Engagement Framework & Scope of Services
These Terms of Service ("Terms") constitute a legally binding agreement between DigiWebFX and the corporate entity or individual ("Client") commissioning digital services. Each engagement is executed under an associated Statement of Work ("SOW"), Proposal, or Retainer Agreement which explicitly incorporates these Terms by reference.
Our core capabilities include Bespoke Web Development, Custom Software Engineering, Enterprise Technical SEO & Generative Engine Optimization (GEO), Paid Advertising Management (Google Ads & Meta Ads), AI Automation Pipelines, and Performance CRO Architecture.
Deliverables, Staging Review & Milestone Acceptance
DigiWebFX utilizes an agile, milestone-driven delivery process. Development deliverables (including custom themes, landing pages, and web apps) are deployed to private, password-protected staging URLs for client inspection.
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Review Window: Upon delivery of a completed sprint milestone, the Client has ten (10) business days to review deliverables and submit actionable feedback.
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Constructive Acceptance: If no written objections or bug reports are submitted within the ten-day review window, deliverables are deemed accepted, and the next sprint milestone is initiated.
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Scope Management: Requested adjustments exceeding the mutually agreed SOW technical specifications will be transparently estimated under a formal Change Request (CR) before execution.
Intellectual Property Ownership & Full Code Transfer
Zero Vendor Lock-In Guarantee
Upon complete receipt of invoice settlement for a project, DigiWebFX hereby assigns, transfers, and conveys to Client all worldwide right, title, and interest in and to the custom software code, custom WordPress themes, graphic design assets, database architectures, and written content engineered specifically for Client under the relevant SOW.
DigiWebFX retains ownership of its pre-existing proprietary developer tooling, internal automation libraries, and generalized workflow scripts ("Background IP"). DigiWebFX grants Client an irrevocable, perpetual, royalty-free, worldwide license to use, modify, and host such Background IP as integrated into the final deliverables.
Client Responsibilities & Technical Pre-requisites
Successful delivery requires timely client collaboration. Client agrees to:
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Access Provisioning: Provide necessary DNS, hosting, Google Search Console, GA4, and ad accounts in a timely manner.
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Asset Delivery: Furnish high-resolution logos, brand guidelines, and product imagery required for theme styling.
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Warranty of Authority: Warrant that all client-supplied copy, trademarks, and media assets do not infringe any third-party intellectual property rights.
Retainers, Billing Milestones & Invoicing Policies
Fixed-scope web development projects are billed on structured milestone stages (e.g., 40% initial deposit, 30% approved staging milestone, 30% production deployment and handover). Ongoing digital marketing and technical SEO retainers are invoiced monthly in advance with net-15 payment terms.
Invoices are payable in USD ($), EUR (€), GBP (£), AED, AUD ($), or INR (₹) via secure corporate wire transfer, Stripe, Razorpay, or authorized corporate payment channels. All external advertising media spend (Google Ads, Meta Ads) is paid directly by Client to the relevant platform provider.
Mutual Confidentiality & Non-Disclosure (NDA)
Each party agrees to maintain in strict confidence all proprietary, technical, and commercial information disclosed during the engagement ("Confidential Information"). Neither party shall disclose such information to any third party without express prior written consent.
This confidentiality obligation survives termination of the engagement for a minimum period of three (3) statutory calendar years. DigiWebFX reserves the customary agency right to list Client name, logo, and high-level case study metrics in public portfolio showcases, unless Client specifies a strict white-label NDA addendum.
Performance SLA & Warranty Coverage
Every custom website engineered by DigiWebFX is delivered with our 30-Day Post-Launch Bug Warranty. DigiWebFX will promptly correct, at zero additional charge, any programming defects or styling regressions not compliant with the signed SOW specifications.
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Core Web Vitals SLA: Bespoke themes are guaranteed to pass Google PageSpeed Core Web Vitals (LCP < 1.2s, CLS < 0.05) on optimized hosting.
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Search Authority Disclaimer: While DigiWebFX executes industry-leading white-hat technical SEO and GEO architectures, no ethical agency can guarantee specific algorithmic #1 positions on Google or AI answer engines due to continuous third-party algorithm updates.
Limitation of Liability & Indemnification
To the maximum extent permitted by applicable law, neither party shall be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profits, loss of data, or business interruption.
DigiWebFX’s total aggregate commercial liability arising out of or related to any SOW shall not exceed the total fees actually paid by Client to DigiWebFX under the specific SOW in the twelve (12) months preceding the event giving rise to liability.
Term, Termination & Orderly Transition Support
Ongoing marketing retainers may be concluded by either party upon thirty (30) days’ written notice. Upon termination, Client shall pay for all services rendered up to the effective termination date. DigiWebFX will provide complete, orderly handover of all production codebases, DNS configurations, and media assets.
Governing Law, Arbitration & Dispute Resolution
These Terms and all disputes arising hereunder shall be governed by the laws of India, or the jurisdiction specified in the applicable Statement of Work (including Delaware, USA; England and Wales, UK; or DIFC, Dubai, UAE for local regional contracts).
Any controversy or claim arising out of or relating to this contract shall be settled amicably via senior executive mediation before initiating binding commercial arbitration.