Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website dmarkut.com (the "Site") or any services offered by Dmarkut Digital Marketing Agency ("Dmarkut", "we", "us", or "our").

Your access to and use of the Site and our services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site or our services.

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

1. Definitions

In these Terms, the following definitions apply:

  • "Agreement" means the entire content of this document, the Privacy Policy, the Refund Policy, and any other terms and conditions referenced herein.
  • "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
  • "Client" means any individual or entity that purchases or uses our Services.
  • "Services" means any digital marketing services provided by Dmarkut, including but not limited to SEO, PPC, social media marketing, content marketing, and analytics services.
  • "User" means any individual who accesses or uses the Site, whether or not they are a Client.
  • "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Site or Services.

2. Account Registration and Use

2.1 Account Creation

To use certain features of our Services, you may need to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use of your account.

2.2 Age Requirement

You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old.

2.3 One Account Per User

You may not create more than one account without our express permission. We reserve the right to terminate any duplicate accounts.

2.4 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your account at any time by contacting our customer service.

3. Services and Payments

3.1 Service Descriptions

We provide various digital marketing services, including but not limited to search engine optimization (SEO), pay-per-click (PPC) advertising, social media marketing, content marketing, and analytics services. The specific details, deliverables, and timelines for services will be outlined in a separate service agreement or proposal agreed upon by both parties.

3.2 Pricing and Payments

Prices for our services are subject to change without notice. We reserve the right to modify or discontinue any service without notice at any time.

Payment terms will be specified in the service agreement or proposal. Unless otherwise agreed upon in writing, invoices are due within 30 days of the invoice date. Late payments may incur additional fees or result in suspension of services.

3.3 Taxes

You are responsible for paying all taxes, duties, and other governmental assessments associated with your use of our services, except for taxes based on Dmarkut's net income.

3.4 Refunds

Our refund policy is outlined in our separate Refund Policy, which is incorporated into these Terms by reference.

4. Intellectual Property

4.1 Site Content

The Site and its original content, features, and functionality are and will remain the exclusive property of Dmarkut and its licensors. The Site is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dmarkut.

4.2 User Content

You retain all rights to any content you submit, post, or display on or through the Site ("User Content"). By submitting, posting, or displaying User Content on or through the Site, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with providing the Services.

4.3 Services Deliverables

Unless otherwise specified in a service agreement, upon full payment for services, the Client will own all rights to deliverables specifically created for the Client as part of the services. Dmarkut retains ownership of all methodologies, processes, techniques, ideas, concepts, trade secrets, and know-how embodied in the Services or that Dmarkut may develop or supply in connection with these Terms.

4.4 Feedback

If you provide us with any feedback or suggestions regarding the Site or our Services ("Feedback"), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback in any manner we deem appropriate.

5. User Conduct and Content Standards

5.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using the Site for any illegal purpose or in violation of any local, state, national, or international law
  • Violating or infringing other people's intellectual property, privacy, publicity, or other legal rights
  • Engaging in any harassing, abusive, or harmful behavior toward others
  • Impersonating any person or entity or misrepresenting your affiliation with a person or entity
  • Interfering with or disrupting the Site or servers or networks connected to the Site
  • Attempting to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site
  • Using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "scrape," "data mine," or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site

5.2 Content Standards

You agree that any User Content you post to the Site will not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations
  • Be likely to deceive any person
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising

6. Disclaimers

6.1 Site "As Is"

The Site is provided on an "AS IS" and "AS AVAILABLE" basis. Dmarkut expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 No Guarantees

Dmarkut makes no warranty that the Site will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, free of viruses or other harmful components.

6.3 Service Results

While we strive to provide excellent services, Dmarkut cannot guarantee specific results from the use of our services. Digital marketing outcomes depend on numerous factors, including but not limited to search engine algorithms, market conditions, competition, and client implementation of recommendations.

7. Limitation of Liability

In no event shall Dmarkut, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Site or Services
  • Any conduct or content of any third party on the Site
  • Any content obtained from the Site
  • Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims arising from or relating to these Terms or your use of the Site exceed the amount paid by you, if any, for accessing the Site or using our Services during the twelve (12) months immediately preceding the event giving rise to the liability, or £1,000, whichever is greater.

The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not we have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Indemnification

You agree to defend, indemnify, and hold harmless Dmarkut, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Site and our Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

This defense and indemnification obligation will survive these Terms and your use of the Site.

9. Governing Law and Jurisdiction

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Any disputes arising out of or relating to these Terms or any use of the Site or our Services shall be resolved exclusively through final and binding arbitration in the United Kingdom. The arbitration shall be conducted on a confidential basis pursuant to the rules of the London Court of International Arbitration.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site or our Services.

11. Contact Us

If you have any questions about these Terms, please contact us at:

Dmarkut Digital Marketing Agency

27 Becky Estates Lake Duncan

Worcester, WR2 4HQ

United Kingdom

Email: terms@dmarkut.com

Phone: +44 8500 859776