1. Acceptance of terms
These Terms & Conditions (“Terms”) form an agreement between you (“you”, “Client”) and Dizaly (“we”, “us”, “our”). By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
2. Use of services
We provide professional digital services as described on our website or in any written quote or statement of work issued to you. You agree to use our services and our website only for lawful purposes and in accordance with these Terms.
3. Fees and payment
Fees for our services are set out in the quote or invoice we send you. You agree to pay all undisputed amounts by the due date stated on the invoice. Specific payment terms, currencies, refund eligibility, and late-payment consequences are governed by the quote or invoice and supersede any conflicting statements made elsewhere.
4. Client obligations
You agree to provide accurate information and any materials, access, or approvals we reasonably need to perform our services. Delays caused by missing or inaccurate information from you may affect timelines and are not grounds for a refund.
5. Intellectual property
All content, designs, code, and other materials we create for you remain our property until full payment is received for the corresponding work, at which point ownership of the final deliverables transfers to you. We retain ownership of our pre-existing tools, processes, and know-how. Unless you object in writing, we may reference our engagement in our portfolio and case studies.
6. Third-party services
Our services may rely on or integrate with third-party platforms and tools. We are not responsible for the availability, performance, fees, or policies of those third parties.
7. Disclaimer of warranties
Our services and website are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific outcomes, rankings, revenue, or business results.
8. Limitation of liability
To the maximum extent permitted by law, our total liability arising out of or in connection with these Terms or our services is limited to the amount you actually paid us for the specific service giving rise to the claim. We are not liable for any indirect, incidental, consequential, or punitive damages, or for loss of profits, data, or business opportunities.
9. Termination
Either party may terminate an engagement on written notice if the other party materially breaches these Terms and fails to remedy the breach within a reasonable period. On termination, you remain responsible for fees owed for services performed up to the termination date.
10. Governing law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any dispute arising under these Terms shall be brought exclusively in the state or federal courts located in Delaware, and the parties consent to that jurisdiction.
11. Changes to these terms
We may update these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent revision. Your continued use of our services after a revision constitutes acceptance of the revised Terms.
12. Contact
If you have any questions about these Terms, contact us at hello@dizaly.com.