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Terms of Service

Please read these terms carefully before using our digital marketing services.

  • Agreement
  • Services
  • Client Obligations
  • Payments & Fees
  • Intellectual Property
  • Confidentiality
  • Warranties
  • Liability
  • Termination
  • Governing Law

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

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