Terms of Service

Terms of Service.

Last updated: November 05, 2021

If you would like to request a printable version or have any questions regarding our terms of service, please contact us at hello@attention.digital or request one online at https://attention.digital/talk.

This agreement establishes the professional partnership between your company/organization “you” or “client” and Attention Digital “we/us” or “agency”. The purpose of this agreement is to serve as protection for both parties and establish reasonable expectations for the services provided.

By entering into this partnership you agree to provide the necessary assets & information we require to complete the services requested, provide feedback & approval in a timely manner, and if any issues or conflicts arise, you will communicate your concerns with us and allow a reasonable amount of time to make things right.

We agree to use our knowledge and experience to provide the required services to the best of our abilities. We will complete all tasks in a professional and timely manner while maintaining the confidentiality and level of communication to maintain your complete satisfaction.

1. Terms of agreement

The terminology “month-to-month” or “no contract” refers to Attention Digital not requiring any term length commitments for any services. You can upgrade, downgrade, or cancel services at any time.

Refunds will not be granted for services already provided after the full billing cycle (1-month) has passed.

Some services reasonably expect a minimum of 2-4 months to achieve the desired results. We simply ask that you maintain the expectation that results may take time to achieve and your cooperation and involvement will impact the timeline and quality of the services. Neither party can transfer the services agreement to anyone else without the other’s permission.

2. Authorization

You agree to give us access to all tools, software, websites, social media, landing pages, accounts, etc. that are needed to provide the services requested. Attention Digital will make our best effort to secure and protect all login credentials.

Only authorized representatives of Attention Digital will be allowed access to passwords and only on an as-needed basis.

3. Media & content

You agree to provide all media and content we require to provide services – such as but not limited to – logos, images, videos, text, graphics, and articles.

Delays in providing content can result in delays in project or service timelines.

4. Performance liability

Attention Digital makes no guarantee on the results that may be provided as a result of our work. Our purpose is to help you improve. This could be improving your brand, online presence, digital processes, or increasing exposure. We cannot control the independent platforms online such as social media networks and we cannot control the individual behaviors of the people who view your website, pages/profiles, or content. We cannot guarantee sales or revenues by our actions alone as there are many other variables that will contribute to how effective our services are.

In no event will Attention Digital be liable to the client or any third party for any damages, including any lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these digital marketing services or website(s), even if we have been advised of the possibility of such damages.

5. Errors

6. Tools & software

We use a diverse and comprehensive arrangement of digital tools & software to provide digital marketing services. We do not require additional payment for the use of our tools or software but if services are downgraded or canceled, the connections or integrations may be interrupted on your website, social media, analytics platforms, or other places integrations or connections have been established. We will provide notice if any of these essential connections will be interrupted.

7. Media vendors

Attention Digital has the right to utilize freelancers and our vetted & qualified network of partner agencies to complete or support the completion of the services. Attention Digital selects vendors at its sole discretion and is responsible for all costs associated with the vendors, unless the cost is provided to the client, and the client agrees to pay said cost.

8. Copyrights & trademarks

You guarantee that any elements of text, graphics, videos, photos, content, designs, trademarks, or other artwork provided to us are owned by you or that you have permission from the rightful owner to use each of these elements. You agree to hold harmless, protect, and defend Attention Digital from any claim or suit arising from the use of such elements provided by you.

9. Ownership

You retain the rights to all deliverables that are not marked as property of Attention Digital. We agree to provide full ownership & lifetime license for completed designs provided to you within the scope of our agreement.

We acknowledge that the work is being created by our Agency for your use and that each form of the work is being created by our Agency as a “work made for hire” under the United States Copyright Act and, upon project completion, the work will become and remain the sole and exclusive property of the Client. At your sole, absolute and unfettered discretion, you may make any changes in, deletions from, or additions to the work.

Free concept designs

Attention Digital offers a number of free initial designs for websites, logos, and other graphic design projects. Free initial concepts for all design projects remain under the ownership of Attention Digital. Free initial concept designs are to show our capabilities and possible avenues we can explore within a design project. Items that are not specifically transferred to the client will remain the property of the respective owners.

10. Work credit

You agree to allow Attention Digital to use your name and specific works for our promotions, online portfolio, client lists, on social media, and in advertising for Attention Digital’s services to other companies/organizations.

If you would like your projects or our partnership to not be featured in any way, please provide written notice prior to our services or projects beginning. We are happy to review and agree to an NDA if needed which would override this clause of our terms.

11. Non-disclosure

Attention Digital, its employees, and partners agree that, except as directed by the client, it will not at any time during or after the term of this agreement disclose any non-public confidential information to any person whatsoever. Likewise, the client agrees that it will not convey any non-public confidential information obtained about Attention Digital to another party.

If your organization requires a more robust NDA agreement in place prior to working together, please send it to us for review and signature prior to our services or project start date.

12. Indemnity

The client does hereby expressly agree to indemnify and hold harmless Attention Digital LLC, it’s owners, officers, employees and partners against all suits, actions, claims, demands, or costs of any kind to which they may be subject arising or resulting at any time or place from anything done or omitted to be done by them in connection with this agreement, amendments to this agreement, or our partnership.

13. Excusable delays

Non-performance by either party hereunder, other than an obligation to pay money, shall be excused to the extent that performance is rendered impossible by failure of suppliers and digital partners, strike, fire, flood, governmental acts, orders or restrictions, acts of God, or any other reason to the extent that the failure to perform is beyond the control of the non-performing party.

14. Payment

All monetary amounts are in USD (U.S. Dollars). You agree to pay us on a monthly recurring basis or as a one-time project cost, in some cases at predetermined milestones. We maintain the right to allow or disallow payment via manual invoicing or check. Attention Digital uses Stripe for payment processing. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry.

One-time projects

Payment is required either after the final approved designs are delivered or after the predetermined milestones are reached. At that time, we will electronically send an invoice to your email where you can securely enter your payment information and pay your invoice. After the first payment is captured, you have the option to allow us to run your card on your behalf or pay via email invoice each time for future payments – if applicable.

Monthly recurring services

For ongoing monthly marketing services, we require a credit or debit card on file that is set up for automatically recurring payments. Card details must be provided during the initial onboarding & sign-up process.

your card will be charged on the same date each month. This date will be referred to as your “billing date”. Your “billing cycle” is the series of days between billing dates. Changes to the services that affect your monthly rate will be prorated or added to your upcoming billing date to maintain consistency and clarity. If possible, we request you make changes effective on your billing date for the easiest transition.

If no issues are identified with the services provided at the start of a new billing cycle, the amount paid for services to that point cannot be refunded. If there is an issue with the services that we are unable to resolve within a reasonable amount of time and you decide to terminate services with us, you may request a refund that months services amount for the current billing cycle.

If your credit or debit card is declined or canceled, you will be determined in default, and services will stop immediately. You must notify us if there any changes to your credit or debit card during the duration you are receiving our services.

15. Termination

Both parties maintain the right to terminate this agreement at any time without providing prior notice. We ask that the client communicates in advance any issues or concerns to allow us a reasonable amount of time to rectify the situation prior to termination. While notice is not required, both parties agree to make their best attempt to provide advanced notice of termination if possible as a professional courtesy.

15. eSignature

In accordance with the Electronic Signatures in Global and National Commerce Act (E-Sign Act), the electronic signature of our agreements by both parties is considered legally binding. Additionally, both parties agree that the electronic signature of our agreements are acceptable, legal, and legally binding.

17. Lawfulness

You may only use our services for lawful purposes. Transmission of any material in violation of any Federal, State, or Local regulation is prohibited. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Indiana without regard to such state’s principles of conflicts of law.