Last Updated: May 1, 2023
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.
In these Terms, the following definitions apply:
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.
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.
You may not create more than one account without our express permission. We reserve the right to terminate any duplicate accounts.
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.
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.
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.
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.
Our refund policy is outlined in our separate Refund Policy, which is incorporated into these Terms by reference.
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.
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.
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.
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.
You agree not to engage in any of the following prohibited activities:
You agree that any User Content you post to the Site will not:
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.
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.
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.
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:
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.
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:
This defense and indemnification obligation will survive these Terms and your use of the Site.
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.
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.
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