Terms of Service

1. Introduction

Welcome to The Digital Marketer KE. These Terms of Service govern your use of our website and services. By accessing our website or engaging our services, you agree to these Terms of Service in full. If you disagree with any part of these terms, please do not use our website or services.

2. Definitions

  • "Company" refers to The Digital Marketer KE.
  • "Services" refers to all digital marketing and related services offered by the Company.
  • "Client" refers to any individual or entity that engages the Company's services.
  • "Website" refers to the Company's website at digitalmarketingltd.co.ke.
  • "Content" refers to all materials, information, and data published on our Website.

3. Services

The Digital Marketer KE provides various digital marketing services, including but not limited to SEO, PPC advertising, social media marketing, content creation, website development, and lead generation.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

4. Client Obligations

As a client of The Digital Marketer KE, you agree to:

  • Provide accurate and complete information necessary for the provision of services.
  • Respond to communications from the Company in a timely manner.
  • Review and approve work submitted by the Company within agreed timeframes.
  • Make payments for services as per the agreed schedule.
  • Obtain all necessary permissions, licenses, and consents required for the Company to perform the services.
  • Comply with all applicable laws and regulations.

5. Payment Terms

Payment terms will be specified in individual service agreements or proposals provided to clients. Unless otherwise agreed:

  • All invoices are due upon receipt.
  • Recurring services are billed at the beginning of each service period.
  • Late payments may incur a fee and/or suspension of services.
  • All fees are exclusive of applicable taxes unless otherwise stated.

For information about refunds, please refer to our Refund Policy.

6. Intellectual Property

Company-Owned IP: All intellectual property created by the Company, including but not limited to strategies, reports, analyses, and methodologies, remains the property of the Company unless explicitly transferred through a written agreement.

Client-Owned IP: Client retains ownership of all pre-existing intellectual property provided to the Company for the purpose of delivering services. Upon full payment, clients will own the deliverables created specifically for them, except for any Company tools, templates, or methodologies used in creating those deliverables.

License: The Company may use client's name and general description of services provided in its portfolio and marketing materials, unless explicitly prohibited by the client in writing.

7. Confidentiality

Both parties agree to keep confidential all information shared during the course of the business relationship that is not publicly available. This includes, but is not limited to, business strategies, marketing plans, customer lists, and financial information.

This confidentiality obligation continues for a period of two years after the termination of the business relationship.

8. Limitation of Liability

The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from any use of or inability to use our services.

The Company's total liability for all claims related to the services shall not exceed the total amount paid by the client for the services during the six months preceding the claim.

9. Termination

Either party may terminate the service agreement with written notice as specified in the individual service agreement.

The Company reserves the right to terminate services immediately if:

  • The client fails to make payments when due.
  • The client breaches any material term of these Terms of Service.
  • The Company determines that providing services to the client may present legal or ethical conflicts.

Upon termination, the client remains responsible for payment of all services rendered up to the termination date.

10. No Guarantees

While we strive to achieve the best possible results for our clients, the Company cannot guarantee specific outcomes from digital marketing efforts. Results depend on many factors including market conditions, competition, client industry, and client participation in the process.

Our Marketing Claims

In our marketing materials, we may highlight potential benefits such as increased ROI, improved profitability, and growth. These statements are based on:

  • Historical performance data from previous client campaigns
  • Industry benchmarks and best practices
  • Our team's professional expertise and methodologies
  • Analytical projections based on current market trends

These statements represent what we reasonably believe is achievable based on our experience and methodologies when properly implemented. However, they should not be interpreted as guarantees of specific results for your particular business. Each business is unique, and outcomes will vary based on numerous factors including your market position, competitive landscape, budget allocation, implementation quality, and ongoing market changes.

We commit to applying our best professional efforts and proven methodologies to help you achieve your business objectives, but the final results will depend on the collective execution of our strategies and various market factors.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

12. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

13. Modifications to Terms

The Company reserves the right to modify these Terms of Service at any time. We will provide notice of significant changes by posting the updated terms on our website. Your continued use of our services following such modifications constitutes your acceptance of the modified terms.

If you have any questions about our Terms of Service, please contact us.

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