Effective Date: Aug 5, 2020
Entity Name: Digify SEO Company
Legal Jurisdiction: Ontario, Canada
Website: https://digifyseo.com
Contact Email: contact@digifyseo.com

1. Introduction

These Terms and Conditions (“Agreement”) govern the use of services and products provided by Digify SEO Company (“Digify,” “Company,” “we,” “us,” or “our”) through its website https://digifyseo.com and affiliated platforms. By engaging with our website or entering into service agreements with Digify, the client (“Client,” “You,” or “Your”) expressly agrees to comply with and be bound by the terms outlined herein.

This Agreement shall be deemed effective upon acceptance by the Client and shall continue in full force until terminated in accordance with the provisions herein.

2. Scope of Services

Digify provides digital marketing services, custom software development, SaaS solutions, IT infrastructure provisioning, website hosting, advertising services, and related technical and strategic consulting.

Deliverables and project timelines shall be clearly defined in individual Statements of Work (SOW), Master Service Agreements (MSA), or Work Orders mutually agreed upon with the Client. No additional services shall be rendered unless formally approved and documented.

3. Client Data & Confidentiality

3.1 Confidentiality Obligation: Digify agrees to maintain in strict confidence all confidential and proprietary information provided by the Client, including customer records, marketing strategies, source code, financial data, and other trade secrets.

3.2 Use of Client Data: Client information will be accessed solely for the purpose of executing contractual obligations. Digify shall not sell, rent, lease, or share client data with third parties without express written consent, except when legally required.

3.3 Data Security: Digify employs commercially reasonable administrative, physical, and technical safeguards to prevent unauthorized access, use, disclosure, or modification of Client Data.

4. Intellectual Property

4.1 Custom Deliverables: Unless otherwise agreed in writing, Digify retains all rights, title, and interest in any code, scripts, platforms, frameworks, artwork, designs, reports, and materials developed during the engagement.

4.2 License to Client: Upon full payment, Digify grants the Client a non-exclusive, non-transferable, revocable license to use the deliverables for internal business purposes. Distribution, sublicensing, or resale without express permission is prohibited.

4.3 SaaS IP: For Software-as-a-Service (SaaS) offerings, Digify retains full intellectual property ownership. Clients receive only a limited, subscription-based license to use the software as described in their respective service tier.

5. Data Handling & Compliance

5.1 Data Residency: Client data may be stored on servers located in Canada, the United States, or other jurisdictions through third-party providers. By using our services, you consent to such storage and processing locations.

5.2 Regulatory Compliance: Clients are solely responsible for ensuring their use of Digify services complies with all applicable data protection laws, including but not limited to the Personal Information Protection and Electronic Documents Act (PIPEDA) and GDPR, where applicable.

5.3 Data Retention & Deletion: Client data will be retained only as long as necessary to fulfill contractual obligations unless extended by law or custom arrangement. Data deletion requests must be submitted in writing.

6. Infrastructure, Hosting & Uptime

6.1 Hosting Providers: Digify’s services may be hosted using third-party infrastructure including but not limited to OVH, DataPacket, AWS (Amazon Web Services), Google Cloud Platform (GCP), Microsoft Azure, and GoDaddy.

6.2 Uptime Commitment: While Digify strives for a minimum of 99.9% uptime, availability is dependent on the uptime of third-party providers. Scheduled maintenance, force majeure events, or third-party outages are exempt from uptime guarantees.

6.3 Disruption & Liability: Digify is not liable for loss of data, revenue, or service caused by infrastructure failures outside its control. Clients are encouraged to maintain offsite backups of critical data.

7. Fees, Invoicing & Payment Terms

7.1 Project Billing: Unless otherwise specified in writing:

• 100% at due date for that month in case of Digital marketing projects
• 50% deposit is required to initiate custom software Projects including websites.
• 25% due at mid-point (for long-term projects) or at major deliverable approval.
• Final 25% due upon completion and before delivery.

7.2 SaaS Subscriptions: SaaS services are billed in advance on a monthly, quarterly, or annual basis. Failure to remit payment on time may result in suspension or termination.

7.3 Late Payments: Invoices unpaid after 14 calendar days from the due date will incur a 2% monthly interest fee or the maximum allowed by law. Digify reserves the right to suspend services until all outstanding balances are paid.

7.4 Due Dates & Credit Reporting: All payments are due strictly on the invoice Due Date. Digify reserves the right to suspend services immediately if payment is not received by the Due Date. Persistent failure to pay may result in the account being reported to credit bureaus.

7.5 Refund Policy: Custom work payments are non-refundable once commenced. SaaS subscriptions are non-refundable upon billing, unless otherwise agreed in writing or required by law.

8. Limitation of Liability

8.1 No Consequential Damages: Under no circumstances shall Digify be liable for indirect, incidental, special, or consequential damages, including lost profits, data, or goodwill.

8.2 Cap on Liability: In no event shall Digify’s aggregate liability exceed the total amount paid by the Client in the three (3) months preceding the claim.

8.3 Third-Party Failures: Digify assumes no responsibility for interruptions, loss, or damage caused by third-party hosting, email providers, payment gateways, or analytics tools.

8.4 Subscription Lapse Consequences: Digify shall not be held liable for any losses, including but not limited to business disruptions, data loss, or service inaccessibility resulting from the Client’s failure to maintain an active subscription.

9. Termination

9.1 Digify Seo reserve the right to terminate the Agreement with 30 days written notice. Immediate termination may occur in the case of:

• Material breach of contract
• Misuse of the service platform
• Non-payment beyond 30 days

9.2 Upon termination, all licenses and access rights are revoked. Data may be retained or purged at Digify’s discretion, except as required by law.

10. Jurisdiction & Dispute Resolution

10.1 Governing Law: This Agreement shall be governed by and construed under the laws of the Province of Ontario and the federal laws of Canada.

10.2 Jurisdiction: All legal disputes shall be subject to the exclusive jurisdiction of the courts of Toronto, Ontario, Canada.

10.3 Alternative Dispute Resolution: Parties agree to attempt mediation or arbitration in good faith before resorting to litigation.

11. Modifications to Legal Terms

Digify reserves the right to amend these Terms and Conditions at any time. Updated versions will be posted on the Website and are effective immediately. Clients are responsible for reviewing these terms periodically.

12. Contact Information

For all legal, billing, or compliance-related inquiries:

Digify SEO Company
Suite 6060, 3080 Yonge Street,
Toronto, Ontario,
M4N 3N1, Canada

2980 Drew Rd #224,
Mississauga, ON L4T 4E5, Canada

Phone: +1 (866) 344‑4397
Email: contact@digifyseo.com
Website: https://digifyseo.com