked
• We will provide final reports and deliverables for paid work
• Social media account access will be transferred back to you
• Website hosting arrangements must be transferred (if applicable)

Survival:

Sections regarding payment, intellectual property, confidentiality, warranties, and liability survive termination.

Our Warranties:

We warrant that:

• Services will be performed in a professional and workmanlike manner
• We have the necessary skills and experience to deliver services
• Deliverables will substantially conform to agreed specifications
• We will comply with all applicable laws and regulations

No Guarantee of Results:

Third-Party Platforms:

We are not responsible for:

• Changes to third-party platform algorithms (Google, Facebook, Instagram, etc.)
• Platform outages, bugs, or policy changes
• Account suspensions or bans by third-party platforms
• Performance fluctuations due to platform updates

Website Warranties:

For web development services:

• Websites will function as specified at time of delivery
• 90-day warranty for bug fixes on custom development
• Browser compatibility as agreed in specifications
• We do not warrant future compatibility with platform/browser updates

Disclaimer of Other Warranties:

Except as expressly stated, services are provided "as is" without warranties of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.

Maximum Liability:

Our total liability for any claims arising from or related to our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim.

Excluded Damages:

We shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Cost of substitute services
• Business interruption
• Reputational harm

Specific Exclusions:

We are not liable for:

• Results of campaigns or marketing activities
• Actions taken by third-party platforms
• Client's failure to implement recommendations
• Errors in client-provided materials or information
• Acts beyond our reasonable control (force majeure)

Time Limitation:

No action may be brought against us more than 12 months after the cause of action arises.

You agree to indemnify, defend, and hold harmless The Digital Motion Lab, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of any law or regulation
• Infringement of third-party intellectual property rights by materials you provide
• False, misleading, or defamatory content you provide
• Your use of our deliverables in ways not authorized
• Claims by your customers or third parties related to services we provided

Informal Resolution:

Before initiating any formal proceedings, parties agree to attempt to resolve disputes through good faith negotiation. Contact us at support@thedigitalmotionlab.com to initiate dispute resolution.

Mediation:

If informal resolution fails, parties agree to attempt mediation before pursuing litigation or arbitration.

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

Jurisdiction:

Any disputes that cannot be resolved through mediation shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Class Action Waiver:

You agree to bring claims only in your individual capacity and not as a class member or representative in any class or representative action.

Entire Agreement:

These Terms, together with any service agreement or statement of work, constitute the entire agreement between parties and supersede all prior agreements and understandings.

Amendments:

We may modify these Terms at any time. Material changes will be communicated via email. Continued use of services after changes constitutes acceptance.

Assignment:

You may not assign your rights or obligations without our written consent. We may assign our rights to any successor or affiliate.

Severability:

If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver:

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Force Majeure:

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, terrorism, strikes, or internet/platform outages.

Independent Contractors:

The relationship between parties is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

Notices:

All notices must be in writing and sent to:

• Email: support@thedigitalmotionlab.com
• For Client: The email address on file

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

The Digital Motion Lab

• Email: support@thedigitalmotionlab.com
• Phone: +44 123 456 7890
• Website: thedigitalmotionlab.com

We will respond to all legitimate inquiries within 5 business days.