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Terms & Conditions
DOBCS Ltd (dobcs.com / derekobrien.uk)
1. INTERPRETATION
1.1 Definitions:
Business Day: Any day other than a Saturday, Sunday, or public holiday in England when banks in London are open for business.
Charges: The fees payable by the Client for the Services in accordance with Clause 5.
Client: The person or entity that contracts DOBCS Ltd for Services.
Confidential Information: Any business, financial, technical, or other proprietary information disclosed by one party to the other.
Contract: The legally binding agreement between DOBCS Ltd and the Client, governed by these Terms and Conditions.
Control: As defined in section 1124 of the Corporation Tax Act 2010.
Credit Limit: The total amount of credit extended to the Client based on payment history and work volume.
Data Controller: As defined in the UK GDPR.
Data Processor: As defined in the UK GDPR.
Data Protection Legislation: Includes the UK GDPR, Data Protection Act 2018 and related laws.
Force Majeure: An event beyond DOBCS Ltd's reasonable control preventing performance of obligations.
Intellectual Property Rights: All patents, copyrights, trademarks, trade secrets and related rights.
Services: The professional development, maintenance, hosting, security, audits and compliance services provided by DOBCS Ltd.
Client Default: The Client's failure to fulfill obligations, which may result in service suspension or termination.
Engagement Letter: A document outlining the specific terms, services and conditions governing the agreement.
Hosted Data: Web pages, content, databases, mailboxes and IT services residing on DOBCS Ltd's infrastructure.
Service Level Agreement (SLA): The agreed performance standards for service availability, response times and issue resolution.
Data Transfer Safeguards: Protection measures for any Client data transferred outside the UK.
Subcontracting: The right of DOBCS Ltd to engage third party providers to fulfill contractual obligations.
2. BASIS OF CONTRACT
2.1 The Client's acceptance of a proposal, quote, or commencement of Services constitutes agreement to these Terms and Conditions.
2.2 Any additional terms proposed by the Client are void unless expressly agreed in writing by DOBCS Ltd.
2.3 The Engagement Letter prevails in case of any conflict with these Terms and Conditions.
3. SUPPLY OF SERVICES
3.1 DOBCS Ltd shall provide Services with reasonable skill, care and diligence in accordance with industry standards.
3.2 Any timeframes provided for the completion of Services are estimates and not binding unless explicitly agreed in writing.
3.3 The Client acknowledges that any website related work may involve scheduled maintenance, security updates and other interventions that may temporarily affect accessibility. Notifications will be provided for planned maintenance where possible.
3.4 DOBCS Ltd reserves the right to amend the Services to comply with legal and regulatory requirements.
3.5 Warranties:
- Services will be performed professionally and in compliance with legal standards.
- The Client remains responsible for any defects arising from third party software or Client provided content.
3.6 Changes to Services:
- DOBCS Ltd may modify or discontinue certain services with prior notice to the Client where feasible.
4. CLIENT OBLIGATIONS
4.1 The Client shall:
- Provide DOBCS Ltd with accurate information and timely feedback.
- Ensure any third party integrations or content provided to DOBCS Ltd comply with applicable laws.
- Obtain any necessary rights, licenses, or permissions for materials supplied to DOBCS Ltd.
- Maintain security best practices for any hosted websites, plugins, or access credentials.
- Accept full responsibility for third party services, software and plugins used in conjunction with DOBCS Ltd's services.
4.2 The Client shall not use the Services for any unlawful or unethical purposes, including but not limited to distributing malicious software, spamming, or hosting prohibited content.
5. CHARGES AND PAYMENT
5.1 The Client shall pay the Charges as per the agreed pricing structure outlined in the proposal or contract.
5.2 Payment is due within 30 days of invoice issuance unless otherwise specified.
5.3 Late payments may result in suspension of Services and will accrue interest at 10% per annum above the Bank of England base rate.
5.4 DOBCS Ltd reserves the right to adjust the Charges annually.
5.5 Credit Limits may be adjusted based on the Client's payment history and contractual obligations.
5.6 Refunds and dispute handling shall be subject to DOBCS Ltd's refund policy, with any disputes requiring written notice within 14 days of invoice issuance.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All Intellectual Property Rights in the work produced by DOBCS Ltd remain the property of DOBCS Ltd until full payment is received.
6.2 The Client grants DOBCS Ltd a non-exclusive, royalty free license to use the Client's name and logo for promotional purposes unless otherwise requested in writing.
6.3 The Client indemnifies DOBCS Ltd against any Intellectual Property Rights claims arising from third party content.
6.4 Supplier Materials remain the property of DOBCS Ltd and must be returned or deleted upon contract termination unless otherwise agreed.
7. DATA PROTECTION AND PRIVACY
7.1 Both parties shall comply with the UK General Data Protection Regulation (UK GDPR) and relevant data protection laws.
7.2 DOBCS Ltd processes Client data only for the purpose of fulfilling contractual obligations and in accordance with its Privacy Policy.
7.3 The Client acknowledges that DOBCS Ltd may use third party data processors where necessary.
7.4 The Client is responsible for ensuring the legality of personal data provided to DOBCS Ltd.
7.5 Any transfer of Client data outside the UK will be subject to adequate safeguards as required by data protection laws.
7.6 Data Retention: DOBCS Ltd will retain Client data for a defined period after contract termination, in accordance with applicable laws.
8. LIMITATION OF LIABILITY
8.1 DOBCS Ltd shall not be liable for:
- Indirect or consequential loss, including lost profits or business interruptions.
- Issues arising from third party services or software used by the Client.
- Security breaches caused by the Client's failure to implement recommended measures.
- Service interruptions caused by third party hosting providers, force majeure, or network failures.
9. TERMINATION
9.1 Either party may terminate the Contract with 30 days’ written notice.
9.2 DOBCS Ltd may terminate Services immediately if the Client fails to pay outstanding invoices, engages in unlawful activities, or breaches these Terms.
9.3 Upon termination, all outstanding payments shall become immediately due and DOBCS Ltd may cease all work and revoke access to any unpaid deliverables.
9.4 The Client shall return any DOBCS Ltd materials immediately upon termination.
10. FORCE MAJEURE
10.1 DOBCS Ltd shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to natural disasters, cyber attacks, or government restrictions.
11. GENERAL
11.1 Marketing and Case Studies: DOBCS Ltd may use Client work for promotional purposes unless otherwise agreed in writing.
11.2 Severability Clause: If any provision of this Contract is found invalid, the remaining provisions shall continue in full force.
11.3 Governing Language: This Contract shall be interpreted in English.
By using the Services of DOBCS Ltd, the Client acknowledges and agrees to these Terms and Conditions.