TERMS & CONDITIONS

Welcome to The DFY Brand (“Company,” “we,” “our,” or “us”). These Terms & Conditions (“Agreement”) govern your use of our website, products, and services (“Services”). By engaging in our Services or accessing our website, you (“Client,” “you,” or “your”) agree to comply with and be bound by these Terms & Conditions.

1. Services Provided

The DFY Brand offers digital marketing solutions, including but not limited to:

Digital Advertising Campaigns, Website Development and Optimization, Social Media Marketing and Management, Lead Generation and Client Acquisition Systems, Brand Strategy and Consultation

The specific services to be provided will be outlined in a separate proposal or contract document (“Service Agreement”) between the Client and The DFY Brand.

2. Engagement and Scope of Work

Upon acceptance of a Service Agreement, The DFY Brand will begin work on the agreed-upon services. The scope, deliverables, timeline, and cost will be specified in the Service Agreement. Any changes to the scope of work must be mutually agreed upon in writing and may result in additional fees.

3. Payment Terms

3.1

Fees and Billing: All fees are detailed in the Service Agreement. Payments are to be made according to the schedule outlined in the Service Agreement.

3.2

Late Payments: Late payments will incur a 5% late fee for every 7 days overdue. The DFY Brand reserves the right to suspend services until payment is received.

3.3

Refund Policy: Due to the nature of digital marketing services, all payments made are non-refundable. If the Client wishes to terminate services, they must provide written notice 30 days in advance, and any outstanding payments will remain due.

4. Client Responsibilities

The Client agrees to provide The DFY Brand with all necessary materials, information, and access required to perform the Services. The Client acknowledges that any delays in providing these materials may result in delays in project timelines.

5. Confidentiality

Both parties agree to maintain confidentiality of any proprietary information disclosed during the term of the Agreement. This includes but is not limited to business strategies, marketing plans, customer lists, and proprietary tools.

6. Intellectual Property

6.1

Ownership: All materials, strategies, and assets created by The DFY Brand during the course of this Agreement are the property of The DFY Brand until payment is made in full.

6.2

Licensing: Upon full payment, The DFY Brand grants the Client a non-exclusive, perpetual license to use the delivered materials for their intended purpose.

6.3

Third-Party Assets: The DFY Brand may utilize third-party assets (e.g., images, fonts, software) in the creation of materials. Licensing for these assets remains with the third-party providers, and it is the Client’s responsibility to comply with those licenses.

7. Performance and Guarantees

The DFY Brand does not guarantee specific results such as increased revenue, customer acquisition, or other performance metrics. Digital marketing results are subject to various factors beyond our control, including but not limited to changes in algorithms, user behavior, and market conditions.

8. Term and Termination

8.1

Term: The term of this Agreement will begin on the Effective Date and will continue until terminated by either party as outlined herein.

8.2

Termination: Either party may terminate this Agreement with 30 days' written notice. In the event of termination, the Client agrees to pay for all work completed and expenses incurred up to the termination date.

9. Limitation of Liability

To the maximum extent permitted by law, The DFY Brand shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities. Our total liability for any claim related to this Agreement will not exceed the amount paid by the Client for the Services in question.

10. Indemnification

The Client agrees to indemnify and hold harmless The DFY Brand, its employees, contractors, and affiliates from any claims, liabilities, damages, or expenses arising out of or related to the Client’s use of the Services, breach of this Agreement, or violation of any rights of a third party.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. Any disputes arising from this Agreement shall be resolved through good faith negotiations. If a resolution cannot be reached, the parties agree to submit the dispute to binding arbitration in [Phoenix, Arizona].

12. Force Majeure

The DFY Brand shall not be liable for delays or failure to perform any obligations under this Agreement due to causes beyond its control, including but not limited to acts of God, natural disasters, terrorism, labor disputes, or technical failures.

13. Severability

If any provision of this Agreement is deemed unenforceable or invalid, the remaining provisions shall continue to be in full force and effect.

14. Entire Agreement

This Agreement, together with any Service Agreement or amendments, constitutes the entire agreement between the parties. Any amendments or modifications must be made in writing and signed by both parties.

15. Contact Information

For any questions or concerns about these Terms & Conditions, please contact us at:

The DFY Brand

Email: [email protected]