Terms of Service
Effective date: October 11, 2023
These Terms of Service (“Terms”) govern your access to and use of the website, contact forms, and services provided by Ignite Media Scaling Agency (“Ignite,” “we,” “us,” or “our”). By using our site or engaging us for services, you agree to these Terms. If you do not agree, please do not use our site or services.
1) Who we are
Ignite Media Scaling Agency
Marketing Desk, Office#17, 7th Floor, Trade Center, Hyderabad, Pakistan.
Email: hello@imsatech.net · WhatsApp: +92 319 3902636
2) Services we provide
We provide digital marketing and related services, which may include: LinkedIn and Meta (Facebook/Instagram) advertising, Google & YouTube advertising, SEO, content and landing pages, email/lifecycle, web & tracking setup, and analytics/reporting (collectively, “Services”). Service scope and deliverables are defined in a written proposal, statement of work (SOW), order form, or email confirmation (“Order”).
3) Using our site
- You must use the site lawfully and follow all applicable platform rules (e.g., LinkedIn, Meta, Google).
- You agree not to misuse forms or attempt to break, disrupt, or scrape the site.
- Content on the site is for general information and may change without notice.
4) Engagement, onboarding & access
- An engagement begins when you accept an Order in writing (including email) and, where applicable, pay any required deposit or first invoice.
- You will provide timely access to ad accounts, analytics, tag managers, websites, product feeds, brand assets, and relevant stakeholders.
- You confirm you have rights to use any data, trademarks, images, copy, or audience lists you provide.
5) Client responsibilities
- Designate a single point of contact who can give approvals within agreed timeframes.
- Provide accurate information and promptly review/approve deliverables.
- Operate your business in compliance with laws (privacy, advertising, consumer protection, industry rules), and platform policies.
- Ensure your product claims are truthful and substantiated.
6) Fees, invoicing & taxes
- Fees, billing frequency, and payment method are set in the Order. Unless stated otherwise, fees are exclusive of taxes.
- Invoices are due upon receipt and payable within the period stated on the invoice/Order. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law.
- Ad spend paid to platforms (LinkedIn/Meta/Google/etc.) is your responsibility and separate from our fees, unless expressly included.
- We may suspend work for overdue invoices after notice.
7) Changes, rush work & out-of-scope
- Minor tweaks are normal. Material scope changes, added channels, extra creative rounds, or urgent requests may require a change order and additional fees.
- If platform changes or external events require rework, we’ll discuss options and any cost impact.
8) Timelines, approvals & performance
- We will use commercially reasonable efforts to meet timelines. Dependencies (access, approvals, assets) may affect schedules.
- Marketing performance varies and is influenced by factors outside our control (market, product, pricing, landing pages, budget). We do not guarantee specific results.
9) Intellectual property
- Your materials. You retain ownership of your pre-existing content, trademarks, data, and assets. You grant us a license to use them to perform the Services.
- Our materials. We retain ownership of our pre-existing materials, templates, methods, and know-how. After full payment, you receive a non-exclusive, worldwide, royalty-free license to use final deliverables we create for you for your internal business purposes.
- Third-party assets. Stock media, fonts, and tools are subject to their own licenses.
- Portfolio use. We may reference non-confidential results (e.g., anonymized metrics, screenshots) in our portfolio or case studies, unless your Order states otherwise.
10) Data, privacy & tracking
- Each party will comply with applicable privacy laws. Our Privacy Policy explains how we handle site and contact data.
- You are responsible for your cookie banners, consent management, and privacy disclosures on your properties.
- We will implement tracking/tagging as agreed, but accuracy can be affected by user settings, browser restrictions, and platform changes.
11) Confidentiality
“Confidential Information” means non-public information disclosed by either party that is marked or reasonably understood as confidential. Each party will use the other’s Confidential Information only to perform under the Order and protect it with reasonable care. Exclusions include information that is public, already known, independently developed, or rightfully received from a third party. If required by law, a party may disclose Confidential Information after providing notice (where lawful).
12) Acceptable use & compliance
- No unlawful, deceptive, hateful, or infringing ads or content.
- No spamming; you must have proper consent for email/WhatsApp/SMS outreach.
- We may decline work that violates platform policies or law.
13) Third-party platforms & tools
Our Services may rely on third-party platforms (e.g., LinkedIn, Meta, Google, analytics tools). We do not control these services and are not responsible for outages, policy changes, or feature removals. Your use of third-party services is governed by their terms.
14) Warranties & disclaimers
- Each party warrants it has the authority to enter into these Terms.
- EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
15) Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR PAYMENT OBLIGATIONS, MISUSE OF IP, OR BREACH OF CONFIDENTIALITY, EACH PARTY’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE TO IGNITE UNDER THE APPLICABLE ORDER IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.
16) Indemnification
You will indemnify and hold Ignite and its personnel harmless from claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your content, data, or products; (b) your breach of these Terms or applicable law; or (c) your misuse of third-party rights or platforms.
17) Term, suspension & termination
- These Terms apply while you use the site and during any active Order.
- Either party may terminate an Order for material breach if not cured within 10 business days after written notice.
- Either party may terminate without cause as stated in the Order (e.g., month-to-month with notice) or, if not specified, with 30 days’ written notice.
- Upon termination, you will pay for Services performed and committed costs through the effective date. Some sections survive termination (e.g., Fees, IP, Confidentiality, Disclaimers, Liability, Indemnity, Governing Law).
- We may suspend Services for safety, legal, or non-payment reasons after notice.
18) Force majeure
Neither party is liable for delays or failure to perform due to events beyond reasonable control (e.g., outages, acts of God, war, strikes, government action), provided the affected party uses reasonable efforts to mitigate.
19) Notices
Legal notices to Ignite should be sent to hello@imsatech.net with a copy to the postal address listed above. We may send notices to the email and address you provided in your Order.
20) Governing law & disputes
These Terms are governed by the laws of the Islamic Republic of Pakistan. Courts located in the Province of Sindh (Hyderabad/Karachi) will have exclusive jurisdiction for any dispute, and both parties consent to personal jurisdiction and venue there.
21) Assignment & subcontractors
You may not assign an Order without our prior written consent (not to be unreasonably withheld). We may use vetted subcontractors; we remain responsible for their performance.
22) Changes to these Terms
We may update these Terms from time to time. The “Effective date” will be revised when changes are posted. Material changes to active Orders will be communicated directly and, where required, will take effect upon your acceptance.
23) Entire agreement; severability
These Terms together with any Order constitute the entire agreement between you and Ignite regarding the Services and supersede prior proposals or understandings. If any provision is held invalid, the remainder will continue in full force and effect.