Terms and Conditions for Didgeheads (Work That Limited)
Welcome to Didgeheads
These Terms and Conditions ("Terms") govern your access to and use of the services provided by Didgeheads, a digital marketing and SEO service operated by Work That Limited ("Company", "we", "us", or "our"). By accessing our website, www.didgeheads.com, and using our services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree with any part of these Terms, you are prohibited from using our services.
1. Acceptance of Terms
Your access to and use of our services is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use our services.
2. Service Use
a. Eligibility: You affirm that you are over the age of 18 and have the legal capacity to enter into these Terms. If you are using the services on behalf of an organisation or entity, you represent that you have the authority to bind such organisation to these Terms.
b. Account Registration: You may be required to register for an account to access certain features of our services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
c. User Conduct: You agree not to use the services:
For any unlawful purpose or in violation of any local, state, national, or international law.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
To submit false or misleading information.
To upload or transmit viruses or any other type of malicious code.
3. Intellectual Property Rights
The service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Work That Limited and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Work That Limited.
4. User Content
a. Rights in User Content: You retain any and all of your rights to any content you submit, post, or display on or through the service and you are responsible for protecting those rights.
b. Licence to Use: By posting content using the service, you grant us the right and licence to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the service.
5. Disclaimers
Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. The service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
6. Limitation of Liability
In no event shall Work That Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorised access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
7. The fees for the services will be determined as outlined in the Statement of Work or as mutually agreed upon in writing by both the Provider and the Client. Should there be no specific agreement regarding the fees for services rendered, they will be billed on a time and materials basis at the Provider's standard rate of £250 per hour.
The Client is required to pay upon request and cover the Provider against all costs incurred from third parties.
Furthermore, the Client must compensate the Provider for any reasonable and appropriately incurred expenses (excluding costs from third parties) in the delivery of the Services. The Provider commits to making a reasonable effort to pre-approve any such expenses with the Client.
Unless otherwise agreed, the Provider will issue invoices to the Client for fees and for expenses on a monthly basis, in arrears.
The Client is obligated to settle each invoice:
(a) within 30 days from the invoice date or according to any terms specifically agreed upon and confirmed in writing by the Provider; and
(b) in full, with cleared funds, to a bank account designated by the Provider in writing, with the timing of payment being crucial to the agreement.
The Client acknowledges that all payments due under the agreement do not include value-added tax (VAT), which will be charged additionally where applicable. In instances where a VAT-applicable supply is made by the Provider to the Client under the agreement, the Client will, upon receiving a valid VAT invoice from the Provider, pay the Provider any additional VAT amounts charged on the service provision at the same time as the service payment is due.
Should the Client not meet the payment deadline set by the Provider under the agreement, the Provider, without limiting its potential remedies as per clause 9, reserves the right to halt the service provision. Additionally, the Client will incur interest on the overdue amount from the due date until the payment is made. This interest will accumulate daily at an annual rate of 5% above the Bank of England's base rate, but will be fixed at 5% per annum whenever the base rate falls below 0%.
All payments under the agreement must be made in full, without any deductions, counterclaims, or withholdings, except as required by law for tax deductions or withholdings.
8. Amendments to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
10. Contact Us
If you have any questions about these Terms, please contact us at hello@didgeheads.com.