Legal
Terms of Service
Last updated: 1 April 2025
1. Acceptance of Terms
By accessing or using any services provided by Emozi Digital ("we", "our", "us"), including our website at emozidigital.com and all associated digital marketing and automation services, you ("Client", "you") agree to be bound by these Terms of Service.
If you do not agree to these terms, you must not use our services. These terms constitute a legally binding agreement between you and Emozi Digital.
2. Services
Emozi Digital provides AI-powered digital marketing services including, but not limited to: AI workforce solutions, automation services, sales automation, chatbot development, SEO and content systems, performance marketing automation, CRM integration, website and funnel development, and email/SMS/WhatsApp automation.
The specific scope, deliverables, timelines, and fees for each engagement are defined in a separate Scope of Work or Service Agreement issued prior to the commencement of any project. In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail.
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.
3. Client Responsibilities
You agree to:
- Provide accurate, complete, and timely information required for us to deliver the agreed services
- Obtain all necessary rights, consents, and permissions for materials, assets, and data you provide to us
- Designate a primary point of contact responsible for approvals and communications
- Respond to requests for feedback, approvals, or information within agreed timeframes
- Ensure that any platforms, tools, or accounts you grant us access to are properly authorised for agency access
- Not use our services for any unlawful purpose or in violation of any applicable laws or regulations
Project delays caused by late approvals, missing content, or failure to provide required information may result in revised timelines without penalty to us.
4. Payment Terms
All fees are specified in the relevant Scope of Work or invoice. Unless otherwise agreed in writing:
- A deposit of 50% of the total project fee is due before work commences
- The remaining balance is due upon project completion or at agreed milestones
- Ongoing retainer fees are invoiced monthly in advance
- Payment is due within 14 days of the invoice date
- Late payments may incur interest at 1.5% per month on the outstanding balance
We reserve the right to pause or suspend services if invoices remain unpaid beyond 30 days. All fees are exclusive of applicable taxes, which will be added where required by law.
5. Intellectual Property
Upon receipt of full payment for a project, you will own the deliverables produced specifically for your engagement, including custom code, copy, designs, and configured workflows.
We retain ownership of our proprietary methodologies, templates, frameworks, tools, and any pre-existing intellectual property used in the delivery of services. A non-exclusive licence is granted to you to use such materials as incorporated into your deliverables.
We may reference your business name and describe the nature of work completed (without disclosing confidential specifics) in our portfolio, case studies, and marketing materials, unless you request otherwise in writing.
6. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement and not to disclose it to third parties without prior written consent, except as required by law.
Confidential information includes business data, customer lists, financial information, project specifics, trade secrets, and any information marked as confidential. This obligation survives the termination of any service agreement.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Emozi Digital's total liability to you for any claims arising from or related to our services shall not exceed the total fees paid by you in the three months preceding the claim.
We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost revenue, lost profits, loss of data, or loss of business opportunity, even if we have been advised of the possibility of such damages.
We do not guarantee specific outcomes, rankings, conversion rates, or revenue results from any service. Digital marketing results depend on many variables outside our control, including market conditions, platform algorithm changes, and client actions.
8. Termination
Either party may terminate an engagement by providing 30 days' written notice. Upon termination:
- All outstanding invoices for work completed become immediately due and payable
- We will deliver all completed work and assets to you within 14 days
- Access to any shared tools, accounts, or platforms will be revoked
We may terminate a service agreement immediately without notice if you breach these terms, fail to pay outstanding invoices after reasonable notice, or engage in unlawful activity.
9. Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of the dispute arising. If resolution cannot be reached, the dispute shall be referred to mediation before any legal proceedings are commenced.
These terms are governed by and construed in accordance with the laws of the jurisdiction in which Emozi Digital is registered. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
10. Changes to These Terms
We reserve the right to update these Terms of Service at any time. Material changes will be communicated by email or by posting a notice on our website. Continued use of our services following notification of changes constitutes acceptance of the updated terms.
11. Contact
If you have any questions about these Terms of Service, please contact us at:
- Email: hello@emozidigital.com
- Website: emozidigital.com/contact