Terms and Conditions (T&C)
www.namelydigital.com
Effective Date: January 2026
§ 1 Scope and Conclusion of Contract
(1) These Terms and Conditions apply to all business relationships between Maurice Kumar, trading as NamelyDigital (hereinafter “Contractor”), C/ Esperanza 17, 3B, 07590 Capdepera, Balearic Islands, Spain, NIF: Y6376024R, and his clients (hereinafter “Client”). (2) Services are offered exclusively to business customers (B2B). (3) Conclusion of Contract: The contract is deemed concluded upon: a) Written order confirmation (including email) by the Contractor, OR b) Implied conduct by the Client, specifically by effecting a payment (deposit or full payment) in response to an offer. By making a payment, the Client explicitly accepts these T&Cs.
§ 2 Scope of Services, Marketing Claims & AI
(1) The Contractor provides services (Service Agreement); a specific economic success is not owed. (2) Marketing Materials & Storytelling: References, case studies, and success stories (“Storytelling”) presented in marketing materials or on the website serve solely to illustrate the Contractor’s methodology and expertise. They do not constitute a guarantee or assurance that identical results will be achieved in the Client’s project. Results vary depending on industry, budget, and market conditions. (3) AI Disclosure: The Contractor utilizes Artificial Intelligence (AI) and automation technologies. The Client consents to their use.
§ 3 Cooperation & Acceptance
(1) The Client shall provide necessary data without delay. (2) Deemed Acceptance: If the Client does not respond in writing to submitted drafts or results within 5 working days, they shall be deemed accepted and approved.
§ 4 Payment Terms & Reverse Charge
(1) All prices are net prices in Euros. (2) For B2B clients within the EU (outside Spain) providing a valid VAT ID, the Reverse Charge Mechanism applies (invoice without Spanish IVA). Without a valid VAT ID or for clients in Spain, Spanish VAT applies. (3) Advertising budgets (Ad Spend) are paid directly by the Client to the platforms.
§ 5 Liability
(1) Unlimited liability applies only in cases of intent and gross negligence. (2) Liability for slight negligence is limited to the foreseeable damage typical for the contract. (3) Liability Cap: Liability for financial losses is limited per claim to the amount of the order value (or 3 monthly fees for retainers). (4) The Contractor is not liable for platform bans, algorithm changes, or third-party API failures.
§ 6 Final Provisions
(1) The law of the Kingdom of Spain applies. (2) Jurisdiction: The exclusive place of jurisdiction is the Contractor’s registered office (Palma de Mallorca, Spain), to the extent legally permissible.