Terms & Conditions

Application and Entire Agreement

These Terms and Conditions govern the provision of services detailed on our website (“Services”) by DAK Digital, referred to as “we”, “us”, or “Service Provider”, to the client purchasing the services, referred to as “you”, “Client”, or “Customer”. By inquiring about or using our Services, you agree to these Terms and Conditions, forming the entire agreement between us (“the Contract”). You acknowledge that you have not relied on any external statements or representations in entering this Contract, which excludes any additional terms you may try to impose.

Interpretation

• A “business day” refers to any day other than a Saturday, Sunday, or UK bank holiday.
• The use of singular terms includes the plural, and vice versa.

Services

We guarantee that we will perform the Services with reasonable care and skill. If necessary to comply with laws or safety requirements, we may make changes to the Services and will notify you if this occurs. While we aim to meet agreed-upon deadlines, time is not considered “of the essence” in this Contract unless otherwise specified. These Terms and Conditions apply to both goods and Services unless otherwise stated.

Your Obligations

You must provide all necessary permissions, consents, materials, and access required for us to deliver the Services. Failure to do so allows us to terminate the agreement, and all outstanding payments will be due immediately. We are not responsible for delays or failures caused by your failure to comply with these obligations.

Fees and Retainers

Service fees are charged at the agreed rate and will be collected via Direct Debit. Manual invoice payments are available with a minimum six-month commitment due to additional administrative work. Retainer agreements will automatically renew unless we receive written notice of cancellation at least 30 days before the renewal date for retainers of 3 months, 6 months, or annual durations. In addition to service fees, we may recover incidental expenses (e.g., travel, accommodation), third-party service costs, and materials necessary for service provision. Additional services not listed on our website will be billed separately according to our current rates.

All fees are exclusive of VAT and applicable taxes. The first payment is due upon signing the Contract and is non-refundable unless we fail to provide the Services due to our fault.

Cancellation and Amendment

We reserve the right to withdraw, cancel, or amend a retainer agreement if it has not been accepted or if Services have not commenced. Both parties can cancel an order as specified in the Contract. If specialist services are required, additional fees may apply, and changes will be communicated to you. Early cancellation of a project will incur a charge of at least 50% of the total project cost, or the total outstanding balance, whichever is greater. If more than 75% of the project is completed, full payment is required.

Payment

Payments for Services are due upon signing the Contract and at subsequent renewal periods. For bespoke or additional services, payment requirements will be detailed in a separate quotation. Payment must be made in full by the due date on our invoice, and interest will be charged at 4% above the Bank of England base rate for late payments. Non-payment may result in the suspension of Services and referral to a debt collection agency. We adjust our prices annually by 3% above the inflation rate in the UK.

Sub-Contracting and Assignment

We reserve the right to assign, transfer, subcontract, or delegate any part of our obligations under this Contract. You may not do so without our prior written consent.

Termination

We may terminate the Contract immediately if you breach its terms, fail to pay due amounts, or become subject to insolvency proceedings.

Intellectual Property

We retain all intellectual property rights for goods or materials supplied in connection with the Services. Any infringement of these rights may result in legal action.

Liability and Indemnity

Our total liability is limited to the total fees payable under the Contract. We are not liable for indirect or consequential losses, including loss of profits, business interruption, or data loss, nor for delays caused by events beyond our control or your failure to meet your obligations.

You agree to indemnify us against any claims, damages, or costs arising from your misuse of our equipment or failure to comply with your obligations.

Nothing in this Contract limits our liability for death, personal injury, or fraud caused by our negligence.

Data Protection

We act as a “data processor” in relation to your personal data, and you as the “data controller” under GDPR. We will only process personal data as required to deliver the Services and will not retain it longer than necessary. We will not disclose personal data to third parties except under strict conditions or as required by law. Our approach to data protection is detailed in our Data Protection Policy, available on our website.

Circumstances Beyond a Party’s Control

Neither party is liable for delays or failures to perform due to causes beyond reasonable control, such as natural disasters, war, or governmental actions. If such delays last for more than 90 days, either party may terminate the Contract.

Communications

All notices must be in writing and delivered by courier, fax, or email to the most recent address provided by the other party. Notices will be deemed received upon delivery, transmission, or within five business days of posting.

No Waiver

Failure to enforce any provision of these Terms and Conditions does not constitute a waiver of that provision or any other right.

Severance

If any part of these Terms and Conditions is found to be unlawful or unenforceable, the remaining terms will remain in effect.

Law and Jurisdiction

This Contract is governed by the laws of England and Wales, and any disputes will be subject to the exclusive jurisdiction of the English and Welsh courts.