These Terms of Service (“Terms”) govern your use of the services provided by DGMA-Media ("we," "us," or "our") through our website, dgma-media.com, and any related services we offer (collectively, the "Services"). By using our Services, you agree to comply with these Terms. If you do not agree to these Terms, please do not use our Services.
1. Agreement to Terms
By accessing or using our Services, you agree to these Terms, including any updates we may make. If you do not agree to these Terms, you should not use our Services.
2. Modifications
We may modify or update these Terms at any time. If we do, we will post the updated Terms on our website with the revised date. Your continued use of our Services after any changes to these Terms will indicate your acceptance of the new Terms.
3. Services Provided
DGMA-Media provides the following services:
Website design and development
Digital marketing strategies
Content creation and management
Custom design and branding solutions
Ongoing website maintenance and support (if opted into a maintenance plan)
By using our Services, you receive a non-exclusive, non-transferable license to access and use our services for the purposes specified in these Terms.
4. User Responsibilities
You agree to use our Services only for lawful purposes. You will not:
Violate any applicable laws or regulations
Post content that infringes on third-party intellectual property rights
Use our Services to transmit harmful software, spam, or malware
Engage in any activity that disrupts the performance or availability of the Services
5. Fees, Payment, and Projects
No Payment, No Project: We will not begin any project or service until full payment has been received or a payment plan has been agreed upon. Any delay in payment may delay the start of the project.
Ongoing Maintenance: If you choose to use our ongoing maintenance services, a maintenance plan must be in place and paid for. If no maintenance plan is selected, you are responsible for all additional ongoing costs related to your website, and we will not provide maintenance.
Failure to Pay for Maintenance: If you have a maintenance plan and fail to make the necessary payments, we reserve the right to immediately terminate the service and cease any further maintenance or support until payment is made. Failure to make payment after a certain period may also result in termination of your access to ongoing services.
6. Privacy and Data Collection
Your privacy is important to us. By using our Services, you agree to our Privacy Policy regarding the collection, use, and protection of your personal information. We collect personal data, including your name, email address, and the information you submit via contact forms, to respond to your inquiries and provide our Services.
7. Content Ownership and License
We retain all rights to the content we create, including designs, graphics, text, and any intellectual property related to our Services. You are granted a license to use the deliverables for the agreed-upon purpose but do not acquire ownership of them unless explicitly stated in the agreement.
8. Liability and Disclaimers
No Liability for Damages: To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied, in respect of the Services. You agree to use our Services at your own risk. We are not liable for any direct, indirect, incidental, or consequential damages resulting from your use of our Services, including lost profits, data loss, or business interruption.
No Guarantee of Results: While we aim to provide high-quality services, we do not guarantee specific outcomes, such as increased sales or web traffic. All results depend on various external factors outside our control.
9. Maintenance Plan and Termination
Required Maintenance Plan: Ongoing maintenance, updates, and support for your website are provided only if you have a Maintenance Plan. If no such plan is selected, we will not provide maintenance or any ongoing support.
Termination for Non-Payment: If you have a Maintenance Plan and fail to make the necessary payments, we reserve the right to immediately terminate maintenance services. No further maintenance or updates will be provided until payment is made. If payment is not received within a reasonable period, we may consider the agreement terminated.
10. No Liability for Project Failure or Delays
Project Failure: While we will make every reasonable effort to deliver the project as agreed, we do not guarantee the success or outcome of any project, such as increasing traffic, sales, or other business results. In the event that a project fails or does not meet your expectations, we will not be held liable for any lost profits, business, or other financial damages.
Refunds: If, after reasonable effort and collaboration, the project does not proceed as planned or agreed upon, we may offer a refund for the work that has not been completed. However, this refund is limited to the amount paid for the specific services rendered, and no other compensation will be provided.
11. Indemnification
You agree to indemnify and hold harmless DGMA-Media, its employees, and affiliates from any claims, losses, damages, or expenses (including legal fees) arising out of your use of our Services or your breach of these Terms.
12. Governing Law
These Terms are governed by the laws of the State of Wisconsin. Any disputes arising from these Terms will be resolved in the courts located in your local jurisdiction.
13. Dispute Resolution and Arbitration
Dispute Resolution: Any disputes arising out of or related to this agreement will be resolved first through negotiation. If the dispute cannot be resolved through negotiation, it will be submitted to binding arbitration in your local jurisdiction (or Franklin County, Wisconsin, if applicable).
Arbitration Clause: Both parties agree to waive their right to a trial by jury and agree to resolve any claims or disputes through arbitration, which will be the exclusive means of resolving any disputes. The arbitration decision will be final and binding.
14. Force Majeure
We will not be held responsible or liable for any delay or failure to perform due to events beyond our control, including, but not limited to, acts of God, natural disasters, war, government actions, pandemics, technical issues, or third-party service failures. In the event of such an occurrence, we will notify you as soon as possible and work to resolve the situation.
15. Confidentiality
Confidentiality of Information: Both parties agree to keep all information, data, or materials shared during the course of the project confidential, unless explicitly authorized in writing to disclose or share such information with a third party.
Non-Disclosure: Both parties agree not to disclose any confidential business practices, designs, or proprietary information to outside parties without prior written consent.
16. Entire Agreement
These Terms, together with any additional agreements or contracts, constitute the entire agreement between you and DGMA-Media. No prior agreements, discussions, or understandings, either verbal or written, shall be binding unless explicitly included here.
