Terms and Conditions

Last Updated: January 2025

1. Agreement to Terms

Welcome to Catalyst Digital Agency ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Website") and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.

2. Services Description

Catalyst Digital Agency provides digital marketing services, including but not limited to:

  • Website design and development
  • Search engine optimization (SEO)
  • Social media marketing and management
  • Content creation and marketing
  • Pay-per-click (PPC) advertising management
  • Branding and graphic design services
  • Digital strategy consulting

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. User Accounts and Responsibilities

3.1 Account Creation: To access certain Services, you may be required to create an account. You must provide accurate, current, and complete information during registration.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

3.3 Account Accuracy: You must promptly update your account information to keep it accurate, current, and complete. Failure to do so may result in suspension or termination of Services.

3.4 Eligibility: You must be at least 18 years old and legally capable of entering into binding contracts to use our Services.

4. Intellectual Property Rights

4.1 Our Property: All content, features, and functionality of our Website, including but not limited to text, graphics, logos, images, software, and compilation thereof, are the exclusive property of Catalyst Digital Agency or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

4.2 Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes, subject to these Terms.

4.3 Client Work: Upon full payment for services rendered, you will own the final deliverables created specifically for you. We retain the right to display project work in our portfolio unless otherwise agreed in writing.

4.4 Pre-existing Materials: We retain all rights to any pre-existing materials, tools, templates, or methodologies used in providing Services.

5. Prohibited Uses

You agree not to use our Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Transmit any harmful code, viruses, or malicious software
  • Engage in any fraudulent, deceptive, or misleading activities
  • Harass, abuse, or harm others or advocate such actions
  • Collect or harvest personal information without consent
  • Interfere with or disrupt our Services or servers
  • Attempt unauthorized access to our systems or networks
  • Copy, reproduce, or reverse engineer any part of our Services
  • Use automated systems to access our Services without permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Distribute spam, chain letters, or unsolicited communications

6. Payment Terms

6.1 Pricing: All prices are stated in the applicable currency and are subject to change with notice. Custom quotes are valid for 30 days unless otherwise specified.

6.2 Payment Schedule: Payment terms will be specified in individual service agreements. Unless otherwise stated, payment is due within 15 days of invoice date.

6.3 Late Payments: Late payments may incur interest charges of 1.5% per month or the maximum rate permitted by law, whichever is less.

6.4 Refunds: Refund policies vary by service and will be detailed in individual agreements. Generally, deposits are non-refundable, and refunds for completed work are not available.

7. Warranties and Disclaimers

7.1 Service Warranty: We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

7.2 Disclaimer: EXCEPT AS EXPRESSLY PROVIDED, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.3 No Guarantee: We do not guarantee specific results from our Services, including but not limited to search engine rankings, website traffic, lead generation, or sales conversions.

7.4 Third-Party Services: We are not responsible for the performance, content, or policies of third-party services, platforms, or websites.

8. Limitation of Liability

8.1 Limitation: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CATALYST DIGITAL AGENCY, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

8.2 Maximum Liability: Our total liability for any claims arising out of or relating to these Terms or our Services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim, or €1,000, whichever is less.

8.3 Exceptions: Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Catalyst Digital Agency, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of or inability to use our Services
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Content or materials you provide to us
  • Any misrepresentation made by you

10. Term and Termination

10.1 Term: These Terms remain in effect while you use our Services or maintain an account with us.

10.2 Termination by You: You may terminate your account at any time by contacting us. You remain responsible for all charges incurred up to the termination date.

10.3 Termination by Us: We reserve the right to suspend or terminate your access to our Services immediately, without prior notice, for any reason, including breach of these Terms.

10.4 Effect of Termination: Upon termination, your right to use our Services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

10.5 Data Retention: Following termination, we may retain your information as required by law or for legitimate business purposes.

11. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of these Terms.

Confidential information does not include information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully in the receiving party's possession before disclosure; (c) is independently developed; or (d) is rightfully obtained from third parties.

12. Governing Law and Jurisdiction

12.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Croatia, without regard to its conflict of law provisions.

12.2 Jurisdiction: Any disputes arising out of or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the courts located in Croatia.

12.3 EU Rights: If you are a consumer in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident.

13. Dispute Resolution

13.1 Informal Resolution: In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute informally through good faith negotiations for a period of thirty (30) days.

13.2 Mediation: If the dispute cannot be resolved informally, the parties agree to attempt mediation before pursuing litigation or arbitration.

13.3 Arbitration: If mediation fails, disputes may be resolved through binding arbitration in accordance with the Croatian Arbitration Rules, unless otherwise required by applicable law.

13.4 Class Action Waiver: To the extent permitted by law, you agree that any proceedings to resolve disputes will be conducted on an individual basis and not as a class action or representative proceeding.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. Material changes will be notified through our Website or via email at least 30 days before the new terms take effect.

Your continued use of our Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using our Services.

We encourage you to review these Terms periodically for any updates or changes.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Catalyst Digital Agency regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.

17. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms and our rights without restriction. Any attempted assignment in violation of this section shall be null and void.

18. Waiver

No waiver by Catalyst Digital Agency of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemics, natural disasters, government actions, or telecommunications failures.

20. Contact Information

If you have any questions about these Terms and Conditions, please contact us:

Catalyst Digital Agency

Email: [email protected]

Website: your-domain.com

Phone: Available upon request

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OUR SERVICES.

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