Terms of Service

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 Last updated: August 21, 2025

Welcome to DigiMark Strategies. By accessing or using our website, services, or marketing programs (collectively, the “Services”), you agree to these Terms of Service. Please read them carefully.

We provide digital marketing, advertising, and lead-generation services. This may include campaign strategy, creative development, media buying and placement (Facebook, Instagram, Google, TikTok, LinkedIn, etc.), website/landing-page design, analytics, and related consulting.

The scope of Services is agreed in advance through email, phone, or video call (“Authorized Communication”). Each Authorized Communication is incorporated into these Terms by reference.

Services are offered on a month-to-month basis. There is no minimum term. These Terms remain in effect until canceled or terminated in accordance with Section 6.

• Management Fees: You agree to pay a monthly management fee (“Management Fee”), invoiced in advance each month.
   
• Ad Spend:
  
  
  • DigiMark-Funded Campaigns: If DigiMark funds your ad spend, you must pre-fund the agreed budget in full before campaigns launch.
     
  • Client-Funded Campaigns: If ad spend is billed to your own accounts/cards, you remain responsible for all charges. If charges are reversed, clawed back, or unpaid, you must immediately reimburse DigiMark.
     
  • Security Deposit: We may require a refundable deposit equal to one month’s projected ad spend.
     
• Invoices & Payments: Fees are invoiced electronically and payable by ACH, credit card, or wire. By providing a payment method, you authorize DigiMark (and our payment processors) to charge that method for all amounts due. You are responsible for maintaining at least one valid payment method on file.
   
• Late Payments: Balances not paid when due accrue interest at 5% per month until paid.
   
• Taxes: You are responsible for all applicable taxes (except DigiMark’s income tax).
   

Requests for services outside of the agreed scope may require a change order and additional fees.

By using our Services, you agree to:

• Provide timely access to accounts, platforms, creative assets, and decision-makers.
   
• Ensure all supplied content is accurate, legal, and compliant with platform policies.
   
• Maintain valid payment methods for ad spend.
   
• Comply with all industry-specific regulations (HIPAA, GLBA, etc.).
   
• Warrant that you own or have licenses for all supplied creative assets.
   
• Accept responsibility for all lead accuracy and compliance with TCPA/CAN-SPAM.
   
• Act as the data controller for personal data collected (DigiMark acts as processor).
   

• For Convenience: Either party may cancel with 30 days’ written notice.
   
• For Cause: DigiMark may suspend or terminate immediately for non-payment or material breach uncured within five (5) days.
   
• Effect: Fees earned and ad spend already committed are non-refundable.
   

Both parties agree to maintain confidentiality of non-public information and only use it as needed to perform Services.

• Pre-existing IP remains the property of the respective party.
   
• Client owns campaign data and deliverables.
   
• DigiMark retains ownership of methodologies, processes, and tools, granting Client a limited license to use them for the duration of the Services.
   

• Results depend on many factors beyond DigiMark’s control. We do not guarantee specific outcomes unless explicitly stated.
   
• DigiMark is not liable for any loss of media budgets.
   
• DigiMark’s liability is limited to fees paid in the three months preceding a claim.
   
• Neither party is liable for indirect, consequential, or punitive damages.
   

You agree to indemnify and hold DigiMark harmless from any third-party claims arising from your content, compliance failures, or breach of these Terms.

• You agree not to solicit DigiMark personnel during the term of Services and for 12 months thereafter without written consent.
   
• Both parties agree not to publicly disparage each other during the term of Services and for 12 months thereafter.
   

• These Terms are governed by the laws of Texas, USA.
   
• Exclusive venue is Bexar County, Texas.
   
• Disputes shall be resolved through binding arbitration in San Antonio, Texas under AAA rules. The prevailing party is entitled to reasonable attorneys’ fees.
   

• Force Majeure: We are not liable for delays beyond our control.
   
• Assignment: You may not assign these Terms without our consent.
   
• Portfolio Rights: DigiMark may reference Client name and results in marketing unless you withdraw consent.
   
• Entire Agreement: These Terms plus Authorized Communications form the complete agreement.
   
• Electronic Signatures: Electronic agreements are binding.
   
• Independent Contractor: DigiMark provides services as an independent contractor.
   
• No Third-Party Beneficiaries: These Terms do not create rights for third parties.
   

For questions regarding these Terms of Service, please contact us at:

📧 info@digimarkstrategies.com