Last updated: 1 October 2025
1) Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of digilinksg.com (the “Site”) and any products or services offered by Digilink Software Group FZCO (“Digilink,” “we,” “us,” or “our”). By accessing the Site, requesting a proposal, or engaging our services, you agree to be bound by these Terms and our Privacy Policy and Cookie Policy.
If you use Digilink’s services on behalf of a company, you represent that you are authorized to bind that company, and “you” refers to that company.
2) Services
We provide digital and IT solutions including (without limitation): AI-powered digital marketing, web/app development, e-commerce (Shopify) solutions, IT consultancy and managed services, computer systems & infrastructure, and network design & security (collectively, the “Services”).
Specific deliverables, timelines, service levels, and fees will be set out in a signed Proposal / Statement of Work (SOW). In case of conflict, the SOW prevails over these Terms.
3) Accounts & Access
Some Services may require an account or access to your third-party platforms (e.g., Meta, Google, TikTok, Snapchat, Shopify, hosting, analytics). You are responsible for safeguarding your credentials and for activities under your accounts. You grant us permission to access, configure, and manage such platforms as reasonably required to perform the Services.
4) Client Responsibilities
You agree to:
Provide accurate information, timely feedback, and necessary approvals.
Supply content, brand assets, and product data in a usable format and confirm you have rights to use them.
Ensure compliance with your industry rules and applicable advertising/IT policies.
Maintain appropriate backups of your data unless our SOW states we provide backup as part of Managed Services.
5) Fees, Invoicing & Taxes
Fees are stated in the applicable SOW or proposal. Unless otherwise specified:
Invoices are due [within 7/14/30] days from invoice date.
Late payments may accrue [1%–2%] interest per month and/or suspension of Services.
Fees exclude taxes, duties, or bank/FX charges, which you will bear.
Retainers and prepayments are non-refundable once work commences, except as required by law.
6) Changes & Out-of-Scope Work
Change requests outside the agreed SOW (e.g., new features, additional campaigns, emergency work) may require a written change order and additional fees. We may reasonably re-prioritize or phase delivery dates following approved changes.
7) Third-Party Services & Platforms
Our work may rely on third-party services, APIs, plugins, themes, hosting, payment gateways, app stores, and ad networks. Each third party’s terms and privacy rules apply. We are not responsible for third-party outages, policy changes, pricing, or data loss; however, we will act reasonably to mitigate impact and advise alternatives.
8) Intellectual Property
Your Materials. You retain ownership of content, trademarks, product data, and other materials you provide (“Client Materials”). You grant us a non-exclusive, worldwide license to use Client Materials solely to deliver the Services.
Deliverables. Upon full payment, and unless otherwise stated in the SOW, Digilink assigns to you the rights in final, specifically commissioned deliverables (excluding Digilink Pre-Existing IP and Open-Source/Third-Party Components).
Pre-Existing IP & Tools. Digilink retains all rights in its methodologies, software, templates, libraries, AI models/prompts, deployment scripts, know-how, and other IP used or developed to provide the Services. We grant you a non-exclusive, non-transferable, royalty-free license to use any embedded Pre-Existing IP solely as part of the delivered work.
Portfolio Use. Unless you opt out in writing, you grant us permission to reference your name/logo and non-confidential project descriptions for marketing/portfolio purposes.
9) Open Source & AI
Deliverables may include open-source software subject to their licenses. We may use AI features/tools for efficiency and insights; responsibility for final use, review, and approvals rests with you. If you restrict AI usage, notify us in writing and we will adjust scope and fees accordingly.
10) Confidentiality & Data Protection
Each party will keep the other party’s Confidential Information secure and use it only to perform the agreement. Where Digilink processes personal data on your behalf, the parties shall enter a Data Processing Addendum (DPA). We implement technical and organizational measures appropriate to the risk (see Privacy Policy).
11) Security; Managed Services
For Managed Services, our obligations, monitoring windows, response targets, backup cycles, and maintenance windows are described in the SOW/SLA. No system is completely secure; you remain responsible for your internal policies, user behavior, and compliance requirements unless explicitly delegated to us in writing.
12) Acceptable Use
You agree not to use the Site or Services to:
(a) violate laws or third-party rights; (b) transmit malware, SPAM, or illegal content; (c) test or breach security without authorization; (d) misrepresent or mislead; (e) infringe IP; (f) perform high-risk or prohibited advertising practices on media platforms.
13) Warranties & Disclaimers
We warrant that we will perform the Services with reasonable skill and care consistent with industry standards. EXCEPT AS EXPRESSLY SET OUT, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). We do not warrant uninterrupted or error-free operation, third-party performance, or specific business results.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIGILINK AND ITS OFFICERS/EMPLOYEES WILL NOT BE LIABLE FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; (C) BUSINESS INTERRUPTION; EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO DIGILINK IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR AED [amount] FOR SITE-ONLY USE).
15) Indemnity
You will indemnify and hold harmless Digilink from claims, damages, and costs arising out of (i) your Client Materials, instructions, or misuse of the Services; (ii) your breach of these Terms; or (iii) your violation of applicable laws or third-party rights.
16) Term, Suspension & Termination
These Terms apply while you use the Site and for any active SOW. Either party may terminate an SOW for material breach not cured within [10/30] days’ notice. We may suspend or terminate access for non-payment, suspected fraud, security risk, or legal requirement. Upon termination, you will pay for Services performed and expenses incurred up to the effective date.
17) Force Majeure
Neither party is liable for delay or failure caused by events beyond reasonable control (e.g., natural disasters, government actions, wars, strikes, widespread cloud/provider outages, or internet failures).
18) Changes to the Terms
We may update these Terms from time to time. The “Last updated” date reflects the latest version. Material changes will be posted on the Site; continued use after changes constitutes acceptance.
19) Governing Law & Dispute Resolution
These Terms and any dispute arising out of or relating to them will be governed by the laws of [UAE Federal Law / Dubai] without regard to conflict-of-laws rules.
Forum: [Exclusive jurisdiction of the courts of Dubai / DIFC Courts] or [binding arbitration under DIAC Rules in Dubai]. Each party irrevocably submits to the chosen forum.
20) Notices
Legal notices must be sent by email and courier to:
Digilink Software Group FZCO – FZCO, DSO-IFZA, Dubai Silicon Oasis, Dubai, United Arab Emirates
Email: [legal@digilinksg.com]
Notices to you will be sent to the contact details you provide.
21) Miscellaneous
Independent Contractors. The parties are independent; no partnership, agency, or employment is created.
Assignment. You may not assign or transfer your rights without our prior written consent; we may assign to an affiliate or in connection with a reorganization.
Subcontracting. We may use vetted subcontractors; we remain responsible for their performance.
Severability. If a provision is unenforceable, the remainder remains in effect.
Entire Agreement. These Terms, together with the SOW and policies referenced herein, constitute the entire agreement and supersede prior discussions.
No Waiver. Failure to enforce a provision is not a waiver.
Contact
If you have questions about these Terms, contact:
Digilink Software Group FZCO
FZCO, DSO-IFZA, Dubai Silicon Oasis, Dubai, United Arab Emirates
Email: legal@digilinksg.com