By accessing or using the services provided by Digova, you agree to be bound by these Terms of Service and all applicable laws and regulations. Please read these terms carefully before using our services.
1. Agreement to Terms
By accessing or using the services provided by Digova ("Company", "we", "our", or "us"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.
2. Services Description
Digova provides digital services including but not limited to:
- Website design and development
- Mobile application development
- Digital marketing services
- Search engine optimization (SEO)
- Conversion rate optimization (CRO)
- Website maintenance and support
The specific scope of services will be outlined in individual project agreements or service contracts.
3. Client Responsibilities
As a client, you agree to:
- Provide accurate and complete information necessary for project completion
- Respond to requests for feedback and approvals in a timely manner
- Provide all required materials, content, and assets as specified in the project agreement
- Ensure you have the legal right to use all materials provided to us
- Make payments according to the agreed-upon schedule
- Comply with all applicable laws and regulations
4. Payment Terms
Payment terms will be specified in individual project agreements. Generally:
- Deposits are non-refundable once work has commenced
- Invoices are payable within the timeframe specified in the agreement
- Late payments may incur additional fees as specified in the project agreement
- We reserve the right to suspend services for accounts with overdue payments
- All fees are quoted in Canadian Dollars (CAD) unless otherwise specified
5. Intellectual Property Rights
5.1 Client-Provided Materials
You retain all rights to materials you provide to us. By providing materials, you grant us a license to use them solely for the purpose of completing your project.
5.2 Deliverables
Upon full payment, you will own the final deliverables as specified in the project agreement. However, we retain the right to use the work in our portfolio and marketing materials unless otherwise agreed in writing.
5.3 Pre-Existing Materials
We retain all rights to pre-existing materials, including but not limited to code libraries, frameworks, templates, and tools developed prior to or independent of your project.
6. Warranties and Representations
We warrant that:
- Services will be performed in a professional and workmanlike manner
- Work will be original or properly licensed
- We have the right to enter into and perform under this agreement
EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGOVA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability shall not exceed the amount paid by you for the specific service giving rise to the claim.
8. Project Timeline
Project timelines are estimates based on the information available at the time of agreement. Timelines may be affected by:
- Delayed client feedback or approvals
- Changes in project scope
- Unavailability of required materials or information
- Technical limitations or unforeseen complications
We will make reasonable efforts to meet agreed-upon deadlines and will communicate any delays promptly.
9. Revisions and Changes
The number of included revisions will be specified in the project agreement. Additional revisions or changes beyond the agreed scope may incur additional fees. Major changes to project scope will require a new agreement or amendment.
10. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement. This obligation continues after the termination of services.
11. Termination
Either party may terminate the agreement with written notice. Upon termination:
- Client is responsible for payment for all work completed
- We will provide all completed work upon receipt of final payment
- Non-refundable deposits will not be returned
12. Third-Party Services
Our services may incorporate or rely on third-party services, tools, or platforms. We are not responsible for the availability, functionality, or policies of third-party services.
13. Maintenance and Support
Ongoing maintenance and support services are available separately and are not included unless specifically stated in the service agreement.
14. Indemnification
You agree to indemnify and hold harmless Digova from any claims, damages, losses, or expenses arising from your breach of these terms or materials you provide.
15. Governing Law
These Terms shall be governed by the laws of the Province of Ontario, Canada. Any disputes shall be resolved in the courts of Ontario.
16. Changes to Terms
We reserve the right to modify these terms at any time. Continued use of our services after changes constitutes acceptance of the modified terms.
17. Severability
If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary.
18. Contact Information
For questions about these Terms of Service, please contact us:
By using Digova's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. These terms constitute the entire agreement between you and Digova regarding the use of our services.