Important: These Terms of Service govern your use of Nielity's digital marketing services. By engaging our services, you agree to be bound by these terms.
1. Agreement to Terms
By accessing or using Nielity Global Ltd's ("we," "our," or "us") services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
1.1 Contract Formation
A binding contract is formed when:
- You sign our service proposal or agreement
- You make a payment for our services
- We begin work on your project as confirmed in writing
1.2 Modifications
We reserve the right to modify these terms at any time. Continued use of our services after changes constitutes acceptance of the modified terms.
2. Services Description
Nielity provides comprehensive digital marketing services including but not limited to:
SEO/SEM Services
Search engine optimization and marketing campaigns
Performance Marketing
PPC, social media advertising, and conversion optimization
E-commerce Setup
Online store development and optimization
Brand Strategy
Brand identity development and strategic planning
2.1 Service Limitations
While we strive for excellence, we cannot guarantee specific results such as:
- Specific search engine rankings
- Exact conversion rates or ROI
- Particular social media engagement metrics
Results depend on various factors including market conditions, competition, and client cooperation.
3. Client Obligations
To ensure successful service delivery, clients agree to:
Provide Accurate Information
Supply complete and accurate business information, access credentials, and project requirements
Timely Cooperation
Respond to requests for information, feedback, and approvals within agreed timeframes
Legal Compliance
Ensure all provided materials and business operations comply with applicable laws
Payment Obligations
Make timely payments as outlined in the service agreement
4. Payments & Fees
4.1 Pricing Structure
Our services may be offered under various pricing models:
- Project-based: Fixed price for defined deliverables
- Retainer: Monthly fee for ongoing services
- Performance-based: Fees tied to specific results (where applicable)
4.2 Payment Terms
Unless otherwise agreed in writing:
- Invoices are due within 15 days of issuance
- Late payments may incur interest at 1.5% per month
- Project work may be paused for overdue payments
4.3 Refund Policy
Refunds are handled on a case-by-case basis:
- No refunds for work already completed and delivered
- Partial refunds may be considered for cancelled retainer services
- Setup fees are generally non-refundable once work commences
5. Intellectual Property Rights
5.1 Client Materials
Clients retain ownership of all materials provided to Nielity, including:
- Brand assets, logos, and trademarks
- Business information and proprietary data
- Existing website content and code
5.2 Nielity Deliverables
Upon full payment, clients receive:
- Ownership of final delivered work products
- License to use any Nielity-developed assets
- Source files and documentation for delivered work
Nielity retains the right to display delivered work in our portfolio unless otherwise agreed.
5.3 Third-Party Assets
Some projects may include third-party assets (fonts, images, plugins) subject to their respective licenses. Clients are responsible for compliance with these licenses.
6. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the engagement:
Protected Information
Business strategies, financial data, trade secrets, and proprietary methodologies
Exclusions
Publicly available information or data required to be disclosed by law
Duration
Confidentiality obligations survive termination of the agreement
7. Warranties & Disclaimers
7.1 Service Warranty
We warrant that our services will be performed with reasonable skill and care consistent with industry standards.
7.2 Disclaimer of Guarantees
We do not guarantee:
- Specific business outcomes or revenue increases
- Search engine rankings or traffic levels
- Absence of service interruptions
- Compatibility with all devices or browsers
7.3 Third-Party Services
We are not responsible for the performance, reliability, or security of third-party platforms, tools, or services used in delivering our services.
8. Limitation of Liability
8.1 Direct Damages
Our total liability for any claims arising from these terms or our services shall not exceed the total fees paid by the client for the specific service giving rise to the claim.
8.2 Indirect Damages
In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data, or business opportunities.
8.3 Essential Basis
The limitations in this section apply to the fullest extent permitted by law and form an essential basis of the bargain between the parties.
9. Termination
9.1 Termination Rights
Either party may terminate the agreement:
- For material breach with 30 days written notice to cure
- Immediately for non-payment or illegal activities
- Without cause with 30 days written notice (retainer services)
9.2 Effects of Termination
Upon termination:
- Client pays for all services rendered up to termination date
- We deliver all completed work and materials
- Confidentiality obligations continue
- Each party returns the other's confidential information
10. Governing Law & Dispute Resolution
10.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions.
10.2 Dispute Resolution
In the event of any dispute:
- Parties agree to attempt informal resolution for 30 days
- If unresolved, disputes shall be settled through mediation
- Mediation shall take place in Lagos, Nigeria
- Each party bears its own mediation costs
10.3 Contact for Disputes
For any disputes or questions about these Terms, please contact us:
Email: legal@nielity.com
Address: Nielity Global Ltd, Lekki, Lagos Island, Nigeria