Terms of Service

Effective Date: July 5, 2025

1.Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "Client") and Today Digital Agency LLC ("Company", "we", "us", or "our"), concerning your access to and use of the todaydigitalagency.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site") and the digital services we provide (the "Services").

You agree that by accessing the Site and/or engaging our Services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and Services and you must discontinue use immediately.

2.Services

Today Digital Agency LLC provides a range of digital services, including but not limited to web design, web development, digital marketing (SEO, PPC, social media marketing), content creation, and consulting. The specific scope of Services provided to you will be detailed in a separate proposal or statement of work ("SOW") agreed upon by both parties.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, although we will endeavor to provide notice of significant changes affecting ongoing projects.

3. Client Responsibilities

To enable us to perform our obligations, you agree to:

  • Cooperate fully with us and provide timely access to information, data, materials, personnel, and approvals necessary for the project.

  • Ensure that all information and materials provided to us are accurate, complete, and do not infringe upon the intellectual property rights or other rights of any third party.

  • Designate a primary point of contact authorized to make decisions and provide approvals on your behalf.

  • Comply with all applicable laws and regulations related to your business and the project.

Delays caused by your failure to fulfill these responsibilities may result in adjustments to project timelines and costs.

4. Intellectual Property Rights

Client Content: You retain ownership of all intellectual property rights in the content, data, and materials you provide to us ("Client Content"). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the Client Content solely for the purpose of providing the Services.

Deliverables: Upon full payment for the Services, we grant you a non-exclusive, worldwide, perpetual license to use the final deliverables created specifically for you as part of the Services ("Deliverables") for your internal business purposes. Unless otherwise specified in the SOW:

  • We retain ownership of all underlying code, tools, methodologies, know-how, and pre-existing materials used in creating the Deliverables ("Company IP").

  • You may not resell, sublicense, or redistribute the Deliverables or Company IP without our prior written consent.

  • For website projects, the license typically includes the right to operate and maintain the website.

Company Materials: We retain all rights, title, and interest in and to the Site, our trademarks, service marks, logos, and all Company IP.

5. Fees and Payment

Fees for the Services will be set forth in the applicable SOW. Unless otherwise agreed in writing:

  • Invoices are due upon receipt or as specified in the SOW.

  • Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

  • All fees are exclusive of applicable taxes (e.g., VAT, sales tax), which you are responsible for paying.

  • We reserve the right to suspend Services for overdue accounts.

Payment terms (e.g., deposits, milestone payments) will be detailed in the SOW.

6. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party ("Confidential Information") and to use it solely for the purposes of performing under these Terms and any SOW. This obligation does not apply to information that is publicly known, independently developed, or required to be disclosed by law.

7. Warranties and Disclaimers

We warrant that the Services will be performed in a professional and workmanlike manner. EXCEPT FOR THIS EXPRESS WARRANTY, THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee specific results from our Services (e.g., specific search engine rankings, conversion rates, or sales increases), as these depend on various factors beyond our direct control.

8. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or Services with whom you connected via the Site or Services.

10. Term and Termination

These Terms shall remain in full force and effect while you use the Site or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

Termination provisions specific to project engagements will be outlined in the relevant SOW.

11. Governing Law

These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of [Your State/Country] applicable to agreements made and to be entirely performed within [Your State/Country], without regard to its conflict of law principles.

12. Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall be resolved through negotiation, mediation, or binding arbitration in [Your City, State/Country], as further detailed in the applicable SOW or project agreement.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site or these Terms at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

14. Miscellaneous

These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

15. Contact Us

In order to resolve a complaint regarding the Site or Services or to receive further information regarding use of the Site or Services, please contact us at:

Email: [email protected]

Address: [Your Business Address]