This agreement applies as between you, the User of this Web Site and Dool Creative Agency Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
|“Content”||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;|
|“Company”||means Dool Creative Agency Ltd 71-75 Shelton Street, WC2H 9JQ, London, United Kingdom;|
|“Service”||means collectively any online facilities, tools, services or information that Dool Creative Agency Ltd makes available through the Web Site either now or in the future;|
|“System”||means any online communications infrastructure that Dool Creative Agency Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|“User” / “Users”||means any third party that accesses the Web Site and is not employed by Dool Creative Agency Ltd and acting in the course of their employment; and|
|“Web Site”||means the website that you are currently using (https://dool.agency or https://www.doolcreativeagency.co.uk) and any sub-domains of this site (e.g. subdomain) unless expressly excluded by their own terms and conditions.|
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Dool Creative Agency Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Dool Creative Agency Ltd.
- Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Dool Creative Agency Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site https://dool.agency or https://www.doolcreativeagency.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Dool Creative Agency Ltd. To find out more please contact us by email at [email protected].
You agree that, if you have provided the company with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Dool Creative Agency Ltd and (2) that you have brought to the attention of any such third party the Privacy Notice available on the company’s website or otherwise provided a copy of it to the third party. You agree to indemnify the company in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
The company makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The company accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, the company accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts the company’s liability for death or personal injury resulting from any negligence or fraud on the part of the company.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
The Customer agrees to pay at the time of placing the order. In the case of subscriptions, Customer agrees to automatically schedule future renewal payments to subscriptions to which it has registered, when it purchases services or monthly or annual plans. The Client will be notified prior to the expiration date of his plan or service, and also if the automatic payment could not be completed. The company reserves the right to cease services to the client if the client has not complied with the stipulated payment within the term.
The proof of purchase that corresponds to the purchase order will be available and can be viewed at company’s website in the section “My account”, “Orders” or sent later via email to the address provided by the customer.
The Customer must pay the amount corresponding to his order by payment through credit or debit card (Visa, Mastercard, Visa Electron and / or other similar cards).
The Client shall notify THE COMPANY of any improper or fraudulent charge on the card used for the purchases, by email or telephone, in the shortest possible time for THE COMPANY to make the appropriate arrangements.
The company has the maximum possible commercially available security measures in the sector. In addition, the payment process works on a secure server using SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted, which ensure that it is only intelligible for the Client’s computer and the Website’s. This way, when using the protocol SSL is guaranteed:
That the Client is communicating its data to the server center of THE COMPANY and not to any other that tries to impersonate it.
That between the Client and the server center of THE COMPANY the data are transmitted encrypted, avoiding its possible reading or manipulation by third parties.
Formalisation of orders
In some cases, subscription services may be canceled but not refunded, as the services provided can not be returned. Each case will be studied separately and the company will reserve the right to act as it deems convenient.
DOOL CARE TERMS AND CONDITIONS
The additional services hereinafter “Dool Care” are extra web maintenance and optimization services, which aim the constant care of a website and its pages for proper operation. Each plan details what services will be provided by The Company to the client, described in its entirety in the section dool.agency/dool-care where the client can register at any time.
All the web pages designed by The Company have all the necessary security measures to protect the data of the client and its visitors, however, in the event of having suffered a cyber attack or having lost data, due to human mismanagement by the client or any member of its team, or by third parties, the Company will not be responsible for its recovery or its restructuring or repair if the client had not contracted any Dool Care plan prior to the incident.
Dool Care: Backups
Dool Care plans offer three types of backups: monthly, weekly or daily. The client will not be able to choose which day the monthly or weekly backup will be made. Usually it will be done within 2 hours of activating the Dool Care service and will be repeated on the same day for monthly and weekly backups. The availability of the backup to restore will be 1 month.
Monthly Backup: 1 full backup will be performed on the day the Dool Care service was activated and will be available for 1 month from the date of completion. Example: A backup from January 2 will be available until February 2, having only 1 backup per month to restore.
Weekly Backup: 1 full backup will be made one day a week that will be available for 1 month, thus providing up to 4 full backups per month to restore. Example: A backup of Monday, March 6, one of Monday, March 13, one of March 20, and one of March 27, each with 1 month availability.
Daily backup: A full backup will be made, every day with an availability of 1 month.
The request for restoration from the backup must be made from the Client Area at https://d1.dooldesigns.com in the Tickets section, with the importance of Urgent, High, Medium or Low accordingly.
Dool Care: Request for Services
The customer may request content update services, restore from backups, request technical support, report errors or ask technical questions through the Customer Area at https://d1.dooldesigns.com in the Tickets section, classifying their request within of the platform according to the importance it deems necessary.
Dool Care: Monthly Report
The client will receive within the first 5 days of the month from the company, a monthly report with all the actions carried out on its website in the previous month, according to the services corresponding to the purchased plan.
Dool Care: Payment and Refunds
The payment method is detailed at dool.agency/dool-care according to the plan. In case of requesting the termination of the service, the client must communicate it at least 30 days in advance in writing to: [email protected]
The Company reserves the right to deny a monetary refund if more than 20 calendar days have passed since its acquisition. If the client in an annual billing plan communicates his desire to unsubscribe from Dool Care services after 6 months from activation: the Company will evaluate the case and may refund him with up to 3 months of service, excluding operational costs of the monetary refund such as taxes paid. The refund of the amount, if applicable, will be made within 30 calendar days counting from the date of the withdrawal of services.
Dool Care: Pay Per Incident (PPI)
For clients who are not adhered to any Dool Care plan and who require any of the services offered in Dool Care, (except for backups, SEO, Uptime Monitoring and Monthly Report), they can purchase a “Pay Per Incident” from now on, “PPI” that has a price of € 75.00 per hour and that will be paid when requesting the service.
The number of final hours that will be necessary to carry out the PPI will be agreed with the client at the time of requesting the service.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and the company shall be governed by and construed in accordance with the Law of England and Wales and the company and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.