Terms & Conditions

Welcome to Digital Crest. These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "User," "you," or "your") and Digital Crest ("Company," "we," "our," or "us") governing your access to and use of our website located at https://digitalcrest.co (the "Website") and our digital marketing services (collectively, the "Services").

By accessing our Website or engaging our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access the Website or use our Services.

1. Acceptance of Terms

By using our Website or Services, you represent and warrant that:

• You are at least 18 years of age and have the legal capacity to enter into a binding contract.
• If you are entering into these Terms on behalf of a company or organization, you have the authority to bind that entity to these Terms.
• You will provide accurate, current, and complete information when engaging our Services.
• You will comply with all applicable laws and regulations in connection with your use of our Services.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Services" refers to website design, search engine optimization (SEO), social media marketing, content creation, paid advertising management, analytics reporting, and any other digital marketing services provided by Digital Crest.
• "Client" or "User" refers to any individual or entity that accesses our Website or engages our Services.
• "Deliverables" refers to any work product, designs, code, content, reports, or materials created by Digital Crest as part of the Services.
• "Project" refers to a specific scope of work agreed upon between Digital Crest and the Client, outlined in a proposal, statement of work, or service agreement.
• "Client Materials" refers to any content, images, logos, trademarks, text, data, or other materials provided by the Client to Digital Crest for use in connection with the Services.

3. Description of Services

Digital Crest provides the following digital marketing services:

• Website Design: Custom website design and development, including WordPress, Webflow, and custom-coded solutions.
• SEO Services: Technical SEO audits, keyword research, on-page optimization, link building, local SEO, and search performance reporting.
• Social Media Marketing: Social media strategy, content creation, community management, paid social advertising, and performance analytics.

The specific scope, deliverables, timeline, and pricing for each Project will be documented in a separate proposal, statement of work, or service agreement signed by both parties. In the event of any conflict between these Terms and a signed service agreement, the service agreement shall prevail.

4. User Obligations and Responsibilities

As a Client, you agree to:

• Provide timely access to necessary information, materials, and personnel required for Digital Crest to perform the Services.
• Provide accurate and complete Client Materials, and ensure you have all necessary rights and permissions for Digital Crest to use such materials.
• Review and provide feedback on Deliverables within agreed-upon timeframes. Delays in feedback may impact project timelines.
• Not use our Services for any unlawful, fraudulent, or unauthorized purpose.
• Not interfere with or disrupt the operation of our Website or Services.
• Not attempt to reverse engineer, decompile, or extract the source code of any Deliverables unless explicitly permitted.

5. Intellectual Property Rights

5.1 Client Materials

You retain full ownership of all Client Materials you provide to us. By providing Client Materials, you grant Digital Crest a non-exclusive, royalty-free license to use, reproduce, and modify such materials solely for the purpose of providing the Services to you.

5.2 Deliverables

Upon full payment for the Services, Digital Crest assigns to you all ownership rights to the final Deliverables created specifically for your Project. This includes website designs, custom code, content, and other work product delivered as part of the completed Project.

5.3 Pre-Existing IP

Digital Crest retains ownership of all pre-existing intellectual property, tools, frameworks, templates, methodologies, and proprietary processes used in the creation of Deliverables ("Pre-Existing IP"). Digital Crest grants you a perpetual, non-exclusive license to use any Pre-Existing IP embedded in your Deliverables.

5.4 Portfolio Rights

Unless otherwise agreed in writing, Digital Crest reserves the right to display completed Projects in our portfolio, on our Website, and in marketing materials. We will not disclose confidential business information without your consent.

6. Payment Terms

6.1 Fees

Fees for our Services are outlined in the applicable service agreement, proposal, or pricing page on our Website. All fees are quoted in United States Dollars (USD) unless otherwise specified.

6.2 Invoicing and Payment

• For project-based work, payment schedules will be outlined in the service agreement (typically 50% upfront and 50% upon completion).
• For recurring monthly services, payments are due at the beginning of each billing cycle.
• Invoices are payable within 15 days of the invoice date unless otherwise agreed.

6.3 Late Payments

Late payments may result in suspension of Services until the account is brought current. We reserve the right to charge interest on overdue amounts at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

6.4 Taxes

You are responsible for any applicable sales, use, value-added, or other taxes associated with the Services, unless otherwise stated. Digital Crest will charge applicable taxes where required by law.

7. Cancellation and Refund Policy

7.1 Monthly Services

Monthly services (SEO, social media management, etc.) may be cancelled at any time with 30 days' written notice. You will be billed for the final 30-day period following cancellation notice. No refunds will be issued for services already rendered.

7.2 Project-Based Services

For fixed-price projects, cancellation terms will be outlined in the service agreement. Generally, if you cancel a project after work has begun, you will be responsible for payment for work completed up to the cancellation date plus any non-recoverable third-party costs incurred.

7.3 Satisfaction Guarantee

We offer a 30-day satisfaction guarantee for new monthly service clients. If you are not satisfied with our Services within the first 30 days, we will refund your first month's payment. This guarantee applies once per client.

8. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement ("Confidential Information"). Confidential Information includes business strategies, customer data, financial information, trade secrets, and any information marked as confidential.

Neither party will disclose Confidential Information to third parties without the disclosing party's prior written consent, except:

• To employees or contractors who need to know the information to perform the Services and are bound by confidentiality obligations.
• As required by law, court order, or governmental regulation.

These confidentiality obligations survive termination of these Terms for a period of three (3) years.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Digital Crest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising from or related to these Terms or the Services.
• Digital Crest's total aggregate liability for any claims arising from or related to these Terms or the Services shall not exceed the total amount paid by you to Digital Crest during the six (6) months preceding the event giving rise to the claim.
• These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if Digital Crest has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Digital Crest, its officers, directors, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Website or Services in violation of these Terms.
• Your Client Materials infringing on any third-party intellectual property rights.
• Your violation of any applicable laws or regulations.
• Any claims made by third parties arising from your business activities.

11. Third-Party Links and Services

Our Website and Services may contain links to third-party websites, tools, or services that are not owned or controlled by Digital Crest. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Digital Crest shall not be liable for any damages or losses caused by your use of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party sites you visit.

12. Termination

12.1 Termination by Client

You may terminate monthly Services at any time with 30 days' written notice as described in Section 7 (Cancellation and Refund Policy).

12.2 Termination by Digital Crest

We reserve the right to terminate or suspend your access to our Services immediately, without prior notice, if:

• You breach any material provision of these Terms and fail to cure such breach within 15 days of receiving written notice.
• You engage in fraudulent, illegal, or abusive behavior.
• You fail to make payments when due.
• We determine, in our sole discretion, that continuing the relationship would harm our business interests or reputation.

12.3 Effect of Termination

Upon termination, you must pay all outstanding fees for Services rendered through the termination date. Provisions of these Terms that by their nature should survive termination (including intellectual property, confidentiality, limitation of liability, and indemnification) shall continue in full force and effect.

13. Disclaimer of Warranties

The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by law, Digital Crest disclaims all warranties, including:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties that the Services will be uninterrupted, error-free, or completely secure.
• Warranties regarding the accuracy, reliability, or completeness of any information provided through the Services.
• Warranties that SEO efforts will result in specific rankings, traffic levels, or revenue outcomes (as search engine algorithms are controlled by third parties beyond our control).

We make no guarantees regarding specific results from our marketing Services. All estimates, projections, and forecasts provided are based on our experience and industry knowledge but are not guarantees of future performance.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Montana, United States, without regard to its conflict of law principles.

14.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising from or relating to these Terms or the Services, the parties shall first attempt to resolve the dispute informally through good-faith negotiations. If the dispute cannot be resolved within 30 days, either party may pursue resolution through binding arbitration or a court of competent jurisdiction in Flathead County, Montana.

14.3 Class Action Waiver

You agree to resolve disputes with Digital Crest on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration against Digital Crest.

15. Changes to These Terms

We reserve the right to modify or update these Terms at any time. When we make changes, we will:

• Post the updated Terms on this page.
• Update the "Last Updated" date at the top of this page.
• Notify active clients of material changes via email at least 30 days before the changes take effect.

Your continued use of our Website and Services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must discontinue using our Services.

16. Contact Information

If you have any questions, concerns, or feedback regarding these Terms and Conditions, please contact us:

For privacy-related inquiries, please refer to our Privacy Policy.