Terms of Service
Last updated: January 2025
1. Agreement to Terms
By accessing or using the services provided by Digital America Agency ("we," "our," or "us"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our services.
2. Services Description
Digital America Agency provides specialized digital marketing services for healthcare and pharmaceutical businesses including:
- Healthcare SEO Services
- Pay-Per-Click (PPC) Advertising
- Content Marketing for Medical Practices
- Social Media Management
- Lead Generation Campaigns
Specific service details, deliverables, and timelines will be outlined in individual service agreements or proposals.
3. User Obligations
3.1 Account Information
You agree to provide accurate, current, and complete information when using our services and to update such information to keep it accurate, current, and complete.
3.2 Acceptable Use
You agree not to:
- Use our services for any illegal or unauthorized purpose
- Violate any laws or regulations in your jurisdiction
- Infringe upon the intellectual property rights of others
- Transmit any harmful or malicious code
- Interfere with or disrupt our services or servers
- Engage in any fraudulent or deceptive practices
4. Service Agreements and Payments
4.1 Service Contracts
Detailed terms of service delivery, including scope, timeline, and pricing, will be specified in individual contracts or proposals provided to clients.
4.2 Payment Terms
Payment terms, methods, and schedules will be outlined in your service agreement. Late payments may be subject to additional fees and may result in suspension of services.
4.3 Refund Policy
Refund eligibility will be determined based on the specific service agreement and the work completed. Custom work and completed services are generally non-refundable.
5. Intellectual Property Rights
5.1 Our Rights
All content, features, and functionality of our website and services, including but not limited to text, graphics, logos, and software, are owned by Digital America Agency and are protected by copyright, trademark, and other intellectual property laws.
5.2 Client Rights
Upon full payment for services, clients will receive the rights to use deliverables as specified in the service agreement. We may retain the right to display completed work in our portfolio unless otherwise agreed.
5.3 Client Materials
Clients retain ownership of materials provided to us for use in delivering services. By providing materials, you grant us a license to use them for the purpose of delivering agreed-upon services.
6. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the business relationship. This obligation continues after the termination of services.
7. Limitation of Liability
To the maximum extent permitted by law, Digital America Agency shall not be liable for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Service interruptions or technical failures
- Results or outcomes of marketing campaigns (past performance does not guarantee future results)
Our total liability shall not exceed the amount paid by the client for the specific service in question.
8. Warranties and Disclaimers
Our services are provided "as is" without any warranties, express or implied. We do not guarantee specific results from SEO, PPC, or other marketing services. While we use industry best practices and work diligently to achieve client goals, marketing outcomes depend on many factors beyond our control.
9. Termination
Either party may terminate services according to the terms specified in the service agreement. We reserve the right to terminate services immediately if you violate these Terms of Service or engage in fraudulent or illegal activities.
10. Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising from these terms or our services shall be resolved through good-faith negotiations or, if necessary, through the courts of Kenya.
11. Changes to Terms
We reserve the right to modify these Terms of Service at any time. We will notify users of significant changes via email or website notice. Continued use of our services after changes constitutes acceptance of the modified terms.
12. Contact Information
For questions about these Terms of Service, please contact us:
Digital America Agency
Email: hello@digitalamericaagency.com
Phone: +254 726 083 522
Address: Le'Mac, Nairobi, Kenya