Definitions and Scope
The following terms are used throughout these Terms & Conditions and are defined here for clarity.
Acceptable Use of the Website
Users may access the website for lawful personal or business purposes. Users must not:
- Use the website for unlawful activities
- Attempt to gain unauthorised access
- Interfere with website security
- Introduce malware, viruses or harmful code
- Copy or misuse website content without permission
- Scrape or extract data without written consent
- Misrepresent identity or authority
- Submit false or misleading information
- Abuse enquiry or contact forms
- Attempt to disrupt website functionality
- Use content to impersonate Digital Maria
- Violate intellectual property rights
- Use automated tools in a harmful or excessive manner
Where Digital Maria provides access credentials, files, dashboards or collaboration tools, the user must protect those credentials and notify Digital Maria of suspected misuse.
Service Engagement and Project Confirmation
Submitting an enquiry does not automatically create a client relationship. A project becomes confirmed only when one or more of the following occurs:
- A proposal is accepted in writing
- A quotation is approved
- An invoice or advance payment is paid
- A statement of work is signed
- A service agreement is accepted
- Digital Maria confirms project commencement in writing
Project Scope May Define
- Services included and deliverables
- Timeline and revision limits
- Client responsibilities and payment schedule
- Exclusions and third-party costs
- Required approvals and access
- Ownership and licensing terms
- Support period
Scope Changes
Any request outside the approved scope may require revised pricing, additional time, a new proposal, written approval or separate billing.
Client Dependencies
Project timelines may depend on the client providing content, brand guidelines, login credentials, feedback, approvals, images or videos, product information, legal disclaimers, access to platforms or other required materials. Delays in receiving required materials or approvals may affect delivery dates.
Fees and Payment Terms
Fees, payment schedules and due dates will be described in the relevant quotation, proposal, invoice or agreement. Possible payment structures may include full advance, partial advance, milestone payments, monthly retainers, recurring fees, project-based or custom billing.
Payment Responsibilities
- Paying invoices by the stated due date
- Providing accurate billing information
- Paying applicable taxes where required
- Covering approved third-party costs
- Paying advertising budgets directly where agreed
- Paying additional charges for approved scope changes
Taxes
Fees may be exclusive of applicable taxes unless stated otherwise in the invoice or proposal.
Refunds
Refund eligibility depends on the approved proposal, work already completed, time committed, third-party costs incurred, digital assets purchased, project stage, contractual commitments and nature of the service. Completed work, approved milestones, purchased licences, third-party fees, advertising spend and work already delivered may be non-refundable where legally permitted.
Advertising Spend
- Advertising spend may be paid directly to the advertising platform
- Media budget is separate from service fees unless expressly stated
- Platform charges are controlled by the relevant platform
- Digital Maria does not guarantee reimbursement for platform charges
- Client approval may be required before major budget changes
Delivery, Feedback and Revisions
Estimated timelines may depend on project complexity, client response time, scope changes, platform approvals, third-party services, technical issues, availability of materials, payment status and force majeure events.
Revisions
The number and type of revisions included will be specified in the proposal or service agreement.
- Revisions must relate to the approved scope
- Feedback should be consolidated
- Major direction changes may be chargeable
- New concepts may be treated as additional work
- Delayed feedback may affect timelines
- Revisions requested after final approval may be separately billed
Client Approval
A deliverable may be treated as approved when the client confirms in writing, publishes or uses it, instructs launch, or fails to provide feedback within a project-specific review period stated in the proposal.
Final Delivery and Archiving
Final files and formats will be provided according to the approved scope. Editable source files, project files, raw footage, design files or working files are not automatically included unless expressly stated. Digital Maria may retain project files for a reasonable operational period but does not guarantee permanent storage. Clients should securely save final deliverables.
Ownership and Intellectual Property
Digital Maria Website Content
Unless otherwise stated, the website's text, design, layout, graphics, branding, icons, visual elements, code, service descriptions and original materials belong to or are licensed to Digital Maria. Users may not reproduce, distribute, modify, republish or commercially exploit website content without permission.
Client Materials
The client retains responsibility for materials supplied, including logos, images, videos, trademarks, product information, music, documents, customer data, marketing claims and third-party assets. The client confirms that it has the right to use and provide those materials.
Project Deliverables
Ownership of final deliverables will depend on the approved proposal or agreement. Where full ownership transfer is agreed, it generally takes effect after all related invoices are paid, subject to third-party licences and retained Digital Maria tools or know-how.
Pre-Existing Materials
Digital Maria may retain ownership of internal processes, templates, reusable code, methods, frameworks, tools, techniques, general know-how, licensed third-party components and pre-existing assets.
Third-Party Assets
Stock images, fonts, music, plugins, software, themes, templates, footage and other licensed assets remain subject to their original licence terms.
Third-Party Platforms and Service Limitations
Digital Maria may work with third-party platforms such as search engines, social media platforms, advertising platforms, hosting systems, website plugins, analytics tools, payment services, communication tools, domain providers and software platforms.
Digital Maria does not control platform algorithms, account suspensions, policy changes, ad rejections, search ranking changes, third-party outages, hosting interruptions, software updates, platform pricing, user account decisions or third-party security incidents.
Results may depend on market conditions, competition, product quality, pricing, client response process, budget, platform changes, audience demand, website quality, sales team performance, client approvals, economic conditions and third-party systems.
Website Availability
Digital Maria may update, maintain, suspend or modify website features when reasonably required. Continuous error-free website availability cannot be guaranteed.
Professional Judgment
Advice, recommendations and strategies are based on available information, professional experience and reasonable analysis. Clients remain responsible for final business decisions.
Responsibilities and Legal Limitations
Confidentiality
Digital Maria and the client should protect confidential business information shared during a project, including business plans, login credentials, customer data, campaign information, pricing, strategies, unpublished materials, internal documents and product information.
Confidentiality obligations do not apply to information that is publicly available, was already lawfully known, is received lawfully from another source, is independently developed or must be disclosed by law.
Limitation of Liability
To the maximum extent permitted by applicable law, Digital Maria should not be liable for indirect, incidental, special or consequential losses arising from website use, third-party platforms, service interruptions, client actions or reliance on unverified information.
Client Responsibility
- Final approvals and legal compliance of products and claims
- Customer service and sales follow-up
- Privacy notices and advertising disclosures
- Industry-specific compliance
- Accuracy of supplied information
- Maintaining account security
Indemnity
Where legally permitted, a user or client may be responsible for claims or losses arising from unlawful materials, infringement, false information, misuse of services or violation of these Terms.
Suspension or Termination
Digital Maria may suspend or terminate services where payments remain overdue, the client materially breaches the agreement, required cooperation is not provided, illegal or harmful activity is requested, platform policies are violated, abuse or threats occur, or continuing work creates legal or reputational risk.
Clients may terminate according to the relevant proposal or agreement. Termination does not remove obligations relating to outstanding payments, completed work, third-party costs, confidentiality, intellectual property, legal claims or clauses intended to survive termination.
General Legal Terms
Governing Law
These Terms are intended to be governed by the laws applicable in India, subject to any mandatory rights or laws that apply to the user or client.
Dispute Resolution
Before beginning formal legal proceedings, the parties should first attempt to resolve a dispute through good-faith written communication. Any formal jurisdiction clause should be confirmed by a qualified legal professional before publication.
Severability
If one part of these Terms is found invalid or unenforceable, the remaining provisions should continue to apply where legally possible.
No Waiver
Failure to enforce a provision immediately does not necessarily waive the right to enforce it later.
Assignment
Users or clients should not transfer contractual rights or obligations without written approval where required. Digital Maria may transfer rights as part of a lawful business restructuring, merger or transfer, subject to applicable law.
Entire Agreement
The approved proposal, service agreement, statement of work and these Terms may together form the agreement between Digital Maria and the client.
Changes to These Terms
Digital Maria may update these Terms when services, business practices, technology, legal requirements or website functionality change. The updated page will display the new effective and last-updated dates.
Effective Date: 13 July 2026 · Last Updated: 13 July 2026
Contact Digital Maria
If you have any questions, concerns or requests regarding these Terms & Conditions, please contact Digital Maria using the details below.