Terms & Conditions for Digital 101

1. Introduction

Welcome to Digital 101, a digital marketing agency based in Sri Lanka. These Terms and Conditions govern your use of the services provided by Digital 101 through our website, digital101.lk, or any other service agreements entered into with us. By engaging our services, you agree to be bound by these Terms and Conditions. Please read them carefully.

2. Services Provided

Digital 101 provides a variety of digital marketing services, including but not limited to:

• Social media management
• Search engine optimization (SEO)
• Website development
• Content creation
• Email marketing

We reserve the right to modify or discontinue any service at our discretion, with notice provided where feasible.

3. Client Responsibilities

As a client of Digital 101, you agree to:

• Provide accurate, complete, and up-to-date information necessary for us to deliver our services.
• Comply with all applicable laws and regulations, including those related to email marketing, data privacy, and consumer protection.
• Refrain from engaging in any activities prohibited under these Terms and Conditions or Mailgun’s Acceptable Use Policy (AUP).
• Adhere to data protection laws, including but not limited to the General Data Protection Regulation (GDPR) (where applicable) and the Personal Data Protection Act of Sri Lanka, ensuring lawful collection and use of personal data.

Failure to meet these responsibilities may result in suspension or termination of services.

4. Email Marketing Compliance

When utilizing our email marketing services, you must comply with the following requirements, consistent with Mailgun’s AUP:

• Consent: Obtain explicit, provable consent from recipients before sending marketing emails. Consent must be granted via a confirmed single or double opt-in system (e.g., an unmarked checkbox on a form indicating subscription intent).
• Unsubscribe Mechanism: Include a clear, functional unsubscribe link in every marketing email, allowing recipients to opt out easily. Unsubscribe requests must be honored promptly.
• Sending Metrics: Maintain email sending metrics within Mailgun’s acceptable thresholds:
  • Bounce rate: ≤ 5%
  • Unsubscribe rate: ≤ 1.4% (or 1% if unsubscribes exceed clicks)
  • Spam complaint rate: ≤ 0.08%
• List Management: Do not use purchased, rented, scraped, or third-party mailing lists. All recipient lists must be organically compiled by you with verifiable consent.
• Sender Identification: Clearly identify yourself in the “From,” “To,” and “Reply-To” fields of all emails, accurately reflecting your domain and email address. If sending on behalf of a third party, disclose this relationship in the email body and validate the third-party domain.
• Privacy Policy: Publish a legally compliant privacy policy on your website, link to it in every email, and adhere to its terms.
• Proof of Consent: Retain records of consent (e.g., when and how it was obtained) and provide them to us upon request in case of an abuse complaint.

Non-compliance with these standards may lead to account suspension or termination.

5. Prohibited Activities and Content

You may not use our services to engage in or promote:

• Illegal Activities: Any conduct violating applicable laws, including data privacy or unsolicited communication regulations.
• Spamming: Sending unsolicited emails or SMS without consent.
• Fraudulent Behavior: Withholding or cloaking your identity, including forging transmission information (e.g., IP addresses or return email addresses).
• Harmful Content: Distributing malware, viruses, or other malicious software.
• Disruptive Actions: Interfering with or disrupting our services or third-party networks linked to our services.
• Prohibited Content: Material that is:
  • Defamatory, harassing, or invasive of privacy
  • Excessively violent, incites violence, or threatens public safety
  • Related to illegal activities (e.g., child exploitation, non-consensual acts)
  • Deceptive (e.g., pyramid schemes, chain letters)
  • Associated with payday loans, unlicensed gambling, or affiliate marketing deemed abusive or dishonest (unless explicitly approved by us)

Engaging in these activities will result in immediate action, including potential service termination.

6. Intellectual Property

All content, materials, and deliverables created by Digital 101 during the provision of services remain our property unless otherwise agreed in writing. You may not reproduce, distribute, or use such materials beyond the scope of our agreement without prior consent.

7. Payment Terms

You agree to pay all fees as outlined in your service agreement with Digital 101. Payments are due according to the specified schedule. Late payments may incur penalties, including interest or service suspension, as detailed in your agreement.

8. Liability and Indemnification

Digital 101 is not liable for any indirect, incidental, or consequential damages arising from your use of our services. To the fullest extent permitted by law, our liability is limited to the amount paid for the services in question. You agree to indemnify and hold harmless Digital 101, its affiliates, and employees from any claims, losses, or damages resulting from your breach of these Terms and Conditions or misuse of our services.

9. Termination

Either party may terminate this agreement by providing written notice if the other party materially breaches these Terms and Conditions and fails to remedy the breach within 30 days. Digital 101 may also suspend or terminate services immediately for violations of Mailgun’s AUP or applicable law.

10. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of Sri Lanka. Any disputes arising hereunder shall be subject to the exclusive jurisdiction of the courts in Sri Lanka.

11. Amendments

Digital 101 reserves the right to update or modify these Terms and Conditions at any time. We will notify you of material changes via email or through our website at least 30 days in advance (where required). Your continued use of our services following such changes constitutes acceptance of the revised terms.

12. Contact Information

For questions, concerns, or to report issues related to these Terms and Conditions, please contact us at:

• Email: [email protected]
• Phone: 076 195 6101
• Address: 3rd Floor, HQ Colombo, 464, T. B. Jayah Mawatha, Colombo 10.