Terms and Conditions
Last Updated: February 8, 2025
1. Introduction
Welcome to Phygital Group ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our marketing services, website, and related materials. By engaging our services or accessing our website, you agree to be bound by these Terms.
2. Services
2.1 Service Description
We provide digital marketing, advertising, content creation, social media management, and related marketing services as outlined in your service agreement or statement of work.
2.2 Service Delivery
We will provide services with reasonable care and skill, following industry standards and practices. Specific deliverables, timelines, and milestones will be detailed in your service agreement.
3. Client
3.1 Cooperation
You agree to:
Provide timely and accurate information necessary for service delivery
Review and approve materials within agreed-upon timeframes
Maintain active communication channels
Provide necessary access to accounts and platforms required for service delivery
3.2 Content and Materials
You warrant that all materials provided to us:Are owned by you or properly licensed
Do not infringe on third-party rightsComply with applicable laws and regulationsAre free from malicious code or security threats
4. Payment Terms
4.1 Fees
Fees are as specified in your service agreement
Additional services will be charged at our current rates
All fees are exclusive of applicable taxes
4.2 Payment Schedule
Invoices are issued monthly or as specified in your service agreement
Payment is due within 30 days of invoice dateLate payments incur interest at 1.5% per month
5. Intellectual Property
5.1 Ownership
You retain ownership of your pre-existing intellectual property
We retain ownership of our pre-existing intellectual property
Ownership of new materials will be as specified in your service agreement
5.2 License
You grant us a license to use your materials solely for providing agreed-upon services.
6. Confidentiality
6.1 Confidential Information
Both parties agree to:
Maintain the confidentiality of proprietary information
Use confidential information only for service delivery
Implement reasonable security measures
Return or destroy confidential information upon request
7. Term and Termination
7.1 Term
These Terms remain in effect for the duration of service delivery unless terminated earlier.
7.2 Termination
Either party may terminate with 30 days written notice
Immediate termination is permitted for material breach
You remain responsible for payments due upon termination
8. Limitation of Liability
8.1 Disclaimer
We make no warranties beyond those expressly stated in these Terms.
8.2 Liability Cap
Our liability is limited to fees paid in the 12 months preceding a claim.
9. Indemnification
You agree to indemnify us against claims arising from:
Your materials or contentYour use of our services
Your violation of these Terms
10. Service Warranties
10.1 Performance
We warrant that services will be performed:
In a professional mannerFollowing industry standards
In compliance with applicable laws
10.2 No Guaranteed Results
We do not guarantee specific marketing results or outcomes.
11. Data Protection
11.1 Data Processing
We will:
Process personal data in accordance with applicable laws
Implement appropriate security measures
Only process data as instructed by you
11.2 Privacy Policy
Our privacy policy, available on our website, governs data collection and use.
12. Force Majeure
Neither party is liable for delays due to circumstances beyond reasonable control.
13. Modifications
We reserve the right to modify these Terms with 30 days notice.
14. Governing Law
These Terms are governed by the laws of the Montreal, Quebec.
15. Dispute Resolution
15.1 Mediation
Parties agree to attempt mediation before litigation.
15.2 Arbitration
Disputes not resolved through mediation will be settled by binding arbitration.
16. Severability
If any provision is found invalid, remaining provisions remain in effect.
17. Assignment
You may not assign these Terms without our written consent.
18. Entire Agreement
These Terms constitute the complete agreement between parties.
19. Contact Information
For questions about these Terms, contact:
Phygital Group
info@phygitalgroup.com
By engaging our services, you acknowledge reading and accepting these Terms.