Terms & conditions
These Terms & Conditions (“Terms”) govern your use of https://digitalmonkmarketing.com/ (the “Site”) and any services provided by Digital Monk Marketing (“we”, “our”, “us”). By accessing or using the Site or our services, you agree to be bound by these Terms. If you disagree, please do not use our Site or services.
1. Definitions & Interpretation
⮞ “Client” or “you” means any person or entity accessing the Site, submitting inquiries, purchasing services, or using our services.
⮞ “Services” refers to digital marketing, SEO, social media, PPC, brand management, landing page design, email marketing, podcast production, etc.
⮞ “Content” means any text, images, data, video, audio, designs, or other materials on the Site or produced in service deliverables.
2. Use of the Site
⮞ You agree to use the Site lawfully and not to misuse it (e.g. hacking, distributing malware, interfering with services).
⮞ You shall not upload or transmit any content that is unlawful, defamatory, abusive, or infringes third-party rights.
⮞ You agree not to replicate, copy, or extract data from the Site in violation of these Terms.
3. Service Engagement & Contracts
⮞ Service agreements will be governed by separate statements of work, proposals, or contracts which may include scope, deliverables, timeline, fees, and performance criteria.
⮞ We reserve the right to refuse service or terminate an engagement if you violate these Terms or fail to meet payment obligations.
⮞ Client responsibilities may include providing timely feedback, access to website or advertising accounts, and requisite content or credentials.
4. Intellectual Property & Ownership
⮞ All content and intellectual property provided by Digital Monk Marketing (i.e. designs, copy, reports, code) remain our property unless otherwise assigned in a contract.
⮞ Upon full payment, we may grant you a license (nonexclusive, nontransferable) to use deliverables for your business.
⮞ You grant us a limited license to use your trademarks, logos, and materials for case studies, promotional use, or our portfolio (unless you expressly object).
5. Payment, Fees & Refunds
⮞ Fees are as set forth in the service agreement or proposal.
⮞ Payment terms (e.g. deposit, milestones, net 30) and methods (credit card, wire transfer) will be defined in contract.
⮞ Late payments may incur interest or suspension of services.
⮞ Refunds, if any, will be as defined in your contract and subject to our discretion (for non-refundable portions, e.g. custom work done).
6. Disclaimers & Limitations of Liability
⮞ We make no guarantees that our services will result in specific rankings, traffic, or revenue—internet marketing is inherently uncertain.
⮞ To the full extent permitted by law, we disclaim all warranties (express or implied) regarding the Site or services (merchantability, fitness for purpose, noninfringement).
⮞ In no event shall our liability to you exceed the fees you paid us over the preceding 12 months.
⮞ We shall not be liable for any indirect, incidental, special, consequential, or punitive damages (loss of profits, data, goodwill, etc.), even if advised of their possibility.
⮞ You agree to indemnify us against third-party claims arising from your misuse of services, content, or breach of these Terms.
7. Termination
Either party may terminate the engagement upon breach or failure to perform obligations, by providing written notice.
⮞ Upon termination, you must pay us for work completed to date.
⮞ We may disable your access to client portals or accounts if payments are overdue or for violations.
8. Confidentiality
⮞ Both parties agree to treat as confidential any proprietary or nonpublic information exchanged.
⮞ Confidential information does not include information already publicly known or required to be disclosed by law.
9. Links & Third-Party Services
⮞ Our Site may contain links to third-party websites or services. We are not responsible for their content, practices, or any damages resulting from their use.
⮞ Use of third-party tools or platforms (e.g. advertising platforms, analytics) is subject to their own terms and policies.
10. Governing Law & Dispute Resolution
⮞ These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada (without regard to conflicts of law rules).
⮞ Any disputes shall first be attempted to resolve through negotiation or mediation in Calgary. If unresolved, disputes may be brought in the courts of Alberta .
You waive any right to a jury trial to the extent permitted by law.
11. Severability & Changes
⮞ If any provision of these Terms is found invalid or unenforceable, the remainder continues to apply.
⮞ We may amend these Terms at any time; changes take effect when posted. Your continued use after changes means you accept them.
12. Entire Agreement
These Terms, together with any service agreements, proposals or statements of work, constitute the entire agreement between you and Digital Monk Marketing, superseding prior agreements.
Effective Date: 1 January 2025
Last updated: 13 October 2025