Terms and Conditions

1. Agreement to Terms

Welcome to Digital Marketing Solutions ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your use of our website located at your-domain.com and our digital marketing services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our services.

2. Services Description

Digital Marketing Solutions provides comprehensive digital marketing services including:

• Search Engine Optimization (SEO)
• Pay-Per-Click Advertising Management
• Social Media Marketing
• Content Marketing and Creation
• Email Marketing Campaigns
• Website Analytics and Reporting
• Brand Strategy and Consulting

Service specifications, deliverables, and timelines will be outlined in individual service agreements or proposals.

3. User Obligations and Responsibilities

3.1 Account Registration

When creating an account with us, you must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Client Cooperation

Clients agree to:

• Provide timely access to necessary materials, accounts, and information
• Respond to requests for feedback within reasonable timeframes
• Provide accurate information about their business and target audience
• Comply with all applicable laws and regulations
• Maintain proper licenses for any third-party materials provided to us

3.3 Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:

• In any way that violates applicable laws or regulations
• To transmit unlawful, harmful, or offensive content
• To impersonate or attempt to impersonate the Company or others
• To interfere with or disrupt our services or servers
• For any fraudulent or malicious activities

4. Payment Terms

4.1 Fees and Pricing

Service fees are outlined in individual proposals or service agreements. All prices are quoted in Euros (EUR) unless otherwise specified. We reserve the right to modify our pricing with 30 days' notice to existing clients.

4.2 Payment Schedule

Payment terms will be specified in your service agreement. Standard terms include:

• Initial setup fees due upon contract signing
• Monthly retainer fees due on the 1st of each month
• Project-based fees as outlined in project milestones

4.3 Late Payment

Invoices not paid within 15 days of the due date may incur late fees of 1.5% per month. We reserve the right to suspend services for accounts with overdue balances exceeding 30 days.

4.4 Refund Policy

Setup fees and completed work are non-refundable. Monthly retainer refunds may be considered on a case-by-case basis for unused services with 30 days' written notice.

5. Intellectual Property Rights

5.1 Company Property

The website, services, and all content, features, and functionality are owned by Digital Marketing Solutions and are protected by international copyright, trademark, and other intellectual property laws.

5.2 Client Content

Clients retain ownership of all content, materials, and information provided to us. By providing content, you grant us a non-exclusive, worldwide license to use, modify, and display the content solely for the purpose of providing our services.

5.3 Work Product

Upon full payment, clients receive ownership of deliverables specifically created for them, including custom graphics, written content, and campaign materials. We retain the right to use work samples for portfolio and promotional purposes unless otherwise agreed in writing.

5.4 Third-Party Tools

Some services utilize third-party platforms and tools. Clients may need separate licenses or subscriptions for certain tools (e.g., advertising platforms, analytics software, design tools).

6. Service Level and Performance

6.1 Best Efforts

We commit to providing services with professional care and skill. However, digital marketing results depend on numerous factors beyond our control, including market conditions, competition, platform algorithms, and client cooperation.

6.2 No Guarantees

We do not guarantee specific results, rankings, traffic levels, conversion rates, or ROI. Any projections or estimates provided are based on industry experience and historical data but are not promises of future performance.

6.3 Third-Party Platforms

Services involving third-party platforms (Google Ads, Facebook, etc.) are subject to those platforms' terms, policies, and algorithm changes. We are not responsible for platform policy changes, account suspensions, or performance fluctuations caused by platform modifications.

7. Confidentiality

Both parties agree to maintain confidentiality of proprietary information shared during the course of our business relationship. This includes business strategies, financial information, customer data, and trade secrets.

Confidential information does not include information that:

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

8. Limitations of Liability

8.1 Disclaimer of Warranties

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 Limitation of Liability

To the maximum extent permitted by law, Digital Marketing Solutions shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, arising from:

• Your use or inability to use our services
• Any changes to or termination of our services
• Third-party platform changes or restrictions
• Unauthorized access to your data or communications
• Errors or omissions in our services

8.3 Maximum Liability

Our total liability for any claims arising from our services shall not exceed the amount paid by the client for services in the three months preceding the claim.

8.4 Indemnification

You agree to indemnify and hold harmless Digital Marketing Solutions from any claims, damages, losses, liabilities, and expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

9. Prohibited Uses

You may not use our services to:

• Promote illegal activities or violate any laws
• Distribute malware, viruses, or harmful code
• Engage in fraudulent or deceptive practices
• Infringe upon intellectual property rights of others
• Harass, abuse, or harm individuals or groups
• Distribute spam or unsolicited communications
• Promote adult content, gambling, or illegal substances (unless properly licensed)
• Manipulate or artificially inflate metrics or engagement
• Violate platform policies of advertising or social media networks
• Access or attempt to access our systems without authorization

10. Term and Termination

10.1 Contract Duration

Service agreements begin on the effective date specified in the contract and continue for the agreed term. Month-to-month services continue until terminated by either party.

10.2 Termination by Client

Clients may terminate services with 30 days' written notice. Early termination of fixed-term contracts may result in early termination fees as specified in the service agreement. All outstanding invoices become due immediately upon termination.

10.3 Termination by Company

We reserve the right to terminate services immediately if:

• Client breaches these Terms or service agreements
• Payment is more than 30 days overdue
• Client engages in prohibited activities
• Continuation of services would violate laws or regulations
• Client's business or activities damage our reputation

10.4 Effect of Termination

Upon termination:

• All outstanding fees become immediately due
• Access to our services and tools will be revoked
• We will provide final reports and deliverables for paid services
• Client data may be deleted after 30 days
• Confidentiality obligations continue indefinitely

11. Changes to Services and Terms

11.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of significant changes that affect existing client services.

11.2 Terms Updates

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our services after changes constitutes acceptance of the modified Terms.

11.3 Notification

For material changes, we will provide notice via email or prominent website notice at least 30 days before changes take effect.

12. Governing Law and Jurisdiction

12.1 Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Croatia. Both parties consent to the personal jurisdiction of these courts.

12.3 EU Regulations

We comply with applicable European Union regulations, including GDPR for data protection and consumer protection directives.

13. Dispute Resolution

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising from these Terms, both parties agree to first attempt to resolve the matter through good-faith negotiations for a period of 30 days.

13.2 Mediation

If informal negotiations fail, parties agree to attempt resolution through mediation before pursuing litigation. Mediation shall be conducted by a mutually agreed mediator in Croatia.

13.3 Arbitration

If mediation is unsuccessful, disputes may be resolved through binding arbitration in accordance with Croatian arbitration rules, unless both parties agree to litigation.

13.4 Costs

Each party shall bear its own costs for dispute resolution proceedings, unless otherwise determined by the mediator, arbitrator, or court.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any service agreements and privacy policy, constitute the entire agreement between you and Digital Marketing Solutions regarding our services.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet/utility failures.

14.6 Survival

Provisions regarding payment, intellectual property, confidentiality, liability limitations, and dispute resolution shall survive termination of these Terms.

15. Contact Information

For questions about these Terms and Conditions, please contact us: