Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") govern your use of the Digital And Beyond ("D&B", "we", "us" or "our") website and the services we provide. By accessing our website, contacting us for services, or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or services.

The exact scope, deliverables, timelines, fees and responsibilities for any client engagement will be set out in a separate proposal, statement of work, order form, contract or written agreement. If there is a conflict between these website Terms and a signed client agreement, the signed client agreement will apply to that engagement.

2. Our Services

D&B provides digital marketing services, which may include search engine optimisation, AI search optimisation, paid media, content, social media, influencer marketing, web design and development, marketplace management, conversion optimisation, lifecycle automation and white-label services. The specific scope, deliverables, timelines and fees for any engagement are set out in a separate proposal or agreement between us and the client.

3. Client Responsibilities

To deliver our services effectively, we rely on you to provide timely access, information, approvals, feedback, assets and account permissions reasonably required. Delays in providing these may affect timelines, performance and delivery.

You are responsible for ensuring that all content, data, images, trademarks, customer lists, claims, offers and materials you provide are accurate, lawful, and do not infringe any third-party rights. You also agree not to ask us to run misleading, unlawful, infringing or unethical campaigns.

4. Fees & Payment

Fees, billing cycles, retainers, project costs and payment terms are specified in the applicable proposal or agreement. Unless otherwise agreed in writing, fees are exclusive of GST, taxes, duties, payment gateway charges, bank fees, media spend, software subscriptions, stock assets, plugins, tools, hosting, domains and other third-party costs.

Invoices are payable within the timeframe stated on the invoice. Work may be paused for overdue payments. Retainers, deposits and amounts paid for work already performed are non-refundable, unless otherwise agreed in writing. Any pricing shown on this website is indicative and is confirmed in writing before an engagement begins.

5. Advertising Spend & Third-Party Costs

Advertising spend is paid to platforms such as Google, Meta, LinkedIn, Amazon, marketplaces or other media channels. These platforms are independent third parties. We are not responsible for platform billing issues, account suspensions, rejected ads, policy changes, algorithm changes, traffic fluctuations or changes in platform performance.

6. Intellectual Property

Deliverables created specifically for a client become the client’s property upon full payment, unless otherwise agreed. We retain ownership of our own pre-existing methods, tools, templates and know-how. The content, branding and design of this website remain the property of D&B.

Third-party materials such as stock images, fonts, plugins, software, templates or licensed assets remain subject to their own licence terms. Source files, editable files, raw working files or account structures are provided only if expressly included in the applicable proposal or agreement.

7. Portfolio & Case Studies

We may refer to completed work, public campaign outcomes and non-confidential deliverables in our portfolio, credentials, case studies, awards, proposals or marketing materials only where the work is public, non-confidential, or where the client has not restricted such use in writing.

For white-label, confidential or agency-partner work, we will follow the confidentiality terms agreed in writing.

8. Confidentiality

Each party agrees to keep confidential any non-public information shared during an engagement and to use it only for the purpose of delivering or receiving the services.

Confidential information does not include information that is public, already known, independently developed, or lawfully received from another source. We may share confidential information with employees, contractors, consultants or service providers who need access to deliver the services and are bound by confidentiality obligations.

9. Data & Privacy

Each party agrees to comply with applicable data protection and privacy laws. If you provide us with personal data, customer lists, leads, CRM data, analytics access or advertising audience data, you confirm that you have the necessary rights, notices, consents and lawful basis to share that data with us.

Where required, the parties may enter into a separate data processing agreement. Our handling of personal information through our website is described in our Privacy Policy.

10. Third-Party Tools & Platforms

Our services often rely on third-party platforms (for example search engines, ad networks, analytics, email and messaging providers). We are not responsible for changes to, or the availability, policies or performance of, those third-party platforms.

11. No Guarantee of Results

Digital marketing outcomes depend on many factors outside our control, including search-engine and platform algorithms, competition and market conditions. While we work to the highest professional standard and report transparently, we do not guarantee specific rankings, traffic, leads, sales or AI-citation results.

12. Limitation of Liability

To the maximum extent permitted by law, D&B shall not be liable for indirect, incidental, special, consequential, punitive or business losses, including loss of profits, revenue, data, goodwill, advertising spend or business opportunity.

Our total liability for any claim relating to an engagement shall not exceed the fees paid to us for that engagement during the three months immediately before the claim arose, unless a different limit is agreed in writing. Nothing in these Terms limits liability that cannot legally be limited.

13. Indemnity

You agree to indemnify and hold D&B harmless from claims, losses, liabilities, damages, costs or expenses arising from materials, content, data or instructions you provide; your products, services, claims, offers or campaigns; your breach of these Terms or applicable law; or your breach of third-party rights or platform policies.

14. Term & Termination

Either party may terminate an engagement in accordance with the terms of the applicable proposal or agreement. On termination, the client remains responsible for fees and third-party costs incurred up to the termination date.

Clauses relating to payment, confidentiality, intellectual property, liability, indemnity and governing law will continue to apply after termination.

15. Website Use

You may use our website for lawful business and informational purposes only. You must not misuse the website, attempt unauthorised access, scrape content without permission, copy our website materials, interfere with security, or use the website in a way that violates applicable law.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of India, and any disputes shall be subject to the exclusive jurisdiction of the courts of Mumbai, Maharashtra.

17. Changes to These Terms

We may update these Terms from time to time. The current version will always be posted on this page with the "last updated" date. Continued use of our website or services after changes take effect constitutes acceptance of the revised Terms.

18. Contact Us

Questions about these Terms can be sent to hello@digitalandbeyond.in or via our contact page.

Digital And Beyond
Mumbai, Maharashtra, India