Last Updated: December 2024
IMPORTANT NOTICE: By accessing or using our website and services, you agree to be bound by these Terms & Conditions. If you do not agree with these terms, please do not use our services.
1. Acceptance of Terms
These Terms & Conditions ("Terms") govern your use of the website, services, and products offered by PT DIGITALK CREATIVE ("we," "us," or "our"). By accessing our website or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are using our services on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Services Description
PT DIGITALK CREATIVE provides Meta Ads management and digital marketing services, including but not limited to:
- Facebook and Instagram advertising campaign management
- Digital marketing strategy development
- Creative content development for ads
- Performance analytics and reporting
- Audience targeting and optimization
- Marketing consultation services
We reserve the right to modify, suspend, or discontinue any service at any time without prior notice.
3. User Obligations
As a user of our services, you agree to:
- Provide accurate, current, and complete information
- Maintain the confidentiality of your account credentials
- Be responsible for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
- Comply with all applicable laws and regulations
- Not use our services for any unlawful or prohibited purpose
- Not interfere with or disrupt our services or servers
- Not attempt to gain unauthorized access to our systems
4. Client Responsibilities
Clients engaging our services agree to:
- Provide all necessary materials, assets, and information in a timely manner
- Ensure that all provided content complies with applicable laws and platform policies
- Maintain adequate payment methods for advertising budgets
- Approve or provide feedback on deliverables within agreed timeframes
- Not provide misleading, false, or fraudulent information
- Comply with Meta's advertising policies and community standards
- Obtain necessary rights, permissions, or consents for content used in campaigns
5. Payment Terms
5.1 Fees and Billing
Our fees for services will be outlined in the service agreement or proposal. Unless otherwise stated, all fees are in Indonesian Rupiah (IDR) and are exclusive of taxes.
5.2 Payment Schedule
Payment terms will be specified in your service agreement. Generally:
- Advance payments may be required before project commencement
- Outstanding balances must be paid within the agreed period
- Advertising budgets are paid directly to advertising platforms
- Late payments may incur interest charges or service suspension
5.3 Advertising Budget
Clients are responsible for all advertising platform costs (e.g., Meta Ads spend). These costs are separate from our service fees and must be paid directly to the advertising platforms.
5.4 Refund Policy
Service fees are non-refundable unless otherwise agreed in writing. Refunds for advertising budgets are subject to the policies of the respective advertising platforms.
6. Intellectual Property
6.1 Our Intellectual Property
All content, materials, and intellectual property created by PT DIGITALK CREATIVE in the course of providing services, including strategies, reports, and creative materials, remain our property until full payment is received.
6.2 Client Intellectual Property
Clients retain ownership of any content, materials, and intellectual property they provide to us. We only use client-provided materials for the purpose of delivering agreed-upon services.
6.3 License
Upon full payment, we grant clients a non-exclusive, non-transferable license to use deliverables for their business purposes, subject to the terms of the service agreement.
6.4 Third-Party Content
Clients must ensure they have the necessary rights, permissions, or licenses for any third-party content used in campaigns. We are not responsible for any claims arising from client-provided content.
7. Confidentiality
We agree to maintain the confidentiality of all client information and data disclosed during the course of our engagement, except as required by law or with the client's prior written consent.
This confidentiality obligation continues after the termination of our business relationship.
8. Limitation of Liability
To the maximum extent permitted by law, PT DIGITALK CREATIVE shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.
Our total liability for claims arising from or related to our services shall not exceed the total fees paid by you for the specific service giving rise to the claim.
9. Service Performance
9.1 No Guarantees
While we strive to achieve optimal results for your campaigns, we do not guarantee specific outcomes, including but not limited to:
- Return on investment (ROI)
- Click-through rates (CTR)
- Conversion rates
- Cost per acquisition (CPA)
- Ad approval by advertising platforms
9.2 External Factors
Our services are subject to factors beyond our control, including:
- Changes in advertising platform policies and algorithms
- Market conditions and competition
- Technical issues with third-party platforms
- Changes in consumer behavior
10. Termination
10.1 Termination by Client
Clients may terminate services by providing written notice. Termination fees may apply based on the stage of project completion and the terms of the service agreement.
10.2 Termination by Us
We may terminate or suspend services if:
- You violate these Terms or any applicable law
- You fail to make payments as agreed
- Your actions harm our reputation or business
- Continuing services would violate platform policies or laws
10.3 Effect of Termination
Upon termination, all outstanding fees become immediately due. We will provide any pending deliverables upon full payment, subject to the terms of the service agreement.
11. Indemnification
You agree to indemnify, defend, and hold harmless PT DIGITALK CREATIVE and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Content or materials you provide
- Any breach of your representations and warranties
12. Data and Privacy
Your use of our services is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.
By using our services, you consent to the collection and use of your information as described in our Privacy Policy.
13. Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Indonesia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Indonesia.
13.2 Arbitration
Any dispute, controversy, or claim arising out of or relating to these Terms or our services shall be settled by arbitration in accordance with the rules of the Indonesian National Board of Arbitration (BANI).
14. Modification of Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date.
Your continued use of our services after any changes indicates your acceptance of the updated Terms.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent.
16. Entire Agreement
These Terms, together with any service agreement, constitute the entire agreement between you and PT DIGITALK CREATIVE regarding the use of our services and supersede all prior agreements, understandings, and communications.
17. Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
18. Contact Information
If you have any questions about these Terms & Conditions or our services, please contact us:
PT DIGITALK CREATIVE
Address:
Gedung EduCenter Lt.2A Unit VO-24088
Jl. Sekolah Foresta.8 BSD City, Lengkong Kulon,
Pagedangan, Tangerang Regency, Banten 15331
Phone: +62 823 8246 6325
Email: service@digitalkcreative.id