Please carefully read these Terms and Conditions before using our digital marketing and web development services provided by JOAN Digital Inc.. These Terms and Conditions lay down the rules and regulations for the use of our services.
1. Acceptance of Terms
By accessing or using our services, you agree that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use our services.
2. Scope of Services
Our digital marketing and web development services cover various activities, including website design, website development, search engine optimization (SEO), content marketing, social media marketing, email marketing, and online advertising. The details of the services will be specified in a separate agreement or project proposal.
3. Client Responsibilities
The client must provide timely and accurate information, materials, and access necessary for the execution of the services. Any delays or failures due to incomplete or inaccurate information provided by the client may result in a revised project timeline or additional charges.
4. Non-Refundable Policy
As per our non-refundable policy, refunds will not be given for digital marketing services if the claim is made after 15 days from the start of the service. For website development or design-related services, refunds will not be given if the claim is made after 7 days from the start of the service.
5. Payment Terms
The client agrees to pay the agreed fees as outlined in the project proposal or agreement. Payment terms, including any upfront deposits or milestone payments, will be specified in the agreement. Failure to make timely payments may lead to the suspension or termination of services.
6. Intellectual Property Rights
Any intellectual property rights associated with the services provided by JOAN Digital Inc., such as website designs, logos, content, and marketing materials, shall remain the property of JOAN Digital Inc. unless otherwise agreed upon in writing.
7. Confidentiality
Both parties agree to keep confidential any sensitive or proprietary information shared during the engagement. This includes, but is not limited to, trade secrets, marketing strategies, client lists, and financial information.
8. Limitation of Liability
JOAN Digital Inc. shall not be liable for any indirect, consequential, or incidental damages resulting from the use or inability to use our services. JOAN Digital Inc.’s maximum liability shall not exceed the total fees paid by the client for the specific service in question.
9. Termination
Either party may end the engagement at any time with one month’s prior written notice. In the event of termination, the client must pay for all services provided up to the termination date.
10. Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of Wyoming, USA. Any disputes arising from or relating to these Terms and Conditions shall be resolved in the courts located in Wyoming.
11. Amendments
JOAN Digital Inc. reserves the right to change or revise these Terms and Conditions at any time. Any changes will be effective upon posting the revised Terms and Conditions on our website. Continued use of our services after such changes constitutes your consent to them.
By using our digital marketing and web development services, you confirm that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or concerns, please contact us at info@joandigital.com.
Performance Marketing Services Agreement
1. Scope of Work
This Service Agreement for Performance Marketing services is between the Client and JOAN Digital Inc, starting from the DATE OF SUBSCRIPTION. Throughout this Agreement, JOAN Digital Inc will provide performance marketing services to the Client, covering planning, research, advertising, marketing, consulting, and digital marketing services. JOAN Digital Inc will:
- Plan and execute ad strategies for the Client.
- Promote the Client’s products across various digital platforms.
Additional projects beyond the agreed Services may be assigned by the Client, subject to additional compensation.
2. Project Milestones
The Client and JOAN Digital Inc. agree that Performance Marketing Services will be carried out in phases outlined in the subscribed plan, each phase having specific milestones. These milestones apply to the respective services provided.
3. Final Deliverables
JOAN Digital Inc will deliver Performance Marketing Services to the Client within the agreed time frame. Specific services and deliverables depend on project specifications, potentially including optimising online presence, running advertising campaigns, and achieving desired outcomes.
4. Confidentiality
JOAN Digital Inc pledges to maintain the confidentiality of any information provided by the Client, such as proprietary business or technical details. This information will not be disclosed to any third party unless required by a court or governmental authority.
5. Compensation
The Client agrees to pay JOAN Digital Inc. fees as specified in the subscribed plan. Additional work or changes outside this Agreement scope will incur agreed-upon flat rates, in addition to existing fees.
6. Feedback and Acceptance
The Client acknowledges timely feedback’s importance for successful Performance Marketing Services completion. They agree to provide prompt feedback to JOAN Digital Inc for addressing concerns, objections, or corrections. The Client promises not to unreasonably withhold acceptance of deliverables at each milestone.
7. Rights to Client Content
The Client affirms JOAN Digital Inc’s rights to use provided content for Performance Marketing Services without violating others’ intellectual property rights. JOAN Digital Inc is granted a non-exclusive, non-transferable license to use, modify, display, and publish Client content solely for providing Performance Marketing Services.
8. Rights After Completion
Upon Performance Marketing Services completion, JOAN Digital Inc assigns to the Client rights to work created under this Agreement, including copyrights in final materials delivered. JOAN Digital Inc retains rights to preliminary work or designs not in final deliverables. They may use the Client’s name and trademarks for promotional purposes.
9. Right to Make Changes
The Client can make changes or additions to services provided under this Agreement. If requested after final deliverables approval, JOAN Digital Inc. and the Client will negotiate additional payment terms for any additional work.
10. Assurance
JOAN Digital Inc assures Performance Marketing Services provided will be free of any malicious code, viruses, or elements harming Client online presence or functionality.
11. Limitations of Remedies
JOAN Digital Inc isn’t liable for consequential, indirect, incidental, special, punitive, or exemplary damages related to this Agreement. Cumulative liability for any damages is limited to total fees paid by the Client under this Agreement.
12. Entire Agreement
This Agreement is the entire agreement between the Client and JOAN Digital Inc for Performance Marketing Services, superseding all prior agreements. Modifications must be in writing and agreed upon by both parties.
13. Independent Contractor
The Client acknowledges JOAN Digital Inc as an independent contractor, not an employee. JOAN Digital Inc determines Performance Marketing Services methods and manner. This Agreement doesn’t constitute a “work-for-hire” under copyright laws.
14. Limitation of Liability
Neither Party is liable for indirect, special, or consequential damages under this Agreement.
15. Relationship of Parties
The Client hires JOAN Digital Inc as an Independent Contractor, without establishing partnership, joint venture, or employer-employee relationship.
16. Arbitration
Disputes from this Agreement shall be resolved through Arbitration, with details agreed upon by both Parties.
17. Miscellaneous
Assignability: Neither Party may assign this Agreement without the other Party’s written approval. Severability: Invalidation of any provision doesn’t affect the remaining provisions.
Amendments: Modifications must be in writing and signed by both Parties.
Force Majeure: Neither Party is liable for failure due to circumstances beyond their control. Entire
Contract: This Agreement represents the entire understanding between the Parties.
Notices: All required notices shall be in writing and delivered by certified mail or courier.
SEO Services Agreement
Clause 1: Scope of Work
- JOAN Digital Inc has been commissioned by the Client to provide website positioning services for the Client’s website, located at the domain provided during the purchase process.
- The website, as defined herein, encompasses the Client’s homepage along with all subpages and subdomains associated with the provided domain.
- JOAN Digital Inc will undertake the task of positioning the Client’s website on the www.google.com search engine in English.
- Performance reports will be sent to the Client via email in the form of attachments at agreed intervals.
- Both parties reserve the right to update the terms of service to ensure the utmost effectiveness of the activities performed for the Client’s website.
- If no response is received from the Client regarding reports or suggested amendments within 10 days, it will be assumed that the Client has accepted the data or suggestions provided.
- The Client must promptly provide all necessary information and documents required for JOAN Digital Inc to perform the services adequately.
Clause 2: Contractor’s Compensation
- JOAN Digital Inc will be remunerated on a monthly basis, in accordance with the chosen subscription plan.
- Monthly settlements will be based on the number of days the service is rendered during the working month.
- Remuneration will be paid via bank transfer, with payment due within 7 days of receiving the invoice.
- Any discounts offered are contingent upon the Client adhering to the terms of the Agreement, including timely payments.
- Delayed payments may incur interest charges.
- The Client authorises JOAN Digital Inc. to issue invoices electronically without the need for a signature.
Clause 3: Term of the Agreement
- This Agreement is effective indefinitely from the date of service purchase.
- Either party may terminate the Agreement with three months’ notice during the first 12 months, and with 30 days’ notice thereafter.
- Immediate termination without notice is permissible in cases of material breach of contract, subject to prior written notification and opportunity to rectify the breach.
- Upon termination, any discounts granted for services rendered may be subject to return, as outlined in the subscription plan.
Clause 4: Confidentiality
- Both parties agree to maintain confidentiality regarding any information obtained during the performance of this Agreement.
- Exceptions to confidentiality include information subject to disclosure by law, publicly known information, or information authorised for disclosure in writing by either party.
- Confidential information may only be disclosed to authorised personnel directly involved in the Agreement’s performance.
- Parties are responsible for ensuring that their respective team members adhere to confidentiality obligations.
Clause 5: Outsourcing of Personal Data Processing
- JOAN Digital Inc will not independently determine the purpose and means of personal data processing.
- The Contractor represents that it possesses the necessary qualifications, resources, and equipment to process personal data.
- The Contractor may engage subcontractors for data processing without prior written consent, assuming full liability for their actions.
- Personal data categories subject to outsourcing include those defined in the GDPR.
- Data processing will be conducted using an IT system and will not involve profiling.
- Direct communication with data subjects is limited unless explicitly authorised by the Client.
Clause 6: Miscellaneous
- All amendments, terminations, or statements must be made in writing to be valid.
- In matters not covered by this Agreement, relevant state laws, including the Civil Code, shall apply.
- Should any provision of this Agreement be deemed invalid or ineffective, the remaining provisions shall remain in full force.
- Neither party shall be liable for delays resulting from unforeseeable external events.
- Correspondence addresses must be promptly updated by both parties to ensure effective communication.
- The Client agrees to receive commercial information from JOAN Digital Inc. and share personal data for marketing purposes.
- Any disputes shall be resolved amicably or by negotiation, with unresolved matters subject to jurisdiction by a common court.
Social Media Marketing Services Agreement
Article 1 – Scope
This Agreement outlines the terms for JOAN Digital Inc. to produce specific Campaigns for the Client. Both parties engage solely for this purpose without establishing an agency, employee, or legal representative relationship. Each maintains independence in operations and activities.
Article 2 – Services & Warranties
JOAN Digital Inc. is engaged to create and manage marketing Campaigns, including content creation and hashtag strategies on platforms like Facebook and Instagram. We guarantee the expertise necessary for lawful engagement and ensure original, plagiarism-free content.
Article 3 – Edits and Approval
Client agrees not to alter content without mutual written agreement. JOAN Digital Inc. provides a specified number of edit rounds, covering text and graphic changes. In the absence of feedback, content is deemed accepted after a designated period.
Article 4 – Intellectual Property
All intellectual property becomes the Client’s upon completion, with exclusivity and free from conflicts of interest. JOAN Digital Inc. retains the right to use completed work in their professional portfolio.
Article 5 – Fees and Expenses
Client is invoiced a monthly fee based on the subscribed plan. JOAN Digital Inc. commits a set number of hours weekly and initiates work upon receipt of retainer fees. Expenses are reimbursed with prior approval.
Article 6 – Taxes
JOAN Digital Inc. acknowledges IRS reporting requirements without tax deductions from fees. Both parties are responsible for applicable taxes.
Article 7 – Milestones
The agreement has indefinite duration with ongoing milestones. Initial activities include website redesign and social media content creation, followed by further enhancements.
Article 8 – Non-Exclusivity
Client and JOAN Digital Inc. acknowledge a non-exclusive relationship, allowing each to engage with other clients freely.
Article 9 – Client Legal Requirements
Client assumes responsibility for meeting legal obligations related to their business, including advertising claims and product legality.
Article 10 – Termination
Either party may terminate for breaches, with a cure period for unsatisfactory work. Agreement ceases upon mutual consent or under specific circumstances detailed in the article.
Article 11 – Confidential or Proprietary Information
JOAN Digital Inc. agrees to maintain confidentiality regarding Client’s proprietary information, preventing unauthorized disclosure or use.
Article 12 – Portfolio Use
JOAN Digital Inc. may include completed work in their portfolio once made public by the Client.
Article 13 – Indemnification
Both parties indemnify each other against claims arising from the other’s actions or omissions under this Agreement.
Article 14 – Survival
Provisions imposing continuing obligations survive termination.
Article 15 – Dispute Resolution
Disputes are initially resolved personally and, if necessary, through binding arbitration.
Article 16 – Governing Law
The Agreement is governed by the laws of Wyoming, with jurisdiction in federal and state courts located in the state.
Article 17 – Benefit
The Agreement benefits each party and their respective successors.
Article 18 – Counterparts
The Agreement may be executed in counterparts, constituting a single agreement.
Article 19 – Notices
All communications are in writing and addressed to the parties as specified, with effective delivery methods detailed.
Article 20 – Force Majeure
JOAN Digital Inc. is not liable for failure to perform due to unforeseen circumstances beyond its control.
Article 21 – Headings
Headings are for convenience and do not affect the provisions of the Agreement.
Article 22 – Entire Agreement; Modification
The Agreement constitutes the entire understanding between the parties and may only be modified in writing by mutual consent.
Website Design & Development Services Agreement
1. Project Scope
JOAN Digital Inc will commence work on this project within 1 day of receiving a copy of this Agreement, based on the plan chosen by the Client.
2. Project Milestones
JOAN Digital Inc. and the Client have agreed to work on this project in phases. The milestones outlined in Exhibit A of this Agreement will apply to each phase of JOAN Digital Inc.’s work for the Client.
3. Final Deliverables
JOAN Digital Inc will deliver digital files containing their work for the Client under this Agreement within 60 days of the Client approving the final deliverable(s). Specifically, JOAN Digital Inc. will provide the following:
- Within 60 days of contract signing, JOAN Digital Inc. will deliver a fully functioning website based on the specifications provided by the Client.
- The website will be live, functional, and accessible by real estate agents (“users”). The Client acknowledges that JOAN Digital Inc will make best efforts to perform under this Agreement, although websites may encounter unforeseen glitches. JOAN Digital Inc will attempt to address any such issues based on the original specifications, including agreed-upon modifications by the Client.
4. Original Work/Conflicts/Confidentiality
JOAN Digital Inc assures that their work does not infringe upon the rights of any other party and does not conflict with any existing contracts or agreements. They also commit to maintaining strict confidentiality regarding any proprietary information provided by the Client.
5. Training
The project fee covers training in the use of the backend in case the Client encounters any issues.
6. Compensation
The agreed fee covers all work listed in the subscribed plan. Any additional work requested by the Client will incur an agreed-upon flat rate in addition to the amounts owed under this Agreement.
7. Feedback and Acceptance
The Client agrees to provide timely feedback to ensure the completion of work and milestones. They will evaluate deliverables promptly and communicate any concerns or corrections to JOAN Digital Inc. Acceptance of deliverables will be communicated in writing within a week of receipt.
8. Rights to Client Content
The Client asserts that JOAN Digital Inc has the right to use any content provided (“Client Content”) and that its use complies with intellectual property laws. The Client grants JOAN Digital Inc. a license to use the Client Content solely for the purposes outlined in this Agreement.
9. Rights After Completion
Upon completion, JOAN Digital Inc will transfer copyright ownership of the final website to the Client. The Client acknowledges that JOAN Digital Inc will retain rights to preliminary work and designs but agrees to reasonable documentation requests for the transfer of rights.
10. Right to Make Changes
Following completion, the Client may make changes to the website without additional payments to JOAN Digital Inc. Any post-completion changes requested by the Client will be negotiated separately.
11. Rights to Know-How
JOAN Digital Inc retains rights to any pre-existing tools or materials incorporated into the website.
12. Assurance
JOAN Digital Inc. assures that the website will be free from malicious software or programming.
13. Limitations of Remedies
JOAN Digital Inc.’s liability is limited to the fee paid by the Client under this Agreement.
14. Entire Agreement
This Agreement constitutes the entire understanding between the parties and supersedes any prior agreements.
15. Independent Contractor
JOAN Digital Inc. operates as an independent contractor, and the terms of this Agreement do not establish an employment relationship. The rights granted to the Client are outlined solely within this Agreement.