Dolia Design Ltd may amend these Terms and Conditions, including our privacy policy, at any time by reasonable notice, including without limitation by posting revised terms on our website at the URL: www.doliadesign.co.uk. Any such modification will be effective immediately upon public posting. Your continued use of our service following any suchmodification constitutes your acceptance of the modified terms.
1. Introduction
These Terms and Conditions (“Terms”) govern all services provided by Dolia Design Ltd (“we,” “us,” “our”) to you (“Client”). By engaging our services, you agree to comply with these Terms.
2. Modification of Terms
We may amend these Terms at any time by providing a minimum of 14 days’ notice via email or through our website. Continued use of our services after changes constitutes acceptance of the revised Terms.
3. Fees and Payment
3.1. Invoices are payable within 30 days of issuance unless otherwise agreed in writing.
3.2. For project work, we require 50% payment upfront, with the remaining 50% due upon project completion or within 10 weeks from the start date, whichever occurs first.
3.3. Invoices for project deposits are payable upon receipt of invoice unless otherwise agreed in writing.
3.4. Invoices for project balance payments are payable upon receipt of invoice unless otherwise agreed in writing.
3.5. Invoices for recurring services (including Partner Plans, Maintain Plans and Host+ Plans) are issued on the first day of the month.
3.6. Late payments may incur interest at 5% above the Barclays Bank base lending rate, calculated daily and compounded monthly.
3.7. We reserve the right to suspend services if payments are overdue by more than 30 days.
4. Intellectual Property Rights
4.1. Upon full payment, ownership of deliverables created for you will transfer to you.
4.2. We retain ownership of pre-existing materials, frameworks, and tools used during the project unless otherwise agreed in writing.
4.3. You agree to indemnify us against any claims arising from the use of materials provided by you that infringe third-party intellectual property rights.
5. Data Privacy and GDPR
5.1. We will comply with the General Data Protection Regulation (GDPR) when processing personal data on your behalf.
5.2. You remain the Data Controller for all personal data provided. A Data Processing Agreement (DPA) is available upon request.
5.3. We are not liable for any non-compliance with data protection regulations resulting from actions or omissions by you.
6. Project Delivery
6.1. We will use reasonable endeavours to meet agreed deadlines. However, delays caused by your failure to provide required materials or feedback in a timely manner are not our responsibility.
6.2. If a project is delayed by more than 30 days due to your inaction, we reserve the right to terminate the contract and invoice for work completed to date.
6.3. Variations
• Website Design & Build Phase: Our Website Design & Build phase is flexible and allows for minor variations to the original scope of work. However, major deviations from the brief may incur additional charges. These will be discussed with you beforehand to ensure transparency.
• Brand Design: Before starting your brand identity project, we will communicate the number of variations or concepts to be delivered. Adjustments to these concepts are included in the process. However, additional charges may apply if new concepts need to be created, and this will be discussed and agreed upon prior to commencement.
7. Recurring Services
7.1. Hours included within our monthly packages, including Partner Plans and Maintain Plans, cannot be carried forward to the following month and are reset on the first day of the month.
8. Website Hosting and Maintenance
8.1. We provide hosting services with a target uptime of 99.95%, excluding scheduled maintenance and factors outside our control (such as internet outages or third-party service interruptions).
8.2. Any licensed software included in your website may require annual renewal, for which you are responsible unless otherwise agreed.
8.3. If hosting with Dolia Design Ltd, your website will be automatically backed up daily. As standard, backups are kept for 7 days.
8.4. If you are hosting your website via a third party, you are responsible for maintaining your own website backups and we will not be liable for restoring any client data or websites.
8.5. You are responsible for registering and renewing your domain name unless explicitly stated in our agreement. If we manage your domain, renewal reminders and associated costs will be communicated in advance.
9. Search Engine Optimisation (SEO)
9.1. While we employ best practices, we do not guarantee specific search engine rankings due to factors beyond our control.
9.2. We are not responsible for penalties or changes in rankings caused by third-party actions or algorithm updates.
10. Limitation of Liability
10.1. To the extent permitted by law, our liability is limited to the amount you have paid for the services in the 12 months preceding the claim.
10.2. We are not liable for indirect, consequential, or incidental damages, including loss of profit, revenue, or data.
11. Termination
11.1. Either party may terminate services by providing 30 days’ written notice.
11.2. Upon termination, you must pay for all work completed up to the termination date.
11.3. Refunds for deposits or prepayments are not available unless agreed in writing.
12. Force Majeure
We are not liable for delays or failure to fulfil our obligations due to events beyond our reasonable control, including natural disasters, strikes, or government actions.
13. Governing Law and Dispute Resolution
13.1. These Terms are governed by the laws of England and Wales.
13.2. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.
13.3. Before pursuing legal action, parties agree to attempt mediation in good faith.
14. General
14.1. These Terms represent the entire agreement between you and Dolia Design Ltd, superseding any prior agreements.
14.2. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.
14.3. Confidentiality
Both parties agree to keep confidential any proprietary or confidential information shared during the course of the engagement and not to disclose it to any third party without prior written consent.
14.4. Third-Party Services
Where services or products are provided by third parties, we are not responsible for their performance, quality, or any associated liabilities.
14.5. Subcontracting
We reserve the right to assign or subcontract any part of our services to suitably qualified third parties.
14.6. No Waiver
Failure by either party to enforce any right under these Terms shall not be deemed a waiver of that right.