1. Introduction & Acceptance
These Terms of Service ("Terms") govern the relationship between Digital Titan ("Company", "DigitalTitan", "we", "us", or "our"), operating in Pakistan and the United Kingdom, and any person, business, or entity ("Client", "you", or "your") that accesses our website, retains our agency services, or enters into a service contract with us.
By engaging DigitalTitan for agency services, requesting a quotation, signing a project agreement, or accessing our digital assets, you agree to be bound by these Terms. If a specific signed proposal, statement of work (SOW), quotation, or master service agreement ("Project Agreement") contains terms that explicitly contradict these general Terms, the specific Project Agreement shall prevail regarding that specific project.
2. Definitions
- Company: Digital Titan, trading as DigitalTitan.
- Client: The individual or legal entity purchasing or inquiring about agency services.
- Services: Website development, website design, graphic design, video editing, Google Business Profile management, Meta Ads, Google Ads, TikTok Ads, LinkedIn Ads, and digital marketing consulting.
- Deliverables: The specific final websites, graphics, edited videos, ad copy, or strategic documents delivered by the Company under a Project Agreement.
- Client Materials: Text, images, brand assets, product logos, footage, credentials, and data supplied by the Client.
- Ad Spend: The money paid directly to third-party advertising platforms (Meta, Google, TikTok, LinkedIn) to run ad campaigns, distinct from Agency Service Fees.
- Third-Party Services: External platforms, APIs, hosting providers, domain registrars, and software tools utilized during service delivery.
3. Scope of Agency Services
3.1 Website Development & Design
We provide custom web engineering (including Next.js, Astro, React, and tailored CMS implementations), frontend/backend code, mobile responsiveness, and API integrations. Unless explicitly included in your Project Agreement, hosting fees, domain registration, premium third-party plugins, paid API subscriptions, and ongoing monthly technical maintenance are separate costs borne by the Client.
3.2 Graphic Design
Graphic design deliverables include visual brand assets, logos, marketing collateral, social media templates, and digital banners. Ownership of editable source files (PSD, AI, Figma) and third-party stock asset licenses depends on the specific licensing terms outlined in your Project Agreement.
3.3 Video Editing
Video editing services involve post-production, motion graphics, audio sync, and formatting. The Client is solely responsible for securing usage rights for all raw video footage, background audio, and music provided to us. Project file retention after final delivery is limited to 30 days unless extended retention is purchased.
3.4 Google Business Profile (Google My Business)
We assist with Google Business Profile optimization, local SEO recommendations, business descriptions, category updates, and review strategy management. Google operates as an independent third-party platform. We do not and cannot guarantee specific #1 map rankings, automated profile verification, removal of profile suspensions, or forced customer reviews.
4. Advertising Services & Ad Spend
DigitalTitan provides advertising setup, strategy, creative split-testing, audience targeting, and campaign management across Meta Ads (Facebook & Instagram), Google Ads (Search, Shopping, YouTube), TikTok Ads, and LinkedIn Ads.
Critical Distinction Between Fees:
- Agency Service Fees: Retainers or setup fees paid to DigitalTitan for campaign creation, media buying, creative design, CAPI setup, and reporting.
- Advertising Spend (Ad Spend): Funds paid directly to Meta, Google, TikTok, or LinkedIn to run your ads. Ad Spend is billed directly to the Client's credit card by the ad platform unless another arrangement is explicitly agreed in writing.
5. No Guarantee of Advertising Results
While DigitalTitan utilizes data-driven optimization, advanced Conversions API (CAPI) setups, and proven campaign structures, we make no unconditional guarantee of specific sales revenue, lead counts, impressions, click-through rates, ROAS (Return on Ad Spend), CPA (Cost Per Acquisition), or profitability unless an explicit written performance guarantee is executed in a signed SOW.
Advertising performance is subject to external commercial factors outside our control, including market competition, auction price fluctuations, Client product pricing, website conversion rate, landing page speed, product supply chain availability, audience size, macroeconomic conditions, and third-party platform algorithm updates.
6. Third-Party Advertising Platforms
Meta, Google, TikTok, LinkedIn, and Google Business Profile are independent third-party corporations. DigitalTitan is an independent agency service provider and is not Meta, Google, TikTok, or LinkedIn, nor an authorized representative or subsidiary of those entities.
Ad approval, account verification, and policy enforcement remain at the sole discretion of the respective platform. We are not responsible for campaign disruptions caused by platform policy changes, algorithm modifications, account reviews, or platform-wide server outages.
7. Client Responsibilities
The Client agrees to:
- Provide accurate business details, logo assets, and campaign directives in a timely manner.
- Ensure all products, services, and claims advertised are truthful, legal, and compliant with applicable consumer protection laws in Pakistan, the UK, and target markets.
- Grant necessary delegated access to Business Managers, Google Ad accounts, hosting portals, and analytics properties.
- Promptly review and approve campaign creatives, website staging previews, and copy drafts.
8. Intellectual Property & Code Ownership
Client Materials: The Client retains full ownership of pre-existing logos, images, trademarks, and Client-provided data.
Agency Pre-Existing IP: DigitalTitan retains ownership of pre-existing code libraries, UI frameworks, custom scripts, internal automation workflows, and proprietary agency methodologies.
Final Deliverables: Upon full payment of all invoice balances, the Client receives ownership or a perpetual license to use the final website codebase, customized graphics, and edited video files specified in the Project Agreement.
9. Revisions & Approval Process
Project packages include a designated number of revision rounds (typically 2 rounds of minor adjustments unless otherwise specified). Major structural redesigns or scope changes requested after initial sign-off will be quoted as additional work at our standard hourly or milestone rates.
10. Payments, Fees & Taxes
Invoices are issued according to milestone schedules or monthly retainers set out in the Project Agreement. We accept payments in Pakistani Rupees (PKR), British Pounds (GBP), or US Dollars (USD). Applicable taxes (including UK VAT or local Pakistani sales/withholding taxes) are calculated and billed in accordance with relevant statutory tax laws and individual service agreements.
11. Refunds & Cancellations
Work completed up to the date of written cancellation notice must be compensated. Initial deposits for custom web builds or media buying setup are non-refundable once work has commenced. Third-party ad spend paid directly to Meta/Google/TikTok/LinkedIn and third-party software subscriptions are non-refundable. Nothing in these Terms limits statutory consumer rights where mandatory under applicable law.
12. Project Delays
DigitalTitan is not responsible for project timeline delays caused by missing Client content, delayed sign-offs, payment holds, or third-party platform technical disruptions.
13. Confidentiality
Both parties agree to maintain strict confidentiality regarding proprietary business strategies, financial metrics, customer lists, campaign data, and technical specifications disclosed during the course of engagement.
14. Privacy & Embedded AI Chat Assistant
Personal information is handled strictly according to our Privacy Policy.
Embedded AI Chat Assistant: Please note that our website embeds an AI Chat Assistant component ("Digital Titan AI"). The AI assistant processes user inquiry messages, name/email details, call booking inputs, and conversation logs to provide instant support, answer service questions, and schedule consultation calls.
15. Account Access & Security
Clients should grant agency access via official delegated user permissions (e.g., Meta Business Partner access, Google Ads account manager invite, GMB user access) rather than sharing plain-text passwords. Clients retain ownership of their ad accounts and may revoke access upon contract conclusion.
16. Prohibited Activities
Services may not be used for fraudulent activities, malware dissemination, deceptive ad funnels, trademark infringement, illegal goods, or content violating UK or Pakistani statutory law. We reserve the right to immediately suspend services for unlawful conduct.
17. Limitation of Liability
To the maximum extent permitted by law in Pakistan and the United Kingdom, DigitalTitan shall not be liable for indirect, incidental, consequential, or punitive damages, lost profits, revenue loss, or third-party platform account suspensions resulting from service provision.
18. Force Majeure
Neither party shall be liable for failure or delay in performance caused by circumstances beyond reasonable control, including internet infrastructure outages, cloud provider failures, acts of God, war, civil unrest, or major cyber security incidents.
19. Termination
Either party may terminate ongoing monthly retainer services by providing written notice according to the notice period specified in the SOW (typically 30 days). Upon termination, all outstanding unpaid invoices become immediately due.
20. Governing Law & Jurisdiction
[APPLICABLE GOVERNING LAW AND JURISDICTION — LEGAL REVIEW REQUIRED]
Individual project agreements executed with clients in the United Kingdom or Pakistan will specify the designated contracting corporate entity and legal jurisdiction.
These documents are a business-oriented draft designed for DigitalTitan operations in the United Kingdom and Pakistan, and should be reviewed by a qualified lawyer before being relied upon as the company's final legal terms, particularly regarding jurisdiction, consumer rights, data protection, advertising regulations, taxation, and cross-border services.