Terms of Service

Welcome to Dynamiqx

These Terms of Service ("Terms") govern your access to and use of Dynamiqx's services, including our website, email marketing services, lifecycle marketing strategy, consulting, campaign execution, audits, and any related offerings (collectively, the "Services").

By engaging Dynamiqx or using any of our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use our Services.

1. Definitions and Interpretation

1.1. "Client" refers to any individual, business, or legal entity that engages Dynamiqx for Services.

1.2. "Agency" refers to Dynamiqx, a marketing and growth agency providing email marketing, lifecycle marketing, and related strategic services.

1.3. "Parties" refers collectively to the Client and the Agency.

1.4. "Agreement" refers to these Terms together with any proposal, statement of work, service agreement, or written confirmation issued by the Agency and accepted by the Client.

2. Scope of Services

2.1. The Agency agrees to provide marketing and growth-related services as outlined in a proposal, statement of work, or written agreement issued to the Client.

2.2. The specific scope, deliverables, timelines, fees, and performance expectations shall be defined separately for each engagement.

2.3. The Agency may, at its discretion, engage subcontractors or third-party specialists to deliver parts of the Services, while remaining responsible for overall service delivery.

2.4. The Agency does not guarantee specific financial results, revenue increases, or performance outcomes, as results depend on multiple external factors beyond the Agency's control.

3. Client Responsibilities

3.1. The Client agrees to provide accurate, complete, and timely information, materials, approvals, and access necessary for the Agency to perform the Services.

3.2. The Client is responsible for ensuring that all content, data, and materials supplied do not infringe on any third-party rights and comply with applicable laws and platform policies.

3.3. Delays caused by the Client's failure to provide required information or approvals may affect timelines and do not constitute a breach by the Agency.

3.4. The Client agrees to pay all invoices issued by the Agency in full and by the stated due dates. Timely payment is a material obligation under this Agreement.

4. Fees and Payment Terms

4.1. Fees for Services shall be as specified in the applicable proposal or statement of work.

4.2. Unless otherwise stated in writing, invoices are payable within 14 days of the invoice date.

4.3. Late payments may attract interest at a commercially reasonable rate permitted by applicable law and may include recovery costs incurred by the Agency.

4.4. If an invoice remains unpaid for more than 14 days after the due date, the Agency reserves the right to suspend all Services until payment is received in full. Such suspension shall not be considered a breach of contract.

4.5. The Agency reserves the right to revise payment terms or require advance payment where there is a history of late or missed payments.

4.6. All fees are exclusive of applicable taxes, which shall be borne by the Client unless stated otherwise.

5. Intellectual Property

5.1. All intellectual property rights in materials provided by the Client remain the property of the Client.

5.2. All strategies, frameworks, templates, methodologies, designs, copy, and materials created by the Agency remain the intellectual property of the Agency until full payment has been received.

5.3. Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the deliverables solely for their internal business purposes, unless otherwise agreed in writing.

5.4. The Agency retains the right to showcase anonymized or non-confidential work samples for portfolio and marketing purposes unless expressly prohibited by the Client in writing.

6. Confidentiality

6.1. Each Party agrees to keep confidential any proprietary, commercial, or sensitive information disclosed by the other Party in connection with the Services.

6.2. Confidential information does not include information that is publicly available, lawfully obtained from a third party, independently developed, or required to be disclosed by law.

6.3. Confidentiality obligations survive termination of the Agreement.

7. Data Protection and Privacy

7.1. The Agency will process personal data in accordance with applicable data protection and privacy laws.

7.2. The Client acknowledges that the Agency may process data solely for the purpose of delivering the Services.

7.3. Further details regarding data handling practices may be outlined in the Agency's Privacy Policy.

8. Warranties and Disclaimers

8.1. The Agency warrants that it will perform the Services with reasonable skill, care, and professional diligence.

8.2. Except as expressly stated, the Services are provided "as is," and the Agency disclaims all implied warranties, including fitness for a particular purpose or guaranteed outcomes.

9. Limitation of Liability

9.1. To the fullest extent permitted by law, the Agency's total liability arising out of or in connection with the Services shall be limited to the fees paid by the Client to the Agency in the three months preceding the claim.

9.2. The Agency shall not be liable for indirect, incidental, consequential, or loss-of-profit damages, even if advised of the possibility of such damages.

10. Indemnity

10.1. The Client agrees to indemnify and hold harmless the Agency from any claims, losses, or liabilities arising from the Client's breach of these Terms, misuse of the Services, or violation of applicable laws or third-party rights.

11. Force Majeure

11.1. The Agency shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to natural disasters, power failures, platform outages, strikes, or governmental actions.

12. Dispute Resolution

12.1. The Parties agree to attempt to resolve any disputes arising from these Terms through good-faith discussions.

12.2. If resolution cannot be reached, the Parties may pursue mediation or other alternative dispute resolution methods before initiating formal legal proceedings.

13. Termination

13.1. Either Party may terminate the Services by providing 15 days' written notice to the other Party, unless otherwise specified in a separate agreement.

13.2. The Agency may terminate the Agreement immediately if the Client fails to make payment when due or materially breaches these Terms.

13.3. Upon termination, all outstanding fees become immediately payable, and the Client's right to use unpaid deliverables ceases.

14. Governing Law

14.1. These Terms shall be governed by and construed in accordance with the laws applicable to the Agency's principal place of business, unless otherwise agreed in writing.

Contact us

If you have any questions about these Terms, please contact us at hello@dynamiqx.io