Terms and Conditions

This Terms of Service Agreement (the “Agreement”) is between you (the “Client”) and DigiLegion, governing the provision of specific services as defined herein. This is a legally binding agreement between you and DigiLegion. By becoming a DigiLegion Client, you agree to abide by the terms and conditions set forth in this Agreement. The “Effective Date” of this Agreement will be the date on which you submit your order for Services to DigiLegion.

Services

DigiLegion will provide Services to Clients as detailed on the DigiLegion website (www.digilegion.com). This agreement overrides all previous agreements and is presented to you during sign-up for your approval. It is your responsibility to thoroughly read these terms to fully understand what you are agreeing to.

1.1 Given the nature of working with third-party platforms such as Facebook, Instagram, Twitter, Google My Business, Pinterest, and LinkedIn, we sometimes have no control over issues that may arise, such as disconnections or password changes. If you alter your password, you are required to notify DigiLegion promptly to prevent any service interruption. It is recommended to review your accounts and our work at least once a week, as well as provide us with guidance and feedback. In the event of a disconnect or an inability to access the account for posting, the client agrees not to hold DigiLegion accountable. As long as we continue creating content for your business, we are fulfilling our service as described. If we lack access to any platforms, we can compensate for any missed posts by posting twice a day until the backlog of missed posts is cleared. Missed posts due to account lockouts that are not the fault of DigiLegion do not qualify for a refund. Keep reading for information on our cancellation and refund policies.

DigiLegion Obligations

2.1 DigiLegion will provide Services to the Client following DigiLegion’s standard policies and procedures. DigiLegion retains the right to decline Clients for any reason, at DigiLegion’s sole discretion. DigiLegion will manage all aspects of providing the Services.

2.2 All DigiLegion rules, policies, and operating procedures concerning privacy, pricing, customer service, and all other service aspects will apply, and DigiLegion may modify its rules, policies, and operating procedures at its sole discretion from time to time. This includes pricing, package inclusions, and more. You may be grandfathered into an archived product if we can still offer it, but that decision lies at DigiLegion’s sole discretion.

Services, Fees, and Payment

3.1 All fees for Services rendered to the Client are due in full, payable in advance of the provision of Services. A valid credit card for 90-day payment of fees should be securely maintained on file to cover recurring charges for service.

3.2 Initial service charges must be paid in advance. Subsequently, DigiLegion will attempt to charge the Client’s credit card on the 90-day anniversary of the client’s initial order of services. Any charges not paid by the due date will lead to a suspension of Services until full payment is secured. Suspension of Services due to non-payment does not warrant a proration of fees.

3.3 Refund Policy – At DigiLegion, our commitment is to deliver services that are highly customized and creative, requiring significant time and effort. Due to the extensive resources and creativity invested in crafting and managing bespoke content, all sales are final and non-refundable. In cases where clients experience connectivity issues linking their social media channels to our platform, we recommend manually posting content, as we do not provide refunds for such issues. It’s essential to understand that payments are for the devoted time and completed work, and the outcomes of our marketing strategies are not guaranteed. Given the personalized and labor-intensive approach to our services, undoing allocated work becomes impractical, hence enforcing our no-refund policy. Our service delivery begins as soon as you have signed up and completed the questionnaire. If you do not complete the onboarding questionnaire, it does not warrant a refund. You acknowledge that DigiLegion cannot schedule and post approved content until at least one platform has been connected to our Scheduling Platform. If you are unable to connect your social media channels successfully, it does not warrant a refund, as we still create the actual content and posts for you. If connection issues cannot be resolved, you can download the posts and manually post them on your own. DigiLegion’s posting and scheduling is a free, value-add service, meaning no pro-rated refunds will be offered for issues related to this. We will, however, do our best to resolve any technical issues. For further clarification on our refund policy, please don’t hesitate to contact us.

3.4 Cancellation Policy – Cancellations at DigiLegion are self-managed through the client portal (DigiLegion Client Portal) in the ‘subscriptions’ section. A notice of at least 15 days before the next billing date is required for cancellations. No prorated refunds are issued for early cancellations, but services will continue uninterrupted for the remaining pre-paid period. All necessary communications regarding cancellations can be conveyed directly to your account manager or managed in the client portal.

3.5 Continued work on a past-due client who did not cancel will result in accrued back payments due, but we do not charge interest. We commit to maintaining precise records of all communication and work performed to justify the back payment due.

3.6 Our Services officially begin on the day you sign up, and we initiate the onboarding process, not when we make the first post. We do not charge a setup fee for this reason. This setup work and onboarding fee are included in the 90-day payment. If onboarding extends beyond 10 business days due to a delay by DigiLegion, we will adjust your billing date to ensure you receive a full 90 days of service once you are onboarded with at least one profile.

3.7 This Agreement will supersede all other agreements between the Parties on the same subject matter, including any agreements, instructions, or claims made by DigiLegion’s employees, unless a formal variance is confirmed and agreed upon by the client and executive-level management at DigiLegion, including the CEO of DigiLegion.

3.8 Posting to Multiple Platforms and Missed Posts – In case your social media pages get disconnected from our posting software, you will be automatically notified to reconnect your profiles. If you fail to reconnect your profiles, it is your responsibility, and DigiLegion will not be held liable or issue any credit or partial refunds. However, we will reschedule the posts as soon as you reconnect your pages. We advise our clients to check their social media accounts twice a week, not just to review content and provide feedback, but also to alert us of any possible disconnects so we can promptly reconnect. For this reason, if DigiLegion is creating social media posts and sending them to the client for review in any format, then we are fulfilling our contractual obligation as laid out in our terms and conditions.

3.9 Post Quality – Social media management is a highly tailored service; preferences can vary widely from one client to another. If you would like to approve social media posts before they are automatically shared on your profiles, the Content Panel must be included in your chosen plan. This feature is standard in our Social Media Posts Plans. If the Content Panel isn’t included, we will send you the posts for manual sharing.

Any typographical errors or posts shared in error will be promptly corrected, as long as you notify us immediately. However, we will not issue any credit or partial refunds for these incidents. We will make it right by replacing the content.

Confidentiality 4.1 All data and information relating to the Client, DigiLegion, and their respective operations, which are not explicitly known to the public, including, but not limited to, documentation, reports, business plans, projections, specifications, mock-ups, and the terms and conditions of this Agreement, will be kept confidential and will not be disclosed by the receiving party without the prior written consent of the disclosing party.

4.2 This Section will survive the termination of this Agreement and will remain in effect indefinitely.

Limitation of Liability 5.1 To the fullest extent permitted by law, neither DigiLegion nor its directors, officers, employees, agents, contractors, or affiliates will be liable for any indirect, special, punitive, or consequential damages (including lost profits) arising out of or relating to this Agreement, the performance of the work, services, or materials hereunder, or the conduct of you or anyone else in connection with the use of the services or the works, regardless of the form of action, whether in contract, tort, strict liability, or otherwise, even if we have been advised or are otherwise aware of the possibility of such damages.

Governing Law
6.1 This Agreement shall be governed by and interpreted in accordance with the laws of Madrid, Spain, notwithstanding its conflicts of law principles. The courts located within Madrid, Spain, shall have exclusive jurisdiction over any disputes or actions resulting from this Agreement.

Entire Agreement

7.1 This Agreement represents the full understanding between the Parties and replaces all prior agreements, discussions, and representations, whether oral or written, concerning the Services provided hereunder.

8. Amendments and Modifications
8.1 DigiLegion, reserves the unilateral right to amend, modify, or cancel this Agreement at any time and for any reason without prior notice. Changes will be communicated to the other party, and continued use of our services following any amendment constitutes acceptance of the changes.

9. Assignment
9.1 DigiLegion reserves the right to assign this Agreement without requiring the prior written consent of the other Party.

10. Waiver
10.1 No waiver by DigiLegion of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

Update 01.09.2023