Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and GScale Digital Marketing Services ("GScale," "we," "us," or "our"), governing your access to and use of our digital marketing services, website, and any related communications.
By engaging our services, signing a proposal, making a payment, or otherwise indicating your agreement — whether verbally, in writing, or electronically — you confirm that you have read, understood, and agree to be bound by these Terms.
Plain terms: By working with GScale, you agree to these Terms. If anything is unclear, reach out before we begin — we're happy to walk through it with you.
Our Services
GScale Digital Marketing Services provides digital marketing solutions for ecommerce and service-based businesses. Our services include, but are not limited to:
- Social media management and content creation
- Meta (Facebook & Instagram) and Google advertising campaigns
- Email marketing — campaign management and automation flows
- WordPress and Shopify website development
- Brand identity design including logo, color palette, and brand guide
- Digital marketing strategy and performance reporting
The specific scope of services, deliverables, and timelines for each engagement will be outlined in a separate proposal or service agreement provided prior to commencement. These Terms apply to all services offered by GScale unless otherwise stated in writing.
Client Responsibilities
To enable GScale to deliver services effectively, you agree to the following responsibilities:
- Provide accurate, complete, and up-to-date business information, brand assets, and access credentials as required
- Grant GScale necessary access to relevant platforms (e.g., Meta Business Manager, Google Ads, Shopify, WordPress) in a timely manner
- Review and provide feedback on deliverables within agreed timeframes — delays in feedback may affect project timelines
- Ensure all content, assets, or information provided to GScale does not infringe on third-party intellectual property rights
- Maintain sufficient ad budget funds in your advertising accounts when running paid campaigns
- Communicate material changes to your business that may affect marketing strategy or campaign performance
- Designate a primary point of contact who has authority to approve work on your behalf
GScale will not be held responsible for delays or underperformance caused by the client's failure to fulfill these responsibilities.
Payment & Billing
All fees for GScale services are as agreed in your service proposal. Unless otherwise specified:
- Monthly retainer fees are billed at the start of each billing cycle and are due within 7 days of invoice
- One-time project fees (e.g., website builds, brand identity) may require a 50% deposit prior to commencement, with the remainder due upon project completion
- Late payments beyond 14 days may result in a suspension of services until the outstanding balance is settled
- All prices are quoted in the currency specified in your proposal and are exclusive of any applicable taxes
- GScale reserves the right to adjust pricing with 30 days' written notice for ongoing retainer agreements
Important: Failure to pay outstanding invoices within 30 days of the due date may result in termination of services and referral to a collections process. GScale reserves the right to recover all reasonable costs associated with debt collection.
Refund Policy
Due to the nature of digital marketing services — which involve significant time, strategy, and resource investment from our team — GScale operates a limited refund policy:
- Monthly retainers: Fees paid for the current billing period are non-refundable once work has commenced for that period
- Project deposits: Deposits are non-refundable if work has begun. If GScale has not commenced work, deposits may be refunded at our discretion
- Completed work: No refunds are issued for work already completed and delivered
- Goodwill adjustments: In circumstances where GScale has materially failed to deliver agreed services, we will work in good faith to offer a fair remedy, which may include service credits or partial refunds
All refund requests must be submitted in writing to [email protected] within 14 days of the relevant invoice date.
Ad Spend Policy
GScale's service fees cover the management and strategy of your advertising campaigns. They do not include the cost of advertising spend itself.
- Ad spend for Meta (Facebook & Instagram) and Google Ads campaigns is billed directly to the client's own advertising accounts
- Clients are responsible for funding their ad accounts with sufficient budget to run agreed campaigns
- GScale will recommend a minimum ad spend budget based on your goals and tier, but the final budget decision rests with the client
- GScale is not liable for campaign underperformance resulting from insufficient ad spend
- Any charges incurred by advertising platforms are governed by Meta's and Google's own billing terms
Ad spend and GScale management fees are two separate costs. Your monthly retainer covers our time and expertise — your ad budget goes directly to the platforms to show your ads.
Intellectual Property
Client-owned content: All content, logos, images, and materials provided by the client remain the intellectual property of the client. By providing them, you grant GScale a non-exclusive licence to use these assets solely for the purpose of delivering your services.
GScale-created deliverables: Upon full payment of all outstanding fees, ownership of final deliverables created for you (e.g., logo files, website, email templates, ad creatives) transfers to you, the client.
GScale's proprietary materials: Our internal processes, strategies, frameworks, templates, and tools remain the exclusive intellectual property of GScale and are not transferred to clients under any circumstances.
- GScale reserves the right to display completed work in our portfolio and case studies unless you request otherwise in writing
- Deliverables may not be resold or sublicensed without GScale's prior written consent
- Work-in-progress materials remain GScale's property until full payment is received
Confidentiality
Both parties agree to treat as confidential any non-public information disclosed during the course of the engagement, including but not limited to business strategies, financial data, customer information, and proprietary processes.
- GScale will not disclose your confidential business information to any third party without your prior written consent, except as required by law
- You agree not to disclose GScale's proprietary strategies, pricing structures, or internal processes to third parties
- Confidentiality obligations survive the termination of services for a period of 2 years
This clause does not restrict either party from disclosing information that is or becomes publicly known through no breach of these Terms, or that is required to be disclosed by law or court order.
Results Disclaimer
GScale is committed to delivering high-quality digital marketing services and will always act in your best interest. However, we cannot guarantee specific results such as revenue targets, follower counts, ad performance metrics, or search rankings.
Important: Digital marketing results are influenced by many factors outside GScale's control — including market conditions, competition, platform algorithm changes, ad spend levels, product quality, and website performance. Past client results are not a guarantee of future outcomes.
- GScale will provide regular performance reports and strategy recommendations based on real data
- We will proactively communicate any material changes to campaign performance and recommend adjustments
- Case studies and examples on our website represent individual client results and are not typical guarantees
Limitation of Liability
To the fullest extent permitted by applicable law, GScale's total liability to you for any claim arising out of or in connection with our services shall not exceed the total fees paid by you to GScale in the 3 months preceding the event giving rise to the claim.
GScale shall not be liable for any:
- Indirect, incidental, consequential, or punitive damages
- Loss of profits, revenue, data, or business opportunities
- Damages resulting from third-party platform changes, outages, or policy updates (e.g., Meta, Google)
- Losses caused by the client's failure to fulfill their responsibilities under these Terms
- Losses arising from inaccurate or incomplete information provided by the client
Nothing in these Terms excludes or limits liability for fraud, gross negligence, or any liability that cannot be excluded under applicable law.
Termination
Either party may terminate ongoing services by providing written notice in accordance with the following terms:
- Monthly retainers: Either party may cancel with 30 days' written notice. Services and billing continue through the notice period
- Project-based work: Cancellation mid-project will be billed for all work completed to date, plus a reasonable kill fee as specified in the project proposal
- Immediate termination by GScale: We reserve the right to terminate services immediately for non-payment, breach of these Terms, abusive conduct toward our team, or illegal use of our services
Upon termination, GScale will provide all completed deliverables (subject to full payment) and, where possible, facilitate a smooth handover including access transfers and documentation.
We operate month-to-month with no lock-in contracts. We want clients who want to be here — and we're confident our work will speak for itself.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Philippines, without regard to conflict of law principles.
Any disputes arising out of or in connection with these Terms that cannot be resolved through good-faith negotiation shall be submitted to the exclusive jurisdiction of the courts of Davao City, Philippines.
GScale will always attempt to resolve disputes amicably and in good faith before pursuing any formal legal action.
Changes to These Terms
GScale reserves the right to update or modify these Terms at any time. When material changes are made, we will update the "Last updated" date at the top of this page and, where appropriate, notify active clients directly via email.
Continued use of our services after changes are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must notify us in writing and cease use of our services.
We recommend reviewing these Terms periodically to stay informed of any updates.
Contact Us
If you have any questions about these Terms, or wish to discuss anything before engaging our services, please reach out:
GScale Digital Marketing Services
Davao City, Philippines
Email: [email protected]
Website: gscale.com
We aim to respond to all inquiries within 1–2 business days.
For billing-specific queries, please contact [email protected]. For privacy-related requests, please refer to our Privacy Policy.