Terms of Service

These Terms of Service (“Terms”) govern the relationship between Aplink(“we”, “us”, or “our”) and any person or entity (“Client” or “you”) that engages our digital marketing services. By signing a service agreement or submitting a consultation request, you agree to be bound by these Terms.

1. Services

Aplinkprovides digital marketing services including, but not limited to, local SEO, Google and Meta advertising campaign management, website design and development, conversion rate optimisation, and ongoing marketing consultancy (collectively, the “Services”).

The specific scope, deliverables, and pricing for each engagement are defined in a separate Service Agreement or Statement of Work (“SOW”) signed by both parties. In the event of any conflict between these Terms and an SOW, the SOW prevails.

2. Engagement and Onboarding

Services commence upon receipt of a signed SOW and the applicable setup or onboarding fee. We will begin work within 5 business days of receiving both.

The Client is responsible for providing all required access credentials, brand assets, and information in a timely manner. Delays caused by the Client's failure to provide materials may affect delivery timelines without constituting a breach by Aplink.

3. Fees and Payment

• Setup fees are due in full prior to commencement of work.
• Monthly retainer fees are invoiced in advance and due within 14 days of the invoice date.
• Ad spend (Google Ads, Meta Ads budgets) is billed separately and must be pre-funded by the Client directly in the advertising platform, unless otherwise agreed in writing.
• Invoices unpaid after 14 days accrue interest at 2% per month on the outstanding balance.
• We reserve the right to suspend services for accounts more than 21 days in arrears, without liability for any resulting performance impact.

All fees are quoted exclusive of VAT. Lithuanian VAT (PVM) applies at the applicable rate where required by law.

4. Contract Term and Cancellation

Service agreements run on a rolling monthly basis unless a minimum term is specified in the SOW. Either party may terminate a rolling engagement by providing 30 days' written notice.

Where a minimum term is agreed, early termination by the Client will result in a cancellation fee equal to the remaining monthly retainer fees for the unexpired term.

Aplink may terminate immediately if the Client materially breaches these Terms and fails to remedy the breach within 7 days of written notice.

5. Client Obligations

The Client agrees to:

• Provide accurate, complete, and lawful information, materials, and access required for us to perform the Services.
• Ensure that all content, imagery, and branding supplied to us does not infringe any third-party intellectual property rights.
• Comply with the advertising policies of Google, Meta, and any other platforms used in connection with the Services.
• Appoint a named contact person who has authority to provide approvals and instructions.
• Respond to requests for approval or feedback within 5 business days. Delays beyond this may impact agreed timelines.

6. Intellectual Property

Upon receipt of full payment for the applicable services, Aplink assigns to the Client all intellectual property rights in the custom deliverables created specifically for the Client (e.g., website designs, ad creatives, copy).

Aplink retains ownership of all pre-existing tools, frameworks, methodologies, templates, and proprietary processes used to deliver the Services. Nothing in these Terms grants the Client a licence to such materials beyond what is necessary to use the delivered output.

The Client grants Aplinka non-exclusive licence to use the Client's name, logo, and delivered work samples in our portfolio and marketing materials, unless the Client requests otherwise in writing.

7. Performance and Results

Digital marketing results are influenced by many factors outside our control, including search engine algorithm updates, market competition, ad platform policy changes, and the Client's own business factors. Aplink does not guarantee specific rankings, traffic volumes, leads, or revenue outcomes.

We commit to applying industry-standard expertise and best practices, and to acting in the Client's best interest in the management of campaigns and strategies.

8. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with the Services (“Confidential Information”) and not to disclose it to any third party without prior written consent, except as required by law.

This obligation survives termination of the engagement for a period of 3 years.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Aplink's total liability to the Client for any claim arising under or in connection with these Terms shall not exceed the total fees paid by the Client in the 3 months immediately preceding the event giving rise to the claim.
• Aplink is not liable for any indirect, consequential, special, or punitive damages, including loss of profit, loss of revenue, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.
• We are not liable for performance failures caused by circumstances beyond our reasonable control, including platform outages, algorithm changes, or force majeure events.

10. Indemnification

The Client agrees to indemnify and hold Aplink, its officers, employees, and contractors harmless from any claims, damages, penalties, or expenses (including reasonable legal fees) arising from: (a) the Client's breach of these Terms; (b) any content or materials provided by the Client that infringe third-party rights; or (c) the Client's violation of applicable laws or advertising platform policies.

11. Governing Law and Disputes

These Terms are governed by the laws of the Republic of Lithuania. Any dispute arising under these Terms shall first be referred to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the courts of Lithuania.

12. Amendments

We may update these Terms from time to time. We will notify active Clients of material changes by email at least 14 days before they take effect. Continued engagement with our services after that date constitutes acceptance of the revised Terms.

13. Contact

Questions about these Terms? Reach us at [email protected].