Terms of Service

Welcome to Digital Xceeded

Thank you for choosing Digital Xceeded as your digital partner. These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Digital Xceeded ("Company," "we," "us," or "our").

1. Services Overview

Digital Xceeded provides integrated digital services across four core pillars:

Service Delivery Standards

All services are delivered with:

• Professional Excellence: Industry best practices and quality standards
• Transparent Communication: Regular updates and clear progress reporting
• Collaborative Approach: Active partnership with your team throughout
• Results Focus: Measurable outcomes aligned with your objectives

2. Engagement Terms

Project Initiation

Each engagement begins with:

• Discovery Session: Understanding your needs, goals, and constraints
• Proposal Document: Detailed scope, deliverables, timeline, and investment
• Statement of Work (SOW): Formal agreement outlining specific project parameters
• Kickoff Meeting: Alignment on expectations, communication protocols, and milestones

Engagement Models

Timeline & Milestones

Project timelines are established in the SOW. We commit to:

• Providing realistic timeline estimates based on scope complexity
• Communicating any potential delays promptly
• Delivering milestone updates as agreed
• Accommodating reasonable schedule adjustments with proper notice

3. Payment Terms

Pricing & Invoicing

• Quotes: All pricing is provided in writing and valid for 30 days
• Currency: Invoices are issued in USD, EUR, GBP, or local currency as agreed
• Taxes: Prices exclude applicable taxes unless otherwise stated
• Changes: Scope changes may affect pricing (Change Request process applies)

Payment Schedule

Alternative payment structures (milestone-based, monthly, etc.) can be arranged for larger engagements.

Payment Methods

We accept:

• Bank transfer (preferred for international payments)
• Credit/Debit cards (Visa, Mastercard, American Express)
• PayPal for smaller transactions
• Mobile money (M-Pesa, MTN MoMo) for African clients

Late Payments

Payment is due within 14 days of invoice date. Late payments may result in:

• Work suspension until payment is received
• Late fee of 1.5% per month on outstanding balances
• Termination of ongoing services after 30 days overdue

4. Intellectual Property

Ownership Rights

Third-Party Assets

Projects may include licensed third-party elements:

• Stock Media: Licensed images, videos, or audio (licenses transferred where applicable)
• Fonts: Typefaces requiring separate licensing for commercial use
• Software: Third-party plugins, integrations, or platforms with their own terms

We will clearly identify any third-party elements and associated licensing requirements.

Portfolio Rights

Unless confidentiality is agreed in writing, we reserve the right to:

• Feature completed work in our portfolio and case studies
• Share project details on social media and marketing materials
• Submit work for industry awards and recognition

5. Client Obligations

Successful project delivery requires your active participation. You agree to:

Feedback & Revisions

• Each deliverable includes revision rounds as specified in SOW (typically 2-3 rounds)
• Feedback should be consolidated, clear, and actionable
• Additional revisions beyond scope may incur extra charges
• Approval signifies acceptance of deliverables as final

6. Limitations & Liability

Performance Disclaimer

While we employ best practices and proven methodologies:

• We cannot guarantee specific business outcomes (revenue, rankings, conversion rates)
• Results depend on various factors including market conditions, implementation, and ongoing maintenance
• Past performance on similar projects does not guarantee future results

Limitation of Liability

To the maximum extent permitted by applicable law:

• Our liability is limited to the fees paid for the specific services in question
• We are not liable for indirect, incidental, or consequential damages
• We are not responsible for losses due to factors outside our control

Indemnification

You agree to indemnify and hold Digital Xceeded harmless from claims arising from:

• Materials or content you provide that infringe third-party rights
• Your use of deliverables in ways not intended or agreed
• Violation of applicable laws through your use of our services

7. Confidentiality

Both parties agree to maintain confidentiality of sensitive information shared during the engagement:

• Scope: Business strategies, financial data, proprietary processes, and technical information
• Duration: Confidentiality obligations survive termination for 2 years
• Exceptions: Information that becomes public, was previously known, or is required by law
• NDA: Separate Non-Disclosure Agreements available upon request for highly sensitive projects

8. Termination

By Client

• You may terminate with 14 days written notice
• Payment due for all work completed up to termination date
• Deposit is non-refundable but may be applied to future projects within 12 months

By Digital Xceeded

• We may terminate for material breach (after 7 days notice to cure)
• We may terminate for non-payment after 30 days overdue
• All completed work will be delivered upon payment of outstanding fees

Effect of Termination

• All licenses and rights granted under these Terms terminate
• Client receives completed deliverables upon payment
• Confidentiality and IP provisions survive termination

9. Dispute Resolution

In the event of a dispute, we commit to good-faith resolution:

Governing Law: These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to conflict of law principles.

10. Modifications & General

Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or website notice. Continued use of services after changes constitutes acceptance.

Severability

If any provision is found unenforceable, the remaining provisions continue in full force and effect.

Entire Agreement

These Terms, together with SOW and any amendments, constitute the entire agreement between parties, superseding all prior communications.

Waiver

Failure to enforce any provision does not constitute waiver of the right to enforce it later.