Terms of Service

Last updated: September 2026

1. Introduction & Acceptance

These Terms of Service (“Terms”) govern the use of the services provided by DigiMark Aura (“DigiMark Aura,” “we,” “our” or “us”).

By requesting, purchasing or engaging DigiMark Aura for any service, you (“Client,” “you” or “your”) acknowledge that you have read, understood and agreed to these Terms. 

These Terms apply together with any proposal, quotation, Statement of Work, service agreement or other written document issued and accepted for a specific engagement.

Where a specific signed agreement or proposal contains terms that conflict with these Terms, the terms of the specific agreement will prevail for that particular engagement. 

 

2. Services

DigiMark Aura provides digital marketing and related consulting services (including, but not limited to). 

Depending on the engagement, services may include:

  • Search Engine Optimisation (SEO)
  • Content Marketing
  • Performance Marketing / Google & Meta Ads
  • AI Search Optimization
  • Local SEO & Google Business Profile Support
  • Digital Marketing Strategy & Consulting
  • Website and Conversion Optimisation
  • Analytics, Tracking and Performance Reporting
  • Lead Generation and Marketing Outreach
  • Other digital marketing services agreed upon in writing

The specific services, deliverables, timelines, platforms, frequency and scope applicable to a particular client will be defined in the relevant proposal, quotation, Statement of Work or service agreement.

DigiMark Aura may modify, add or discontinue specific service offerings from time to time. 

 

3. Service Agreements & Scope

Before commencing a paid engagement, DigiMark Aura and the Client may agree to a written proposal, quotation, Statement of Work or service agreement (“Service Agreement”).

The Service Agreement may specify:

  • Services to be provided
  • Deliverables and expected outputs
  • Project or campaign timelines
  • Fees and payment schedule
  • Advertising or third-party platform budgets
  • Reporting and communication arrangements
  • Client responsibilities
  • Any engagement-specific terms or exclusions
DigiMark Aura will provide services based on the agreed scope. 
 

Any work requested outside the agreed scope may be treated as additional work and may require a separate fee, revised timeline or written approval before commencement. 

Changes to the scope, deliverables or timelines may affect the applicable fees and delivery schedule.

Where a Service Agreement does not specify a particular matter, these Terms will apply. 

 

4. Fees & Payment Terms

Fees for DigiMark Aura’s services will be specified in the applicable proposal, quotation, Statement of Work or Service Agreement.

Unless otherwise agreed in writing:

  • A 50% advance payment is required before work begins.
  • The remaining 50% balance is payable on or before the 25th of the applicable month, as specified in the Service Agreement. 
  • Monthly or recurring service fees are payable according to the agreed billing schedule. 
  • Advertising spend, platform fees, software subscriptions, third-party costs and other external charges are separate from DigiMark Aura’s service fees, unless expressly stated otherwise. 
  • Advertising budgets are paid directly by the Client to the relevant advertising platform wherever possible. DigiMark Aura does not take ownership of or guarantee the Client’s advertising budget.
  • The Client is responsible for providing accurate billing and payment information required for third-party platforms or services. 
  • Work may be paused or delayed if required payments are overdue.
  • Any additional work outside the agreed scope may be subject to additional fees, which will be communicated to the Client before the additional work begins. 
Late Payments

If an invoice or agreed payment remains unpaid after its due date, DigiMark Aura may, after providing reasonable notice:

  • Pause ongoing work or campaigns;
  • Delay delivery of pending work;
  • Suspend access to services being provided by DigiMark Aura; and/or
  • Require outstanding amounts to be settled before resuming work. 
Any consequences of delayed payment will not affect the Client’s responsibility for fees already incurred or work already completed. 
 

5. Minimum Commitment & Renewal

Unless otherwise stated in the applicable Service Agreement, recurring service packages are subject to a minimum initial commitment of three (3) months. 

During the initial commitment period:

  • The Client agrees to maintain the engagement for the agreed minimum period.
  • DigiMark Aura will continue providing the agreed services subject to timely payments and the Client fulfilling its responsibilities.
  • Requests to terminate the engagement before the minimum period may be subject to the terms specified in the applicable Service Agreement. 

After completion of the initial commitment period, recurring services will continue on a month-to-month basis unless otherwise agreed in writing.

Either party may terminate a continuing monthly engagement by providing 30 days written notice, subject to any outstanding payment obligations and the terms of the applicable Service Agreement. 

 

6. Client Responsibilities

The Client agrees to provide the information, materials, approvals, access and cooperation reasonably required for DigiMark Aura to perform the agreed services.

The Client is responsible for:

  • Providing accurate, complete and timely information relevant to the engagement.
  • Providing required access to advertising accounts, websites, analytics platforms, social media accounts, business profiles and other relevant systems.
  • Providing logos, images, videos, written content, brand guidelines, and other materials where required. 
  • Reviewing and approving content, advertisements, strategies or other deliverables within the agreed timelines. 
  • Providing timely feedback and communicating any material changes to business objectives, offers, products, services or target audiences. 
  • Ensuring that information, content, claims, trademarks, images and other materials supplied by the Client may lawfully be used for the intended purposes. 
  • Maintaining appropriate ownership and administrative access to its own accounts and third-party platforms.
  • Paying third-party advertising budgets, subscriptions and other external costs when applicable. 
  • Informing DigiMark Aura of any legal, regulatory, industry-specific or internal requirements that may affect the marketing activities. 
Delays Caused by the Client
DigiMark Aura will not be responsible for delays, missed deadlines or reduced performance caused by the Client’s failure to provide required information, approvals, access, materials or payments within a reasonable timeframe. 

Where Client-side delays materially affect the agreed timeline, DigiMark Aura may reasonably adjust the delivery schedule. 

 

Account Access & Security

The Client should provide account access through appropriate methods and should not share passwords unnecessarily. Where possible, access should be provided using role-based permissions, invitations or other secure access methods. 

The Client remains responsible for maintaining ownership of its accounts and should retain appropriate administrative access.

7. Results & Performance

DigiMark Aura uses reasonable professional efforts and data-driven strategies to improve the performance of the services provided. However, digital marketing results depend on numerous factors that may be outside our control. 

These factors may include:

  • Industry and market conditions
  • Competition
  • Advertising budgets
  • Target audience behaviour
  • Pricing, offers and product-market fit
  • Website quality and conversion rates
  • Client responsiveness and implementation
  • Search engine and advertising platform algorithms
  • Platform policies and account restrictions
  • Historical account performance
  • Seasonality and external market conditions

Accordingly, DigiMark Aura does not guarantee specific rankings, traffic levels, leads, conversions, revenue, sales, return on ad spend (ROAS), cost per acquisition (CPA) or other specific business outcomes, unless a specific written agreement expressly provides otherwise. 

SEO

SEO performance and search rankings can fluctuate due to search engine algorithm updates, competition, technical changes and other factors. No specific search ranking or timeline for achieving a particular ranking is guaranteed. 
 

Paid Advertising
For Google Ads, Meta Ads or other paid advertising campaigns, DigiMark Aura does not guarantee a particular number of leads, sales, conversions, ROAS, CPA or other performance metric. 

Advertising platforms may change their algorithms, policies, targeting options, pricing, review processes or account requirements at any time. 

Client’s Business Results

DigiMark Aura provides marketing services and recommendations based on the information and resources available to us. We do not control the Client’s products, services, pricing, sales process, customer service, website infrastructure or broader business operations. 

Therefore, marketing performance should not be interpreted as a guarantee of the Client’s overall business results. 

 

8. Third-Party Platforms and Services

DigiMark Aura may use or manage third-party platforms and services as part of providing digital marketing services. These may include, depending on the Client’s engagement:

  • Google Ads
  • Google Analytics
  • Google Search Console
  • Meta Ads and Meta Business Tools
  • Instagram
  • LinkedIn
  • Google Business Profile 
  • Website hosting and content management platforms
  • Email and communication platforms
  • Analytics, reporting and marketing tools
  • Other third-party platforms agreed upon for a particular engagement
The Client acknowledges that these platforms are independently operated by third parties and are subject to their own terms, policies, pricing, technical requirements and privacy practices. 

DigiMark Aura does not control third-party platform decisions, including:

  • Account approvals or suspensions
  • Algorithm changes
  • Search ranking changes
  • Changes to platform features or policies
  • Platform outages or technical failures
  • Changes in advertising costs or availability
  • Restrictions imposed by third-party providers

Where a third-party platform changes its policies, functionality or technical requirements, DigiMark Aura may need to adjust the strategy, scope or implementation of the relevant services. 

The Client remains responsible for complying with the applicable terms and policies of third-party platforms associated with its accounts and business activities. DigiMark Aura may assist with compliance and troubleshooting where included within the agreed scope, but cannot guarantee that a third-party platform will approve, maintain or restore an account or campaign. 

 

Third-Party Costs

Unless expressly included in the Service Agreement, costs charged by third-party platforms or providers are separate from DigiMark Aura’s service fees.

These may include:

  • Advertising spend
  • Software subscriptions
  • Hosting or domain fees
  • Premium tools
  • Platform charges
  • Stock assets or other third-party resources
9. AI-Assisted Services & Tools
DigiMark Aura may have use artificial intelligence (AI), machine learning and automated tools as part of providing its services. These tools may be used for purposes such as research, analysis, content development, data interpretation, campaign optimization, workflow automation, monitoring and other marketing activities.

AI tools may assist our team but do not replace human strategy, review, or decision-making. Where appropriate, AI-assisted outputs may be reviewed, edited, fact-checked and refined by DigiMark Aura before being delivered or implemented. 

AI-generated or AI-assisted outputs may contain inaccuracies, omissions or unintended results. While DigiMark Aura will take reasonable steps to review such outputs, we do not guarantee that AI-generated information or outputs will always be completely accurate, current or error-free.

Some AI-tools may be provided by third-party providers and may be subject to their own terms, privacy policies and data practices. Where relevant, the use of such tools will be subject to the applicable third-party terms and the scope of the engagement. 

The use of AI or automated tools does not change the agreed scope of services, fees, timelines, client responsibilities or other terms of the applicable Service Agreement unless otherwise agreed in writing.

 
10. Intellectual Property

Unless otherwise agreed in writing, each party retains ownership of the intellectual property it owned before the engagement.

 

DigiMark Aura’s Intellectual Property 

DigiMark Aura retains ownership of its pre-existing and independently developed:

  • Strategies and frameworks
  • Processes and methodologies
  • Templates
  • Internal tools
  • Systems and workflows
  • Know-how
  • Proprietary materials
  • General concepts and techniques
The Client does not acquire ownership of these underlying materials merely because they are used in providing the services. 
 
Client-Specific Deliverables
Subject to full payment of all amounts due for the relevant work, DigiMark Aura will grant or transfer to the Client the rights to use the final, client-specific deliverables expressly included in the applicable Service Agreement. 

The specific ownership or license applicable to deliverables may be defined in the relevant Service Agreement. 

Unless otherwise agreed, DigiMark Aura may retain the right to use general skills, knowledge, techniques, methodologies and non-confidential know-how developed or acquired during the engagement. 

 

Third-Party Materials

Some deliverables may incorporate third-party materials, software, fonts, stock assets, platform features, plugins or other resources that are subject to separate licenses or terms. 

The Client’s rights to such materials will be subject to the applicable third-party license or terms. 

 

Unpaid Work

Until all applicable fees have been paid in full, DigiMark Aura retains ownership or control of unpaid client-specific deliverables to the extent permitted by applicable law and the applicable Service Agreement. 

 

11. Client Materials & Permissions

The Client may provide DigiMark Aura with materials, information or access required to perform the agreed services. These may include: 

  • Logos and brand assets
  • Images, videos and graphics
  • Website content and copy
  • Product or service information
  • Trademarks and brand elements
  • Advertising materials
  • Customer or audience information
  • Website, social media or advertising account access
  • Other materials supplied by or on behalf of the Client
The Client represents and warrants that it has the necessary rights, permissions and authority to provide these materials and authorize DigiMark Aura to use them for the agreed purposes. 
 
The Client is responsible for ensuring that materials supplied to DigiMark Aura do no knowingly infringe the intellectual property, privacy, publicity or other rights of any third party or violate applicable laws. 
 
The Client authorizes DigiMark Aura to use the supplied materials solely as reasonably necessary to perform the agreed services, unless otherwise agreed in writing. 
 

DigiMark Aura is not responsible for claims arising from the Client’s unauthorized, unlawful or infringing materials, instructions or representations, except to the extent caused by DigiMark Aura’s own actions or obligations under the applicable agreement. 

The Client remains responsible for ensuring that information provided to DigiMark Aura is accurate and appropriate for the intended marketing use. 

 

12. Confidentiality

During an engagement, either party may receive or have access to confidential or non-public information belonging to the other party. 

“Confidential Information” may include business plans, marketing strategies, customer information, pricing information, account credentials, financial information, internal processes, campaign data, technical information and other information that is reasonably understood to be confidential. 

Each party agrees to:

  • Use Confidential Information only for purposes related to the engagement.
  • Take reasonable measures to protect Confidential Information from unauthorized access, disclosure or misuse.
  • Disclose Confidential Information only to employees, contractors or professional advisors who reasonably need access to perform their responsibilities and who are subject to appropriate confidentiality obligations. 
Confidentiality obligations do not apply to information that:
  • Is publicly available through no breach of these Terms;
  • Was already lawfully known by the receiving party;
  • Is independently developed without using the other party’s Confidential Information;
  • Is lawfully received from a third party without a confidentiality obligation; or 
  • Must be disclosed by law, regulation, court order or lawful governmental request. 
Where disclosure is legally required, the receiving party may disclose only the information reasonably necessary to comply with the applicable requirement, where legally permitted. 
 
These confidentiality obligations will continue after the engagement ends for as long as the information remains confidential, subject to applicable law. 
 
13. Advertising Account Ownership & Access
Unless otherwise agreed in writing, advertising and business accounts created specifically for the Client should be created under the Client’s ownership or under an account structure that allows the Client to retain appropriate ownership and administrative control. 
 
These accounts may include:
  • Google Ads
  • Meta Business Manager and Meta Ads
  • LinkedIn
  • Google Business Profile
  • Analytics and measurement platforms
  • Other advertising, social media or marketing platforms
DigiMark Aura may be granted appropriate access to these accounts for the purpose of managing campaigns, implementing agreed strategies, reviewing performance and providing the services. 
 
The Client remains responsible for maintaining ownership of its accounts, billing information and primary administrative access. 
 
DigiMark Aura is not responsible for loss of access caused by inaccurate account information, Client actions, third-party platform decisions, compromised Client credentials or circumstances outside DigiMark Aura’s reasonable control. 
 
Where DigiMark Aura creates an account, asset or campaign structure on behalf of the Client, the ownership and access arrangements will be determined by the applicable Service Agreement and the policies of the relevant platform. 
 
When an engagement ends, DigiMark Aura will, where reasonably practicable, cooperate with the Client to transfer or return appropriate account access and client-owner assets, subject to payment of all outstanding amounts and the applicable platform’s procedures. 
 
14. Suspension & Termination
Either party may terminate an engagement in accordance with the notice and minimum commitment requirements set out in the applicable Service Agreement and these Terms. 
 
DigiMark Aura may suspend or terminate services, subject to applicable law and the terms of the Service Agreement, where:
  • The Client fails to make required payments after receiving reasonable notice.
  • The Client repeatedly fails to provide information, access, approvals or cooperation necessary to perform the services. 
  • The Clients requests or requires DigiMark Aura to engage in unlawful, fraudulent, misleading or materially non-compliant activities. 
  • The Client materially breaches these Terms or the applicable Service Agreement and fails to remedy the breach within a reasonable period after notice. 
  • Continued performance of the engagement would create a material legal, security or reputational risk for DigiMark Aura.
  • A third-party platform restricts or suspends an account in a way that prevents DigiMark Aura from reasonably performing the agreed services. 
The Client may request termination in accordance with the applicable notice period and minimum commitment requirements. 
 
Effect of Termination
When an engagement ends:
  • DigiMark Aura will stop providing the affected services after the applicable termination date, subject to any agreed transition period. 
  • The Client remains responsible for fees and expenses incurred up to the effective termination date.
  • Outstanding invoices and other amounts due become payable according to the applicable Service Agreement. 
  • DigiMark Aura may suspend access to work or deliverables that remain unpaid, to the extent permitted by applicable law. 
  • Client-owned accounts and assets will be handled in accordance with the applicable Service Agreement and relevant platform procedures. 
  • Each party will, where reasonably practicable, return or securely dispose of the other party’s confidential information, subject to legal, regulatory, backup and legitimate business record requirements.
  • Provisions that by their nature should continue after termination, including confidentiality, intellectual property, payment obligations, limitation of liability, indemnification and dispute provisions, will survive termination.
Termination does not automatically cancel amounts already earned or obligations that accrued before the termination date. 
 
15. Refunds & Outstanding Payments
Because DigiMark Aura provides professional services that involve time, strategy, planning, execution and resources allocated specifically to each engagement, fees for work already performed are generally non-refundable, subject to applicable law and the terms of the applicable Service Agreement. 
 
Where a project or engagement is terminated before completion:
  • Fees relating to services already performed remain payable.
  • Approved third-party costs, advertising spend, software subscriptions, platform fees and other external costs incurred on behalf of the Client are generally non-refundable.
  • Any refund or credit, where applicable, will be determined based on the specific Service Agreement, work completed, amounts already incurred and applicable law. 
  • No refund will be due solely because the Client does not achieve a particular marketing or business result, where DigiMark Aura has performed the agreed services. 
  • Any outstanding balance must be paid according to the applicable payment terms, even if the engagement is terminated. 
If DigiMark Aura is unable to provide a material portion of an agreed service due to circumstances within DigiMark Aura’s reasonable control, the parties may discuss an appropriate adjustment, credit or other resolution in accordance with the applicable Service Agreement and applicable law. 
 
16. Limitation of Liability
 To the maximum extent permitted by applicable law, DigiMark Aura will not be liable for indirect, incidental, special, consequential or punitive losses, or for loss of profits, revenue, business opportunities, anticipated savings, goodwill, data or other intangible losses arising from or relating to the services. 
 
DigiMark Aura will not be responsible for losses resulting from:
  • Changes to search engine or advertising platform algorithms.
  • Suspension, restriction, rejection or termination of third-party accounts. 
  • Changes to third-party platform policies, pricing or functionality. 
  • Website hosting, domain, software or infrastructure failures outside DigiMark Aura’s reasonable control. 
  • Client-provided content, information, instructions or materials.
  • Client decisions or actions taken based on marketing recommendations.
  • Market conditions, competition or factors affecting the Client’s business.
  • Events or circumstances outside DigiMark Aura’s reasonable control. 
To the maximum extent permitted by applicable law, DigiMark Aura’s total aggregate liability arising out of or relating to a particular engagement will not exceed the total professional fees actually paid to DigiMark Aura by the Client for that engagement during the three (3) months immediately preceding the event giving rise to the claim. 
 
 Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law. 
 
17. Indemnification
 To the maximum extent permitted by applicable law, the Client agrees to indemnify and hold harmless DigiMark Aura, its owners, employees, contractors and representatives from claims, losses, damages, liabilities, costs and reasonable expenses arising from or related to:
  • Materials, content, data, trademarks, images or other assets supplied by the Client that infringe or allegedly infringe the rights of a third party. 
  • The Client’s products, services, business practices, claims or representations made in marketing materials. 
  • The Client’s violation of applicable laws, regulations, advertising requirements or third-party platform policies. 
  • Unauthorized or unlawful instructions provided by the Client. 
  • The Client’s misuse of the services, deliverables, advertising accounts or third-party platforms. 
  • The Client’s breach of these Terms or the applicable Service Agreement.
The Client will reasonably cooperate with DigiMark Aura in responding to any such claim.
 
DigiMark Aura will provide reasonable notice of a claim for which indemnification is sought, where legally and practically possible. 
 
This indemnification does not apply to the extent that a claim results directly from DigiMark Aura’s own proven negligence, wilful misconduct or breach of its applicable contractual obligations. 
 
18. Force Majeure
DigiMark Aura will not be considered in breach of these Terms or an applicable Service Agreement, and will not be liable for delays or failure to perform caused by circumstances beyond its reasonable control. 
 
Such circumstances may include:
  • Internet or telecommunications failures
  • Hosting or infrastructure outages
  • Cyberattacks or significant security incidents
  • Third-party platform outages or failures
  • Changes to third-party platform policies, algorithms or technical systems
  • Government actions, restrictions or regulatory changes
  • Natural disasters, fire, flood or other serious environmental events
  • War, civil unrest or acts of terrorism 
  • Epidemics or public health emergencies
  • Strikes, labour disruptions or supply-chain disruptions
  • Other events that could not reasonably have been prevented or controlled by DigiMark Aura
Where reasonably possible, DigiMark Aura will take commercially reasonable steps to mitigate the impact of such circumstances and resume the affected services as soon as reasonably practicable. 
 
If a force majeure event materially affects an engagement for an extended period, the parties may discuss appropriate adjustments to timelines, scope or termination arrangements. 
 
 19. Independent Contractor Relationship
DigiMark Aura provides services as an independent contractor. 
 
Nothing in these Terms or any Service Agreement creates or is intended to create an employment relationship, partnership, joint venture, agency or other similar relationship between DigiMark Aura and the Clients, unless expressly agreed in writing. 
 
Neither party has authority to bind the other party or make commitments on the other party’s behalf except where expressly authorized. 
 
The Client is responsible for its own employees, contractors, business operations, taxes and statutory obligations unless otherwise agreed in writing. 
 
20. Governing Law & Dispute Resolution
These Terms and any Service Agreement will be governed by and interpreted in accordance with the laws of India, without regard to conflict-of-law principles.
 
The parties will first attempt to resolve any dispute, disagreement or claim arising from or relating to the services through good-faith discussions. 
 
If the dispute cannot be resolved through good-faith discussions, either party may pursue the remedies available under applicable law before a court or other competent authority having jurisdiction.
 
Unless otherwise agreed in writing, the courts having appropriate jurisdiction in Dehradun, Uttarakhand, India will have jurisdiction over disputes arising from these Terms or the applicable Service Agreement, subject to applicable law.  
 
21. Changes to These Terms
DigiMark Aura may update these Terms of Service from time to time to reflect changes to our services, business practices, technology or applicable legal requirements. 
 
When we make changes, we will update the “Last updated” date at the beginning of these Terms. Where appropriate, we may provide additional notice of material changes through our website or other suitable communication channels.
 
Your continued use of our website or continued engagement with DigiMark Aura after updated Terms become effective constitutes acceptance of the revised Terms, to the extent permitted by applicable law.
 
For an existing client engagement, any material change to commercial terms already agreed in a signed Service Agreement will apply according to that agreement unless the parties agree otherwise in writing. 
 
22. Severability & Entire Agreement
If any provision of these Terms is found to be invalid, unlawful or unenforceable by a court or competent authority, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where permitted by law. The remaining provisions will continue in full force and effect. 
 
These Terms, together with the applicable proposal, quotation, Statement of Work or Service Agreement and any other documents expressly incorporated into the engagement, constitute the agreement between DigiMark Aura and the Client regarding the relevant services.
 
They supersede prior discussions, representations or understandings relating to the same subject matter, except where expressly incorporated into the applicable agreement.
 
No waiver of any provision will be effective unless made in accordance with the applicable agreement or otherwise permitted by law. 
 
23. Contact Us
 If you have questions about these Terms of Service or require clarification regarding our services, you can contact us at:
 
DigiMark Aura
Email: hello@digimarkaura.com
Website: digimarkaura.com
Phone: +91 8433473707
 
For client-specific questions regarding an existing engagement, please refer to the contact details provided in your applicable Service Agreement or proposal. re
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