Terms And Conditions

Last Updated: November 7, 2025

1. Introduction and Acceptance

Welcome to AKTIV Agency (“we,” “us,” “our,” or “AKTIV”). These Terms and Conditions (“Terms”) govern your access to and use of our website at https://aktivagency.com/ (the “Site”) and the services we provide, including branding, web design, digital marketing, social media marketing, virtual assistant services, and CRM automation (collectively, the “Services”).

By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

2. Definitions

“Client” or “You”: The individual or entity purchasing or using our Services
“Agreement”: These Terms, together with any proposal, statement of work, or contract
“Deliverables”: The final work product provided as part of our Services
“Project”: Any specific engagement for Services between AKTIV and Client
“Content”: All materials, information, designs, code, graphics, and other materials
“Intellectual Property”: Patents, copyrights, trademarks, trade secrets, and other proprietary rights

3. Services Overview

3.1 Service Offerings

AKTIV provides the following Services:

Branding Services: Brand identity, logo design, brand strategy, and visual identity systems
Web Design and Development: Website design, development, maintenance, and optimization
Digital Marketing: SEO, content marketing, email marketing, and digital advertising
Social Media Marketing: Strategy, content creation, management, and advertising
Virtual Assistant Services: Administrative support, project management, and operational assistance
CRM Automation: Implementation, configuration, and optimization of customer relationship management systems
Marketing Automation: Workflow automation, lead nurturing, and marketing system optimization

3.2 Custom Solutions

All Services are customized to meet Client needs. Specific deliverables, timelines, and pricing will be detailed in individual proposals, statements of work, or service agreements.

4. Account Registration and Security

4.1 Account Creation

To access certain Services, you may need to create an account. You agree to:

Provide accurate, current, and complete information
Maintain and update your information as necessary
Keep your password secure and confidential
Notify us immediately of unauthorized access
Accept responsibility for all activities under your account

4.2 Account Termination

We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion.

5. Service Engagement Process

5.1 Proposals and Agreements

Initial Consultation: Discussion of project scope, objectives, and requirements
Proposal: Written proposal detailing scope, deliverables, timeline, and fees
Agreement: Client acceptance creates a binding agreement
Deposit: Payment of initial deposit (typically 30-50%) to commence work
Execution: AKTIV performs Services according to agreed timeline
Delivery: Deliverables provided for Client review
Revisions: Changes within agreed scope and revision limits
Final Payment: Payment of remaining balance before final delivery

5.2 Client Responsibilities

Clients agree to:

Provide timely access to necessary materials, accounts, and information
Respond to requests for feedback within agreed timeframes
Provide clear and constructive feedback
Ensure all provided content is accurate and authorized
Make timely payments according to agreed schedule
Designate a primary point of contact for the project

5.3 Project Delays

Delays caused by Client (including failure to provide materials, feedback, or payment) may result in:

Extended project timelines
Additional fees for extended engagement
Project cancellation per Section 9

6. Fees and Payment

6.1 Pricing

Service fees are specified in individual proposals or agreements. All prices are in USD unless otherwise stated.

6.2 Payment Terms

Deposits: Required before work commences (typically 30-50% of total project cost)
Milestone Payments: Due at specified project milestones as outlined in agreement
Final Payment: Due before final delivery of all project files and assets
Recurring Services: Billed monthly or as specified in agreement
Payment Methods: Credit card, bank transfer, or other approved methods

6.3 Late Payments

Payments not received within 15 days of due date are considered late
We reserve the right to suspend Services until payment is received
Continued non-payment may result in project termination and collection action

6.4 Expenses

Additional expenses (e.g., stock photos, fonts, third-party services, hosting) will be billed separately unless included in the proposal.

6.5 Refunds

Deposits and payments for completed work are non-refundable. Refunds for uncompleted work will be determined on a case-by-case basis and are at our sole discretion.

7. Intellectual Property Rights

7.1 Client-Provided Materials

Client retains all rights to materials provided to AKTIV. By providing materials, Client grants AKTIV a non-exclusive license to use, reproduce, and modify such materials solely for the purpose of providing Services.

7.2 AKTIV-Created Deliverables

Upon full payment, Client receives the following rights to final Deliverables:

Exclusive Use Rights: Right to use Deliverables for intended business purposes
Modification Rights: Right to modify Deliverables for business needs
Reproduction Rights: Right to reproduce Deliverables across media

AKTIV retains:

Copyright ownership unless explicitly transferred in writing
Right to display work in portfolio and marketing materials
Underlying intellectual property in techniques, methodologies, and reusable components

7.3 Pre-existing Materials

AKTIV retains all rights to:

Pre-existing tools, templates, code libraries, and frameworks
Proprietary methodologies and processes
General knowledge and skills

7.4 Third-Party Materials

Client is responsible for obtaining all necessary licenses for third-party materials (fonts, stock images, plugins, etc.). AKTIV will assist in identifying licensing requirements but is not responsible for license compliance.

7.5 Trademark and Branding

If AKTIV creates logos or branding elements:

Client receives exclusive rights to use the mark for business purposes
Client is responsible for trademark registration if desired
AKTIV does not conduct trademark searches unless specifically contracted

8. Revisions and Changes

8.1 Included Revisions

Each project includes a specified number of revision rounds (typically 2-3). Revisions must:

Be within the original project scope
Be submitted within agreed timeframes
Comply with constructive feedback guidelines

8.2 Additional Revisions

Revisions beyond included allowance will be charged at our hourly rate or per agreed pricing.

8.3 Scope Changes

Changes to project scope require:

Written change request from Client
Updated proposal or change order from AKTIV
Client approval of additional costs and timeline adjustments
Execution of amended agreement

9. Cancellation and Termination

9.1 Client Cancellation

Client may cancel projects with written notice. Upon cancellation:

All fees for completed work and expenses incurred are due immediately
Deposits are forfeited
Client receives deliverables completed to date (at AKTIV’s discretion)
AKTIV retains all rights to incomplete work

9.2 AKTIV Termination

We may terminate agreements if Client:

Fails to make timely payments
Breaches these Terms or project agreement
Provides false or misleading information
Engages in abusive or unprofessional conduct
Fails to provide required materials or feedback

9.3 Effect of Termination

Upon termination:

All outstanding fees become immediately due
Client’s access to Services and work product may be suspended
AKTIV retains all rights to incomplete or unpaid work
Provisions that by nature should survive (payment obligations, IP rights, limitations of liability) remain in effect

10. Warranties and Disclaimers

10.1 AKTIV Warranties

We warrant that:

Services will be performed with reasonable skill and care
Work will be substantially consistent with agreed specifications
We have the right to provide Services and deliver Deliverables
Work will not knowingly infringe third-party intellectual property rights

10.2 Client Warranties

Client warrants that:

They have authority to enter this agreement
All provided materials are authorized and do not infringe rights of others
Provided information is accurate and complete
They will comply with all applicable laws

10.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT:

Uninterrupted or error-free service
Specific results, rankings, traffic, or conversions
Compatibility with all platforms or devices
Freedom from viruses or harmful components

11. Limitation of Liability

11.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AKTIV’S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT FOR THE SPECIFIC PROJECT OR SERVICE GIVING RISE TO LIABILITY IN THE 12 MONTHS PRECEDING THE CLAIM.

11.2 Excluded Damages

IN NO EVENT SHALL AKTIV BE LIABLE FOR:

Indirect, incidental, special, consequential, or punitive damages
Lost profits, revenue, data, or business opportunities
Cost of substitute services
Damages arising from third-party actions
Damages resulting from Client’s breach of these Terms

11.3 Exceptions

Nothing in these Terms excludes or limits liability for:

Death or personal injury caused by negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded by law

12. Indemnification

12.1 Client Indemnification

Client agrees to indemnify, defend, and hold harmless AKTIV, its officers, employees, and agents from all claims, damages, losses, and expenses (including reasonable legal fees) arising from:

Client’s use of Deliverables or Services
Client-provided content or materials
Client’s breach of these Terms
Infringement of third-party rights by Client materials
Client’s violation of applicable laws

12.2 AKTIV Indemnification

AKTIV agrees to indemnify Client from claims that Deliverables created solely by AKTIV infringe third-party intellectual property rights, provided:

Client promptly notifies AKTIV of the claim
AKTIV has sole control of defense and settlement
Client reasonably cooperates in the defense
Claim does not arise from Client modifications or misuse

13. Confidentiality

13.1 Confidential Information

Both parties agree to protect confidential information, including:

Business strategies and plans
Financial information
Client lists and customer data
Proprietary processes and methodologies
Non-public project information

13.2 Exceptions

Confidential information does not include information that:

Is publicly available
Was known before disclosure
Is independently developed
Is rightfully received from third parties
Must be disclosed by law

13.3 Duration

Confidentiality obligations survive for three (3) years after termination of the relationship.

14. Third-Party Services and Integrations

14.1 Third-Party Platforms

Our Services may integrate with third-party platforms (social media, CRM systems, hosting providers, analytics tools). Client is responsible for:

Maintaining accounts with required platforms
Complying with third-party terms of service
Costs associated with third-party services
Data security on third-party platforms

14.2 No Endorsement

Reference to third-party services does not constitute endorsement. We are not responsible for third-party service availability, functionality, or changes.

14.3 Service Interruptions

We are not liable for disruptions caused by third-party service outages, API changes, or discontinuations.

15. Website Hosting and Maintenance

15.1 Hosting Services

If AKTIV provides hosting:

Hosting is subject to separate hosting agreement and fees
Uptime target is 99.9% (excludes scheduled maintenance)
Client is responsible for content backup (unless backup service is purchased)
Hosting may be terminated for Terms violations or non-payment

15.2 Maintenance Services

If maintenance services are contracted:

Specific services covered will be detailed in agreement
Emergency support may be available at premium rates
Response times vary by service level purchased

16. Digital Marketing and SEO

16.1 No Guaranteed Results

Marketing and SEO services do not guarantee:

Specific search rankings
Traffic levels or conversion rates
Social media follower counts or engagement
Advertising return on investment

16.2 Algorithm Changes

Search engines and social platforms frequently update algorithms. AKTIV will adapt strategies to best practices but is not responsible for ranking changes due to algorithm updates.

16.3 Content Approval

Client must approve all marketing content before publication. AKTIV is not responsible for content published without proper approval.

16.4 Advertising Budgets

Advertising campaigns require separate advertising budgets paid directly to platforms (Google, Facebook, etc.). These costs are in addition to our service fees.

17. Virtual Assistant Services

17.1 Scope of Services

Virtual assistant tasks will be specified in agreement. We maintain the right to decline tasks that:

Require specialized licensing or credentials
Violate laws or regulations
Are outside our expertise
Pose security or liability risks

17.2 Confidentiality

Virtual assistants will access Client systems and information. Both parties agree to maintain confidentiality per Section 13.

17.3 System Access

Client is responsible for:

Providing necessary system access
Maintaining security of credentials
Revoking access upon service termination
Monitoring assistant activities on their systems

18. Acceptable Use Policy

Clients agree not to:

Use Services for illegal purposes
Distribute malware, spam, or harmful content
Infringe intellectual property rights
Engage in fraudulent or deceptive practices
Harass, abuse, or harm others
Violate privacy rights or data protection laws
Interfere with AKTIV operations or security
Use Services for adult content, gambling, or hate speech (without prior approval)
Impersonate others or misrepresent affiliation

Violations may result in immediate service termination without refund.

19. Data Protection and Privacy

19.1 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy, available at [link to privacy policy].

19.2 GDPR Compliance

For EU clients, we comply with GDPR requirements. We act as a data processor when handling Client customer data and as a data controller for Client business data.

19.3 Data Security

We implement reasonable security measures, but cannot guarantee absolute security. Client is responsible for securing their own systems and access credentials.

20. Force Majeure

Neither party shall be liable for delays or failures caused by circumstances beyond reasonable control, including:

Natural disasters
War, terrorism, or civil unrest
Government actions or regulations
Pandemics or public health emergencies
Internet or telecommunications failures
Labor strikes or disputes
Acts of God

Affected party must notify the other party promptly. If force majeure continues for 60 days, either party may terminate affected projects.

21. Dispute Resolution

21.1 Informal Resolution

Parties agree to attempt informal resolution of disputes before formal proceedings.

21.2 Mediation

If informal resolution fails, parties agree to mediation with a mutually agreed mediator. Mediation costs will be shared equally.

21.3 Arbitration

If mediation fails, disputes will be resolved through binding arbitration in accordance with commercial arbitration rules. Arbitration will occur in [Your jurisdiction/location] and be conducted in English.

21.4 Exceptions

Either party may seek injunctive relief in court for:

Intellectual property infringement
Confidentiality breaches
Payment disputes

21.5 Class Action Waiver

Both parties waive the right to participate in class actions, class arbitrations, or representative actions.

22. Governing Law and Jurisdiction

These Terms are governed by the laws of [Your jurisdiction – e.g., the State of Delaware, United States], without regard to conflict of law principles.

Any legal actions must be brought in courts located in [Your jurisdiction].

23. General Provisions

23.1 Entire Agreement

These Terms, together with any proposals, statements of work, and agreements, constitute the entire agreement and supersede all prior understandings.

23.2 Amendments

We may modify these Terms at any time by posting updated Terms on the Site. Material changes will be notified via email. Continued use after changes constitutes acceptance.

23.3 Severability

If any provision is found unenforceable, remaining provisions remain in full effect.

23.4 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

23.5 Assignment

Client may not assign rights or obligations without our written consent. We may assign or transfer rights to affiliates or in connection with a merger, acquisition, or sale of assets.

23.6 Independent Contractors

Parties are independent contractors. Nothing creates a partnership, joint venture, or employment relationship.

23.7 Notices

Notices must be in writing and sent to:

AKTIV Agency
Email: admin@aktivagency.com
Website: https://aktivagency.com/

Notices are effective upon receipt.

23.8 Survival

Provisions that by their nature should survive termination (including payment obligations, intellectual property rights, limitations of liability, and indemnification) will survive.

23.9 Headings

Section headings are for convenience only and do not affect interpretation.

23.10 Language

These Terms are in English, which shall be the controlling language in all respects.

24. Portfolio and Marketing Rights

24.1 Portfolio Use

Unless Client objects in writing, AKTIV may:

Display completed work in portfolio and case studies
Use project details in marketing materials
Reference Client as a client in client lists
Share project screenshots and descriptions on social media

24.2 Testimonials

We may request testimonials or reviews. Client approval required before public use.

24.3 Confidential Projects

For confidential projects, Client may request non-disclosure, and we will not display work publicly without permission.

25. Contact Information

For questions about these Terms, please contact us:

AKTIV Agency
Email: admin@aktivagency.com
Website: https://aktivagency.com/

26. Acknowledgment

By using our Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.