Legal Document
Terms of
Service
📅 Last Updated: January 1, 2025
🏢 Digital FlyOrbit, Jaipur
📍 Rajasthan, India
These Terms of Service ("Terms") govern your use of the website and services provided by Digital FlyOrbit ("Agency," "we," "us," or "our"), a digital marketing agency based in Jaipur, Rajasthan, India.
By engaging our services, accessing our website, or entering into a service agreement with us, you ("Client," "you," or "your") agree to be bound by these Terms. Please read them carefully before proceeding.
📌 Plain language summary: These terms define how we work together — what you can expect from us, what we need from you, payment expectations, intellectual property rights, and how disputes are handled. Yeh ek professional agreement hai jo dono parties ke interests protect karta hai.
— Section 01
Acceptance of Terms
By using our website or engaging Digital FlyOrbit for any service — whether through WhatsApp, email, phone, or a formal agreement — you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.
If you are engaging our services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not agree to any part of these Terms, please discontinue use of our services.
— Section 02
Services Offered
Digital FlyOrbit provides the following digital marketing and creative services to businesses, primarily in Jaipur and across India:
- Social Media Management: Instagram, Facebook, and YouTube account management, content scheduling, and engagement.
- Performance Marketing: Meta Ads (Facebook/Instagram), Google Ads campaign setup, management, and optimisation.
- Website Design & Development: Basic websites, premium websites, e-commerce stores, and landing pages.
- Search Engine Optimisation (SEO): Website SEO and Google My Business (GMB) optimisation.
- Content Creation: Reels, YouTube Shorts, ad creatives, and video content production.
- Branding: Logo design, brand identity systems, and visual guidelines.
- Influencer Marketing: Influencer identification, outreach, and campaign management.
- One-Time Page Audit: Detailed analysis and recommendations for Instagram pages, websites, or GMB listings.
The specific scope, deliverables, timelines, and pricing for each engagement are defined in the individual Service Agreement or Proposal shared with the client prior to commencement.
— Section 03
Client Responsibilities
A successful engagement requires active participation from the client. You agree to:
- Provide accurate, complete, and timely information, assets, credentials, and approvals required for project execution.
- Designate a primary point of contact who is authorized to make decisions and provide approvals on behalf of your organization.
- Review and respond to deliverables, feedback requests, and communications within 5 business days unless otherwise agreed. Delays caused by client inaction may result in project timeline extensions.
- Ensure that all content, materials, and information you provide to us does not infringe on any third-party intellectual property rights or violate any applicable laws.
- Maintain access credentials (social media accounts, ad accounts, website hosting) and ensure Digital FlyOrbit has the necessary permissions to perform agreed services.
- Pay all fees as per the agreed payment schedule.
— Section 04
Payment Terms
All fees, payment schedules, and billing terms are outlined in the individual service proposal or agreement. General payment terms apply as follows:
- Retainer Services (monthly management): Payment is due at the beginning of each billing cycle. Services begin upon receipt of payment.
- Project-Based Work (websites, branding, audits): Typically structured as 50% advance upon agreement and 50% before final delivery, unless otherwise agreed in writing.
- Ad Spend: Client is solely responsible for all advertising platform charges (Meta, Google, etc.). Agency management fees are separate and do not cover ad spend.
- Late Payments: Invoices unpaid beyond 7 days of due date may result in pausing of active services until payment is received.
- No Refunds: Due to the nature of digital marketing services (time, strategy, and resources already invested), fees paid are non-refundable unless explicitly stated in writing.
⚠️ Important: Ad spend budgets paid directly to Meta or Google are governed by those platforms' own policies. Digital FlyOrbit is not liable for charges incurred on those platforms.
— Section 05
Intellectual Property
Intellectual property rights are handled as follows in our engagements:
- Client-Owned Assets: Any logos, brand materials, images, or content you provide to us remain your intellectual property at all times.
- Deliverables Upon Full Payment: Once full payment is received, all final deliverables created exclusively for your project (website designs, logo files, brand assets, ad creatives) are transferred to you as the client.
- Agency Tools & Processes: Our internal methodologies, frameworks, templates, workflows, and proprietary systems remain the exclusive intellectual property of Digital FlyOrbit.
- Portfolio Rights: We reserve the right to showcase completed work (with your permission) in our portfolio, case studies, and marketing materials. If you prefer confidentiality, please notify us in writing before project completion.
- Third-Party Assets: Any licensed stock images, fonts, plugins, or third-party tools used in your project are subject to their respective license agreements. We will inform you of any licensing requirements.
— Section 06
Confidentiality
Both parties agree to maintain strict confidentiality regarding proprietary and sensitive information shared during the engagement:
- We will not disclose your business strategies, financial data, customer information, or any other confidential information shared with us during our engagement to any third party without your prior written consent.
- You agree to keep confidential any proprietary methodologies, pricing structures, templates, or internal processes of Digital FlyOrbit that you become aware of.
- Confidentiality obligations survive the termination of our engagement for a period of 2 years, unless a separate Non-Disclosure Agreement (NDA) is executed.
— Section 07
Project Timelines & Revisions
We are committed to delivering high-quality work within agreed timelines. The following applies to all projects:
- Timeline Agreements: Estimated delivery timelines are communicated in the service proposal. These are estimates and may vary based on project complexity or client feedback cycles.
- Client Delays: If delays occur due to late client feedback, missing assets, or approval delays, project timelines will be extended accordingly. Digital FlyOrbit is not liable for deadline overruns caused by client-side delays.
- Revision Rounds: Standard packages include a defined number of revision rounds (specified in the proposal). Additional revisions beyond the included rounds will be billed at our standard hourly rate.
- Scope Changes: Any changes to the original agreed scope of work ("scope creep") will require a revised proposal and additional fees. Work will not commence on out-of-scope items without written agreement.
— Section 08
Termination
Either party may terminate a service engagement under the following conditions:
- By Client: You may terminate ongoing retainer services with a minimum of 30 days' written notice via WhatsApp or email. Fees for the current billing period are non-refundable.
- By Agency: We reserve the right to terminate services with 14 days' written notice if: (a) invoices remain unpaid beyond 15 days, (b) the client is found to be engaging in illegal, unethical, or harmful activities, or (c) the relationship becomes untenable despite good-faith resolution attempts.
- Immediate Termination: Either party may terminate immediately if the other commits a material breach that is not remedied within 7 days of written notice.
- Upon Termination: All outstanding fees become immediately due. We will provide all completed deliverables and a smooth transition handover of all accounts, assets, and access credentials.
— Section 09
Limitation of Liability
To the maximum extent permitted by applicable Indian law, Digital FlyOrbit's total liability to you for any claims arising from or related to our services shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.
Digital FlyOrbit shall not be liable for any:
- Indirect, incidental, consequential, special, or punitive damages.
- Loss of revenue, profits, data, or business opportunities.
- Third-party platform changes, algorithm updates, or policy violations by the client on those platforms.
- Actions or inactions of third-party service providers (hosting companies, Meta, Google, etc.).
- Delays caused by circumstances outside our reasonable control (force majeure).
— Section 10
Results Disclaimer
Digital marketing results depend on numerous factors including but not limited to: industry competition, market conditions, ad budgets, platform algorithms, product/service quality, and client responsiveness.
⚠️ No guarantees of specific results (such as a specific number of leads, follower counts, revenue figures, or rankings) are made unless explicitly stated in writing in the service agreement. Past results achieved for other clients do not guarantee similar results for your business.
We commit to applying our best professional expertise, industry best practices, and continuous optimisation to deliver the best possible outcomes for your business. Hum apni best effort dete hain — results ke liye hum committed hain, lekin specific numbers guarantee karna ethical aur accurate nahi hota.
— Section 11
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the state of Rajasthan.
Any disputes arising from or relating to these Terms or our services shall first be attempted to be resolved through good-faith negotiation between both parties. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts located in Jaipur, Rajasthan, India.
— Section 12
Contact & Dispute Resolution
We believe in resolving any issues through open, honest communication before any formal legal process. If you have any concerns, grievances, or questions about these Terms or our services, please reach out to us directly: