TERMS OF SERVICE
Effective Date: June 1, 2025 Last Updated: June 1, 2025
Company: DistriMa Digitale LLC Website: www.distrimadigitale.com Email: hello@distrimadigitale.com Location: United States
1. Agreement to Terms
By accessing our website or engaging our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you may not use our services.
2. Services Provided
DistriMa Digitale LLC provides digital marketing services including:
Social media management (content creation, scheduling, community management) Paid advertising management on Meta, Google, and TikTok Website design and development Video editing and content production
The specific scope, deliverables, timeline, and pricing for each client engagement are defined in a separate Service Agreement or Statement of Work, which must be signed by both parties before work commences.
3. Eligibility
You must be at least 18 years of age to use our services. By agreeing to these Terms, you represent and warrant that you are of legal age and have the authority to enter into a binding agreement on behalf of yourself or the business you represent.
4. Payment Terms
All services are billed monthly in advance unless otherwise stated in your Service Agreement.
Payments are processed securely through Stripe.
Invoices are due within 7 days of issuance.
Late payments may result in suspension of services without notice.
We reserve the right to charge a late fee of 1.5% per month on overdue balances.
All prices are listed and charged in US Dollars (USD).
Any applicable federal, state, or local taxes are the sole responsibility of the client.
Disputed charges must be raised in writing within 14 days of the invoice date. Disputes raised after this period will not be considered.
5. Cancellation Policy
Monthly services require a minimum of 30 days written notice to cancel, sent to hello@distrimadigitale.com. Services will continue and be billed through the end of the 30-day notice period.
One-time project engagements (websites, video editing) may not be cancelled once a deposit has been paid and work has commenced. Please refer to our Refund and Cancellation Policy for full details.
6. Refund Policy
Setup fees, onboarding fees, and strategy fees are non-refundable.
Monthly retainer fees are non-refundable once work has commenced for that billing period.
Ad spend paid to third-party platforms (Meta, Google, TikTok) is non-refundable under any circumstances, as these funds are transferred directly to the respective platforms.
For one-time projects, a 50% non-refundable deposit is required before work begins. The remaining balance is due upon delivery. No refunds are issued after final deliverables have been approved and delivered.
Full details are outlined in our Refund and Cancellation Policy.
7. Client Responsibilities
To enable us to deliver our services effectively, you agree to:
Provide accurate, complete, and up-to-date information about your business, goals, and target audience.
Grant us timely access to all required accounts, including social media profiles, ad accounts, Google Analytics, and website backends.
Review and approve all content, creatives, and strategies within the timeframe specified in your Service Agreement. Delays in approval that affect delivery timelines are the responsibility of the client.
Ensure that all materials, assets, logos, images, and content you provide to us do not infringe on any third-party intellectual property rights.
Comply with the terms and policies of all third-party platforms on which we manage campaigns on your behalf.
Pay all invoices on time as agreed.
8. Intellectual Property
All original content, graphics, copy, and creative assets produced by DistriMa Digitale LLC specifically for your account become your property upon receipt of full payment for that work.
Any proprietary tools, templates, processes, software, or systems developed or used by DistriMa Digitale LLC remain our exclusive intellectual property and are not transferred to the client under any circumstances.
We reserve the right to showcase completed work in our portfolio, case studies, and marketing materials unless the client requests otherwise in writing prior to project commencement.
9. Confidentiality
Both parties agree to treat as confidential any proprietary or sensitive information shared during the course of the business relationship, including but not limited to business strategies, financial data, client lists, and campaign performance data.
Neither party shall disclose such information to any third party without prior written consent, except as required by law.
This confidentiality obligation survives the termination of the agreement for a period of two (2) years.
10. No Guarantee of Results
Digital marketing outcomes are influenced by numerous factors outside our control, including but not limited to market conditions, platform algorithm changes, competition, economic conditions, and the quality of the client’s product or service.
DistriMa Digitale LLC does not guarantee any specific results, including but not limited to a specific number of leads, sales, followers, website visitors, or return on ad spend. Any projections or estimates provided are for planning purposes only and do not constitute a guarantee.
11. Third-Party Platforms
We manage campaigns and services on third-party platforms including Meta, Google, TikTok, and others. DistriMa Digitale LLC is not affiliated with, endorsed by, or officially connected to any of these platforms.
We are not responsible for any changes to platform policies, advertising guidelines, account restrictions, suspensions, or bans imposed by these platforms. In such cases, no refund of management fees will be issued.
12. Limitation of Liability
To the maximum extent permitted by applicable law, DistriMa Digitale LLC, its owners, officers, employees, and contractors shall not be liable for:
Any indirect, incidental, punitive, special, or consequential damages.
Loss of profits, revenue, data, goodwill, or business opportunities.
Any damages resulting from third-party platform policy changes, account suspensions, or algorithm updates.
Any total damages exceeding the amount paid by the client to DistriMa Digitale LLC in the three (3) calendar months immediately preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless DistriMa Digitale LLC and its officers, employees, agents, and contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) arising from or related to:
Your use of our services.
Your violation of these Terms of Service.
Your violation of any applicable law or regulation.
Any infringement of third-party rights caused by content or materials you provide to us.
14. Termination
Either party may terminate the service agreement with 30 days written notice as outlined in Section 5.
DistriMa Digitale LLC reserves the right to terminate services immediately and without notice if:
The client violates any provision of these Terms of Service.
The client engages in fraudulent, abusive, illegal, or unethical conduct.
Payment is overdue by more than 30 days.
Upon termination, all outstanding balances become immediately due and payable. We will deliver all completed work product to the client upon receipt of final payment.
15. Dispute Resolution
In the event of a dispute arising from or related to these Terms or our services, both parties agree to first attempt to resolve the matter informally by contacting hello@distrimadigitale.com and allowing 30 days for resolution.
If the dispute cannot be resolved informally, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association (AAA), conducted in [YOUR STATE], United States.
Both parties waive the right to pursue disputes as a class action.
16. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of [YOUR STATE], United States, without regard to its conflict of law principles.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
18. Entire Agreement
These Terms of Service, together with your signed Service Agreement, Statement of Work, and our Privacy Policy, Refund Policy, Cookie Policy, and Disclaimer, constitute the entire agreement between you and DistriMa Digitale LLC with respect to the subject matter herein, and supersede all prior agreements, representations, or understandings.
19. Changes to Terms
We reserve the right to update or modify these Terms of Service at any time. We will notify active clients of material changes via email. Your continued use of our services after changes are posted constitutes your acceptance of the revised Terms.
20. Contact Us
For questions, concerns, or legal notices regarding these Terms of Service, please contact us at:
DistriMa Digitale LLC Email: hello@distrimadigitale.com Website: www.distrimadigitale.com Location: United States