Last update: June, 2026
1. Agreement to Terms
These Terms of Service (“Terms”) govern your access to and use of esmakdigital.com (the “Site”) and any services or digital products (“Kits”) offered by Esmak Digital (“Esmak Digital,” “we,” “us,” or “our”). By accessing the Site, purchasing a Kit, or engaging us for a service, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.
2. Who We Are
Esmak Digital Solutions Hub is a digital agency providing e-commerce development, mobile app development, marketplace development, store management, and product sourcing services, alongside instant-download digital Kits available through our Shop.
3. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Site, purchase a Kit, or engage our services.
4. Service Engagements
4.1 Scope. Each service engagement is scoped individually following an initial consultation. Deliverables, timeline, and price are agreed in writing — for example, by email or proposal — before work begins.
4.2 Changes in scope. Work outside the agreed scope may require an additional quote and timeline adjustment.
4.3 Client cooperation. Timely delivery depends on you providing requested materials, access, feedback, and approvals. Delays on your part may extend the project timeline accordingly.
5. Digital Products (Kits)
5.1 All Kits sold through our Shop are virtual and downloadable. There is no physical shipment.
5.2 Upon successful payment, Kits are delivered instantly via download link and/or email.
5.3 License. Purchasing a Kit grants you a non-exclusive, non-transferable license to use it for your own business or personal project. You may not resell, redistribute, sublicense, or share Kits, in whole or in part, with third parties.
6. Payments
6.1 All payments on the Site are processed through Payonus, our sole payment gateway. We do not directly process or store your card or bank details.
6.2 Prices are listed in U.S. Dollars (USD) unless otherwise stated and are due in full before a Kit is delivered, or as specified in the project proposal for service engagements (which may include deposits or milestone payments).
6.3 You are responsible for any taxes, duties, or currency conversion fees associated with your purchase.
7. No Refund Policy
7.1 All sales are final. Esmak Digital does not offer refunds, credits, or exchanges for any digital Kit or service engagement once a purchase is completed or work has commenced, except where required by applicable law.
7.2 Because Kits are virtual, downloadable, and delivered instantly, they are not eligible for return once access has been granted.
7.3 Deposits, retainers, and milestone payments made toward a service engagement are non-refundable once work has begun, regardless of project outcome, delay, or cancellation by either party, except where required by applicable law.
7.4 If you believe you were charged in error, contact support@esmakdigital.com within 7 days of the transaction. Billing errors, such as duplicate charges, will be reviewed and corrected at our discretion.
8. Intellectual Property
8.1 Kits. All content within a Kit — templates, designs, copy, frameworks — remains the intellectual property of Esmak Digital except where explicitly licensed to you under Section 5.3.
8.2 Service deliverables. Upon full and final payment for a service engagement, ownership of the specific deliverables created for you (for example, the final store, app, or marketplace build) transfers to you, excluding any pre-existing tools, code libraries, or frameworks owned by Esmak Digital or third parties, which remain licensed for your use within the delivered project.
8.3 Portfolio rights. We reserve the right to showcase completed work — screenshots, descriptions, case studies — in our portfolio and marketing materials, unless you request confidentiality in writing.
9. Third-Party Platforms
Our services may involve building on or integrating with third-party platforms, such as Shopify, WooCommerce, app stores, or Payonus. Esmak Digital is not responsible for the policies, downtime, fees, or changes made by these third-party platforms.
10. No Guarantee of Results
While we build stores, apps, and marketplaces designed to convert, Esmak Digital does not guarantee specific sales, traffic, revenue, or business outcomes. Results depend on factors outside our control, including market conditions, your product, and your marketing efforts.
11. Limitation of Liability
To the maximum extent permitted by law, Esmak Digital’s total liability for any claim arising from your use of the Site or our services is limited to the amount you paid for the specific Kit or service giving rise to the claim. We are not liable for indirect, incidental, or consequential damages, including loss of profits or data.
12. Termination
Either party may terminate a service engagement in writing. Sections 7 (No Refund Policy) and 8 (Intellectual Property) survive termination. We may suspend or terminate your access to the Site or Shop if we reasonably believe you have violated these Terms.
13. Confidentiality
Each party agrees to keep confidential any non-public business or technical information shared during a service engagement, and to use it only for the purpose of completing that engagement.
14. Governing Law
These Terms are governed by the laws of Nigeria, without regard to its conflict of law principles. Any dispute arising under these Terms will be resolved in the courts of that jurisdiction, unless otherwise required by applicable consumer protection law.
15. Changes to These Terms
We may update these Terms from time to time. Continued use of the Site after changes take effect constitutes acceptance of the revised Terms.
16. Contact Us
Questions about these Terms can be directed to support@esmakdigital.com.