1. Agreement to Terms
By accessing the NMS Digitals website ("Site") or engaging our digital marketing services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, please do not use the Site or Services.
These Terms constitute a legally binding agreement between you ("Client", "you") and NMS Digitals ("we", "us", "our").
2. Services Provided
NMS Digitals provides digital marketing services including but not limited to:
- Search Engine Optimization (SEO)
- Pay-Per-Click (PPC) advertising management
- Social Media Marketing & Management
- Content Marketing & Creative SEO Writing
- Web Design & Development
- Email Marketing
- Analytics & Reporting
- Branding & Strategy
Specific deliverables, timelines, and pricing for each engagement are defined in a separate Statement of Work (SOW) or service agreement.
3. Eligibility
You must be at least 18 years old and have the legal authority to enter into a contract on behalf of yourself or your organization.
4. Client Responsibilities
You agree to:
- Provide accurate, complete information about your business, goals, and target audience.
- Furnish required assets (logos, brand guidelines, access to accounts) in a timely manner.
- Review deliverables and provide feedback within the agreed timeframes.
- Pay all fees as specified in your SOW.
- Maintain ownership of and the right to use any content you supply to us.
5. Fees & Payment
- Fees are detailed in each SOW or service agreement.
- Invoices are due within 14 days of issue unless otherwise agreed.
- Late payments may incur a 1.5% monthly interest charge.
- We reserve the right to suspend services for accounts overdue by more than 30 days.
- Setup fees and retainers are non-refundable once work has commenced.
6. Intellectual Property
- Your content — You retain ownership of all content, trademarks, and materials you provide.
- Our deliverables — Upon full payment, you receive a perpetual, non-exclusive license to use the final deliverables for your business.
- Our methods & tools — We retain ownership of proprietary methodologies, processes, templates, and tools used in delivering services.
- Portfolio rights — Unless otherwise agreed, we may reference your project in our portfolio and case studies.
7. Confidentiality
Both parties agree to keep confidential information shared during the engagement private and not disclose it to third parties without consent, except as required by law.
8. Performance & Results
While we apply industry best practices and proven strategies, we do not guarantee specific results such as exact rankings, traffic numbers, conversion rates, or revenue. Digital marketing results depend on many variables including market conditions, competition, and platform algorithm changes.
9. Third-Party Services
Our services may involve third-party platforms (Google Ads, Meta, Shopify, etc.). You acknowledge:
- We are not responsible for changes, downtime, or policies of third-party platforms.
- You are responsible for ad spend, platform subscriptions, and compliance with their terms.
10. Limitation of Liability
To the maximum extent permitted by law, NMS Digitals shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or business interruption. Our total aggregate liability shall not exceed the fees paid by you in the three (3) months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless NMS Digitals, its employees, and contractors from any claims arising out of (a) your use of our Services, (b) content you provide, or (c) your violation of these Terms.
12. Termination
- Either party may terminate the engagement with 30 days written notice as specified in your SOW.
- We may terminate immediately for non-payment, breach of these Terms, or unlawful activity.
- Upon termination, you are responsible for fees for work completed up to the termination date.
13. Governing Law
These Terms are governed by the laws of the jurisdiction in which NMS Digitals is registered. Any disputes shall be resolved through good-faith negotiation, mediation, and finally binding arbitration if necessary.
14. Changes to These Terms
We may revise these Terms from time to time. The latest version will always be posted at this URL. Continued use of our Site or Services after changes constitutes acceptance of the revised Terms.
15. Severability
If any provision of these Terms is found invalid, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with your specific SOW or service agreement and our Privacy Policy, constitute the entire agreement between you and NMS Digitals.
17. Contact
For any questions about these Terms:
NMS Digitals
Email: info@nmsdigitals.com
Phone: +1 (555) 010-1234
Last Updated: May 2026