Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern the use of services provided by DigitalMax Philippines, a digital marketing company established in Manila, Philippines. By hiring our services, you agree to be legally bound by these terms.

2. About Our Company

DigitalMax Philippines specializes in digital marketing services for small and medium-sized businesses in the Philippines, including digital advertising, local SEO, e-commerce development and digital branding. We operate from Manila with nationwide coverage.

3. Services Offered

3.1 Main Services

• Digital marketing consulting and business strategy
• Management of advertising campaigns on Google Ads and social media
• Web positioning (SEO) and content marketing
• Development and optimization of websites and e-commerce
• Digital branding and online reputation management
• Data analysis and performance reports

3.2 Scope of Services

• Services are provided according to contract specifications
• Delivery times may vary depending on project complexity
• Active client collaboration required for optimal results
• Results may vary depending on market factors

4. Contracting Process

4.1 Initial Consultation

• We offer a free 30-minute initial consultation
• Evaluation of business needs and objectives
• Customized proposal within 3-5 business days
• Strategy presentation and work timeline

4.2 Contract and Payments

• Written contract specifying scope and price
• 50% initial payment before starting work
• Monthly payments for ongoing services
• Invoicing with VAT according to Philippine regulations
• Payment methods: bank transfer, GCash, PayMaya, PayMongo, credit cards

5. Pricing and Billing

6. Client Responsibilities

6.1 Required Information

• Provide truthful and updated business information
• Access to accounts and platforms necessary for work
• Timely feedback on proposals and materials
• Compliance with agreed schedules
• Prompt payment according to established terms

6.2 Active Collaboration

• Participation in scheduled meetings
• Provision of content and materials as agreed
• Implementation of technical recommendations
• Monitoring results and metrics

7. DigitalMax Philippines Responsibilities

7.1 Professional Services

• Provision of services according to professional standards
• Regular communication about progress and results
• Monthly performance and metrics reports
• Technical support during business hours
• Confidentiality of client information

7.2 Service Limitations

• We do not guarantee specific marketing results
• Platform algorithms may change
• External factors may affect results
• Response time: 24-48 hours on business days

8. Intellectual Property

8.1 Client Rights

• Client retains rights to their brand and original content
• Access to all accounts and digital assets created
• Use of strategies and concepts specifically developed
• Data portability at end of contract

8.2 DigitalMax Rights

• Proprietary methodologies and processes remain ours
• Tools and software used maintain original licenses
• Right to showcase work as case studies (with authorization)
• Knowledge and experience gained are part of our assets

9. Confidentiality

• Absolute protection of confidential business information
• Non-disclosure of financial or strategic data
• Confidentiality agreements with all team members
• Security in handling credentials and access
• Secure data deletion when relationship ends

10. Duration and Termination

10.1 Contract Duration

• Ongoing service contracts: minimum 3-6 months
• Specific projects: according to agreed timeline
• Automatic renewal unless otherwise notified
• 30-day trial period for new clients

10.2 Contract Termination

• Either party may terminate with 30 days notice
• Immediate termination for material breach
• Payment for services rendered up to termination date
• Asset delivery and account transfer

11. Refund Policy

11.1 Ongoing Services

• No refunds for monthly services already provided
• Credit for unused services upon contract termination
• 7-day guarantee period for new clients
• Dispute resolution through mediation

11.2 Specific Projects

• Partial refund based on work completed
• No refund if client terminates without justified cause
• Completed deliverables are billed according to timeline
• Scope modifications may affect pricing

12. Limitation of Liability

12.1 Liability Exclusions

• We are not responsible for indirect business losses
• Changes in platform algorithms are beyond our control
• Market factors and competition may affect results
• Technical failures of third parties are not our responsibility

12.2 Liability Limits

• Liability limited to value paid for services
• Professional liability insurance in force
• Priority resolution of technical problems
• Compensation through additional services when applicable

13. Force Majeure

We will not be responsible for delays or non-performance due to circumstances beyond our control, including but not limited to: natural disasters, acts of government, strikes, internet technical problems, pandemics, or significant changes in digital platforms.

14. Dispute Resolution

14.1 Resolution Process

• Direct communication as first step
• Mediation through Philippine Dispute Resolution Center
• Arbitration if no agreement is reached
• Jurisdiction of courts in Makati City, Metro Manila, Philippines

15. Modification of Terms

We reserve the right to modify these terms occasionally. Changes will be notified at least 30 days in advance and posted on our website. Continued use of our services constitutes acceptance of the modified terms.

16. Communications

All official communications will be made in writing through:

17. Legal Compliance

Our services comply with all applicable Philippine regulations, including:

• Data Privacy Act of 2012 (Republic Act No. 10173)
• Civil Code of the Philippines and obligations
• BIR tax compliance and electronic invoicing
• DTI advertising and fair competition standards
• E-Commerce Act (Republic Act No. 8792)

18. Validity and Severability

If any provision of these terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalidity of one section will not affect the validity of the rest of the document.

19. Entire Agreement

These terms, along with any specific service contract, constitute the complete agreement between the parties and replace all prior verbal or written agreements related to the subject of this document.

20. Applicable Law

These terms are governed by the laws of the Republic of the Philippines. Any legal dispute will be resolved in the competent courts of Makati City, Metro Manila, Philippines.