Terms and Conditions

A Terms & Conditions (T&C) agreement for a digital agency is a legal contract between you and your clients. While a Privacy Policy covers data, the T&C covers money, ownership, and liability.

Below is a robust template tailored for 2026, focusing on common agency friction points like “scope creep” and AI-generated content.

Terms and Conditions

1. Scope of Work

  • Services: We agree to provide the services outlined in your specific Statement of Work (SOW) or Proposal.
  • Scope Creep: Any requests outside the original SOW will be subject to additional fees at our current hourly rate of $[Rate].
  • Client Approval: We require timely feedback. Delays in approval exceeding [Number] business days may result in project timeline shifts.

2. Payment Terms

  • Invoicing: Projects typically require a [50%] upfront deposit. Final deliverables will not be released until the balance is paid in full.
  • Late Fees: Payments overdue by 14 days will incur a late fee of [1.5%] per month on the outstanding balance.
  • Refunds: Due to the nature of digital services, deposits are non-refundable once work has commenced.

3. Intellectual Property (IP)

  • Our Tools: We retain ownership of any pre-existing code, scripts, or “know-how” used to build your project.
  • Your Deliverables: Upon final payment, we transfer ownership of the final “Front-End” deliverables (e.g., your logo, your website copy, your specific design) to you.
  • AI Disclosure: We may use AI tools to assist in research or production. We warrant that any AI-assisted output provided to you will be vetted for quality and originality.

4. Third-Party Services

If we manage your Third-Party accounts (e.g., Google Ads, Shopify, Meta), you are responsible for:

  • The direct costs charged by those platforms.
  • Complying with their specific Terms of Service.
  • [Agency Name] is not liable for service outages or account suspensions caused by third-party platforms.

5. Term and Termination

  • Termination for Convenience: Either party may terminate the contract with [30] days written notice.
  • Payment on Termination: If the project is canceled, the Client is responsible for paying for all work completed up to the date of termination.

6. Limitation of Liability

To the maximum extent permitted by law, [Agency Name] shall not be liable for any indirect, incidental, or consequential damages (including loss of profits or data) arising from our services. Our total liability is limited to the amount paid by the Client for the specific project in question.

7. Warranties and Guarantees

  • We do not guarantee specific results (e.g., “Page 1 of Google” or “10x Sales”) as digital landscapes are subject to algorithm changes beyond our control.
  • We provide a [30-day] bug-fix warranty on website launches to ensure everything functions as intended at the time of delivery.

8. Governing Law

These terms are governed by the laws of [Your Country/State/Province]. Any disputes shall be resolved in the courts of [Your City].

Pro-Tips for Your Website:

  1. The “Checkmate” Move: Include a link to these Terms in your email signatures and on every invoice.
  2. Click-Wrap: On your “Contact” or “Order” page, ensure there is a checkbox that says: “I have read and agree to the Terms & Conditions.”

Would you like me to draft a “Statement of Work” (SOW) template so you can clearly define your project boundaries?