Terms & Conditions

Last Updated: August 20, 2026

Welcome to Digital Otters. These Terms & Conditions (“Terms”) govern your access to and use of our websites, services, platforms, proposals, projects, software, digital products, and related services.

By accessing our website, submitting an inquiry, purchasing a service, accepting a proposal, signing an agreement, or otherwise engaging Digital Otters, you agree to these Terms.

If you do not agree with these Terms, please do not use our website or services.

1. About Digital Otters

Digital Otters provides digital, technology, marketing, creative, software development, artificial intelligence, cybersecurity, advertising, consulting, and related professional services.

Depending on the location of the client, services may be provided by an applicable Digital Otters entity, affiliate, partner, or associated company.

References in these Terms to “Digital Otters”, “we”, “us”, or “our” refer to the applicable Digital Otters entity providing the relevant service.

References to “Client”, “you”, or “your” refer to the individual, company, organisation, or entity using our website or purchasing our services.

2. Services

Digital Otters may provide services including, but not limited to:

• Search Engine Optimisation (SEO)
• AI Search Optimisation and AEO
• Pay-Per-Click Advertising
• Google Ads Management
• Meta Ads Management
• TikTok Ads Management
• LinkedIn Advertising
• Social Media Management
• Content Marketing
• Branding and Graphic Design
• Website Design and Development
• WordPress Development
• Shopify Development
• E-commerce Development
• Custom Software Development
• Mobile Application Development
• MERN Stack Development
• CRM Development
• SaaS Development
• Artificial Intelligence Development
• AI Assistants and Chatbots
• Marketing Automation
• Cybersecurity Services
• Website Security
• Application Security
• Analytics and Reporting
• Consulting and Digital Strategy
• Hosting, maintenance, and technical support
• Other related digital services

The exact scope of any service will be defined in the relevant proposal, quotation, statement of work, invoice, agreement, or service order.

3. Proposals and Scope of Work

Any proposal, quotation, estimate, scope of work, or service package provided by Digital Otters is based on the information available at the time it is prepared.

The final scope of work may include:

• Services to be provided
• Project deliverables
• Timelines
• Pricing
• Payment schedule
• Revision limits
• Technical requirements
• Client responsibilities
• Third-party costs
• Maintenance or support arrangements

Any work requested outside the agreed scope may be treated as additional work and may require additional fees.

Changes to an approved scope may affect the delivery timeline and project cost.

4. Client Responsibilities

The Client agrees to provide all information, access, approvals, credentials, content, documentation, branding materials, technical information, and other resources reasonably required to complete the project.

The Client is responsible for ensuring that any information or material provided to Digital Otters is accurate and legally permitted to be used.

Project timelines may be extended where delays are caused by:

• Late approvals
• Missing information
• Delayed access
• Client-requested changes
• Third-party delays
• Delays in providing content
• Delays in providing credentials or technical access

Digital Otters will not be responsible for delays resulting from circumstances outside our reasonable control.

5. Payments

Payment terms will be specified in the relevant proposal, invoice, contract, or service agreement.

Unless otherwise agreed in writing, payments must be made according to the agreed payment schedule.

Digital Otters may require:

• Full advance payment
• A project deposit
• Monthly advance payment
• Milestone-based payments
• Recurring monthly payments
• Retainer payments

Digital Otters reserves the right to pause or suspend services where payments are overdue.

Any delay caused by non-payment may affect the agreed delivery schedule.

6. Taxes and Third-Party Charges

Unless otherwise stated, quoted prices may exclude applicable:

• Taxes
• VAT
• Sales tax
• Government charges
• Payment processing fees
• Banking charges
• Currency conversion charges
• Advertising spend
• Hosting charges
• Domain registration
• Software subscriptions
• API charges
• Plugin fees
• Stock media
• Third-party licences

The Client is responsible for any third-party costs unless these are expressly included in the agreed proposal.

7. Refunds

Fees paid for professional services are generally non-refundable once work has commenced.

Any refund request will be assessed according to:

• Work already completed
• Resources allocated
• Third-party costs incurred
• Project stage
• Contractual obligations
• Custom work already produced

Advertising spend paid directly to advertising platforms is not refundable by Digital Otters.

Custom development, design, consultancy, strategy, setup, research, configuration, and other professional work may also be non-refundable once performed.

Where a separate contract contains specific refund or cancellation terms, that contract will take priority.

8. Recurring Services

Certain services may be provided on a recurring monthly or retainer basis.

Recurring services may include SEO, social media management, advertising management, content marketing, maintenance, hosting, consulting, cybersecurity monitoring, or other ongoing services.

Where applicable, minimum engagement periods, renewal terms, cancellation periods, and notice requirements will be specified in the relevant proposal or contract.

Unless otherwise agreed, work completed during an active billing period remains payable.

9. Advertising Services

Digital Otters may manage advertising campaigns across platforms including Google, Meta, TikTok, LinkedIn, YouTube, Snapchat, X, and other advertising networks.

The Client understands that advertising results depend on numerous external factors, including:

• Market conditions
• Competition
• Advertising budgets
• Product or service quality
• Website performance
• Pricing
• Sales processes
• Creative performance
• Audience demand
• Platform algorithms
• Platform policies

Digital Otters does not guarantee a specific number of sales, leads, conversions, impressions, revenue, return on ad spend, or other advertising outcome unless expressly agreed in writing.

Advertising spend payable to third-party advertising platforms is separate from Digital Otters' management fees unless specifically stated otherwise.

10. SEO and Search Engine Services

Digital Otters may provide SEO, local SEO, technical SEO, content optimisation, link building, digital PR, international SEO, AI search optimisation, and related services.

The Client acknowledges that search engine rankings are controlled by third-party platforms.

Digital Otters cannot guarantee:

• A specific ranking position
• First-page rankings
• Number-one rankings
• A specific level of organic traffic
• Specific lead volumes
• Specific revenue
• Continued rankings after algorithm changes

Search engines may update their algorithms, policies, ranking systems, AI results, and search features at any time.

Digital Otters will use commercially reasonable and industry-appropriate methods but cannot control third-party search platforms.

11. Website, Software and Application Development

For website, software, mobile application, CRM, SaaS, AI system, or custom development projects, the Client is responsible for reviewing and approving functionality before final launch or handover.

After approval and deployment, changes outside the original scope may be chargeable.

Unless specifically included in writing, development services do not automatically include:

• Unlimited revisions
• Unlimited technical support
• Lifetime maintenance
• Hosting
• Domain registration
• Third-party software licences
• Paid APIs
• Plugin subscriptions
• App store fees
• Server costs
• Security monitoring
• Ongoing feature development

Digital Otters may use third-party libraries, frameworks, APIs, plugins, cloud services, open-source software, or external technology providers as part of a project.

The Client agrees to comply with any applicable third-party licensing terms.

12. Artificial Intelligence Services

Digital Otters may provide AI-based services, including chatbots, assistants, automation systems, generative AI tools, recommendation systems, machine learning functionality, or AI integrations.

AI-generated outputs may occasionally contain errors, inaccuracies, or unexpected results.

The Client is responsible for reviewing AI-generated information before relying upon it for important business, legal, financial, medical, regulatory, or operational decisions.

Digital Otters does not guarantee that AI-generated outputs will always be accurate, complete, or suitable for every purpose.

13. Cybersecurity Services

Where Digital Otters provides cybersecurity assessments, audits, monitoring, penetration testing, security hardening, vulnerability assessments, or related services, such work will be performed within the agreed scope.

No system can be guaranteed to be completely secure.

Digital Otters does not guarantee that:

• A system will never be attacked
• Every vulnerability will be identified
• Every cyberattack can be prevented
• Third-party infrastructure will remain secure
• Future vulnerabilities will not arise

Security testing will only be conducted on systems for which the Client confirms it has appropriate ownership or authorisation.

14. Intellectual Property

Unless otherwise stated in writing, Digital Otters retains ownership of its:

• Internal tools
• Frameworks
• Templates
• Processes
• Systems
• Software components
• Libraries
• Methodologies
• Know-how
• Development tools
• Reusable code
• Proprietary technology

Upon full payment of applicable fees, the Client may receive ownership or usage rights to agreed final deliverables as described in the proposal or contract.

Third-party assets remain subject to their respective licence terms.

15. Portfolio and Marketing Use

Unless otherwise agreed in writing or subject to confidentiality obligations, Digital Otters may display completed work, designs, websites, branding, screenshots, campaign examples, project descriptions, or publicly available results in its portfolio, website, presentations, social media, case studies, or marketing materials.

Confidential information will not knowingly be disclosed as part of such use.

Clients may request reasonable confidentiality restrictions in writing.

16. Confidentiality

Both parties agree to protect confidential information received during the course of a project.

Confidential information may include:

• Business strategies
• Login credentials
• Customer information
• Financial information
• Internal documents
• Technical information
• Marketing strategies
• Source code
• Trade secrets

Confidentiality obligations do not apply to information that:

• Is already publicly available
• Was independently developed
• Was lawfully obtained from another source
• Must be disclosed by law or regulatory authority

Separate Non-Disclosure Agreements may also apply.

17. Access Credentials

Where the Client provides account credentials, administrative access, hosting access, advertising access, analytics access, social media access, API credentials, or other system access, Digital Otters will use such access only as reasonably required to provide the agreed services.

Clients are encouraged to use role-based permissions, business manager access, collaborator access, or delegated access where available instead of sharing personal passwords.

18. Third-Party Platforms

Digital Otters may work with third-party platforms including, without limitation:

• Google
• Meta
• Facebook
• Instagram
• TikTok
• LinkedIn
• Shopify
• WordPress
• WooCommerce
• Microsoft
• Amazon Web Services
• Cloudflare
• OpenAI
• Stripe
• PayPal
• Twilio
• Hosting providers
• CRM providers
• Analytics providers

Digital Otters does not control these third-party services and is not responsible for their outages, suspensions, policy changes, account restrictions, data loss, price changes, algorithm changes, technical failures, or service interruptions.

19. Third-Party Account Suspension

Digital Otters cannot guarantee that an advertising account, social media account, search account, merchant account, app store account, hosting account, payment account, or other third-party account will not be restricted or suspended.

The Client remains responsible for ensuring its business, products, advertisements, content, and services comply with applicable platform policies and laws.

20. Performance and Results

Any case studies, projections, estimates, forecasts, performance examples, portfolio results, or previous client results are provided for reference only.

Past performance does not guarantee future results.

Actual outcomes may vary significantly depending on the Client's industry, business model, budget, competition, market conditions, pricing, products, services, sales processes, technical infrastructure, and other factors.

21. Revisions

Revision limits may vary depending on the service or project.

Where a specific number of revisions is included, additional revisions may be charged separately.

A revision generally refers to a reasonable modification of previously approved work and does not include a complete redesign, redevelopment, change of project direction, or expansion of scope.

22. Project Approval

Where work is submitted to the Client for review, the Client should provide approval or feedback within a reasonable timeframe.

Projects may be considered completed where:

• Final deliverables have been submitted
• The agreed scope has been completed
• The Client has approved the work
• The Client has not provided requested feedback for an extended period

Delayed feedback may result in project rescheduling.

23. Project Suspension

Digital Otters may suspend or terminate work if:

• Payments remain overdue
• Required information is repeatedly withheld
• The Client requests unlawful activity
• The Client abuses or threatens team members
• The project creates legal, regulatory, cybersecurity, or reputational risks
• Continuing the relationship becomes commercially unreasonable

Fees for work already completed remain payable.

24. Acceptable Use

You may not use Digital Otters' website, services, systems, software, infrastructure, or personnel to engage in:

• Fraud
• Illegal activity
• Intellectual property infringement
• Malware distribution
• Unauthorised system access
• Phishing
• Spam
• Harassment
• Cyberattacks
• Data theft
• Deceptive or unlawful advertising
• Any activity prohibited by applicable law

Digital Otters may refuse services that it reasonably believes could violate laws, regulations, platform policies, or third-party rights.

25. Website Information

Information published on the Digital Otters website is provided for general informational purposes.

Although we aim to keep information accurate and current, we do not guarantee that all website information will always be complete, error-free, or current.

Prices, packages, services, features, and availability may change without notice.

26. External Links

Our website may contain links to third-party websites.

Digital Otters is not responsible for the content, availability, security, privacy practices, or services provided by external websites.

Accessing third-party websites is at your own risk.

27. Data and Privacy

Personal information collected through our website or services will be handled according to our Privacy Policy.

Clients are responsible for ensuring they have appropriate legal authority to provide customer, employee, prospect, or other personal information to Digital Otters where required for service delivery.

28. Limitation of Liability

To the maximum extent permitted by applicable law, Digital Otters will not be liable for indirect, incidental, special, consequential, punitive, or loss-of-profit damages arising from the use of our website or services.

This may include loss resulting from:

• Lost revenue
• Lost profits
• Lost data
• Lost business opportunities
• Advertising platform changes
• Search engine changes
• Third-party outages
• Cyberattacks
• System downtime
• Account suspensions
• Platform restrictions
• Software failures

Where liability cannot legally be excluded, Digital Otters' total liability will generally be limited to the amount paid by the Client for the specific service giving rise to the claim, unless otherwise required by applicable law.

29. Indemnification

The Client agrees to indemnify and hold Digital Otters harmless from claims, liabilities, losses, damages, expenses, or legal costs arising from:

• Client-provided content
• Client products or services
• Client business practices
• Intellectual property infringement by materials supplied by the Client
• Unlawful instructions
• Regulatory violations by the Client
• Misuse of completed work
• Breach of these Terms

30. Force Majeure

Digital Otters will not be responsible for delays or failure to perform resulting from events outside its reasonable control.

Such events may include:

• Natural disasters
• War
• Civil unrest
• Government restrictions
• Power outages
• Internet outages
• Cyberattacks
• Third-party service outages
• Telecommunications failures
• Labour disruptions
• Epidemics or pandemics
• Cloud infrastructure failures

31. Non-Solicitation

Where permitted by applicable law, Clients agree not to directly solicit, recruit, hire, or engage Digital Otters employees, contractors, or team members involved in their project during an active engagement and for a reasonable period after the engagement ends, unless written permission is obtained from Digital Otters.

32. Communication

Official project communication may take place through:

• Email
• CRM
• Project management systems
• WhatsApp
• Video conferencing
• Phone
• Other agreed communication channels

Clients are responsible for monitoring the contact details provided to Digital Otters.

33. Termination

Either party may terminate an engagement according to the termination provisions stated in the relevant proposal or contract.

Termination does not remove the Client's obligation to pay:

• Outstanding invoices
• Completed work
• Approved milestones
• Non-refundable third-party costs
• Contractually committed fees

Digital Otters may retain work or restrict access to unpaid deliverables until outstanding amounts are settled, where legally permitted.

34. Governing Agreements

If the Client has entered into a separately signed:

• Service Agreement
• Master Services Agreement
• Statement of Work
• Proposal
• Contract
• Data Processing Agreement
• Non-Disclosure Agreement

the terms of that signed agreement will take priority where there is a conflict with these website Terms.

35. Governing Law and Jurisdiction

The applicable governing law and jurisdiction may depend on the Digital Otters entity providing the relevant service and may be specified in the Client's proposal, invoice, agreement, or contract.

Where a separate written agreement specifies governing law or dispute resolution provisions, those provisions will apply.

36. Changes to These Terms

Digital Otters may update these Terms periodically to reflect changes in our services, business practices, technology, legal requirements, or policies.

Updated Terms will be published on this page together with the revised “Last Updated” date.

Continued use of our website or services after updated Terms are published constitutes acceptance of the revised Terms where permitted by law.

37. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect.

38. No Waiver

Failure by Digital Otters to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

39. Entire Agreement

These Terms, together with any applicable proposal, contract, Privacy Policy, service agreement, statement of work, and related documents, constitute the agreement between the parties regarding the relevant services.

40. Contact Us

For questions regarding these Terms & Conditions, please contact Digital Otters through the contact information published on our official website.

Digital Otters
Website: www.digitalotters.com
Email: Use the official contact email listed on our website.