These Terms and Conditions govern the engagement of services with Agencia Mejor Digital (THINKITGLOBAL SRL) (hereinafter, “the Agency”).
1. Acceptance of the Terms
Payment of any invoice issued by the Agency constitutes express, full, irrevocable and unqualified acceptance by the client of these Terms and Conditions, which are permanently published and available on our website.
2. Commercial and Administrative Conditions
2.1. Currency and Taxes: Unless expressly stated otherwise, all prices are quoted in Argentine Pesos (ARS). The amounts listed are net and do not include Value Added Tax (VAT), withholdings, or any other taxes, duties, or contributions that may apply, which will be added at the time of invoicing.
2.2. Validity of Proposals: “Commercial proposals and quotes shall be valid for fifteen (15) calendar days from their date of issue.” After that period, the terms and prices may be unilaterally modified by the Agency.
2.3. Agency Credit: All work will be delivered, by default, bearing a credit or attribution to the Agency (logo and/or link to its website). The client may request the removal of such attribution, which will result in an additional charge of no less than thirty percent (30%) of the total project value.
2.4. Portfolio Display: The Agency reserves the right to include work performed for the client in its institutional portfolio (website, social media, and other channels), while at all times safeguarding the confidentiality of sensitive information.
2.5. Services and Costs Not Included: Unless expressly stated in the proposal, the following are not included in the fees:
- Hosting, housing, or domain registration.
- Logo vectorization or redrawing of graphic material.
- Translation services.
- Production or hiring of photography and/or video.
- Acquisition of licenses for images, fonts, plugins, or third-party assets.
- Bulk upload of content or products.
3. Service Models
3.1. Monthly Hour Plans:
- Preferential Rate: Monthly plans include a 30% discount compared to the On-Demand model.
- Rollover: Unused hours automatically carry over to the following month and are added to the new allocation.
- Conversion to On-Demand: If the plan is cancelled, accumulated hours may be converted to On-Demand hours upon payment of a 30% administrative fee on the current value of the hour package.
3.2. Web Development:
- With Agency Hosting: Hosting contracted with the Agency includes, at no additional cost, the initial setup, file upload, and go-live of the site. The specific conditions of this service are detailed in Section 6 (Hosting Service) of these Terms and Conditions.
- With External Hosting: If the client chooses external hosting, the Agency’s responsibility is limited to delivering the project files, and management, configuration, or support tasks on third-party services are excluded.
3.2.1. Stage-Based Development Methodology
All web development projects are carried out under a work methodology organized into successive stages. Each stage constitutes a project milestone and must be completed before moving on to the next. The start of a new stage implies acceptance of the previous stage, and it is not possible to revisit work already completed without generating additional tasks.
The general stages of the process are as follows:
Stage 1 – Receipt of Information
The client must provide all material necessary for the development of the project, including, among others, texts, images, photographs, logos, videos, documents, access credentials, products, and any other content to be incorporated into the website. Development timelines will begin only once the Agency considers that the required information has been received in full.
Stage 2 – Design and Visual Proposal
Based on the material received, the corresponding graphic proposal will be prepared, either through templates or a fully customized design, according to the scope of the contracted service. At this stage, the visual identity, structure, and overall experience of the site will be defined.
Stage 3 – Development
Once the visual proposal is approved, the Agency will begin development of the website. During this stage, queries or clarifications may be raised solely in relation to the technical and functional implementation of the project, without implying modifications to content or designs previously approved.
Stage 4 – Project Review
Once development is complete, a review stage will be enabled so the client can request corrections or adjustments within the originally contracted scope. The Agency will evaluate each request to determine whether it constitutes a correction to the project or a change in scope.
The following will be considered changes in scope, among others: the addition of new information, the replacement of previously delivered texts, images, or materials, changes of mind regarding the approved design, structural modifications, the addition of new features, or any request that involves reviewing or redoing tasks corresponding to stages already completed.
Such requests do not represent a refusal on the part of the Agency, but rather the identification of new requirements arising after the project has progressed, and may therefore be quoted separately or carried out under the hourly performance model then in effect.
Stage 5 – Final Delivery
Once the tasks within the contracted scope are completed and the corresponding corrections made, the Agency will carry out the final delivery of the project. Where the type of development allows it, the corresponding administrative access, usernames, and passwords will be delivered, and the project will be formally considered complete.
4. Delivery Timelines
Execution timelines are estimates, expressed in business days, and will begin to run only once the Agency confirms full receipt of the material corresponding to Stage 1 of the development process. Partial, incomplete, or late delivery of information will suspend the originally established timelines and may result in rescheduling, additional costs, or an expansion of the project scope, as applicable.
| Category | Service | Estimated Timeline |
|---|---|---|
| Branding | Logo | 5 days |
| Branding | Brandboard / Brand Manual | 5 days |
| Branding | Naming | 5 days |
| Graphic Design | Stationery, business cards, stickers | 5 days |
| Graphic Design | Brochure / Flyer | 10 days |
| Digital Design | Newsletter (Image / HTML) | 5-10 days |
| Digital Design | Banners / Sliders | 5 days |
| Digital Design | Articles (design + copywriting) | 7 days |
| Web Development | Landing Page | 10-15 days |
| Web Development | Institutional Site | 20 days |
| Web Development | Full Site / Blog / Portal | 30-45 days |
| Web Development | Catalog / E-Commerce | 50 days |
| Web Development | Custom E-Commerce Platform | 80 days |
| E-Commerce Platforms | Tiendanube Customization | 10 days |
| E-Commerce Platforms | Custom Tiendanube Development | 45 days |
| Digital Marketing | Advertising / SEO / CM Set-up | 5 days |
| Digital Marketing | MercadoLibre Consulting | 5 days |
5. Engagement and Cancellation
5.1. Initial Consultation: The amount paid for the first consulting session will be credited toward the client’s account for the engagement of any service within seven (7) days of the meeting. Subsequent consultations are non-refundable.
5.2. Cancellation of Monthly Services: “Cancellation of monthly services must be requested in writing (by email) with a minimum notice period of twenty (20) business days before the next renewal date.” Failure to do so will result in automatic renewal of the service for a new period.
5.3. Project Interruption and Refunds:
- If the performance of the service is interrupted for reasons not attributable to the Agency (failure to deliver material, issues with third-party domains or hosting, unilateral cancellation by the client, internal disputes, etc.), no refunds will be issued.
- The Agency will bill for expenses and hours actually incurred up to the date of interruption. The unused balance will remain as credit in favor of the client, to be used toward the engagement of other future Agency services.
6. Hosting Service
6.1. Nature of the Service: The Agency does not market hosting as an open or standalone service. Hosting is offered exclusively as a complementary service, reserved for clients who have already engaged one or more other services with the Agency (web development, maintenance, monthly plans, etc.). Its engagement is always optional, must be expressly stated in the corresponding proposal, quote, or invoice, and does not create any right to demand it as a standalone service.
6.2. Scope of the Service: Unless expressly stated otherwise in the engagement, the hosting service covers solely the hosting of the website on the corresponding server and its go-live. This service does not, by itself, include the performance of backups nor maintenance, update, monitoring, or technical support tasks for the site, its plugins, its CMS, or any other software component.
6.3. Backup and Maintenance as Independent Services: Backup and maintenance are independent, optional services in addition to hosting, which must be engaged and paid for expressly and separately. The mere engagement of hosting does not imply, under any circumstances, that the Agency will perform periodic backups of the site, its content, databases, or files, or that it will carry out security updates or other maintenance tasks, unless these services are expressly specified and paid for in the engagement. In the absence of an active backup and/or maintenance plan, the client fully assumes the risk arising from the lack of up-to-date backups and security updates, and is solely responsible for performing such tasks on their own or engaging them with the Agency or a third party.
6.4. Disclaimer of Liability: The Agency does not guarantee uninterrupted availability of the hosting service nor the inviolability of the systems, servers, or hosted sites, and will not be liable, under any circumstances, for: (i) the loss, alteration, corruption, or inaccessibility of the client’s data, content, databases, or files; (ii) intrusions, unauthorized access, hacking, brute-force attacks, code injection, phishing, malware, or any other breach of the security of the site, the hosting, or the server, regardless of its origin or cause; (iii) the exploitation of vulnerabilities existing in the CMS, plugins, themes, libraries, or any software component used, whether developed by the Agency or by third parties; (iv) outages, interruptions, or failures of the service attributable to the hosting infrastructure provider used; (v) direct or indirect damages, loss of profits, or business interruption suffered by the client arising from any of the foregoing. The provisions of this clause apply without prejudice to what is generally established in Section 9 (Limitation of Liability) of these Terms and Conditions.
6.5. Recommendations and Client Responsibilities: The Agency expressly recommends that the client engage the available backup and maintenance plans in order to mitigate the risks described above. Likewise, it is the client’s responsibility to safely and confidentially safeguard the site and hosting access credentials, usernames, and passwords, to use strong passwords, and to notify the Agency without delay of any suspected unauthorized access, vulnerability, or security incident detected.
6.6. Suspension and Termination of Service: In the event of non-payment of the hosting service or the services with which it is associated, the Agency may suspend the hosting of the site without prior notice. Once the commercial relationship has ended, the Agency may delete the files, content, and databases hosted on its servers after thirty (30) calendar days from such termination, with no obligation to retain any copy, unless the client has an active backup service at the time of termination.
6.7. Discontinuation of the Hosting Provider: Without prejudice to what is generally established in Section 9.2, the client acknowledges and accepts that the hosting service provided by the Agency relies on infrastructure and/or services from external providers, over which the Agency has no control and whose continuity, availability, commercial terms, or existence it cannot guarantee. Should the hosting provider used discontinue its operations, interrupt the service for a prolonged period, substantially change its terms, or for any reason become unable to continue providing the service, the Agency will not be liable for such circumstance or for any damages arising from it, and will make reasonable efforts to migrate the site to an equivalent alternative provider within a reasonable timeframe; such migration may generate additional costs and time to be borne by the client, as set out in Section 9.2.
7. Intellectual Property
All intellectual property rights over the developments, designs, code, graphic pieces, and other materials will remain with the Agency until the agreed fees are paid in full.
Once payment is complete, the economic rights to the final product will be assigned to the client, except for third-party materials subject to specific licenses.
8. Confidentiality
Both parties undertake to keep in strict confidence all technical, commercial, strategic, or other information they access within the framework of the contractual relationship, and agree not to disclose it to third parties without express written authorization.
9. Limitation of Liability
9.1. General Scope: The Agency will not be liable to the client for indirect damages, loss of profits, data loss, or business interruption arising from the use of the services.
9.2. Third-Party Services and Providers: The provision of the Agency’s services may depend, wholly or in part, on platforms, infrastructure, or services operated by third parties unrelated to the Agency, including, without limitation, hosting, housing, CDN, or cloud infrastructure providers; domain registrars; payment gateways and processors; advertising platforms (Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads, etc.); CMS, plugins, themes, or software libraries; APIs, email services, CRMs, and other third-party tools. The Agency will not be liable for the interruption, discontinuation, degradation, failure, change in terms or pricing, cessation of operations, or any other circumstance attributable to such third-party providers, nor for any damages, losses, or loss of profits that may result for the client.
In the event of the discontinuation, cessation of service, or prolonged failure of a third-party provider on which the performance of a contracted service depends (including the hosting provider used by the Agency, as set out in Section 6.7), the Agency will make reasonable efforts to migrate or replace the affected provider within a reasonable timeframe, without this implying any guarantee of uninterrupted continuity of service. Any additional tasks that such migration may require (file transfer, reconfiguration, reinstallation, or similar) are not included in fees already paid and may be quoted separately or carried out under the hourly performance model then in effect.
9.3. Maximum Limit of Liability: In all cases, the Agency’s maximum liability is limited to the amount actually paid by the client for the service that gave rise to the dispute.
10. Force Majeure
The Agency will not be liable for failures or delays caused by force majeure or events beyond its control, including (without limitation) technical failures of internet service providers, power outages, government measures, labor disputes, pandemics, or any other event outside its reasonable control.
11. Jurisdiction and Governing Law
Any dispute, disagreement, or conflict arising from the interpretation, validity, and/or performance of these Terms and Conditions shall be submitted exclusively to the Ordinary Courts of the Autonomous City of Buenos Aires, Argentine Republic, with express waiver of any other venue or jurisdiction that might otherwise apply.