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
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.
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.
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.
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
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
- 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
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
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.
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 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
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.
- 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.
- Google Ads
- Meta Business Manager and Meta Ads
- Google Business Profile
- Analytics and measurement platforms
- Other advertising, social media or marketing platforms
- 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.
- 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.
- 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.
- 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.
- 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.
- 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