Terms of Service

1. Definitions

2. Our Services

Data Dynamics provides performance marketing and digital advertising services including, but not limited to:

• Paid advertising strategy and campaign management (Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads, YouTube Ads)
• Marketing analytics, tracking setup, and performance reporting
• Audience building, segmentation, and customer database development
• Creative direction and ad copy development
• Conversion funnel analysis and optimisation recommendations
• Website analytics configuration (Google Analytics 4, event tracking)

The precise scope of services applicable to your engagement will be defined in a Scope of Work agreed in writing before work commences.

3. Engagement and Scope of Work

• 1.Services begin only upon written acceptance of a proposal or execution of a service agreement by both parties.
• 2.Any changes to an agreed Scope of Work — including additions, reductions, or amendments to deliverables or timelines — must be agreed in writing by both parties before additional work commences. Verbal instructions to expand scope will not be binding.
• 3.We reserve the right to decline any project or request that conflicts with our values, is outside our area of expertise, would breach applicable law, or would violate the terms and policies of any advertising platform.
• 4.Where a Scope of Work specifies a minimum engagement period, early termination does not entitle the Client to a refund of fees already paid for that period.

4. Client Responsibilities

To enable the Agency to perform the Services effectively, you agree to:

• 1.Grant us necessary access to your advertising accounts, analytics platforms, website, and other tools required for the Scope of Work within an agreed timeframe. Delayed access that prevents us from commencing work does not entitle you to a refund of any fees paid.
• 2.Provide accurate, complete, and timely information, brand assets, creative materials, and approvals. Delays caused by late Client approvals may extend agreed timelines without constituting a breach by the Agency.
• 3.Ensure that all assets you provide (images, videos, copy, trademarks, product descriptions) are fully cleared for commercial use and do not infringe any third-party intellectual property rights or applicable laws.
• 4.Comply with the terms, policies, and guidelines of all advertising platforms on which campaigns are run. Platform-initiated account suspensions or ad disapprovals arising from Client-side policy violations are outside our control and do not constitute a breach by the Agency.
• 5.Maintain sufficient advertising budget (Ad Spend) in your platform accounts as agreed in the Scope of Work. Underfunding of ad accounts relative to agreed budget levels may result in underperformance for which the Agency bears no responsibility.
• 6.Promptly notify us of any material changes to your business, products, services, target markets, pricing, legal status, or regulatory requirements that may affect your campaigns.
• 7.Ensure that the person engaging the Agency has the authority to bind the Client organisation to these Terms.

5. Fees and Payment

• 1.Fees are set out in the Scope of Work or invoice. Unless otherwise stated, fees are quoted exclusive of VAT (Φ.Π.Α.) where applicable under Greek tax law. The applicable VAT rate will be added to invoices issued to Greek-registered businesses.
• 2.Invoices are due and payable within 14 calendar days of the invoice date, unless an alternative payment schedule is agreed in writing in the Scope of Work.
• 3.Late payments: amounts outstanding beyond the due date will accrue interest at a rate of 2% per calendar month (or the statutory commercial interest rate under Greek law, whichever is higher) from the due date until the date of full payment.
• 4.We reserve the right to suspend Services — including pausing active campaigns — without liability if an invoice remains unpaid beyond 14 days past its due date. Services will resume upon receipt of full payment of outstanding amounts.
• 5.Ad Spend / Media Budget is paid directly by the Client to the advertising platforms and is entirely separate from Agency management fees, unless the Scope of Work explicitly states otherwise. We are not responsible for payment processing failures or credit issues on platform accounts.
• 6.Agency fees are non-refundable once work has commenced on a given deliverable, except where the Agency is in material breach of these Terms and fails to remedy that breach within the period specified in Section 12.
• 7.We reserve the right to revise our fee structure upon giving 30 days' written notice to active clients. Fee revisions do not apply to Scopes of Work already in effect during the notice period.

6. Intellectual Property

• →Client ownership of Deliverables: All intellectual property rights in materials created specifically for the Client under a Scope of Work — including campaign strategies, ad copy, performance reports, and creative concepts specifically produced for your brand — vest in the Client upon receipt of full payment of all outstanding fees relating to those Deliverables.
• →Agency ownership of proprietary materials: We retain all intellectual property rights in our proprietary tools, software, methodologies, frameworks, templates, data models, and any pre-existing materials developed independently of the Client engagement. Nothing in these Terms transfers ownership of these assets to the Client.
• →Licence to use Client brand assets: You grant us a non-exclusive, royalty-free, revocable licence to use your trademarks, logos, brand guidelines, and other brand assets solely for the purpose of providing the Services. This licence terminates upon the conclusion of the engagement.
• →Portfolio use: We may reference your business by name and describe the nature of services we provided (without disclosing confidential performance figures or commercially sensitive information) for our own marketing, portfolio, and case study purposes. If you prefer we do not do this, please notify us in writing and we will honour that request.
• →Platform account ownership: Advertising accounts created on your behalf using your business information remain your property at all times. Upon termination, we will return full control of all such accounts to you within 14 days.

7. Confidentiality

• 1.Each party agrees to keep strictly confidential all non-public information received from the other party in connection with the Services. Confidential Information includes, but is not limited to: campaign performance data and metrics, advertising budgets and cost structures, business strategies and plans, customer and audience data, pricing, unreleased product or service information, and the commercial terms of any Scope of Work.
• 2.Neither party shall disclose Confidential Information to any third party without the prior written consent of the other, except to employees, contractors, legal advisers, or accountants on a strict need-to-know basis, provided those individuals are bound by equivalent confidentiality obligations.
• 3.Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no breach of this clause; (b) was already in the receiving party's possession free of restriction before disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is required to be disclosed by applicable law, court order, or regulatory authority (in which case the disclosing party will, where legally permitted, give prompt prior written notice to the other party).
• 4.Confidentiality obligations survive the termination or expiry of the engagement for a period of three (3) years.

8. Data Protection

• 1.Each party shall comply with its obligations under applicable data protection legislation, including the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679), the ePrivacy Directive, and Greek Law 4624/2019 implementing GDPR at the national level.
• 2.Where the Agency processes personal data on behalf of the Client — for example, where we have access to the Client's customer data within advertising platforms — the Agency acts as a data processor and will process such data only in accordance with the Client's documented instructions and applicable law.
• 3.Where the Agency processes personal data for its own purposes in connection with the engagement — such as processing the Client's contact details for invoicing and communication — the Agency acts as a data controller. Our Privacy Policy at www.datadynamics.gr/privacy sets out how we handle such data.
• 4.Each party agrees to implement appropriate technical and organisational measures to protect personal data processed in connection with the engagement against accidental or unlawful destruction, loss, alteration, or unauthorised disclosure.

9. Warranties and Representations

• →Agency warranty: We warrant that we will perform the Services with reasonable skill and care, consistent with recognised industry standards for digital marketing agencies.
• →No guarantee of results: We do not guarantee any specific advertising outcome, including but not limited to: revenue, return on ad spend (ROAS), cost per acquisition (CPA), cost per click (CPC), number of leads, volume of impressions, conversion rate, or any other performance metric. Advertising results are inherently variable and influenced by many factors outside our control, including market conditions, competitor activity, platform algorithm changes, creative quality, landing page performance, seasonality, and available budget.
• →Client representations: You represent and warrant that: (a) you have full legal authority to enter into these Terms and any Scope of Work; (b) your business, products, and services comply with all applicable laws, regulations, and advertising platform policies; (c) all assets and information provided to us are accurate and do not infringe any third-party rights; and (d) you will maintain compliance with all advertising platform policies throughout the engagement.

10. Limitation of Liability

• 1.To the maximum extent permitted by applicable law, the Agency's total aggregate liability to the Client — whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the total fees paid by the Client to the Agency in the three (3) calendar months immediately preceding the event giving rise to the claim.
• 2.The Agency shall not be liable to the Client for any: (a) indirect, consequential, special, incidental, or punitive damages; (b) loss of actual or anticipated profits or revenue; (c) loss of business, contracts, or opportunities; (d) loss of anticipated savings; (e) loss of goodwill or reputation; (f) loss of or damage to data; whether or not such losses were foreseeable or the Agency had been advised of their possibility.
• 3.Without limiting the above, the Agency shall not be liable for losses arising from: (a) changes to advertising platform policies, algorithms, or features; (b) suspension or termination of the Client's accounts by third-party platforms; (c) any action or omission of a third-party platform or service provider; (d) the Client's failure to fulfil its obligations under these Terms.
• 4.Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by the Agency's negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Data Dynamics and its founders, directors, employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) your breach of any provision of these Terms; (b) the content, products, or services you advertise, promote, or sell; (c) your violation of any applicable law, regulation, or third-party right (including intellectual property rights); or (d) any claim brought by a third party in connection with the content of your advertisements or the conduct of your business.

12. Term and Termination

• 1.The engagement commences on the date agreed in the Scope of Work and continues for the duration specified therein, or on a rolling month-to-month basis if no fixed term is specified.
• 2.Either party may terminate the engagement by giving 30 days' written notice to the other party. Notice must be delivered by email to the primary contact address. Fees for work completed during the notice period remain payable.
• 3.Either party may terminate the engagement immediately by written notice if the other party: (a) commits a material breach of these Terms and, where such breach is capable of remedy, fails to remedy it within 14 days of receiving written notice specifying the breach; (b) becomes insolvent, is placed into administration, receivership, or liquidation, or makes any arrangement with its creditors; or (c) engages in conduct that is dishonest, illegal, or causes material reputational harm to the other party.
• 4.Upon termination: (a) all fees for Services performed up to the termination date become immediately due and payable; (b) any prepaid fees for Services not yet performed will be refunded on a pro-rata basis, unless termination is due to the Client's breach; (c) the Agency will return all ad account access credentials and Client-owned materials within 14 business days.
• 5.Provisions that by their nature should survive termination — including Sections 6, 7, 8, 10, 11, 14, and 15 — will continue in full force after the engagement ends.

13. Force Majeure

Neither party shall be in breach of these Terms or liable for delay or failure in performance resulting from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government action, regulatory changes, pandemic or epidemic events, failure of public utilities, or widespread internet infrastructure failure. The affected party will promptly notify the other and use reasonable efforts to resume performance as soon as practicable. If a force majeure event continues for more than 60 days, either party may terminate the engagement by written notice without liability.

14. Governing Law and Jurisdiction

These Terms and any Scope of Work are governed by and construed in accordance with the laws of Greece, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or in connection with these Terms — including any question as to their existence, validity, or termination — shall be subject to the exclusive jurisdiction of the competent courts of Athens, Greece.

15. Dispute Resolution

Before commencing formal legal proceedings, both parties agree to make a genuine effort to resolve any dispute through good-faith negotiation. The process is as follows:

• 1.The party with a grievance sends written notice to the other describing the issue in reasonable detail.
• 2.Both parties must attempt to resolve the matter within 30 days of the notice date.
• 3.If unresolved after 30 days, either party may proceed to formal legal action in accordance with Section 14.

16. Changes to These Terms

We may update these Terms from time to time. We will notify active clients of material changes in writing (by email) with at least 14 days' notice before the changes take effect. For existing Scopes of Work in progress, material changes will not apply until the next renewal or a new Scope of Work is agreed. Non-material updates (such as typographical corrections or clarifications that do not affect rights or obligations) may be made without notice. The current version of these Terms is always available at www.datadynamics.gr/terms.

17. General Provisions

• →Entire agreement: These Terms, together with any Scope of Work, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior representations, discussions, negotiations, understandings, and agreements, whether oral or written.
• →Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
• →Waiver: No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach.
• →Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights to a successor entity in the event of a merger, acquisition, or sale of substantially all of our assets, provided this does not materially diminish the services provided to you.
• →Notices: All formal notices required under these Terms must be in writing and delivered by email to the primary contact addresses agreed between the parties. Notices are effective upon confirmed delivery.
• →No partnership or employment: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties. The Agency operates as an independent contractor at all times.
• →Language: These Terms are written in English. In the event of any conflict between an English version and any translated version, the English version shall prevail.

18. Contact

For questions about these Terms or to discuss a potential engagement: