Version
3.1
These Terms of service ("Terms") govern your access to and use of the Bindongtech website at bindongtech.com and any services we provide. By using this website, by submitting an enquiry, or by signing a Statement of work with us, you accept these Terms.
Where you engage Bindongtech under a separate signed Master Services Agreement ("MSA") or Statement of work ("SOW"), the MSA or SOW controls in case of conflict with these Terms.
You confirm that you have read and accept these Terms by browsing this website, by sending us an enquiry, or by signing an MSA or SOW. If you are accepting on behalf of a company, you confirm that you have authority to bind that company.
Bindongtech provides digital-marketing services to business clients. Each engagement is governed by an SOW that specifies scope, deliverables, KPIs, timeline and fees. Bindongtech will perform the Services with reasonable skill, care, and diligence consistent with industry standards.
We make no guarantee of specific commercial outcomes such as lead volume, cost-per-lead, revenue, or ROAS. Any projections shared during discovery are good-faith estimates based on the data available at that point.
To enable us to deliver the Services, you agree to:
Delays attributable to the Client (missed approvals, missing assets, late account access) may extend timelines and are not considered Bindongtech’s default.
Fees are specified in each SOW. Unless otherwise agreed:
All fees are exclusive of applicable taxes, which are payable by the Client.
On full payment of the relevant invoices, the Client owns the final Deliverables produced specifically for them under the SOW. Bindongtech retains ownership of:
Bindongtech grants the Client a worldwide, royalty-free licence to use the Deliverables for their intended business purpose. Neither party may use the other’s trademarks without prior written consent, except that Bindongtech may identify the Client as a customer in client lists, case-study materials, and pitches, unless the SOW says otherwise.
Each party will (a) hold the other party’s Confidential information in confidence, (b) use it only for the purpose of performing the SOW, and (c) protect it with at least the same degree of care it uses for its own confidential information, and in any event no less than reasonable care. Confidentiality obligations survive for five years after termination, or perpetually for trade secrets.
Where Bindongtech processes personal data on the Client’s behalf, the parties enter into a Data processing agreement ("DPA") which forms part of the engagement. Each party will comply with applicable data-protection laws, including the GDPR, UK GDPR, CCPA and CPRA where in scope. Our handling of personal data on this website and in marketing is set out in the Privacy policy.
Bindongtech warrants that the Services will be performed (a) with reasonable skill and care, (b) by qualified personnel, and (c) in compliance with applicable laws. Each party warrants that it has the right to enter into the SOW and to grant the rights granted in it.
Except as expressly stated, the Services and this website are provided "as is" without further warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by law.
Neither party excludes or limits liability for (a) fraud or fraudulent misrepresentation, (b) death or personal injury caused by negligence, or (c) any other liability that cannot lawfully be excluded.
Subject to the above, the total aggregate liability of each party in connection with an engagement, whether in contract, tort, or otherwise, is capped at the fees paid by the Client to Bindongtech under the relevant SOW in the 12 months preceding the event giving rise to the claim.
Neither party is liable for indirect, consequential, special, incidental or punitive damages, or for loss of profit, revenue, opportunity, goodwill, or anticipated savings, even if advised of the possibility of such loss.
The Client will indemnify Bindongtech against third-party claims arising from (a) materials, claims, or instructions the Client provides for use in campaigns, (b) the Client’s products or services advertised through the Services, or (c) the Client’s breach of applicable laws or platform policies. Bindongtech will indemnify the Client against third-party claims that the Deliverables, when used as intended, infringe such third party’s intellectual-property rights, subject to the liability cap in Section 10.
Each SOW runs for the term specified in it. After the initial term, the SOW continues on a rolling 30-day basis unless either party gives 30 days’ written notice of non-renewal. Either party may terminate the SOW with immediate effect on written notice if the other party (a) commits a material breach not cured within 14 days of notice, or (b) becomes insolvent.
On termination, the Client pays for Services performed and reasonable wind-down costs up to the termination date. Bindongtech provides handover materials and removes its access to the Client’s systems within 14 days.
Neither party is liable for delay or failure to perform caused by events outside its reasonable control, including acts of God, war, terrorism, pandemic, civil disorder, cyber-attack on third-party infrastructure, or government action. The affected party will notify the other promptly and use reasonable efforts to mitigate.
If a dispute arises, the parties’ senior business representatives will first meet (in person or remotely) within 14 days to attempt resolution in good faith. If unresolved within 30 days, either party may refer the dispute to confidential mediation under the rules of JAMS, seated in Lexington, Kentucky. Failing mediation, the dispute is subject to the exclusive jurisdiction of the state and federal courts located in Madison County, Kentucky.
End of terms · version 3.1 · 12 May 2026