Terms And Conditions
This page provides information about Daissake Agency and the legal terms and conditions under which we offer our services to the client.
These terms and conditions apply to any contract concluded between us and the client for the provision of our services. Please read these terms and conditions carefully before requesting any services from us. These terms and conditions are effective as of February 27, 2024.
1. Definitions:
In these Terms and Conditions, the following terms are defined as follows:
- Business Day: A day that is not Friday or a public holiday observed by Muslims.
- Fees: The amounts we charge for providing our services, including website creation packages.
- Component: Refers to each individual part within the website creation packages as detailed in Clause 4.
- Congratulatory Email: The email sent to confirm the publication of the client’s website.
- Contract: The agreement entered into between us and the client for the provision of our services.
- Eligibility Criteria: The criteria set out in Clause 3, which may be updated from time to time and must be met continuously by the client to qualify for our services.
- Initial Period: As defined in Clause 5.
- Intellectual Property Rights: Includes patents, rights to inventions, copyrights and related rights, trademarks, trade names, domain names, trade dress rights, goodwill and the right to sue for passing off, design rights, database rights, rights in the use and protection of confidential information (including know-how), and all other intellectual property rights (whether registered or unregistered) that exist or will exist now or in the future anywhere in the world—including all applications for registration, renewals, extensions, and priority rights.
- Sale Date: As specified in Clause 5.
- Website: The website that we will design and publish for the client in accordance with these Terms and Conditions.
- Website Content: Refers to all materials (text, images, logos, videos, or audio files) provided by the client to be included on their website in accordance with these Terms and Conditions.
- Website Creation Packages: Refers to the package we offer for website creation and hosting as specified in Clause 4.
2. About Us & Contact Information
2.1 About the Agency: Daissake Agency is registered in England and Wales under registration number 10482945. Its registered office is located at: The Barn, Redfields Stables, Redfields Lane, Fleet GU52 0RB.
2.2 Contact Information: To contact us, you can:
- Call us at 0800 011 9820
- Email us at [email protected]
3. Eligibility Criteria
3.1 By entering into a contract with us, the client acknowledges and warrants that:
(a) They are purchasing our services exclusively for use in connection with their business or professional activities and not for personal use.
(b) They have the necessary authority to represent any business entity utilizing our services.
4. Website Creation Packages & Components
4.1 The website creation package consists of the following components:
(a) Registered .com Domain Name:
We purchase, manage, renew, and host domain names on behalf of the client until the contract expires or is terminated. The domain name remains the client’s property, and they can transfer it at no additional cost if there are no outstanding debts. If the client wishes to change the domain name, a new registration fee of $15 per year will apply.
(b) Professional Email Accounts:
These are created, managed, and renewed by us throughout the contract period. We are not responsible for the content of the client’s email communications.
(c) Full Hosting & Maintenance Services:
We host the client’s website on third-party servers. While we strive to ensure continuous operation, downtime may occur due to factors beyond our control (such as maintenance or technical failures). In such cases, we will notify the client via email and work to restore service as quickly as possible.
(d) Website Design & Publishing:
Upon receiving the website content as per Clause 7, we will design and publish the client’s website and send a Congratulatory Email to confirm its launch.
(e) Website Listing:
The client’s website will be listed on major search engines (such as Google), but we do not guarantee specific ranking positions.
(f) Website Content Modifications:
Once published, the website is considered complete. However, the client may request one monthly modification to existing content (without adding new elements), in accordance with our fair usage policy.
4.2 We may offer additional services under specific terms, which will be presented to the client at the time of the offer.
5. Contract Formation & Duration
5.1 Receiving the client’s acceptance via email does not constitute order confirmation. The order is only accepted when our agency sends an email confirming our acceptance of the request.
5.2 The sale date is defined as the date on which we send the email confirming acceptance of the order.
5.3 The client selects the contract duration at the time of registration from the following options:
(a) 12-month contract (1 year) – with the option to pay either in full upfront or via a monthly payment plan.
(b) 24-month contract (2 years) – with the option to pay either in full upfront or via a monthly payment plan.
5.4 Upon initial registration, the client must prepay two installments (2 months) to cover the costs of hosting, domain registration, and project initiation. This advance payment is non-refundable and is not counted toward future monthly payments.
5.5 If the client chooses the monthly payment plan, the remaining contract fees must be paid on a monthly basis starting from the third month.
5.6 If the client opts to pay the full contract amount upfront (whether for 12 months or 24 months), the total amount must be paid in advance.
5.7 The contract will not renew automatically. Renewal is a separate agreement that must be mutually agreed upon by both parties. Any changes to the terms and conditions or service packages will be communicated in advance.
6. Contract Termination & Withdrawal
6.1 We may terminate the contract in whole or in part immediately by written notice in the following cases:
(a) If the client commits a material breach that cannot be remedied, or if it can be remedied but the client fails to correct it within 14 days of receiving notice.
(b) If the client repeatedly violates these terms in a way that demonstrates a lack of compliance.
(c) If the client ceases business operations or becomes unable to pay debts when due.
(d) If bankruptcy, liquidation, or similar proceedings are initiated against the client.
(e) If we are affected by circumstances beyond our control, making it impossible to fulfill our obligations under the contract.
6.2 We may also terminate the contract immediately by written notice if we upgrade, modify, or discontinue services in a way that prevents us from meeting our commitments. In such a case, a partial refund will be issued for the unused contract period.
6.3 The client has the right to terminate the contract at any time, with the termination becoming effective at the end of the month in which the cancellation request is submitted.
The two-month upfront payment made at registration is non-refundable, even if the client withdraws from the contract within the first or second month.
6.4 We reserve the right to withdraw or add any service within the package or any related promotional offer at any time without prior notice. However, we commit to fulfilling any contracts already in place before the withdrawal or addition.
7. Website Content & Intellectual Property Rights
7.1 The client must provide us with all website content by the agreed-upon deadline via our email: [email protected].
7.2 The client retains intellectual property rights over the content they provide.
We retain intellectual property rights over the materials and services we develop and provide to the client.
7.3 The client must obtain permission to use any third-party intellectual property rights included in the website content. By entering into this contract, the client guarantees that they have the legal right to submit such content.
7.4 Our agency is exempt from any liabilities, costs, or damages resulting from the client’s infringement of third-party intellectual property rights, except for materials provided by us.
7.5 The client’s website content—including any advertisements—must comply with all applicable laws, the contract terms, and our acceptable content standards. We reserve the right to suspend or terminate services if the content is found to be non-compliant.
7.6 We may monitor the client’s use of our services through the content displayed on their website.
8. Fees & Payment
8.1 Fees are paid based on the client’s selected contract duration as follows:
(a) Upon initial registration, the client must prepay two installments (2 months) to cover hosting, domain registration, and project initiation costs. This payment is non-refundable.
(b) If the client chooses the monthly payment plan, the remaining contract fees must be paid on a monthly basis after the initial two-month payment.
(c) If the client opts to pay in full for the entire contract duration (12 months or 24 months), the total amount must be paid upfront.
8.2 Payments must be made exclusively via credit card.
8.3 Fees are charged in USD ($) or EUR (€) only.
8.4 If the client fails to make a monthly payment on time, services may be suspended until payment is received. However, no late fees or interest charges will be applied.
9. Liability
9.1 Our services are provided for internal business use only, and the client agrees not to use them for resale purposes.
9.2 Nothing in these terms excludes or limits our liability for:
(a) Death or personal injury resulting from our negligence.
(b) Fraud or fraudulent misrepresentation.
(c) Breach of implied terms under the Sale of Goods Act 1979 (relating to ownership and enjoyment).
(d) Defective products under the Consumer Protection Act 1987.
9.3 Except as stated in Clause 9.2, we are not liable for:
(a) Loss of profits, sales, business, or revenue (including losses due to domain expiration, technical failures, or website removal).
(b) Loss of or damage to data, information, or software.
(c) Loss of anticipated savings.
(d) Loss of or damage to business reputation.
9.4 We are not liable for any indirect or consequential losses.
9.5 We are not liable for any losses or damages related to the content of the client’s website.
9.6 Except as explicitly stated, we do not provide warranties or guarantees regarding our services, including fitness for a particular purpose.
10. Customer Service
10.1 The client will receive an immediate confirmation email upon submitting any customer service request to [email protected].
10.2 We aim to respond to customer service requests within 24 hours. If this is not possible, we will respond within a maximum of 48 hours.
10.3 We make reasonable efforts to resolve customer service requests within 48 hours after sending the initial response.
11. Complaints
11.1 A complaint is defined as any expression of dissatisfaction regarding any aspect of our services. In handling complaints, we:
(a) Provide a clear and fair complaint procedure.
(b) Train our staff on how to handle complaints effectively.
(c) Investigate all complaints fairly and promptly.
(d) Use feedback to improve our services.
11.2 All complaints should be sent to [email protected]. We aim to respond within 24 hours. If this is not possible, we will respond within a maximum of 5 days.
12. Modification of Terms & Conditions
12.1 We may modify these Terms & Conditions at any time. Clients will be notified via email or other appropriate means before any changes take effect.
12.2 If any modifications are made to the terms, conditions, or service packages, clients will be given prior notice.
12.3 Each time a client places a new order, the terms and conditions in effect at that time will apply to the contract.
13. Entire Agreement
13.1 These Terms & Conditions constitute the entire agreement between us and the client, superseding all prior agreements (whether written or verbal).
13.2 The client acknowledges that they have not relied on any representation or warranty that is not expressly stated in these documents.
13.3 Both parties agree not to bring any claims for misrepresentation or negligent statements based on any statement made in this contract.
14. Third-Party Rights
This contract is between the client and us only. No third party has the right to enforce any of its terms.
15. Assignment
15.1 We may assign our rights and obligations under the contract without affecting the client’s rights.
15.2 The client may not assign or transfer the contract or any of their rights without our prior written consent. Any unauthorized assignment or transfer will be considered void.
15.3 Any authorized assignment will be binding on both parties and their legal successors.
16. Waiver of Rights
Failure to enforce any provision of this contract does not constitute a waiver of our right to enforce it later. All waivers must be in writing to be legally binding.
17. Governing Law & Jurisdiction
17.1 This contract, and any dispute or claim arising from it (including non-contractual disputes), shall be governed by and interpreted in accordance with the laws of England and Wales.
17.2 Both parties agree that the courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising from this contract.