General Terms of Service

General Terms of Service

Last Updated: September 27, 2026

These General Terms of Service (“Terms”) govern the services provided by Eskali Digital (“Eskali Digital,” “we,” “us,” or “our”) to its clients (“Client,” “you,” or “your”).

By requesting, purchasing, or using our services, you acknowledge that you have read, understood, and agreed to these Terms.

1. About Eskali Digital

Eskali Digital is a digital agency providing services that may include website design and development, e-commerce development, digital marketing, search engine optimization (SEO), online advertising, branding, content creation, social media services, automation, and digital strategy.

The specific services provided to each Client will be described in the applicable proposal, quotation, order, statement of work, or service agreement.

2. Contact Information

Eskali Digital
1209 Mountain Road PL NE
Albuquerque, NM 87110
United States

Email: [YOUR EMAIL ADDRESS]
Phone: [YOUR PHONE NUMBER]

3. Acceptance of These Terms

By accepting a quotation, proposal, order, or service agreement, or by instructing Eskali Digital to begin work, you agree to be bound by these Terms.

If a separate written agreement or statement of work has been signed between Eskali Digital and the Client, the terms of that agreement will apply to the extent of any conflict with these Terms.

4. Services

Eskali Digital may provide digital services including, but not limited to:

  • Website design and development;

  • E-commerce website development;

  • Digital marketing;

  • Search engine optimization (SEO);

  • Online advertising;

  • Advertising campaign management;

  • Content creation;

  • Branding and visual identity;

  • Social media management;

  • Digital automation;

  • Digital consulting and strategy.

The exact scope of services, deliverables, timeline, fees, and other project requirements will be described in the applicable proposal, quotation, or agreement.

5. Proposals and Quotations

Before beginning a project, Eskali Digital may provide the Client with a proposal or quotation describing:

  • The services to be provided;

  • Deliverables;

  • Estimated timelines;

  • Fees;

  • Payment terms;

  • Project requirements;

  • Any additional terms or conditions.

Unless otherwise stated, a quotation or proposal is valid only for the period specified in the applicable document.

Services or requests outside the agreed scope may require an additional fee.

6. Client Responsibilities

The Client agrees to provide all information, materials, approvals, access credentials, and other resources reasonably required to complete the services.

This may include:

  • Logos and brand assets;

  • Text, images, and videos;

  • Product or service information;

  • Website or platform access;

  • Technical information;

  • Business information;

  • Feedback and approvals.

The Client is responsible for ensuring that all materials provided to Eskali Digital are accurate, lawful, and do not infringe the rights of any third party.

Delays in providing required materials or approvals may result in delays to the project timeline.

7. Project Timelines

Any project timeline provided by Eskali Digital is an estimate unless a specific deadline is expressly agreed upon in writing.

Project timelines may be affected by:

  • Delays in receiving information or materials from the Client;

  • Delays in receiving approvals;

  • Additional revision requests;

  • Third-party platform issues;

  • Technical issues;

  • Events outside Eskali Digital’s reasonable control.

Eskali Digital will make reasonable efforts to communicate significant delays to the Client.

8. Revisions and Changes

The number of revisions included in a project will be specified in the applicable proposal, quotation, or agreement.

Requests that exceed the agreed scope may be treated as additional services and may incur additional fees.

Eskali Digital will, where reasonably possible, inform the Client before performing significant additional work that may result in additional charges.

9. Fees and Payment

Fees for services are those specified in the applicable proposal, quotation, invoice, or agreement.

Depending on the project, Eskali Digital may require:

  • Full payment before work begins;

  • An upfront deposit;

  • Milestone payments;

  • Monthly or recurring payments.

The applicable payment schedule will be communicated to the Client before or at the beginning of the engagement.

If payment is overdue, Eskali Digital may suspend services until outstanding amounts are paid, to the extent permitted by applicable law.

Bank charges, payment processing fees, or other transaction costs may be charged to the Client when disclosed in advance.

10. Third-Party Services

Certain projects may require third-party services, platforms, software, applications, hosting providers, payment processors, advertising platforms, analytics tools, or other external services.

Third-party services are subject to their own terms, policies, pricing, and availability.

Unless expressly included in the project fee, third-party subscriptions, licenses, hosting fees, advertising budgets, domain registration fees, and similar costs are the Client’s responsibility.

Eskali Digital is not responsible for changes, interruptions, limitations, or failures caused by third-party services.

11. Intellectual Property

Unless otherwise agreed in writing, each party retains ownership of intellectual property that it owned before the beginning of the project.

Any transfer or license of intellectual property rights created specifically for the Client will be governed by the applicable proposal, agreement, or statement of work.

Where a transfer of rights is agreed, such transfer may be conditional upon full payment of all amounts due.

Eskali Digital retains ownership of its pre-existing tools, templates, systems, processes, methodologies, frameworks, know-how, software, and reusable components unless otherwise agreed in writing.

12. Client-Provided Materials

The Client represents and warrants that it has the necessary rights and permissions to use any materials provided to Eskali Digital, including:

  • Text;

  • Images;

  • Videos;

  • Logos;

  • Trademarks;

  • Designs;

  • Data;

  • Other intellectual property.

The Client grants Eskali Digital permission to use such materials solely as reasonably necessary to provide the agreed services.

The Client remains responsible for claims arising from materials supplied by the Client.

13. Marketing and Performance Results

Digital marketing, SEO, advertising, social media, and business growth services depend on numerous factors outside Eskali Digital’s control.

Unless expressly guaranteed in writing, Eskali Digital does not guarantee:

  • A specific amount of revenue;

  • A specific number of sales;

  • A specific number of leads;

  • A specific search engine ranking;

  • A specific return on investment (ROI);

  • A specific advertising cost per acquisition;

  • A specific amount of traffic or engagement.

Results may depend on factors including market conditions, competition, advertising budgets, pricing, product quality, seasonality, platform algorithms, consumer behavior, and the Client’s business operations.

14. Confidentiality

Eskali Digital will use reasonable measures to protect confidential information provided by the Client in connection with a project.

Information that is publicly available, already lawfully known to Eskali Digital, independently developed, or lawfully obtained from another source will generally not be considered confidential.

Where additional confidentiality obligations are required, the parties may enter into a separate confidentiality agreement.

15. Personal Data

Where Eskali Digital processes personal information as part of providing services, the parties will comply with applicable privacy and data protection laws.

Information about how Eskali Digital handles personal information through its website is described in our Privacy Policy.

Additional data processing terms may be agreed upon where required by the nature of a project or applicable law.

16. Cancellation and Termination

Either party may request termination of a service in accordance with the applicable agreement, proposal, or statement of work.

If the Client terminates a project after work has begun, the Client may remain responsible for work completed and expenses incurred up to the effective termination date, subject to the applicable agreement and applicable law.

Eskali Digital may suspend or terminate services in cases of non-payment, abusive conduct, unlawful activity, or circumstances where continuing the services would violate applicable law.

Additional cancellation and refund terms are described in our Refund and Cancellation Policy.

17. Refunds

Refunds are governed by Eskali Digital’s Refund and Cancellation Policy, as well as any specific refund terms contained in the applicable agreement or proposal.

Unless otherwise stated in writing or required by applicable law, work that has already been completed, delivered, or performed may not be eligible for a refund.

Third-party expenses and advertising budgets that have already been paid or spent may also be non-refundable.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Eskali Digital will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to the use of our services.

Eskali Digital is not responsible for losses caused by third-party platforms, hosting providers, software, advertising networks, payment processors, or other services outside our reasonable control.

Nothing in these Terms is intended to exclude or limit liability that cannot legally be excluded or limited under applicable law.

19. Force Majeure

Eskali Digital will not be responsible for delays or failures caused by circumstances beyond its reasonable control.

Such circumstances may include, without limitation:

  • Natural disasters;

  • Major internet or infrastructure failures;

  • Cybersecurity incidents affecting third-party infrastructure;

  • Government actions;

  • Major service outages;

  • Third-party platform failures;

  • War or civil emergencies;

  • Other events beyond our reasonable control.

20. Client Approvals

Project communications and approvals may be conducted by email, messaging platforms, project management systems, or other communication methods agreed upon by the parties.

Once the Client approves a design, content, deliverable, or project milestone, that approval may be considered final for that stage of the project, subject to the terms of the applicable agreement.

21. Portfolio and Marketing Use

Unless otherwise agreed in writing or subject to confidentiality obligations, Eskali Digital may display completed work in its portfolio, website, presentations, case studies, or other marketing materials.

If the Client requires a project to remain confidential, the Client should notify Eskali Digital in writing.

22. Changes to Services

Eskali Digital reserves the right to modify, improve, suspend, or discontinue aspects of its services when reasonably necessary.

Changes to an active Client project that materially affect the agreed scope will be communicated to the Client where reasonably possible.

23. Changes to These Terms

Eskali Digital may update these Terms from time to time to reflect changes to its services, business practices, or legal requirements.

The Terms applicable to a specific project will generally be those accepted by the Client when the project was ordered, unless otherwise agreed in writing or required by applicable law.

24. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of New Mexico, United States, except to the extent that mandatory laws of another jurisdiction apply.

For Clients located in other states or countries, certain mandatory consumer or other legal protections may apply regardless of this provision.

25. Dispute Resolution

In the event of a dispute relating to our services, the parties agree to first attempt to resolve the matter through good-faith communication.

The Client should contact Eskali Digital and provide sufficient information regarding the dispute so that the parties have an opportunity to resolve the matter before pursuing formal proceedings.

Additional dispute-resolution procedures, including mediation or arbitration, may be established in a separate written agreement between the parties.

26. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain in full force and effect to the extent permitted by applicable law.

27. Entire Agreement

These Terms, together with the applicable proposal, quotation, statement of work, invoice, and any other written agreement accepted by the parties, constitute the agreement governing the applicable services.

If there is a conflict between these Terms and a specific written agreement, the specific written agreement will control to the extent of the conflict.

28. Contact Us

If you have any questions regarding these General Terms of Service, please contact us:

Eskali Digital
1209 Mountain Road PL NE
Albuquerque, NM 87110
United States

Email: [YOUR EMAIL ADDRESS]
Phone: [YOUR PHONE NUMBER]

© 2026 Eskali Digital. All rights reserved.

Il ne te reste qu’à remplacer [YOUR EMAIL ADDRESS] et [YOUR PHONE NUMBER]. Pour des contrats clients réellement opposables, une revue par un avocat aux États-Unis est recommandée, notamment pour les clauses de responsabilité, résiliation, remboursement et règlement des litiges.