1. Introduction

1.1 These terms and conditions (“Agreement”) govern the provision of digital services by Obseq (“We”, “Us”, “Our”, “Obseq”), to the customer (“Client”, “You”, “Your”). By accessing or using our services, you agree to be bound by these terms and conditions. If you do not agree to these terms, you should not use our services.

1.2 Obseq provides a range of digital services (“Services”).

2. Services

2.1 Obseq agrees to provide the Services as detailed in the Service Agreement or order form (“Scope of Services”). The Services will be provided with reasonable skill and care and in accordance with best industry standards.

2.2 The Client may request additional services beyond the Scope of Services, and these may be subject to separate terms or agreed upon in writing.

3. Service Availability and Uptime

3.1 Obseq will make reasonable efforts to ensure the continuous availability and performance of the Services, including but not limited to website hosting, email services, and on-site support. However, no service is entirely free from interruptions, and Obseq cannot guarantee that the Services will be available at all times without disruption.

3.2 In the event of service downtime, Obseq will take immediate and reasonable steps to restore the Services as quickly as possible. However, the Client acknowledges that Obseq is not liable for any downtime or unavailability of the Services, including but not limited to:

• Technical failures or issues outside the reasonable control of Obseq
• Scheduled maintenance or updates
• Third-party service outages
• Force majeure events, including but not limited to natural disasters, strikes, or acts of government

3.3 Obseq is not responsible for any loss or damage that may result from the unavailability of the Services, including financial loss, business interruption, or loss of data.

4. Limitation of Liability

4.1 To the maximum extent permitted by law, Obseq shall not be liable to the Client for any indirect, special, incidental, or consequential damages, including but not limited to loss of profit, revenue, or data, arising out of or in connection with the provision or unavailability of the Services.

4.2 Obseq’s total liability to the Client for any claim arising under or in connection with this Agreement shall not exceed the amount paid by the Client for the specific Services that gave rise to the claim during the 12 months preceding the event giving rise to the claim.

4.3 The Client acknowledges and agrees that Obseq will not be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is caused by circumstances beyond Obseq’s reasonable control, including but not limited to technical failures, internet outages, third-party service provider failures, or other force majeure events.

5. Payment Terms

5.1 The Client agrees to pay Obseq the agreed fees for the Services as outlined in the Service Agreement or order form. All payments must be made in accordance with the payment terms shown on the invoice.

5.2 If the Client fails to make any payment on time, Obseq reserves the right to suspend or terminate the Services until payment is received, and reserves the right to charge interest on late payments in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5.3 Any queries or disputes must be made in writing within 7 days of the date of the invoice.

5.4 Fees are subject to change, and any changes will be communicated to the Client with reasonable notice.

6. Intellectual Property

6.1 The Client retains ownership of any content provided to Obseq for the purpose of delivering the Services (such as text, images, logos, etc.) (“Client Materials”). However, by providing the Client Materials to Obseq, the Client grants Obseq a non-exclusive, worldwide, royalty-free, perpetual license to use, modify, reproduce, display, and distribute the Client Materials for any purpose, including marketing or any other business purpose, in any form, medium, or technology now known or hereafter developed.

6.2 Obseq may also use, publish, and display the results of any work performed on behalf of the Client, including but not limited to website designs or development, for promotional purposes, case studies, or portfolio exhibitions.

6.3 Upon full payment of the fees for the Services, Obseq grants the Client a non-exclusive, non-transferable license to use any intellectual property created by Obseq as part of the Services for the Client’s business purposes. However, Obseq retains ownership of any tools, software, or code developed by Obseq and used to deliver the Services, unless otherwise agreed in writing

7. Hosting and Maintenance

7.1 Hosting Services

7.1.1 Obseq offers hosting services as part of its digital services, and the terms of such hosting are governed by a separate hosting agreement or as specified in the Service Agreement. Hosting services may include server management, software updates, security patches, and website backups.

7.1.2 Obseq makes no guarantees regarding the availability or uptime of hosting services and will not be liable for any outages, downtime, or disruptions caused by third-party hosting providers or unforeseen circumstances beyond Obseq’s reasonable control.

7.1.3 If the Client requests hosting through Obseq, the Client agrees to pay any associated hosting fees as outlined in the Service Agreement or order form. Hosting fees are non-refundable. Services will be suspended or terminated if the Client fails to make timely payments.

7.1.4 Obseq is not responsible for any loss or damage to data resulting from third-party hosting provider issues, including but not limited to server failures, hacks, or loss of data due to no fault of Obseq.

7.2 Maintenance Services

7.2.1 Obseq may provide ongoing maintenance services, including but not limited to software updates, security patches, and bug fixes (“Maintenance Services”). Such services will be provided based on the terms outlined in the Service Agreement or separate maintenance contract.

7.2.2 Obseq will provide Maintenance Services with reasonable care, but cannot guarantee the resolution of all issues or the prevention of future issues. The Client acknowledges that software updates, server changes, or new technologies may impact the functioning of the Services.

7.2.3 Obseq is not responsible and holds no liability for any issues caused by third-party software, plugins, or integrations used on the Client’s website or within the scope of the Services. 

7.2.4 Maintenance Services are provided on a time-and-materials basis or according to the terms of the specific maintenance contract, and the Client agrees to pay the applicable fees for these services as agreed in writing. Maintenance services are non-refundable.

7.3 Service Interruptions

7.3.1 In the event of planned maintenance, Obseq will notify the Client with reasonable prior notice. In the event of an unexpected service interruption, Obseq will take reasonable steps to restore services promptly.

7.3.2 Obseq is not liable for any loss of business, revenue, or data resulting from service interruptions, whether planned or unplanned.

8. Domain Registration

8.1 Obseq may provide domain registration services on behalf of the Client, which may include domain name purchasing, renewal, and management. These services are subject to the terms of the third-party domain registrar and the Service Agreement.

8.2 Domain registration fees are non-refundable. Once a domain name has been purchased or renewed, the Client acknowledges that the registration fee cannot be returned, regardless of whether the domain is in use or not.

8.3 Obseq will use reasonable efforts to ensure that the domain registration is completed accurately and in a timely manner. However, Obseq is not responsible for any errors or delays that may occur due to issues with third-party domain registrars or registrar services.

8.4 The Client is responsible for ensuring that the domain name does not infringe any intellectual property rights of third parties and complies with applicable laws and regulations.

8.5 In the event that the Client wishes to transfer or cancel a domain registration, the Client acknowledges that domain transfer or cancellation may be subject to additional fees and is governed by the third-party domain registrar’s terms.

9. Confidentiality

9.1 Both parties agree to maintain the confidentiality of all confidential information disclosed during the performance of the Services. Confidential information includes but is not limited to business plans, strategies, client data, and proprietary technical information.

9.2 The obligations of confidentiality shall continue indefinitely, even after the termination of this Agreement.

9.3 Obseq will not disclose such confidential information to any third party unless required to do so by law, or for the provision of the Services requested by the Client.

10. Termination

10.1 Either party may terminate this Agreement by providing written notice to the other party if the other party commits a material breach of the terms of this Agreement and fails to remedy the breach within 30 days of receiving written notice of the breach.

10.2 Upon termination, the Client must pay for all Services provided up to the termination date. Obseq will provide the Client with any deliverables completed up to the termination date, provided all fees have been paid.

11. Data Protection

11.1 Both parties agree to comply with applicable data protection legislation, including the UK Data Protection Act 2018 and the General Data Protection Regulation (GDPR).

11.2 Obseq will process any personal data received from the Client only in accordance with the Client’s instructions and for the purpose of delivering the Services.

12. Force Majeure

12.1 Obseq shall not be liable for any failure or delay in performance of its obligations under this Agreement caused by any event or circumstance beyond its reasonable control, including but not limited to natural disasters, strikes, governmental actions, war, or failure of third-party services.

13. Governing Law and Dispute Resolution

13.1 This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

13.2 Any disputes arising from or in connection with this Agreement shall be resolved by negotiation between the parties. If the dispute cannot be resolved amicably, either party may refer the matter to mediation or arbitration under the rules of the Chartered Institute of Arbitrators.

14. General

14.1 If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14.2 Obseq reserves the right to modify these terms and conditions at any time. Any modifications will be communicated to the Client, and continued use of the Services shall constitute acceptance of the modified terms.

14.3 Obseq provides estimates for Services based on a Client’s request. These estimates are valid for 30 days, and Obseq reserves the right to revise the estimate after the estimate’s validity has expired.

14.4 The Client is responsible for ensuring that the estimate accurately reflects the services required.