1. Acceptance of Terms
By accessing and using the services provided by Digiboo, you agree to comply with and be bound by the following terms and conditions. If you do not agree to these terms, please refrain from using our services.
2. Services
Digiboo offers digital design services, including but not limited to graphic design, web design, and other related services. Digiboo is not a marketer and does not provide a marketing service.
3. Intellectual Property
All intellectual property rights related to the designs and content created by Digiboo shall remain the property of Digiboo unless otherwise specified in a written agreement. Clients are granted a non-exclusive license to use the designs for their intended purpose. Source files shall be provided to clients once payment has been cleared for the service provided. Intellectual property rights will also be released to the client at their request once all work is completed and relevant invoices have been paid in full.
4. Payment
Payment terms and conditions will be outlined in a separate agreement or invoice. Failure to make timely payments may result in the suspension of services or termination of the agreement.
5. Confidentiality
Digiboo agrees to keep client information confidential and to use it only for the purpose of providing the agreed-upon services.
6. Client Responsibilities
Clients are responsible for providing necessary information, materials, and feedback in a timely manner to facilitate the completion of the project. Delays caused by the client may result in adjustments to the project timeline.
7. Limitation of Liability
Digiboo is not liable for any indirect, incidental, or consequential damages arising out of the use or inability to use our services. Our liability is limited to the fees paid for the specific services provided.
8. Termination
Either party may terminate the agreement with written notice if the other party breaches any material term or condition. Upon termination, the client is responsible for payment for all services rendered up to the termination date.
9. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the UK legislation.
10. Changes to Terms
Digiboo reserves the right to modify these terms and conditions at any time. Clients will be notified of any changes, and continued use of our services constitutes acceptance of the modified terms.
Full T's & C's
Please read all of these Terms and Conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read
these Terms and Conditions to make sure that they contain all that you want and nothing that you are not happy with. If
you are not sure about anything, please contact us via our contact details located on our website: www.digiboo.co.uk.
Application
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These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We
are Digiboo a company registered in England.
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These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by
these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to
enter into a contract and are at least 18 years old.
Interpretation
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Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or
profession;
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Agreement means the legally-binding agreement between you and us for the supply of the Services;
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Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in
the Order;
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Durable Medium means paper or email, or any other medium that allows information to be addressed personally to
the recipient enables the recipient to store the information in a way accessible for future reference for a period that is
long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
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Goods means any goods that we supply to you with the Services, of the number and description as set out in the
Order;
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Order means the Customer's order for the Services from the Supplier as submitted following the step-by-step process
set out on the Website;
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Privacy Policy means the terms which set out how we will deal with confidential and personal information received
from you via the Website;
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Services means the services advertised on the Website, including any Goods, of the number and description set out in
the Order;
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Website means our website digiboo.co.uk on which the Services are advertised.
Services
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The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of
advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and
colour of any Goods supplied.
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In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any
information or specification you provide is accurate.
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All Services which appear on the Website are subject to availability.
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We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
We will notify you of these changes.
Customer Responsibilities
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You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and
representatives with access to any premises under your control as required, provide us with all information required to
perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
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Failure to comply with the above is a Customer default which entitles us to suspend the performance of the Services until
you remedy it or if you fail to remedy it following our request, we can terminate the agreement with immediate effect on
written notice to you.
Personal Information
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We retain and use all information strictly under the Privacy Policy.
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We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you
expressly agree to this.
Basis of Sale
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The description of the Services and any Goods in our website does not constitute a contractual offer to sell the
Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we
will try to tell you the reason without delay.
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The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting
the Order. It is your responsibility to check that you have used the ordering process correctly.
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An agreement will be formed for the Services ordered only when you receive an email from us confirming the Order (
Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us
immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an
Order you agree to us giving you confirmation of the agreement by means of an email with all information in it (ie the
Order Confirmation). You will receive the Order Confirmation within a reasonable time after agreeing the terms of the agreement,
but in any event not later than the delivery of any Goods supplied under the agreement, and before performance begins of any of the Services.
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Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless
we expressly withdraw it at an earlier time.
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No variation of the agreement, whether about the description of the Services, Fees or otherwise, can be made after it has
been entered into unless the variation is agreed by the Customer and the Supplier in writing.
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We intend that these Terms and Conditions apply only to an agreement entered into by you as a Consumer. If this is not the case,
you must tell us, so that we can provide you with a different agreement with terms which are more appropriate for you and which might,
in some respects, be better for you, eg by giving you rights as a business.
Fees and Payment
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The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or
other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in
writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
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Fees and charges include VAT at the rate applicable at the time of the Order.
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You must pay by submitting your credit or debit card details with your Order and we can take payment immediately
or otherwise before delivery of the Services.
Delivery
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We will deliver the Services, including any Goods, to the Delivery Location or email by the time or within the agreed period
or, failing any agreement:
in the case of Services, within a reasonable time; and
in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the
the agreement is entered into.
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In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to
reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid
above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees
or charges.
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In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to
any other remedies) treat the agreement as an end and exercise your right to cancel anytime.
If you exercise your right to cancel, you must adhere to our cancellation policy detailed on our website's pricing page.
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We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and
the Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import
duties or other taxes, as we will not pay them.
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You agree we may deliver the Goods in installments if we suffer a shortage of stock or other genuine and fair reason,
subject to the above provisions and provided you are not liable for extra charges.
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If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we
may charge the reasonable costs of storing and redelivering them.
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The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if
reasonably practicable, examine the Goods before accepting them.
Risk and Title
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Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
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You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards
your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by
you, in which case you must return them or allow us to collect them.
Withdrawal and Cancellation
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You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and
without giving us a reason, and without incurring any liability.
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This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others)
in the following circumstances:
goods that are made to your specifications or are clearly personalised;
goods which are liable to deteriorate or expire rapidly.
Right to Cancel
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Subject as stated in these Terms and Conditions, you can cancel this agreement anytime without giving any
reason.
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The cancellation period will expire 30 days from the day on which you acquire, or a third party, other than the
carrier, indicated by you, acquires physical possession of the last of the Goods. In an agreement for the supply of services
only (without goods), the cancellation period will expire 30 days from the day the agreement was entered into. In a
contract for the supply of goods over time (ie subscriptions), the right to cancel will be anytime after the agreement is entered into.
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To exercise the right to cancel, you must inform us of your decision to cancel this agreement by a clear statement
setting out your decision via email.
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We will communicate to you an acknowledgment of receipt of such a cancellation in a Durable Medium via email without delay.
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To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the
right to cancel before the cancellation period has expired.
Commencement of Services in the Cancellation Period
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We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless
you have made an express request for the service.
Effects of Cancellation in the Cancellation Period
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Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you,
including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than
the least expensive type of standard delivery offered by us).
Payment for Services Commenced During the Cancellation Period
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Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your
express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied,
ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to
what has been supplied in comparison with the full coverage of the agreement. This amount is to be calculated on the
basis of the total price agreed in the agreement or, if the total price were to be excessive, on the basis of the market
value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other
traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is
not supplied in response to such a request.
Deduction for Goods Supplied
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We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of
unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics
and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This
is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Returning Goods
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If you have received Goods in connection with the agreement which you have cancelled, you must send back the Goods
or hand them over to us at (contact us for return address) without delay and in any event not later than 14 days
from the day on which you communicate to us your cancellation of this agreement. The deadline is met if you send back
the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the
Goods.
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For the purposes of these Cancellation Rights, these words have the following meanings:
distance agreement means an agreement concluded between a trader and a consumer under an organised distance
sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer,
with the exclusive use of one or more means of distance communication up to and including the time at which the
agreement is concluded;
sales contract means an agreement under which a trader transfers or agrees to transfer the ownership of goods to a
consumer and the consumer pays or agrees to pay the price, including any agreement that has both goods and
services as its object.
Conformity and Guarantee
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We have a legal duty to supply the Goods in conformity with the agreement, and will not have conformed if it does not
meet the following obligations.
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Upon delivery, the Goods will:
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be of satisfactory quality;
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be reasonably fit for any particular purpose for which you buy the Goods which, before the agreement is made, you
made known to us (unless you do not rely, or it is unreasonable for you to rely, on our skill and
judgment) and be fit for any purpose held out by us or set out in the agreement; and
conform to their description.
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It is not a failure to conform if the failure has its origin in your materials.
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We will supply the Services with reasonable skill and care.
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We will provide the following after-sales service: Digiboo will make revisions to any project upon request. Such
revisions should be realistic of a 2-day time period. Revisions deemed not achievable by Digiboo representatives
during this time period may be rejected. No compensation shall be given as part of a rejected revision. However, a
more achievable suggestion shall be provided.
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In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our
behalf, about us or about the Services, is a term of the agreement (which we must comply with) if you take it into
account when deciding to enter this agreement, or when making any decision about the Services after entering into this
agreement. Anything you take into account is subject to anything that qualified it and was said or written to you by us or
on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering
this agreement or later).
Duration, Termination and Suspension
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The agreement continues as long as it takes us to perform the Services.
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Either you or we may terminate the agreement or suspend the Services at any time by a written notice of termination or
suspension to the other if that other:
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commits a serious breach, or series of breaches resulting in a serious breach, of the agreement and the breach either
cannot be fixed or is not fixed within 30 days of the written notice; or
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is subject to any step towards its bankruptcy or liquidation.
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On termination of the agreement for any reason, any of our respective remaining rights and liabilities will not be
affected.
Successors and Our Sub-Contractors
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Either party can transfer the benefit of this agreement to someone else and will remain liable to the other for its
obligations under the agreement. The Supplier will be liable for the acts of any sub-contractors whom it chooses to help
perform its duties.
Circumstances Beyond the Control of Either Party
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In the event of any failure by a party because of something beyond its reasonable control:
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the party will advise the other party as soon as reasonably practicable; and
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the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and
the party will not be liable for any failure that it could not reasonably avoid, but this will not affect the
Customer's above rights relating to delivery (and the right to cancel below).
Privacy
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Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with
regard to your personal information.
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These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy
Policy, Cancellation Policy, and Cookies Policy.
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For the purposes of these Terms and Conditions:
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'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not
limited to the GDPR.
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'GDPR' means the UK General Data Protection Regulation.
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'Data Controller', 'Personal Data', and 'Processing' shall have the same meaning as in the GDPR.
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We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
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Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal
Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the
Data Protection Laws:
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before or at the time of collecting Personal Data, we will identify the purposes for which information is being
collected;
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we will only Process Personal Data for the purposes identified;
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we will respect your rights in relation to your Personal Data; and
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we will implement technical and organisational measures to ensure your Personal Data is secure.
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For any enquiries or complaints regarding data privacy, you can e-mail: info@digiboo.co.uk.
Excluding Liability
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The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused
by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (i) loss which
was not reasonably foreseeable to both parties at the time when the agreement was made, or (ii) loss (eg loss of profit)
to your business, trade, craft or profession which would not be suffered by a Consumer - because we believe you are
not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
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The agreement (including any non-contractual matters) is governed by the law of England and Wales.
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Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in
Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
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We try to avoid any disputes, so we deal with complaints as follows: If a dispute occurs customers should contact us
to find a solution. We will aim to respond with an appropriate solution within 48 hours.