Terms of Service
Last updated: January 1, 2025
Welcome to Our Terms of Service
These Terms of Service ("Terms") govern your use of Darwisyah Digital Media's services, website, and related offerings. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Acceptance of Terms
By accessing and using Darwisyah Digital Media's services ("Services"), you accept and agree to be bound by the terms and provision of this agreement. These Terms constitute a legally binding agreement between you and Darwisyah Digital Media ("Company," "we," "our," or "us").
Important: Please read these terms carefully. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.
2. Services Description
2.1 Lead Generation Services
We provide the following B2B lead generation services:
Core Services:
Strategy & Consulting
- •Lead generation strategy development
- •Marketing audit and analysis
- •Campaign planning and optimization
- •Performance tracking and reporting
Implementation Services
- •Campaign setup and management
- •Content creation and optimization
- •Lead nurturing automation
- •Analytics and performance monitoring
2.2 Service Levels
We offer services under different engagement models:
Strategic guidance and planning sessions
Hands-on campaign execution and management
Knowledge transfer and team development
Ongoing optimization and technical assistance
3. User Responsibilities
3.1 Account and Access
You are responsible for:
- ✓Maintaining the confidentiality of your account credentials
- ✓All activities that occur under your account
- ✓Providing accurate and up-to-date information
- ✓Complying with all applicable laws and regulations
- ✓Respecting intellectual property rights
3.2 Prohibited Uses
You may not:
- ✗Use our services for illegal or unauthorized purposes
- ✗Interfere with or disrupt our services or servers
- ✗Attempt to gain unauthorized access to our systems
- ✗Use our services to send spam or unsolicited communications
- ✗Violate any applicable laws or regulations
- ✗Infringe on intellectual property rights
4. Intellectual Property
4.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, and software, are owned by Darwisyah Digital Media and are protected by copyright, trademark, and other intellectual property laws under Australian legislation.
4.2 Client Materials
You retain ownership of any materials, data, or content you provide to us. You grant us a limited license to use such materials solely for the purpose of providing our Services. This license terminates automatically upon completion of our services.
4.3 Third-Party Content
Our Services may include content or links to third-party websites. We do not endorse or assume responsibility for third-party content or services. Your use of third-party services is subject to their respective terms and conditions.
5. Payment Terms
5.1 Fees and Payment
Service fees are outlined in your Service Agreement or Statement of Work. Payment terms are as follows:
Payment Schedule:
Due upon project initiation
Due on the first day of each service month
Due within 30 days of achievement
50% upfront, 50% upon completion
5.2 Late Payments
Late payments may incur interest charges of 1.5% per month. We reserve the right to suspend or terminate services for accounts more than 30 days past due.
5.3 Refunds and Cancellations
Refunds are provided according to the terms in your Service Agreement. Generally, setup fees are non-refundable, and monthly services require 30 days' written notice for cancellation.
6. Service Level Agreements
6.1 Performance Guarantees
Where applicable, we provide performance guarantees as outlined in your Service Agreement. These may include:
- • Lead volume commitments
- • Lead quality standards
- • Response time guarantees
- • Uptime and availability commitments
6.2 Limitations
Our guarantees are subject to your fulfillment of agreed-upon responsibilities, including:
- • Timely provision of required materials and information
- • Implementation of recommended changes and optimizations
- • Maintenance of agreed-upon budgets and resources
- • Cooperation with our team and processes
7. Confidentiality
7.1 Confidential Information
Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of our engagement.
7.2 Non-Disclosure
We will not disclose your confidential information except as necessary to provide our Services or as required by law. You agree not to disclose our proprietary methodologies or trade secrets.
7.3 Data Protection
We implement appropriate technical and organizational measures to protect your confidential information. See our Privacy Policy for detailed information about data protection practices.
8. Limitation of Liability
Important Disclaimer
Our Services are provided "as is" without warranties of any kind. We do not guarantee specific results or outcomes from our lead generation efforts, as results depend on various factors including market conditions, competition, and your cooperation.
8.1 Service Limitations
In no event shall Darwisyah Digital Media be liable for:
- • Indirect, incidental, or consequential damages
- • Loss of profits, revenue, or business opportunities
- • Damages exceeding the amount paid for services in the 12 months preceding the claim
- • Claims arising from factors outside our reasonable control
8.2 Maximum Liability
Our total liability for any claim arising from our Services shall not exceed the total amount paid by you for the specific services giving rise to the claim in the 12 months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless Darwisyah Digital Media from any claims, damages, losses, or expenses arising from:
- • Your use of our Services
- • Your violation of these Terms
- • Your violation of applicable laws or regulations
- • Your infringement of third-party rights
- • Materials or content you provide to us
10. Termination
10.1 Termination by Either Party
Either party may terminate our Services Agreement with 30 days' written notice, subject to the terms outlined in your specific Service Agreement.
10.2 Immediate Termination
We may terminate our agreement immediately if you:
- • Breach these Terms or your Service Agreement
- • Fail to pay fees when due
- • Engage in illegal or harmful activities
- • Interfere with our operations or other clients
10.3 Effect of Termination
Upon termination, we will provide you with access to your data and final reports. Some provisions of these Terms, including confidentiality and liability limitations, will survive termination.
11. Dispute Resolution
11.1 Governing Law
These Terms are governed by the laws of Western Australia, Australia, without regard to conflict of law principles.
11.2 Dispute Resolution Process
We prefer to resolve disputes through direct communication. If we cannot resolve a dispute informally, the following process applies:
Dispute Resolution Steps:
- 1Direct CommunicationContact your account manager or our support team
- 2EscalationRequest escalation to management if needed
- 3MediationNeutral third-party mediation if required
- 4Legal ActionAs a last resort in Western Australian courts
12. Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to:
- • Natural disasters or severe weather events
- • Government actions or regulatory changes
- • Internet or telecommunications failures
- • Cyber attacks or security breaches
- • Labor disputes or strikes
- • Pandemics or public health emergencies
13. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- • Posting updated Terms on our website
- • Sending email notifications for significant changes
- • Updating the "Last updated" date
Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.
14. Severability
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect. The unenforceable provision will be replaced with a valid provision that most closely matches the intent of the original provision.
15. Entire Agreement
These Terms, together with your Service Agreement and any other referenced documents, constitute the entire agreement between you and Darwisyah Digital Media regarding our Services. These Terms supersede all prior agreements and understandings.
16. Contact Information
If you have questions about these Terms of Service, please contact us:
Address
Darwisyah Digital Media
67 Howe Street
Osborne Park WA 6017
Australia Perth, Western Australia
17. Service-Specific Terms
17.1 Lead Generation Services
Lead Quality Standards:
- • Verification: All leads are verified for accuracy and completeness
- • Scoring: Leads are scored based on fit and engagement criteria
- • Compliance: All lead generation activities comply with applicable laws
- • Exclusivity: Leads are provided exclusively to you during the agreement term
17.2 Consulting Services
Consulting services are advisory in nature. Implementation of recommendations is your responsibility, and results may vary based on execution and market conditions.
17.3 Training Services
Training materials and methodologies are proprietary to Darwisyah Digital Media. You may use these materials internally but may not redistribute or resell them without permission.
18. Compliance and Ethics
18.1 Anti-Corruption
Both parties agree to comply with all applicable anti-corruption laws, including the Australian Criminal Code Act 1995, the Foreign Bribery Offences provisions, and the U.S. Foreign Corrupt Practices Act.
18.2 Export Compliance
You agree to comply with all applicable export control laws and regulations. Our Services may not be used in countries subject to comprehensive sanctions.
18.3 Ethical Standards
We conduct business ethically and expect the same from our clients. We reserve the right to terminate relationships that conflict with our ethical standards.
Need Clarification?
If you have any questions about these Terms of Service or need further clarification, our legal team is here to help.
Thank you for choosing Darwisyah Digital Media. We look forward to helping you achieve your lead generation goals.