Terms and Conditions
Effective Date: 06/30/2025
Last Updated: 06/30/2025
Welcome to Performance Digital Solutions. By engaging with our website, services, or entering into a service agreement with us, you agree to the following terms and conditions. Please read them carefully.
1. Eligibility and Age Restrictions Our services are intended for users who are 18 years of age or older. By using our services, you confirm that you meet this eligibility requirement.
2. Services Offered Performance Digital Solutions provides custom websites, SEO strategies, social media campaigns, and business audits. Each service engagement is governed by a separate service agreement that outlines the scope, deliverables, and pricing.
3. Client Responsibilities Clients agree to provide timely access to necessary resources, feedback, approvals, and information to facilitate project completion. Work will not begin until all required onboarding materials—including a signed agreement, initial payment, brand assets, access credentials, and a designated point of contact—are received. Clients warrant that they have all necessary rights and consents to provide any personal data to Performance Digital Solutions.
4. Payment Terms All payments are due according to the schedule outlined in the service agreement. Late payments may incur additional fees or service suspension.
5. Refund Policy All sales are final unless otherwise specified in the service agreement. Refunds are provided at the discretion of Performance Digital Solutions for any uncompleted work.
6. Subscription-Specific Terms For services delivered on a subscription basis:
Subscriptions automatically renew unless canceled before the next billing cycle.
Cancellations take effect at the end of the current billing cycle.
Upon cancellation, access to services and deliverables will be suspended unless a buyout is arranged.
Upon service cancellation, client data will either be deleted or returned in accordance with the Privacy Policy or executed Data Processing Agreement (DPA).
7. Right to Modify Terms We reserve the right to update these terms and conditions at any time. Continued use of our services after such updates constitutes acceptance of the revised terms. Clients will be notified of significant changes via email or our website.
8. Privacy and Data Protection By using our services, you agree to our Privacy Policy. Performance Digital Solutions complies with GDPR, CCPA, and other applicable data protection laws. We act as a Data Processor when managing client data and as a Data Controller for our own operational data. Any use of client data for internal improvements is done using anonymized or aggregated data, unless otherwise legally justified. We use trusted sub-processors for certain operations and are committed to vetting them thoroughly. Where applicable, international data transfers are handled through recognized legal mechanisms. A separate Data Processing Agreement (DPA) may be executed to govern data processing terms.
9. User Conduct and Prohibited Activities You agree not to:
Use our services for illegal purposes
Abuse or exploit service access
Infringe on intellectual property rights
Attempt to gain unauthorized access to systems
Transmit harmful or disruptive content
Violate any applicable privacy laws or regulations Violations may result in immediate termination.
10. Intellectual Property Performance Digital Solutions retains ownership of proprietary methods, processes, and templates. Final deliverables are transferred to the client upon full payment, except for stock assets or third-party tools with separate licenses.
11. Service Availability and Interruptions While we strive for consistent service, we do not guarantee uninterrupted availability. We are not liable for downtime due to maintenance, technical issues, or force majeure events.
12. Confidentiality Both parties agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the project, including personal data. In the event of a data breach involving client data, we will notify the client promptly in accordance with applicable laws.
13. Performance and Results Disclaimer While our strategies are data-driven and designed for results, Performance Digital Solutions cannot guarantee specific outcomes due to the variable nature of digital platforms and market conditions.
14. Revisions and Scope Changes Each project includes a limited number of revision rounds as defined in the agreement. Additional changes or requests outside of the original scope may incur extra charges and require a change order.
15. Termination Either party may terminate the agreement with written notice. Refunds for work not completed may be provided at the discretion of Performance Digital Solutions, less any costs incurred. Upon termination, any personal data in our possession will be deleted or returned to the client per our Privacy Policy or DPA.
16. Termination by Agency We reserve the right to terminate any engagement for non-payment, breach of terms, unlawful activity, or at our discretion with appropriate notice.
17. Ownership and Access on Cancellation For subscription services, all access to work and deliverables is suspended upon cancellation or non-renewal. Ownership remains with Performance Digital Solutions unless a separate buyout agreement is arranged. Client data will be handled in accordance with our Privacy Policy or applicable DPA.
18. Indemnification Clients agree to indemnify and hold Performance Digital Solutions harmless against any third-party claims, liabilities, damages, or expenses arising from their use of our services, breach of terms, violation of laws, or violation of applicable privacy regulations.
19. Dispute Resolution We encourage resolving disputes through informal negotiation first. If unresolved, disputes will be subject to mediation or arbitration in the State of Nevada, unless otherwise required by law.
20. Governing Law These terms shall be governed by the laws of the State of Nevada.
21. Electronic Communications and Signatures Electronic communications, including emails and electronic signatures, are legally binding and acceptable for all agreements, notices, and approvals.
22. Portfolio Rights With client permission, we may showcase completed work in our portfolio or marketing materials. Consent will be obtained in writing prior to inclusion.
23. Ongoing Review We regularly review and update these Terms and our Privacy Policy to ensure compliance with evolving legal requirements and best practices.
If you have any questions about these terms, please contact us at privacy@performancedigitalsolutions.com.
