Terms and Conditions

1. Definitions

• "Services" refers to all design, development, branding, and digital services provided by Prodark Design.
• "Subscription" refers to the recurring service agreement entered into by the Client.
• "Deliverables" means any work, designs, code, or materials produced.

2. Business Structure

Prodark Design operates under Paymyservice, a service-based business providing digital and creative solutions. All contracts, payments, and obligations are fulfilled under this structure.

3. Services

We provide services including, but not limited to:

• Website design and development
• Branding and creative design
• UI/UX design
• Ongoing support and maintenance

We reserve the right to modify or discontinue any service at our discretion.

4. Subscription and Contract Term

4.1 All services are provided under a subscription model.

4.2 The standard subscription term is a minimum of twelve (12) months from the start date.

4.3 By subscribing, you agree to a legally binding 12-month commitment unless otherwise agreed in writing.

5. Payments and Fees

5.1 Fees are payable monthly or annually as agreed.

5.2 Payments must be made on time. Late payments may result in:

• Suspension of services
• Late fees where applicable

5.3 All payments are non-refundable except where required by law.

5.4 We reserve the right to revise pricing with prior notice.

6. Cancellation Policy

6.1 You may cancel your subscription at any time by messaging us through your Client Dashboard or by giving us written notice. There is no minimum contract term.

6.2 Cancellation takes effect at the end of your current paid billing period. Your website and included services remain active until then, and no further payments will be taken.

6.3 Payments already made are non-refundable, including for the remainder of the billing period in which you cancel, except where required by law.

6.4 Within 30 days of your cancellation taking effect, you may request an export of your website content and files. After 30 days, we may archive or delete your website and associated files.

7. Ownership and Intellectual Property

7.1 All Deliverables remain the property of Prodark Design until full payment is received.

7.2 Once all invoiced amounts have been paid in full:

• Ownership of all Deliverables is transferred to the Client
• Full access to the domain, code, and digital assets will be granted
• Access may be transferred to the Client or designated team member

7.3 If payments are outstanding, we reserve the right to withhold access to Deliverables.

8. Client Responsibilities

The Client agrees to:

• Provide accurate and timely information
• Review and approve work within reasonable timeframes
• Ensure all supplied content complies with applicable laws

Delays caused by the Client may affect delivery timelines.

9. Service Level Agreement (SLA)

9.1 We aim to provide high-quality services with reasonable care and skill.

9.2 Standard response times:

• General enquiries: within 2–3 business days
• Active project updates: within agreed timelines

9.3 We do not guarantee uninterrupted or error-free services, but will make reasonable efforts to resolve issues promptly.

10. Data Protection and GDPR Compliance

10.1 We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

10.2 We will:

• Process personal data lawfully, fairly, and transparently
• Use data only for agreed purposes
• Implement appropriate security measures

10.3 The Client is responsible for ensuring they have the legal right to provide any personal data shared with us.

10.4 Where applicable, a separate Data Processing Agreement (DPA) may be required.

11. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement.

12. Limitation of Liability

12.1 To the fullest extent permitted by law, Prodark Design shall not be liable for:

• Indirect or consequential losses
• Loss of profits, revenue, or data

12.2 Our total liability shall not exceed the total fees paid by the Client in the preceding 12 months.

Nothing in these Terms excludes liability where it is unlawful to do so.

13. Termination

We may terminate or suspend services if:

• Payments are overdue
• The Client breaches these Terms

Upon termination, all outstanding fees become immediately payable.

14. Dispute Resolution

14.1 In the event of a dispute, both parties agree to attempt to resolve the matter amicably.

14.2 If a resolution cannot be reached, the dispute may be referred to mediation before legal action.

14.3 These Terms are governed by the laws of England and Wales, and disputes shall be subject to the exclusive jurisdiction of its courts.

15. Force Majeure

We shall not be liable for failure to perform obligations due to events beyond our reasonable control, including but not limited to natural disasters, cyber attacks, or service outages.

16. Amendments

We reserve the right to update these Terms at any time. Updated Terms will be communicated to Clients.

17. Entire Agreement

These Terms constitute the entire agreement between the parties and supersede all prior agreements or understandings.

18. Contact Information

For any questions regarding these Terms: