Terms and Conditions
Introduction
These Terms and Conditions (“Terms”) govern the relationship between Affluent Digital, a division of Demand Studio LLC, (“we,” “us,” or “our”) and you, our client (“you,” “your,” or “Client”). By engaging our services, you agree to these Terms and all associated policies and disclaimers.
Disclaimer of Warranties: All services are provided on an “as is” and “as available” basis. Affluent Digital does not guarantee specific results, and the Client agrees to accept all risks associated with the services rendered.
1. Legal Entity:
All services provided under the name Affluent Digital are conducted by Demand Studio LLC, a Delaware-based company. ‘Affluent Digital’ is a trade name and does not represent a separate legal entity. Any references to Affluent Digital in this agreement should be understood as referring to Demand Studio LLC.”**
2. Scope of Services
Service Description: Affluent Digital offers outbound lead generation, sales optimization, and related services tailored to Client needs.
No Guarantee of Results: The effectiveness of campaigns, including lead quality or conversion rates, cannot be guaranteed and is influenced by variables beyond our control.
3. Client Responsibilities
Full Responsibility for Compliance: The Client assumes complete responsibility for:
Data Legality: Ensuring all provided data, including contact lists and leads, comply with applicable laws such as GDPR, CAN-SPAM, CCPA, and other regional regulations.
Approval of Content: Reviewing and approving all campaign materials before dissemination.
Marketing Compliance: Adhering to all local, regional, and industry-specific regulations.
4. Liability Limitations
Affluent Digital assumes no liability for:
Regulatory or Legal Issues: Any penalties, fines, or claims arising from non-compliance with legal obligations.
External Factors: Platform policy changes, third-party tool limitations, or economic conditions affecting campaign performance.
Indirect Damages: Loss of profits, revenue, or business opportunities resulting from the use of our services.
Force Majeure: We are not liable for delays or failures caused by events beyond our control, including natural disasters, cyberattacks, or regulatory changes.
5. Indemnification
The Client agrees to defend, indemnify, and hold harmless Affluent Digital and its representatives from any claims, liabilities, or damages, including:
• Non-compliance with laws or regulations by the Client.
• Data protection breaches resulting from Client-provided materials.
• Claims arising from the use of outreach tools or third-party platforms.
6. Data Processing and Privacy
Data Controller Role: The Client remains the data controller and is solely responsible for compliance with GDPR and other regulations. Affluent Digital acts only as a data processor.
Data Security: While we use GDPR-compliant tools, we assume no liability for data breaches caused by third parties or Client-provided tools.
Data Storage: Client data will be retained only for the duration of the engagement and deleted upon request, unless legal retention periods apply.
7. Payment Terms
Advance Payments: All services require payment upfront. Failure to make timely payments may result in suspension of services.
Non-Refundable Fees: Fees for services rendered are non-refundable, even if campaigns do not achieve the desired results.
8. Contract Term and Termination
Minimum Term: The initial term is three months, with automatic renewal unless terminated with 30 days’ notice before the end of the current term.
Early Termination: No refunds are provided for early termination by the Client.
9. Confidentiality
Protection of Information: Both parties agree to maintain confidentiality regarding proprietary or sensitive information shared during the engagement.
Anonymized Data: Affluent Digital may use anonymized campaign data for internal purposes, including case studies and marketing.
10. Platform-Specific Usage
The Client agrees to provide access credentials to required platforms (e.g., LinkedIn, email tools). The Client remains responsible for ensuring compliance with these platforms’ terms of use.
11. Dispute Resolution
Negotiation: Both parties agree to attempt resolution through negotiation before pursuing formal action.
Arbitration: Any disputes will be resolved through binding arbitration in Delaware, United States.
Governing Law: These Terms are governed by the laws of the State of Delaware, excluding its conflict of law provisions.
12. Marketing and Promotional Use
Consent for Use of Results and Testimonials:
By entering into an agreement with Affluent Digital, the client grants explicit and irrevocable consent for Affluent Digital to use any results, achievements, case studies, testimonials (including but not limited to written reviews, verbal endorsements, and video content), and other deliverables generated during the collaboration for marketing and promotional purposes. This includes, but is not limited to, usage on websites, social media platforms, presentations, case studies, and other promotional materials.
Non-Anonymized Use:
The client acknowledges that such use will not be anonymized unless a written request is submitted to Affluent Digital prior to publication.
Right to Revoke:
The client may revoke this consent in writing at any time for future publications. However, such revocation does not affect materials already published prior to the withdrawal of consent.
No Compensation:
The client agrees that no financial or other compensation will be owed for the use of such materials in marketing or promotional activities.
13. General Disclaimer
Affluent Digital reserves the right to modify services, tools, or methods without notice, provided these changes do not materially affect the agreed deliverables.
14. Intellectual Property
All materials and templates created by Affluent Digital remain our intellectual property and may not be shared, reproduced, or modified without written consent.
15. Client Acknowledgment
By engaging Affluent Digital, the Client acknowledges that:
Affluent Digital does not act as a legal advisor.
Campaign success depends on multiple external factors, including market conditions and platform policies.
Introduction
These Terms and Conditions (“Terms”) govern the relationship between Affluent Digital, a division of Demand Studio LLC, (“we,” “us,” or “our”) and you, our client (“you,” “your,” or “Client”). By engaging our services, you agree to these Terms and all associated policies and disclaimers.
Disclaimer of Warranties: All services are provided on an “as is” and “as available” basis. Affluent Digital does not guarantee specific results, and the Client agrees to accept all risks associated with the services rendered.
1. Legal Entity:
All services provided under the name Affluent Digital are conducted by Demand Studio LLC, a Delaware-based company. ‘Affluent Digital’ is a trade name and does not represent a separate legal entity. Any references to Affluent Digital in this agreement should be understood as referring to Demand Studio LLC.”**
2. Scope of Services
Service Description: Affluent Digital offers outbound lead generation, sales optimization, and related services tailored to Client needs.
No Guarantee of Results: The effectiveness of campaigns, including lead quality or conversion rates, cannot be guaranteed and is influenced by variables beyond our control.
3. Client Responsibilities
Full Responsibility for Compliance: The Client assumes complete responsibility for:
Data Legality: Ensuring all provided data, including contact lists and leads, comply with applicable laws such as GDPR, CAN-SPAM, CCPA, and other regional regulations.
Approval of Content: Reviewing and approving all campaign materials before dissemination.
Marketing Compliance: Adhering to all local, regional, and industry-specific regulations.
4. Liability Limitations
Affluent Digital assumes no liability for:
Regulatory or Legal Issues: Any penalties, fines, or claims arising from non-compliance with legal obligations.
External Factors: Platform policy changes, third-party tool limitations, or economic conditions affecting campaign performance.
Indirect Damages: Loss of profits, revenue, or business opportunities resulting from the use of our services.
Force Majeure: We are not liable for delays or failures caused by events beyond our control, including natural disasters, cyberattacks, or regulatory changes.
5. Indemnification
The Client agrees to defend, indemnify, and hold harmless Affluent Digital and its representatives from any claims, liabilities, or damages, including:
• Non-compliance with laws or regulations by the Client.
• Data protection breaches resulting from Client-provided materials.
• Claims arising from the use of outreach tools or third-party platforms.
6. Data Processing and Privacy
Data Controller Role: The Client remains the data controller and is solely responsible for compliance with GDPR and other regulations. Affluent Digital acts only as a data processor.
Data Security: While we use GDPR-compliant tools, we assume no liability for data breaches caused by third parties or Client-provided tools.
Data Storage: Client data will be retained only for the duration of the engagement and deleted upon request, unless legal retention periods apply.
7. Payment Terms
Advance Payments: All services require payment upfront. Failure to make timely payments may result in suspension of services.
Non-Refundable Fees: Fees for services rendered are non-refundable, even if campaigns do not achieve the desired results.
8. Contract Term and Termination
Minimum Term: The initial term is three months, with automatic renewal unless terminated with 30 days’ notice before the end of the current term.
Early Termination: No refunds are provided for early termination by the Client.
9. Confidentiality
Protection of Information: Both parties agree to maintain confidentiality regarding proprietary or sensitive information shared during the engagement.
Anonymized Data: Affluent Digital may use anonymized campaign data for internal purposes, including case studies and marketing.
10. Platform-Specific Usage
The Client agrees to provide access credentials to required platforms (e.g., LinkedIn, email tools). The Client remains responsible for ensuring compliance with these platforms’ terms of use.
11. Dispute Resolution
Negotiation: Both parties agree to attempt resolution through negotiation before pursuing formal action.
Arbitration: Any disputes will be resolved through binding arbitration in Delaware, United States.
Governing Law: These Terms are governed by the laws of the State of Delaware, excluding its conflict of law provisions.
12. Marketing and Promotional Use
Consent for Use of Results and Testimonials:
By entering into an agreement with Affluent Digital, the client grants explicit and irrevocable consent for Affluent Digital to use any results, achievements, case studies, testimonials (including but not limited to written reviews, verbal endorsements, and video content), and other deliverables generated during the collaboration for marketing and promotional purposes. This includes, but is not limited to, usage on websites, social media platforms, presentations, case studies, and other promotional materials.
Non-Anonymized Use:
The client acknowledges that such use will not be anonymized unless a written request is submitted to Affluent Digital prior to publication.
Right to Revoke:
The client may revoke this consent in writing at any time for future publications. However, such revocation does not affect materials already published prior to the withdrawal of consent.
No Compensation:
The client agrees that no financial or other compensation will be owed for the use of such materials in marketing or promotional activities.
13. General Disclaimer
Affluent Digital reserves the right to modify services, tools, or methods without notice, provided these changes do not materially affect the agreed deliverables.
14. Intellectual Property
All materials and templates created by Affluent Digital remain our intellectual property and may not be shared, reproduced, or modified without written consent.
15. Client Acknowledgment
By engaging Affluent Digital, the Client acknowledges that:
Affluent Digital does not act as a legal advisor.
Campaign success depends on multiple external factors, including market conditions and platform policies.