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Terms & Conditions

Last updated 8 September 2026

1. Agreement

These Terms govern your use of this website and any services you receive from NexGen Digital Marketing ("we", "us"). By using the site, requesting an audit, or engaging us, you agree to them and to our Privacy Policy. If you accept on behalf of a company, you confirm you have authority to bind it.

2. Services

We provide marketing and operations audits, strategy, campaign management, and related consulting. Scope, deliverables, timelines, and fees for each engagement are set out in a separate proposal or statement of work ("Engagement Document"). These Terms apply to every engagement; where an Engagement Document conflicts with them, it prevails for that engagement.

3. The Free Audit

Where we offer a free audit, it is provided at our discretion and for information only. It may require read-only access to your accounts, creates no obligation on either side to enter a paid engagement, carries no warranty, and is not legal, financial, or tax advice. We may decline, reschedule, or withdraw it before delivery. Recommendations reflect the information available at the time, and acting on them is your decision.

4. Your Responsibilities

  • Provide accurate information, materials, approvals, and feedback on time
  • Grant and maintain the platform access we need
  • Ensure you own or are licensed to use everything you supply to us
  • Ensure your website, offers, and claims comply with advertising, consumer, and data protection law
  • Keep your own accounts in good standing and ad budgets funded where you hold the account
  • Nominate a decision-maker who can respond in reasonable time

Delays or inaccuracies on your side affect timelines and results, and we are not responsible for those consequences.

5. Fees and Payment

  • Fees are set in the Engagement Document and exclude taxes, which are your responsibility
  • Media spend paid to platforms is separate from our fees and is yours unless agreed otherwise
  • Retainers are invoiced monthly in advance, projects per the agreed schedule. Payment is due within 14 days
  • We may charge interest on overdue amounts at the maximum lawful rate, and suspend services on written notice until the account is settled
  • Fees for work already performed are non-refundable. Any engagement-specific refund terms are in the Engagement Document
  • We may change rates on 30 days' written notice, effective the next billing period

6. Term and Termination

Either party may terminate for convenience on 30 days' written notice unless the Engagement Document says otherwise, or immediately for a material breach not remedied within 14 days of notice, or on insolvency.

On termination you pay for work performed and costs committed to that date, we deliver work paid for in full, and each side returns or deletes the other's confidential information and revokes access. Sections 7–14 survive.

7. Intellectual Property

We keep all rights in our frameworks, methodologies, templates, audit models, tools, and know-how, including anything developed before or outside your engagement. You keep all rights in the content, trademarks, and data you supply, and licence them to us for the purpose of delivering the services.

On full payment we assign or licence the specific deliverables created for you, subject to our retained rights above. Deliverables are for your internal business use and may not be resold as a standalone product without our written consent.

Website content is owned by us or our licensors. Do not copy, republish, or create derivative works from it beyond normal browsing and printing for personal reference.

Unless you tell us otherwise in writing, we may name you as a client and describe the work at a high level in our marketing, without disclosing your confidential information.

8. Confidentiality

Each side will keep the other's non-public information confidential, use it only for the engagement, protect it with reasonable care, and share it only with people bound by equivalent obligations. This does not apply to information that is public through no fault of the recipient, was already lawfully known, was independently developed, or must be disclosed by law — with prompt notice where legally permitted. Obligations last 3 years after the engagement ends, and indefinitely for trade secrets.

9. Third-Party Platforms

Our work depends on platforms we do not control, including ad networks, analytics tools, hosting, and CRMs. You are responsible for complying with their terms for accounts you own. We are not responsible for their availability, pricing, policy or algorithm changes, account suspensions, data accuracy, or data loss. Where such an event affects delivery, we will work with you in good faith to adapt.

10. No Guarantee of Results

We will perform the services with reasonable skill and care, but we do not guarantee any specific result — including rankings, traffic, leads, conversions, revenue, return on ad spend, or cost per acquisition. Outcomes depend on your product, pricing, market, competitors, budget, sales process, and platform behaviour. Any figures, forecasts, or past results we show are illustrative, not a promise of future performance.

11. Acceptable Use

Do not use this website for unlawful or fraudulent purposes, attempt unauthorised access to it, introduce malware, scrape it without written consent, submit false information, impersonate anyone, or use it to send unsolicited messages. We may block access where we reasonably believe these rules have been breached.

12. Disclaimers

The website and its content are provided "as is". To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the site will be uninterrupted or error-free.

Nothing on this site or in our audits is legal, financial, tax, or investment advice. Nothing in these Terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

13. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, goodwill, or data.

Our total liability arising from the services is limited to the fees you paid in the 3 months before the event giving rise to the claim. Where no fees have been paid, our total liability in connection with your use of the website is limited to USD 100. These limits reflect the agreed allocation of risk and apply even if a limited remedy fails of its essential purpose.

14. Indemnity

You will indemnify us against claims, damages, losses, and reasonable legal costs arising from the materials you supply, your breach of these Terms or an Engagement Document, your violation of law or of a platform's terms, or your infringement of a third party's rights.

15. Governing Law

These Terms are governed by the laws of Pakistan, and the courts of Lahore, Pakistan have exclusive jurisdiction. Before starting proceedings, both parties will try in good faith to resolve the dispute through discussion for 30 days from written notice. This does not prevent either party seeking urgent injunctive relief.

16. General

  • Changes — we may update these Terms; the date at the top will change and material updates get more prominent notice. The version in force when an Engagement Document is signed governs that engagement
  • Entire agreement — these Terms, any Engagement Document, and our Privacy Policy are the whole agreement between us
  • Severability — if a provision is unenforceable, the rest stands and that provision is narrowed to the minimum extent needed
  • No waiver — not enforcing a provision does not waive the right to enforce it later
  • Assignment — you may not assign these Terms without our consent; we may assign to an affiliate or acquirer
  • Relationship — we are independent contractors, not partners, employees, or agents
  • Force majeure — neither party is liable for delays caused by events beyond its reasonable control
  • Notices — must be in writing to the addresses in section 17 or the Engagement Document

17. Contact