Terms of Service

1. Agreement to terms

By accessing or using dmainweb.online (the "Website") or by purchasing or engaging us for services, you ("you," "Client") agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Website or engage our services.

These Terms form a binding contract between you and DmainWeb ("we," "us," "our") regardless of which country you are in.

2. Definitions

• "Services" — website development, SEO, design, optimisation, maintenance, consulting, training, and any related work we provide.
• "Deliverables" — websites, designs, copy, code, reports, and other materials we produce for you under an engagement.
• "Engagement" — a specific project or ongoing service relationship covered by a quote, statement of work, or invoice.
• "Effective Date" — the date you accept a quote, sign an engagement letter, or pay an invoice (whichever occurs first).

3. Our services

DmainWeb provides website development, SEO strategy, local SEO, conversion optimisation, performance optimisation, ongoing maintenance, and related digital services. The exact scope of any engagement is defined by the quote or statement of work we provide and you accept.

4. Project engagements + estimates

• Quotes are valid for 30 days unless otherwise stated.
• An engagement begins when you accept a quote in writing (including via email or WhatsApp message) and pay the agreed deposit.
• Out-of-scope changes require a written change order and may incur additional fees and timeline extensions.
• Project timelines are estimates, not guarantees, and depend on timely client feedback and asset delivery.

5. Payment terms

Engagement type	Payment schedule
Standard project (single payment)	50% deposit on engagement, 50% on completion before launch
Larger project (milestone-based)	33% deposit, 33% midpoint, 34% before final delivery
Monthly retainer (SEO, maintenance)	Monthly in advance, recurring on the engagement anniversary
Hourly consulting	Net 14 from invoice date

• Accepted methods: bank transfer, Stripe, Paystack, Wise, PayPal (subject to fees).
• Currency: USD, GBP, CAD, NGN — specified per quote.
• Late payments: invoices unpaid 14 days past due may incur a 1.5% monthly late fee, and we may suspend ongoing services until payment is received.
• Taxes: all fees are exclusive of applicable VAT, GST, sales tax, or withholding tax, which are added to invoices where required.

6. Deliverables, revisions, approval

• Each engagement specifies the number of revision rounds included (typically 2–3 for design, 1 for copy).
• Additional revisions are billed at our standard hourly rate.
• Deliverables are deemed accepted if no written objections are received within 7 days of delivery.
• Final files are released after final payment is cleared.

7. Client responsibilities

To deliver on time, we need you to:

• Provide accurate brand assets, content, photos, and access credentials when requested.
• Respond to feedback requests within 5 business days.
• Designate a single point of contact authorised to approve work.
• Ensure you have rights to all content (text, images, video, fonts) you provide us.
• Pay invoices on time per the agreed schedule.

8. Intellectual property

Custom work for you

Upon final payment in full, you receive ownership of all custom design, copy, and code we create specifically for your project. We retain the right to display the work in our portfolio (unless contractually agreed otherwise) and to use general techniques and methodologies on other projects.

Pre-existing tools and frameworks

We retain ownership of our pre-existing scripts, frameworks, components, and tooling used in your project. You receive a perpetual, non-exclusive, royalty-free licence to use these as part of your delivered website.

Third-party assets

Stock images, plugins, themes, and fonts purchased on your behalf are licensed per the third party's terms. We pass through these licences without warranty beyond what the third party provides.

9. Confidentiality

Both parties agree to keep confidential information shared during the engagement (financial information, business strategies, login credentials, customer lists) confidential, both during and after the engagement. We will not share your confidential information with third parties except as required to deliver the services or as legally required.

10. Third-party services

Many of our deliverables rely on third-party services (hosting, plugins, payment gateways, marketing platforms). We are not liable for outages, price changes, feature deprecation, or policy changes by these third parties. We will, on best-effort basis, advise you of significant third-party risks during the engagement.

11. Warranties + disclaimers

We warrant that:

• Services will be performed in a professional and workmanlike manner.
• Deliverables will substantially conform to the agreed scope at the time of delivery.
• We will provide bug-fix support for 30 days post-launch at no additional charge for clearly defined defects in our work.

Except as expressly provided, the Website and Services are provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.

12. Limitation of liability

To the maximum extent permitted by law:

• Our total liability for any claim arising from an engagement is limited to the total fees paid by you in the 6 months preceding the claim.
• We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or business interruption.
• Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot lawfully be excluded.

This limitation applies regardless of the legal theory (contract, tort, statute, or otherwise).

13. Indemnification

You agree to indemnify and hold us harmless from claims arising out of: (a) content or assets you provide that infringe third-party rights; (b) your misuse of the Website or Deliverables; (c) your breach of these Terms or applicable law.

14. Termination

• For convenience: either party may terminate an ongoing retainer with 30 days' written notice. For fixed-price projects, you may pause but not unilaterally cancel without forfeiting the deposit and any work-in-progress fees.
• For cause: either party may terminate immediately if the other materially breaches these Terms and fails to cure within 14 days of written notice.
• Effect of termination: you remain liable for fees due for work performed up to the termination date. We deliver work-in-progress in its current state.

15. Refund policy

• Deposits are non-refundable once we have begun work, except where we are unable to deliver the agreed scope.
• Monthly retainers are pro-rated on termination — you receive a refund for unused days within the current month if you terminate per Section 14.
• Specific guarantees (e.g., "90-day Map Pack guarantee" if offered for a particular package) are honoured as stated in the engagement letter.
• Refund requests must be submitted in writing to billing@dmainweb.online within 30 days of the issue arising.

16. Acceptable use of website

When using dmainweb.online, you agree not to:

• Attempt to disrupt, damage, or gain unauthorised access to any part of the Website or its infrastructure.
• Scrape, crawl, or copy substantial portions of the Website (excluding standard search engine indexing).
• Submit false, misleading, or unlawful information through any form or tool.
• Use the Website to harass, defame, or harm any third party.
• Reverse-engineer or attempt to extract source code from any client-side script.

17. Governing law + disputes

These Terms are governed by the laws of the Federal Republic of Nigeria for clients headquartered in Nigeria, by the laws of the relevant US state for US clients, by the laws of England and Wales for UK clients, and by the laws of the relevant Canadian province for Canadian clients.

Any dispute will first be addressed via good-faith negotiation. If unresolved within 30 days, the parties may pursue mediation or, where mediation fails, the courts of competent jurisdiction in the relevant country. For online disputes under €5,000 with EU consumers, the EU Online Dispute Resolution platform is available.

18. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date reflects the most recent revision. For engagements already underway, the version of the Terms in effect on the engagement Effective Date applies unless both parties agree in writing to apply updated Terms.

19. Contact

• General contracts: hello@dmainweb.online
• Billing questions: billing@dmainweb.online
• Legal notices: legal@dmainweb.online
• WhatsApp: +234 816 6457230