ATLASY

Terms of service

Terms of Service for ATLASY

Effective Date: [01/02/2024]

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and ATLASY Digital Ltd (“ATLASY,” “we,” “us,” or “our”), governing your access to and use of our website located at https://atlasyltd.space (the “Site”) and our digital marketing services (the “Services”).

By accessing our Site, contacting us for Services, or signing a Service Agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access the Site or use our Services.

2. Our Services

ATLASY provides strategic digital marketing services, which may include but are not limited to: Google Ads management, Search Engine Optimization (SEO), social media advertising, website development, and conversion rate optimization (collectively, the “Services”).

All Services will be outlined in a separate written Service Agreement or Statement of Work (“SOW”), which will specify deliverables, timelines, fees, and other key terms. In the event of any conflict between these Terms and a signed Service Agreement/SOW, the Service Agreement/SOW shall prevail.

3. Client Responsibilities

To enable us to perform the Services effectively, you agree to:

  • Provide accurate, complete, and current information necessary for the project.
  • Designate a single point of contact for approvals and communication.
  • Provide timely feedback and approvals for deliverables as outlined in the SOW.
  • Secure and maintain any necessary licenses for brand assets, software, or content you provide.
  • Ensure you have the legal right to use any website domain, hosting, or advertising accounts submitted for management.

4. Fees & Payment Terms

  • Fees: All fees for Services will be specified in your Service Agreement/SOW. Fees are quoted in British Pounds (GBP) unless otherwise stated.
  • Payment Schedule: For retainer services, fees are typically billed monthly in advance. Project-based fees follow a schedule outlined in the SOW (e.g., 50% upfront, 50% upon completion).
  • Late Payments: Invoices are due net 14 days from the invoice date. Late payments may be subject to interest charges of 1.5% per month or the maximum rate allowed by law. We reserve the right to pause Services for accounts 30+ days past due.
  • Ad Spend: Unless otherwise stated, all advertising spend budgets (funds paid directly to platforms like Google or Meta) are the Client’s responsibility and are separate from ATLASY’s management fees.

5. Intellectual Property Rights

  • Client Materials: You retain all ownership of your pre-existing brand assets, trademarks, website content, and data (“Client Materials”).
  • ATLASY Deliverables: Upon full payment of all fees, we grant you a perpetual, non-exclusive license to use the final deliverables (e.g., campaign strategies, reports, developed website code) created specifically for you under the SOW.
  • Our IP: We retain all ownership of our proprietary methodologies, tools, templates, know-how, and pre-existing materials (“ATLASY IP”). You are granted a limited license to use ATLASY IP only as part of the delivered Services.
  • Third-Party Tools: Some Services may utilize third-party platforms (e.g., Google Analytics, Ahrefs). Their use is subject to their respective terms.

6. Confidentiality

Both parties agree to hold each other’s confidential information in strict confidence and not to disclose it to any third party, except as required by law or to perform the Services. Confidential information includes business plans, customer lists, pricing, and proprietary techniques.

7. Disclaimer & Limitation of Liability

  • No Guarantees: We use our expertise to deliver Services to the highest standard. However, we do not guarantee specific results, such as #1 Google rankings, a specific number of leads, or a particular return on ad spend (ROAS). Digital marketing performance is influenced by numerous external factors beyond our control, including market competition, algorithm changes, and economic conditions.
  • Limitation of Liability: To the fullest extent permitted by law, ATLASY’s total liability to you for any claim arising from these Terms or the Services shall be limited to the total fees you paid to us in the six (6) months preceding the event giving rise to the claim. In no event shall we be liable for any indirect, consequential, incidental, or punitive damages.

8. Term & Termination

  • Term: These Terms remain in effect while you use the Site or Services. Service-specific terms are defined in the Service Agreement/SOW.
  • Termination for Cause: Either party may terminate a Service Agreement/SOW for material breach if the other party fails to cure the breach within 30 days of written notice.
  • Effects of Termination: Upon termination, you must pay for all Services rendered up to the termination date. We will provide a final report and, where applicable, assist with transferring account access as outlined in the SOW.

9. Data Protection

Both parties agree to comply with all applicable data protection laws. Our handling of personal data is governed by our Privacy Policy. When processing personal data on your behalf as a data processor, the terms of a separate Data Processing Agreement (DPA) shall apply.

10. General Provisions

  • Independent Contractors: Our relationship is that of independent contractors. Nothing creates a partnership, joint venture, or employment relationship.
  • Governing Law & Jurisdiction: These Terms shall be governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
  • Severability: If any provision of these Terms is held to be invalid, the remaining provisions will remain in full force.
  • Updates: We may revise these Terms at any time. The updated version will be posted on our Site, and continued use of our Services constitutes acceptance.

11. Contact Information

For questions about these Terms, please contact us at:

ATLASY Digital Ltd
Email: legal@atlasyltd.space