Last Updated: 22-06-2022
Effective Date: 10-04-2021
Welcome to Dot Skale. These Terms & Conditions (“Agreement”) govern your access to and use of the website https://dotskale.com/ (“Website”) and the digital marketing services provided by Dot Skale (“we,” “us,” “our,” or “Agency”). By accessing the Website or engaging our Services, you agree to be legally bound by this Agreement.
If you do not agree with any part of these Terms & Conditions, you must discontinue use of the Services immediately and inform over email.
1. Definitions
1.1 “Client” refers to any individual, company, firm, or entity engaging Dot Skale for Services.
1.2 “Services” include but are not limited to digital marketing, performance marketing, SEO, social media management, paid advertising, web design & development, content creation, consulting, analytics, and strategy services.
1.3 “Website” refers to https://dotskale.com/ and all associated pages.
2. Acceptance of Terms
By accessing the Website, submitting inquiries, receiving proposals, or availing Services, the Client confirms acceptance of these Terms & Conditions along with any service-specific agreements, proposals, or written communications shared by Dot Skale.
3. Services & Scope
3.1 Scope of Work
The scope of Services shall be defined in a separate proposal, quotation, or engagement document. Each engagement may vary in deliverables, timelines, pricing, and execution approach.
3.2 Modifications
Any change to the agreed scope must be requested in writing. Additional charges and revised timelines may apply.
3.3 Performance Disclaimer
The Client acknowledges that digital marketing outcomes depend on multiple external factors such as algorithms, competition, platforms, and market behavior. No specific result or performance metric is guaranteed.
4. Client Responsibilities
The Client agrees to:
Provide accurate and lawful content, credentials, and materials
Respond promptly to approvals and feedback
Ensure ownership or usage rights over all materials provided
Comply with applicable laws, advertising policies, and platform guidelines
Delays caused by Client-side inaction may impact timelines without liability to Dot Skale.
5. Fees & Payments
5.1 Fees
All fees are communicated via proposals or agreements and are exclusive of applicable taxes unless stated otherwise.
5.2 Payment Schedule
Payments must be made as per agreed timelines. Failure to adhere may impact service continuity.
5.3 Taxes
The Client is responsible for all applicable taxes, duties, or statutory charges.
6. Intellectual Property Rights
6.1 Agency IP
All strategies, frameworks, systems, processes, methodologies, internal documents, and non-client-specific intellectual property developed by Dot Skale remain its exclusive property.
6.2 Client Materials
The Client grants Dot Skale a limited license to use Client-owned materials solely for service delivery purposes.
6.3 Third-Party Assets
Any third-party tools, platforms, or licensed assets are governed by their respective terms.
7. Confidentiality
Both parties agree to maintain confidentiality of all non-public, proprietary, or sensitive information shared during the engagement. This obligation survives termination.
8. Warranties & Disclaimers
Services are provided on an “as-is” and “as-available” basis. Dot Skale disclaims all implied warranties to the fullest extent permitted by law.
9. Limitation of Liability
Dot Skale shall not be liable for indirect, incidental, consequential, or special damages. Total liability shall not exceed the fees paid by the Client for the specific Services giving rise to the claim.
10. Termination
Either party may terminate a service engagement by providing written notice.
Upon termination:
The Client shall pay for all Services rendered up to the termination date
All obligations accrued prior to termination shall remain enforceable
10.1 Ownership, Dissolution & Client Asset Handover
All marketing campaigns, ad structures, strategies, audience frameworks, creative systems, funnels, targeting logic, copies, analytics setups, optimizations, and internal methodologies created, managed, or deployed by Dot Skale during the engagement shall remain the exclusive intellectual and operational property of Dot Skale.
Upon termination of the engagement, whether initiated by the Client or the Agency:
All campaigns or ads created and managed by Dot Skale shall be paused, dissolved, or permanently removed at the Agency’s discretion.
The Client shall not claim ownership, reuse rights, continuation rights, or internal access to such campaigns or their structures.
The Client acknowledges that these campaigns contain proprietary strategies, internal optimization logic, audience intelligence, and confidential methodologies developed by Dot Skale
Dot Skale expressly clarifies that it intends no harm, disruption, or negative impact to the Client’s ongoing business operations. This clause exists solely to protect Dot Skale’s proprietary strategies and internal frameworks.
Accordingly, upon termination:
All Client-owned digital assets shall be fully handed over, including but not limited to:
Facebook Pages, Instagram profiles
Websites, domains, and hosting access (where applicable)
Google Business Profile, Analytics, Search Console, or equivalent tools
Dot Skale shall ensure a reasonable and cooperative transition, limited strictly to asset access and ownership transfer, without sharing internal strategies, optimization logic, or proprietary campaign & ad frameworks.
This clause shall survive termination of this Agreement.
11. Indemnification
The Client agrees to indemnify and hold harmless Dot Skale from any claims, losses, damages, or liabilities arising from:
Client-provided content or materials
Violation of laws or third-party rights
Breach of these Terms by the Client
12. Governing Law & Jurisdiction
This Agreement shall be governed by the laws of Howrah High Court. Courts located in Howrah shall have exclusive jurisdiction.
13. Amendments
Dot Skale reserves the right to modify these Terms & Conditions at any time. Continued use of the Website or Services constitutes acceptance of updated terms.
14. Entire Agreement
These Terms constitute the entire agreement between the parties and supersede all prior understandings relating to the subject matter herein.