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TERMS AND CONDITIONS

Effective Date: May 30, 2026

Welcome to PH Digimark. These Terms and Conditions govern your access to and use of our website, landing pages, digital platforms, online forms, resources, consultations, proposals, and services. By using our website, submitting your information, requesting a proposal, booking a consultation, or engaging our services, you agree to be bound by these Terms and Conditions.

If you do not agree with these Terms, please discontinue the use of this website and our online services.

1. About PH Digimark

PH Digimark is a digital marketing agency that provides website design and development, social media marketing, online advertising, SEO, email marketing, sales funnels, business process automation, branding, graphics design, video production, content creation, and related digital solutions.

Our website is intended to provide general information about our services, resources, offers, and ways to connect with our team.

2. Use of Our Website

You agree to use this website only for lawful, proper, and intended purposes. You must not use this website in any way that may damage, disable, overload, impair, or interfere with its normal operation.

You agree not to:

     

      • Use the website for fraudulent, misleading, abusive, or unlawful activities

      • Attempt to gain unauthorized access to our website, systems, servers, or accounts

      • Upload or transmit malicious code, viruses, spam, or harmful materials

      • Copy, reproduce, scrape, or misuse website content without permission

      • Misrepresent your identity, business, authority, or affiliation

      • Use our website or materials to infringe on the rights of PH Digimark or any third party

    3. Website Information and Content

    The information on this website is provided for general informational and business purposes only. While we aim to keep the content accurate and updated, we do not guarantee that all information will always be complete, current, or error-free.

    We may update, modify, remove, or replace website content at any time without prior notice.

    4. Service Inquiries and Consultations

    When you submit an inquiry, book a consultation, or request a proposal, you agree to provide accurate, complete, and updated information. PH Digimark may use the information you provide to evaluate your needs, recommend services, prepare quotations, communicate with you, and manage potential or active client engagements.

    Submitting an inquiry or booking a consultation does not automatically create a client-agency relationship unless both parties agree to proceed through an accepted proposal, signed agreement, paid invoice, or other confirmed engagement.

    5. Proposals, Quotations, and Service Agreements

    Any proposal, quotation, scope of work, contract, invoice, or service agreement issued by PH Digimark will contain the specific terms for that engagement, including deliverables, timelines, payment terms, inclusions, exclusions, and other project-specific conditions.

    If there is any conflict between these website Terms and a signed agreement or approved proposal, the signed agreement or approved proposal shall prevail for that specific engagement.

    6. Pricing and Payment Terms

    Prices, packages, and service fees shown on our website, proposals, or marketing materials may change without prior notice unless already confirmed in an accepted proposal or signed agreement.

    Payment terms will be stated in the relevant invoice, quotation, proposal, or agreement. Unless otherwise agreed in writing, work may only begin after the required initial payment, deposit, or project confirmation has been received.

    Delayed payments may result in delayed work, paused services, restricted access to deliverables, or suspension of ongoing support until the account is settled.

    7. Client Responsibilities

    To help us deliver work efficiently, you agree to provide the necessary materials, information, approvals, access credentials, brand assets, content, images, videos, business details, and feedback within the agreed timeline.

    Your responsibilities may include, but are not limited to:

       

        • Providing accurate business, product, service, and contact information

        • Supplying logos, brand guidelines, images, videos, and other approved materials

        • Reviewing drafts, mockups, content, reports, and deliverables within agreed timeframes

        • Securing permissions for materials, photos, videos, trademarks, music, or third-party assets you provide

        • Granting access to required platforms such as websites, hosting, domains, social media accounts, CRMs, email platforms, or ad accounts

        • Ensuring that your business claims, offers, pricing, licenses, certifications, and legal statements are truthful and compliant

      Delays in providing required materials, access, feedback, or approvals may affect project timelines and delivery schedules.

      8. Revisions, Approvals, and Changes

      Revisions included in a service will be defined in the applicable proposal, quotation, or agreement. Additional revisions, new requests, changes in direction, or work outside the approved scope may be subject to additional fees and adjusted timelines.

      Once you approve a design, content, campaign, website page, video, automation, or other deliverable, changes requested after approval may be treated as additional work unless the change is due to an error on our part.

      9. Project Timelines

      Project timelines are estimates based on the agreed scope, client cooperation, availability of materials, third-party platform performance, and timely approvals. PH Digimark will make reasonable efforts to meet agreed deadlines, but we are not responsible for delays caused by incomplete client materials, delayed feedback, third-party platforms, technical issues, force majeure events, or factors beyond our reasonable control.

      10. Third-Party Platforms and Tools

      Our services may involve third-party platforms, software, plugins, applications, hosting providers, analytics tools, advertising platforms, automation tools, CRM systems, payment processors, email platforms, social media platforms, or other technology providers.

      These third-party platforms are governed by their own terms, policies, pricing, limitations, and availability. PH Digimark is not responsible for outages, changes, errors, restrictions, account suspensions, price changes, policy updates, or technical limitations caused by third-party providers.

      11. Advertising, SEO, and Marketing Results

      PH Digimark provides strategy, implementation, optimization, and support to improve your digital presence and marketing performance. However, we do not guarantee specific rankings, sales, leads, revenue, engagement, approvals, or campaign results.

      Actual results may vary depending on your market, offer, budget, audience, competition, platform policies, website quality, sales process, product-market fit, and other internal or external factors.

      12. Artificial Intelligence and Automation Tools

      PH Digimark may use AI-assisted tools, automation systems, content planning platforms, analytics tools, and other digital technologies to improve efficiency, creativity, reporting, and service delivery.

      AI-assisted outputs may still require human review, strategic direction, fact-checking, editing, and approval. You are responsible for reviewing and approving final materials before publication, distribution, or implementation.

      13. Intellectual Property

      Unless otherwise stated in a signed agreement, all website content, branding materials, strategies, layouts, designs, graphics, videos, written content, systems, processes, templates, documents, and other materials created by PH Digimark remain the property of PH Digimark until full payment has been received.

      Upon full payment, ownership or usage rights for final approved deliverables may be transferred or licensed to you based on the specific terms of the proposal or agreement. PH Digimark may retain rights to internal methods, templates, workflows, source concepts, unused drafts, preliminary designs, strategic frameworks, and reusable systems developed before or during the engagement.

      You confirm that any materials you provide to PH Digimark do not infringe on the rights of any third party and that you have the necessary permissions, licenses, or ownership rights to use them.

      14. Portfolio and Case Study Use

      Unless otherwise agreed in writing, PH Digimark may display completed work, project summaries, non-confidential results, testimonials, screenshots, designs, videos, campaign samples, or brand materials in our portfolio, website, proposals, presentations, social media, and marketing materials.

      If your project involves confidential, sensitive, or private information, you may request written restrictions on portfolio or case study use.

      15. Confidentiality

      Both PH Digimark and the client agree to handle confidential business information with reasonable care. Confidential information may include business strategies, login credentials, customer data, internal documents, financial information, campaign data, unpublished materials, and proprietary processes.

      Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully obtained from another source, or required to be disclosed by law.

      16. Privacy and Data Protection

      Your use of our website and services may involve the collection and processing of personal information. Our handling of personal data is governed by our Privacy Policy.

      Please review our Privacy Policy to understand how we collect, use, store, disclose, and protect personal information.

      17. Website Links and External Resources

      Our website may contain links to third-party websites, platforms, resources, tools, or services. These links are provided for convenience only. PH Digimark does not control and is not responsible for the content, security, availability, policies, or practices of third-party websites.

      18. Cancellations, Pauses, and Refunds

      Cancellation, project pause, and refund terms will depend on the nature of the service and the terms stated in the applicable proposal, invoice, or agreement.

      Unless otherwise agreed in writing, fees already paid may be non-refundable once work has started, resources have been allocated, third-party costs have been incurred, or deliverables have been partially or fully completed.

      Any approved refund, credit, or adjustment will be evaluated based on the actual work completed, expenses incurred, project status, and applicable consumer protection laws.

      19. Service Suspension or Termination

      PH Digimark may suspend or terminate access to services, deliverables, platforms, or support if you violate these Terms, fail to pay agreed fees, misuse our services, provide false information, engage in abusive conduct, request unlawful work, or breach any applicable agreement.

      We may also decline or discontinue work that involves illegal, deceptive, harmful, discriminatory, exploitative, or unethical activities.

      20. Limitation of Liability

      To the fullest extent permitted by law, PH Digimark shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of data, business interruption, reputational damage, or missed opportunities arising from your use of our website, services, deliverables, or third-party platforms.

      Our total liability for any claim related to a specific service shall not exceed the amount actually paid to PH Digimark for that specific service, unless otherwise required by applicable law.

      21. Indemnification

      You agree to indemnify and hold harmless PH Digimark, its directors, officers, employees, contractors, consultants, partners, and affiliates from any claims, damages, liabilities, losses, costs, or expenses arising from your misuse of our website or services, violation of these Terms, breach of any agreement, infringement of third-party rights, unlawful business practices, or materials and information you provide to us.

      22. Force Majeure

      PH Digimark shall not be liable for delays or failure to perform obligations caused by events beyond our reasonable control, including natural disasters, power interruptions, internet outages, platform failures, cyber incidents, government actions, labor disruptions, public health emergencies, war, civil unrest, or other force majeure events.

      23. Electronic Communications and Transactions

      You agree that communications, approvals, proposals, invoices, agreements, notices, and other transactions may be conducted electronically through email, online forms, messaging platforms, e-signature tools, project management systems, CRM systems, or other digital channels.

      Electronic communications and records may be used to confirm instructions, approvals, acceptance of proposals, project decisions, and business transactions where legally allowed.

      24. Governing Law and Dispute Resolution

      These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of the Philippines.

      In the event of a dispute, both parties agree to first attempt to resolve the matter through good-faith discussion and negotiation. If no resolution is reached, the dispute may be submitted to the proper courts or authorities in accordance with applicable Philippine laws.

      25. Changes to These Terms

      PH Digimark may update or revise these Terms and Conditions from time to time. Updates will be posted on this page with the revised effective date. Your continued use of our website or services after any changes means you accept the updated Terms.

      26. Contact Information

      If you have questions, concerns, or requests regarding these Terms and Conditions, you may contact us:

      PH Digimark, Inc.
      WVSU BINHI TBI Building,
      West Visayas State University
      La Paz, Iloilo City, Philippines

      Contact us HERE

      Website: https://www.phdigimark.com

      By using this website, submitting information, requesting a proposal, booking a consultation, or engaging our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

      Send us a Message

      Thank you for your interest in PH Digimark. Please send us a message about your concern so an appropriate member of our team can address it properly. We can’t wait to hear from you.

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