ENGLISH TERMS AND CONDITIONS FOR THE DIGIFIANZ HUBSPOT MARKETING AUDIT SERVICE

1. Introduction:
These Terms and Conditions ("Agreement") govern the Digifianz HubSpot Marketing Audit Service ("Services") provided by Digifianz ("Provider") to the client ("Client"). By purchasing the Digifianz HubSpot Marketing Audit Service, the Client agrees to comply with and be bound by this Agreement.


2. Scope of Services:
The Provider will deliver the following Services:

A.    Four (4) one-hour calls focused on alignment, strategy review, presentation of Audit strategy, and final feedback.

B.    Six (6) hours of offline work invested in analysis and the creation of the following documentation:

I.         Marketing Audit including:
- Findings
- Recommendations
- Action Plan Road Map


3. Service Period and Expiration of Services:
Services shall be consumed within sixty (60) days of the Service start date. The Service Start Date being the same as the date of purchase of the service.

The project will also be considered completed if all ten (10) hours of the Service have been consumed.

The Client must consume all Service hours within the applicable Service period. Offline hours or meetings not used within that period will be forfeited, and no refund or credit will be issued for unused Services.

Any additional Services must be purchased separately at the list price in effect at the time of this new purchase.

In the event of a documented hardship or uncontrollable event, the Client may request one (1) reasonable extension not to exceed fourteen (14) calendar days, subject to approval by Digifianz. This extension must be requested by a member of the Client’s team in writing via email to help@digifianz.com exclusively. 


4. Implementation, Integrations and Custom Development:
These Services do not include any direct implementation, custom code or development Services (including but not limited to: custom landing pages, custom quote templates, HubDB configuration, website development, or custom integrations such as API integrations). 

The Client may request that additional Services be added to their quote upon completion of the Marketing Audit Service. 

All custom development projects must be reviewed and quoted on a case-by-case basis by our technical team. We cannot guarantee that we are able to undertake any proposed development project due to technical and team availability limitations.

All work completed by our team is limited to the confines of the Marketing Audit Service mentioned in Section 2 above, Scope of Services.


5. Scheduling and Rescheduling:
A.    Kickoff calls: Upon purchase the Provider will contact the Client by email to coordinate a Kickoff call. A time for this call must be agreed upon within two (2) business days, for a time available within the next three (3) business days.

B.    Scheduling project calls: the Provider and the Client will mutually agree on the schedule for subsequent project calls, subject to the availability of the Client’s Consultant with the Provider

C.    Cancellation and Rescheduling: If the Client needs to reschedule a call, they must notify the Provider at least twenty-four (24) hours in advance. This notification should be sent in writing via email to their assigned Consultant with the Provider. The rescheduled call shall be subject to the availability of the Client’s Consultant with the Provider.

D.    Late Cancellation: If a meeting is canceled with less than twenty-four (24) hours’ notice, the Client will forfeit the call and will not be entitled to a replacement call. Any additional calls must be purchased separately at the list price in effect at the time of this new purchase.


6. The Client’s Responsibilities within the Service:
The Client agrees to:

A.   Attend all scheduled meetings.

B.   Provide timely feedback and required information to facilitate the Service process.

C.   Ensure that all necessary personnel are available for the meetings.


7. Payment Terms:
This is a prepaid non-refundable one-time Service. Fees will be paid via a HubSpot payment link prior to execution of the Service. Exceptions made for justifiable termination specified in section 11, Termination.


8. Confidentiality:
Both parties agree to keep confidential all information disclosed during the Service. This obligation extends to proprietary information, business plans, and any other sensitive information.


9. Intellectual Property:
All content, including information, data, software, photographs, graphics, video, typefaces, music, sounds, and other materials, is protected by copyrights, trademarks, patents, or other proprietary rights, which are valid and enforceable in all forms, media, and technologies now existing or hereafter developed.

The Client shall not remove or modify any copyright, trademark, or other proprietary notices. The Client is not permitted to copy, modify, delete, erase, augment, add to, publish, or transmit any of the materials or Services, in whole or in part.

The Digifianz logo is the property of its respective owner(s) and may not be reproduced, copied, or altered in any manner without the express written authorization of the trademark holder.


10. Non-Solicitation:
The Client undertakes not to contract, under any form, the Services and/or benefits of any current or past employee or collaborator of DIGIFIANZ for a period of five (5) years from the date of purchase of our Services. The prohibition includes any direct or indirect hiring of the employee or collaborator in question. Failure to comply with this obligation shall give rise to an indemnity obligation of $30,000 (thirty thousand United States dollars) in favor of DIGIFIANZ.


11. Termination:
A.    By the Client: the Client may terminate this Agreement at any time by providing written notice to the Provider. No refunds will be issued for Services already rendered.

B.   By the Provider: the Provider may terminate this Agreement if the Client fails to comply with the Terms outlined herein. In such cases, no refunds will be issued for Services already rendered.


12. Limitation of Liability:
The Provider’s liability under this Agreement is limited to the amount paid by the Client for the Services. The Provider shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the Services.


13. Force Majeure:
The Provider shall not be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemics, labor disputes, or interruptions to telecommunications or internet Services.


14. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of Florida in the United States.


15. Modification of Terms:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any such modifications shall be effective immediately upon posting of the revised Terms on our website or by providing other notice thereof. 

We will make our best effort to notify current Clients of modifications made to these Terms, and changes will not be applied retroactively to Services already active at the time modifications are made. However, existing Clients who purchase additional Services after modifications are made will be subject to the modifications made to these Terms. In the case of material modifications, Clients will be notified in writing and may cancel any additional purchases made within five (5) calendar days of such notice without penalty, to receive a full refund for Services not yet rendered.


16. Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and communications, whether written or oral, relating to the subject matter hereof.


17. Contact Information:
For any questions or concerns regarding these Terms, please contact Digifianz at help@digifianz.com


18. Consent for Project-Related Communications:
By purchasing this Service, you consent to receive communications from Digifianz regarding your Service. You may opt out anytime using the unsubscribe link in emails or by contacting us, but we recommend staying opted in for the best experience possible.


19. SLA:
All communications received by the Provider from the Client shall be responded to within eight (8) business hours. The Provider defines their Business Hours as Monday through Friday from 8:00am - 4:00pm EDT, excluding Argentinian National Holidays. 

The official communication channel for all project communications is through email exclusively. 

For questions, concerns, or issues regarding the Services purchased, the Client should contact Digifianz at help@digifianz.com via email communication.

By proceeding with this Service, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.