Effective date: [December 1st 2025]

1. Introduction

Welcome to IM Digital Factory. By accessing or using our website (https://imdigitalfactory.com/) or by contracting our services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms, please do not use our website or services.

2. Definitions

• “Agency”, “we”, “us” or “our” refers to IM Digital Factory.

• “Client”, “you” or “your” refers to any person or entity contracting services with the Agency or using our website.

• “Services” refers to any digital marketing, web design, content, social-media, lead generation, e-commerce, consulting or related services offered by the Agency.

3. Scope of Services

We may offer (depending on agreement) one or more of the following services:

• Digital marketing (SEO, SEM/PPC, social media, content marketing, etc.)

• Web design, development and maintenance (including e-commerce)

• Content production (copywriting, video, images, graphics)

• Lead generation, marketing strategy, consulting

• Any other service described in the individual contract or proposal.
  The exact scope, deliverables and timelines will be defined case by case in a separate agreement, proposal or order form.

4. Fees, Payment and Ownership of Deliverables

• Client agrees to pay the fees agreed in the proposal or contract according to the payment terms specified (e.g. milestones, monthly payments, upfront deposit). 

• Unless otherwise agreed in writing, all intellectual property (content, design, code, creative assets) produced by the Agency will remain the property of the Agency until full payment is received. Upon full payment, ownership of deliverables will transfer to the Client. 

• The Agency reserves the right to retain copies of work for internal record-keeping or portfolio (unless otherwise agreed).

5. Client Responsibilities

• Provide timely access, information, materials or feedback as required for the execution of the services (e.g. brand assets, brief, approvals).

• Ensure any materials submitted (images, text, logos) are free of third-party intellectual property restrictions, or that Client holds the rights to them.

• Use the deliverables according to law; Client shall be liable for misuse of the content or for unlawful content.

6. Disclaimers, Limitation of Liability & No Guarantee of Results

• The Agency will use reasonable skill and care in delivering services. However, we cannot guarantee specific outcomes, for example, rankings in search engines, sales conversions, performance metrics, or results from advertising campaigns. 

• Under no circumstances shall the Agency be liable for indirect, incidental, special, consequential or punitive damages arising from use of our services or deliverables. 

• Client agrees to indemnify and hold the Agency harmless from any claims arising from misuse of the deliverables, or from content provided by Client that violates third-party rights or the law. 

7. Confidentiality

Both parties agree to keep as confidential any non-public information exchanged during the provision of services (e.g. business information, data, strategies, credentials) and not disclose it to third parties without prior written consent, except as required by law.

8. Termination

• Either party may terminate the agreement by giving written notice if the other party materially breaches these Terms or the contract.

• Upon termination, Client remains responsible for payment of any work completed up to the date of termination.

• Ownership and access to deliverables and accounts (e.g. website, ads account, analytics) will be handled according to the agreement terms; if full payment has not been made, the Agency may retain ownership until payment is settled. This reflects common market practices.

9. Changes to Terms

We reserve the right to update or modify these Terms & Conditions at any time. Updated versions will be effective from the date indicated as “Effective date.” Continued use of our website or services after changes implies acceptance of the updated Terms.

10. Governing Law & Dispute Resolution

These Terms & Conditions shall be governed by the laws of Colombia. Any dispute arising out of or relating to these Terms or services will be subject to the exclusive jurisdiction of the competent courts in that jurisdiction.

11. Contact Information

If you have any questions about these Terms & Conditions, please contact us at:
IM Digital Factory
Email: legal@imdigitalfactory.com
Address: Calle 78 No 55 -140