Terms of Service

You can access our Terms of Service here at any time. Under the ‘Terms of Service’ tab you can read the complete defined list of provisions that will govern our relationship, and comprehensive guidance on our various processes. It is crucial that you carefully review this essential information if you intend to collaborate with us, as your agreement to our terms is required. For your convenience and clarity, we have organised specific terms and conditions related to particular services, such as for our management services and website hosting service under their respective tabs. This allows for easy navigation to specific sections. It is imperative that you read our complete Terms of Service, as these excerpts are not separate entities, but integral components of our overall agreement. To work with us, you must accept and agree to all our terms.

You may also request a digital copy of our Terms of Service to be emailed to you. We include a complete copy of our Terms of Service with every Project Contract and invoice. Please carefully read the following information. By employing the services of Dares Atlantic, you enter into a contract with us and acknowledge, agree to, approve of, and accept all of our Terms of Service without hesitation. If you have any questions, concerns, or seek clarification on any matter then please contact us.

Effective Date: 18^th of December 2020

Definitions: The terms “We,” “Our,” and “Us” refer to Dares Atlantic. The terms “You,” “Your(s),” and “Client” refer to the Client who engages our services.

Please carefully read the following information: By employing the services of Dares Atlantic, you enter into a contract with us and acknowledge, agree to, approve of, and accept all of our Terms of Service documents, which include the following Terms of Service:

Terms of Service Documents:

As part of your contract with us, you are bound by the following Terms of Service documents, which have been in effect since the 18^th of December 2020:

General Terms of Service (includes payment, cancellation & refund, guarantee, warranty, & limitation terms, and more)
Website Development, Dares Atlantic Administration, Dares Atlantic Hosting Terms of Service
Design, Branding, Copyright, Ownership, and Use Terms of Service
Audio and Visual Post-Production Terms of Service
Management, Remote, and Virtual Executive Assistance Terms of Service
Dares Atlantic Email Hosting Terms of Service
Penalty for Breach of Terms of Service
GDPR (General Data Protection Regulation) Policy

These Terms of Service are integral to our service and are supplied to you with our Project Contracts and invoices. You can request copies of these Terms of Service, and they are also available for review on our website at www.DaresAtlantic.com/TOS It is important to note that these Terms of Service are the intellectual property of Dares Atlantic and must not be reproduced, copied, edited, or used as templates.

We value inclusivity and strive to accommodate Clients with special requirements. If you have specific accessibility needs or require our documents in an accessible format, we encourage you to make it known to us. We will make reasonable efforts to provide our Terms of Service documents in a format that meets your accessibility needs, ensuring equal access to information. Please contact us and inform us of your requirements, and we will work with you to fulfil your accessibility needs to the best of our abilities.

Acceptance of Terms of Service:

By engaging our services, you confirm that you have read, understood, and accepted all the terms and conditions outlined in our Terms of Service documents. Your acceptance is binding and signifies your agreement without hesitation or misgivings.

Terms of Service Availability:

We ensure that our Terms of Service are readily available to you for review and reference. They are included with our Project Contracts and invoices and can be accessed on our website. It is your responsibility to familiarise yourself with the contents of these Terms of Service and to seek clarification on any aspects that require further explanation.

Contractual Obligations:

By employing Dares Atlantic, you enter into a contract with us, incorporating the agreed-upon services and the Terms of Service mentioned above. This contract outlines the rights, obligations, and responsibilities of both parties. It is essential to understand that your contract with us is legally binding, and adherence to its terms is crucial for a successful business relationship.

Amendments and Updates:

Please note that our Terms of Service, fees, and services are subject to change at any time without prior notice. While we strive to maintain transparency and provide timely updates, it is your responsibility to stay informed of any changes by regularly reviewing our website and Terms of Service documents. We recommend checking for updates before engaging our services to ensure you are aware of the most current information. We continuously review our offerings to meet the evolving needs of our Clients and industry. While we make every effort to communicate any significant changes, it is essential to regularly review our website and updated Terms of Service documents to stay informed about any updates. By engaging our services, you acknowledge and accept that our Terms of Service, fees, and services may be modified or updated without prior notification.

Contact Us:

If you have any questions or concerns regarding our terms and conditions of service or Terms of Service documents, please reach out to us at ahoy@daresatlantic.com. We are here to assist you and ensure your understanding of our Terms of Service.

Chapters

Consultation
Project Contract
Service
Fees and Hours
Payment
Cancellation and Refund
Guarantee and Limitation
Warranty and Liability
Trial
Website Development
Dares Atlantic Website Administration
Dares Atlantic Website Hosting
Design, Ownership, Copyright, and Use
Design Continued: Branding, Ownership, Copyright, and Use
Audio and Visual Post-Production
Management, Remote, and Virtual Executive Assistance
Dares Atlantic Email Hosting
Your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data
Access, Use of Accounts, and Third-Party Services
Dispute Resolution
About Dares Atlantic
Provisions and Guidance
Penalty for Breach of Terms of Service
GDPR (General Data Protection Regulation)

1. Consultation

a.1. Free Consultation: An initial consultation with Dares Atlantic of thirty minutes is provided to you free of charge. During this consultation, we will engage in a discussion to understand your needs, and we will explain how our services can address those needs. We will also outline the work involved and provide details regarding the fees associated with our services.

a.2. No Obligation: There is no obligation upon you to contract our services, agree with any Project Contracts or suggestions made during the consultation, or continue any further engagement with us. You are free to make an informed decision based on the information provided.

a.3. Project Contract Request: At the conclusion of the consultation, if you express interest in proceeding with our services and request a Project Contract, we will provide it to you within seven working days. The Project Contract will outline the scope of work, timelines, deliverables, and associated fees.

a.4. Disengagement: If you choose not to request a Project Contract or decide not to use our services, we will consider this as your decision not to proceed further. In such cases, we will discontinue communication related to the matters discussed during the initial consultation. We will not contact you further unless initiated by you.

a.5. Subsequent Consultations: Should you require another consultation with Dares Atlantic, you are eligible for another free consultation six months after your last free consultation. The terms and conditions mentioned above will apply to subsequent consultations as well.

a.6. Consultation Content: During a free consultation, you can expect us to provide clear and relevant information on how we can assist you with your potential project. However, please note that we will not disclose any advantageous information or items that a Client would typically pay for.

a.7. Necessity of Initial Consultation: You cannot purchase any item or service, or initiate a payment without an initial consultation with us. An initial consultation is required for every new project regardless of your long-standing ties to Dares Atlantic.

2. Project Contract

A Project Contract is a formal document that Dares Atlantic will prepare that outlines the details of proposed work. It is a comprehensive description of the project’s scope, objectives, deliverables, timelines, resources, and associated costs. We understand the significance of a clear and mutually agreed Project Contract, and we aim to provide you with all the necessary details to facilitate a successful collaboration. Should you have any questions or require further clarification regarding the Project Contract Terms of Service, please do not hesitate to contact us.

b.1. Exact Work Description: Our Project Contract will include a detailed description of the exact work that we will carry out to meet your project requirements. It will outline the scope, deliverables, timelines, fees, and any additional pertinent information relevant to the project.

b.2. Risk Assessment and Mitigation: This section identifies potential risks and challenges associated with the project and outlines strategies for risk management and mitigation. It demonstrates Dares Atlantic’s proactive approach to anticipate and address potential obstacles.

b.3. Binding Legal Contract: Acceptance of the Project Contract constitutes a binding legal contract between you (the Client) and Dares Atlantic. By accepting the Project Contract, you acknowledge your agreement to the terms and conditions stated within, including the associated fees for the work to be performed.

b.4. No Work Without Acceptance: No contract exists and no work will commence until the Project Contract has been accepted and signed by all mentioned parties. It is essential that all mentioned parties review and agree upon the terms before proceeding with the project.

b.5. Acceptance Timeframe: Upon receipt of the Project Contract, you will have a maximum of ten working days to accept or decline the Project Contract. If the Project Contract is not accepted within this timeframe, the Project Contract and all information contained within it will become immediately invalid, without penalty to either party. We recommend that you carefully review the Project Contract and communicate any questions or concerns within this period.

b.6. Commencement of Work: Upon acceptance of the Project Contract, if you have expressed consent for us to commence work immediately, we will initiate the work outlined within the Project Contract within seven working days, unless an alternative date is stipulated within the Project Contract and agreed upon by both parties. If you do not express consent for us to begin working immediately, we will not do so until 14 days have passed.

b.7. Boundaries of the Project Contract: Additional work outside the scope of the agreed Project Contract will neither be undertaken nor considered no matter how similar or interconnected with the work that is confirmed to be undertaken in the Project Contract, no matter how urgent or fundamental you (the Client) or a later introduced third-party deem it to be. Similarly, no additional time or resources will be allotted to any matter beyond the scope of the original Project Contract.

b.8. An additional Project Contract must be generated for further work. This will incur additional fees.

3. Service

The following stipulations are designed to ensure clarity and a fair working relationship. Should you have any questions or require further clarification, please do not hesitate to contact us.

c.1. Client Service Selection: As the Client, you have the autonomy to decide which services you wish to receive from Dares Atlantic. We encourage you to review the comprehensive information available on our website at www.DaresAtlantic.com. Additionally, you can contact us through our email address at ahoy@daresatlantic.com, by using the contact form on our website, or by engaging in direct conversation during an initial consultation. The information provided on our website, via email, or during consultations gives a general overview of the services we offer and the work we are capable of performing. However, it is the information contained within a Project Contract that specifically addresses your unique needs. The Project Contract serves as the defined plan of action, customised to your requirements. All other information is of a generalised nature.

c.2. Contract Termination: We reserve the right to terminate our contract with you at any time if your actions impede our efforts to provide our services successfully and in a timely manner in accordance with the signed Project Contract, or if we deem it in our best interest to discontinue working with you. In such cases, there will be no penalty to Dares Atlantic, and no refund of fees will be provided to you.

c.3. Right to Refuse Service: We reserve the right to refuse service to any individual(s), business, or organisation. While we strive to provide services to a wide range of Clients, we maintain the prerogative to decline service based on our discretion and in accordance with appropriate ethical guidelines.

c.4. No Services for Illegal Activities: Dares Atlantic does not provide services to individuals or businesses involved in illegal activities. If your involvement in such matters becomes known, to any degree, our contract with you will be terminated immediately. In such cases, you forfeit all fees and expectations.

c.5. No Services for Discriminatory Content: Dares Atlantic does not provide services to individuals or businesses that promote discriminatory content. We uphold a commitment to inclusivity and respect for all individuals and communities.

c.6. No Services for Misinformation: Dares Atlantic does not provide services to individuals or businesses that promote misinformation. We prioritise accuracy, integrity, and responsible communication in the services we offer.

c.7. No Services for Nonsense: Dares Atlantic does not provide services to individuals or businesses that we personally deem to be nonsensical. We maintain a commitment to professionalism and seek to engage in meaningful and impactful projects.

c.8. Permission to Use Interaction as Example Work: Unless you express otherwise through verifiable notice, you provide Dares Atlantic permission to use our interaction with you as an example of work we have performed. This may include adding your information to our website. We respect confidentiality and handle sensitive information with the utmost care.

4. Fees and Hours

d.1. Minimum Hour Allotment: Any task or additional consultation requires a minimum allotment of one hour, regardless of how quickly the task is completed or the consultation is concluded. Please note that it is likely that tasks or consultations will require more than one hour to address adequately. Our current Hourly Rate Fee is £75.00 / $75.00.

d.2. Discussion of Hours: During consultation, we will discuss and outline the estimated number of hours required to complete your project. This information will be included in the Project Contract. Please be aware that not all Project Contracts will include a defined allotment of hours.

d.3. Fee Stipulation: We will complete the tasks outlined in a signed Project Contract for the fee stated within the Project Contract, regardless of the actual number of hours it takes to complete the work. The fee stated in the Project Contract is absolute and non-amendable, whether the actual time required is more or less than initially outlined. The total fee stated in the signed Project Contract is final and not subject to negotiation or amendment.

d.4. Rate and Fee Changes: We reserve the right to work at our own pace and set our own fees. We may change our fees at any time, including charging a higher or lower amount for identical or similar services provided to other Clients, without the obligation to refund or adjust the difference for previous Clients.

d.5. Contract and Payment: After an initial consultation, Dares Atlantic will provide you with a defined Project Contract, copies of our Terms of Service, and an invoice, which together form a contract between Dares Atlantic and you. To receive services from Dares Atlantic, you must sign the Project Contract and submit payment.

d.6. Payment of Fee: The fee stated in the Project Contract must be paid before work can commence. Once the Project Contract is signed, the fee becomes immediately payable. You will have a maximum of twenty-four hours to submit the payment. If the fee is not paid within this time frame, the Project Contract in its entirety will become immediately invalid.

5. Payment

We strive to maintain a clear and fair payment process. Please review the following important information with care. Do not hesitate to contact us beforehand if you have any questions or need further clarification before using our services.

e.1. A Client’s payment is consent to commence work. It is acknowledgment and evidence of a Client’s acceptance of our Terms of Service. We do not issue invoices without producing a Project Contract, or with one in situ. Therefore, if a Client pays their invoice, it signifies their acknowledgment and acceptance of our Terms of Service, regardless of having signed our Terms of Service or not. Once a Client has signed a Project Contract they are legally obligated to pay all fees outlined, even if the Client later objects to our Terms of Service.

e.2. Payment Terms: Payment for our services is due on demand unless explicitly specified otherwise by Dares Atlantic. We expect prompt payment to ensure the smooth progress of our work together.

e.3. Currency: The majority of fees are to be paid in Pound Sterling (GBP, £). However, some fees are permitted to be paid in United States Dollar (USD, $) as outlined on our website. The currency used for payment must match the local currency associated with the purchaser’s chosen payment method’s registered address.

e.4. Refunds: In the event that a refund is issued, it will only be issued in the same currency of the original payment.

e.5. Failure to Pay: If you fail to pay any fee owed, Dares Atlantic will notify you as soon as we become aware of the outstanding payment. Upon receipt of this notice, you will have a maximum of 72 hours to settle the fees owed, irrespective of usual business working hours and holidays.

e.6. Consequences of Non-Payment: If payment is not received within the 72-hour timeframe, all of your data will be removed and permanently deleted at all points that are applicable. This includes the removal of your website from our server if applicable and all associated data, email accounts and their associated data, as well as items in cloud storage. Additionally, your access to any system or account will be revoked, and any ongoing license to use our intellectual properties in all forms will be revoked meaning your ownership and copyright is revoked where applicable. These actions are not reversible and may disrupt your operations, appearing unprofessional to your own customers or audience. Any commitment from us to you will be considered forfeited. Your responsibility to pay your agreed fees will remain valid.

e.7. Debt Recovery: Failure to pay for services rendered or agreed to will permit Dares Atlantic to remove all work we have completed for you that is possible to remove, terminate all ongoing services immediately, revoke all commitments, requirements, and expectations of Dares Atlantic to you. We reserve the right to employ a specialised third-party debt recovery service to recover the funds owed by you or your business or organisation to Dares Atlantic. If applicable, we will also remove you from all networking groups we administer and similar entities. You will be responsible for bearing and repaying all costs incurred by Dares Atlantic in our pursuit to recover the fees owed.

e.8. Payment Services: Payments made to Dares Atlantic are facilitated by PayPal, Stripe, and our business bank accounts, and possibly other official and reputable payment services in the future. This ensures that sensitive payer information is never known to Dares Atlantic and is never stored by us.

e.9. Payment Information: We neither store, have access to, request, nor require payment information beyond what is required by financial institutions and payment services such as banks and PayPal.

e.10. The financial institution and payment service used to make your payment to us is responsible for all the information that you provide via their services.

6. Cancellation and Refund

f.1. Consumer Contracts Regulations: Our cancellation and refund procedures are governed by The Consumer Contracts Regulations. Under regulation 30(1) of The Consumer Contracts Regulations, if the contract is for the supply of digital content or services not on a tangible medium, we will not begin the supply of services until the end of the cancellation period, unless:

(a) You have given express consent; and (b) You have acknowledged that the right to cancel the contract under regulation 29(1) will be lost.

The cancellation period for service contracts or contracts for the supply of digital content not on a tangible medium ends 14 days after the day on which the contract is entered into, as detailed in regulation 30(2) of The Consumer Contracts Regulations.

f.2. Project Contract and Consent: We will provide you with a Project Contract that outlines the scope of work and the associated fee. During signing of the Project Contract, you may or may not give your express consent for us to begin performance of our work immediately. In providing consent, you confirm that you acknowledge that by providing this consent, you will lose your right to cancel the contract under regulation 29(1) of The Consumer Contracts Regulations.

f.3. Cancellation After Commencement of Work: If you request cancellation of the contract after we have started work, and you have given your express consent as mentioned in 2.f., you will not be due any sum of reimbursement. In such cases, no refund will be provided.

f.4. Important Terms of Service Information: Our Project Contract includes important Terms of Service information that conforms to Schedule 2 of The Consumer Contracts Regulations. It is your responsibility to review all the information provided with care and diligence. If you have any questions or concerns, we encourage you to ask for clarification before accepting our Terms of Service and signing the contract. By accepting the Terms of Service and signing the contract, you indicate your full agreement with them without hesitation.

f.5. Non-Express Consent and Cancellation Rights: If you choose not to give express consent for us to begin work immediately, we will not commence performing the work or provide delivery until after 14 days have passed from the date of entering into the contract. During this 14-day period, you retain the right to cancel the contract without incurring any penalty. If applicable, you will also have the right to a return of any sum paid in relation to the contract via the original method of payment.

f.6. Design Process and Client Collaboration: Throughout the design process, we encourage active Client participation and collaboration. We provide opportunities for your input and feedback during the review and revision stages to ensure the graphic, illustration, or website design aligns with your vision. Your involvement in the decision-making process plays a vital role in achieving the desired outcome.

f.7. Review and Revision Stage: Upon completion of the initial design, we will present you with a watermarked version of the graphic, illustration, or website pages for review. The watermark serves as a protective measure and will not obscure the design during this stage. It is your responsibility to thoroughly review the work, provide detailed feedback, and request any necessary revisions within the agreed-upon scope.

f.8. Payment and Delivery: Payment for our services is due before the final delivery of our design or website development work. No delivery will be made until full payment is received and confirmed. Once payment is made, we will provide you with the final, high-quality, non-watermarked commission.

f.9. Acceptance: Upon acceptance of the final graphic, illustration, or website design, the project is considered complete and fulfilled. Once accepted, no refunds will be issued for any reason, including but not limited to:

Change of mind regarding the project or no longer requiring the design.
Finding alternative solutions or deciding not to use the design.
Personal preferences or expectations that differ from the final design, as long as it adheres to the specifications agreed upon in the service agreement.

f.10. Non-Refundable Nature: Digital work, services, and designs are intangible and personalised by nature, making it impossible for us to provide refunds once the work has been completed, delivered, or initiated. The work undertaken requires significant time, resources, and expertise. Therefore, all payments made are non-refundable, regardless of the circumstances, once the work has commenced.

f.11. Sudden Change of Mind: In the event that a Client decides to cancel or terminate a project before its completion, the Client shall remain liable for the agreed-upon fees and expenses incurred once work has commenced.

f.12. Exceptional Circumstances: In exceptional cases where there are extenuating circumstances that warrant a refund of fees, such as demonstrable errors on our part or failure to deliver the agreed-upon services, we will review the situation on a case-by-case basis. Our decision to provide a refund in such circumstances will be at our sole discretion.

f.13. Non-Refundable Fees: The fees we incur, such as, but not limited to, banking transaction fees PayPal transaction fees, currency exchange fees, or any other third-party fees, are not refundable. These fees are separate from the service fees and are charged by external entities for facilitating payment transactions. As such, they are beyond our control and cannot be refunded.

7. Guarantee and Limitation

By using Dares Atlantic’s services, you acknowledge and accept the limitations stated in this Terms of Service. While we will make every effort to deliver exceptional services, we cannot guarantee specific outcomes or control external factors that may affect the success or satisfaction of your interaction with us in whatever capacity that may be.

g.1. Interest and Market Acceptance: Dares Atlantic does not provide a guarantee of public or private interest or market acceptance for your product, service, idea, or any other element that you wish to sell, promote, or create awareness for. We cannot compel individuals or groups to purchase, attend, or show interest in your offering. It is your responsibility as the Client to bear any burden arising from the lack of interest.

g.2. Business Goals and Success Measures: Any goals, sales forecasts, or general hopes you have for your business, organisation, product or idea are entirely your own. Dares Atlantic does not guarantee any form or measurement of success, nor does it guarantee against any form or measurement of loss. While we will make every effort to assist you in the proposed ways that we formally agree to regarding your business, organisation, product, or idea, ultimate success or failure remains outside the scope of our capability.

g.3. Advice and Guidance: You acknowledge, agree with, approve of, and accept that all advice, guidance, and strategies provided by Dares Atlantic are suggestions and should never be considered as any form of legal or professional guidance. We cannot, and we do not, guarantee specific outcomes of any advice or strategies we provide.

g.4. Sales Enhancement: Dares Atlantic does not guarantee an increase in your sales or conversion rate. While we will strive to support your sales efforts when contracted to do so, the ultimate responsibility for achieving any measure of desired sales outcome lies with you as the Client.

g.5. Social Presence: Dares Atlantic does not guarantee an increase in the number of supporters, followers, sharers, viewers, or ‘likes’ on social media platform by any specific numerical value. While we will work to enhance your social presence when contracted to do so, the results may vary extensively and are subject to external factors beyond our control.

g.6. Service Availability: We do not guarantee uninterrupted service throughout the duration of your contract with Dares Atlantic. While we strive to provide consistent service, there may be instances where we are unable to execute our services. Such instances could arise due to unforeseen circumstances or technical difficulties. We will make reasonable efforts to remedy any interruption and reconcile the loss of service proportionally, when possible, to do so.

g.7. Third-Party Services: Dares Atlantic has no control over the availability and functionality of third-party services, including essential services not limited to a single specific third-party and any instance of multiple concurrent availability and functionality problems. This applies to any platform or software required to execute our services effectively. Our ability to deliver services may be affected by the availability and performance of these third-party services.

g.8. Third-Party Terms of Service and Changes: We have no control over maintenance downtimes, changes to Terms of Service, or adjustments to features that may be initiated by third-party companies. Such changes may impact our ability to provide services to you, and we cannot be held liable for any resulting disruptions.

8. Warranty and Liability

h.1. General Terms of Service: We do not provide any warranty or guarantee for any of our services. All services are provided “as is” and without any warranty or representation of any kind, whether express or implied.

h.2. Limitation of Liability: We shall not be liable for any damages or losses of any kind, including but not limited to, direct, indirect, incidental, consequential or punitive damages, arising out of or in connection with the use of our services, whether in contract, tort, or otherwise.

h.3. No Responsibility for Third-Party Services: We do not provide any warranty or representation for any third-party services or products that may be used in conjunction with our services. We shall not be responsible for any damages or losses arising out of or in connection with the use of any third-party services or products.

h.4. Disclaimer of Implied Warranties: We do not provide any implied warranties, including but not limited to, warranties of merchantability or fitness for a particular purpose. We make no warranty that our services will meet your requirements or be uninterrupted, timely, secure, or error-free.

h.5. No Responsibility for Content: We shall not be responsible for any content created or posted by our Clients or any third-party. We do not endorse, guarantee, or assume any responsibility for any content, and we shall not be liable for any damages or losses arising out of or in connection with any content.

h.6. Indemnification: You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising out of or in connection with your use of our services, including but not limited to, any claims alleging infringement of intellectual property rights or privacy rights.

9. Trial

I.1. Dares Atlantic does not provide a trial of its services. While we do not provide trial periods, we are more than willing to discuss and address any concerns or questions you may have before initiating our engagement. We are available to provide information about our services, methodologies, and previous successful collaborations to ensure that you have the necessary confidence in our abilities to meet your specific needs.

10. Website Development

The purpose of this section is to ensure a clear understanding between Dares Atlantic and our Clients regarding the website development process, expectations, and responsibilities. Our chosen Content System Management (CMS) platform is WordPress, we use this CMS in conjunction with other licenced software tools to build websites. By engaging our services, Clients agree with the stipulations set forth, and any amendments or updates made from time to time as is expected with all our Terms of Service.

j.1. Discovery: The website development process begins with an initial consultation between Dares Atlantic and the Client. During this consultation, we will discuss the Client’s goals, requirements, design preferences, target audience, and any other relevant details to determine the scope and objectives of the project. We also provide examples of websites we have previously created for you to review, some of a similar nature and others not. We present examples of our past work to Clients during the initial consultation so they can obtain a sense of what they can expect, including style, features, and our overall capability and finesse. It is at this point the Client will determine our suitability for their needs. On the conclusion of this initial consultation, you may instruct us to provide a Project Contract, or if you feel we are not a suitable match we will wish you well.

j.2. Project Contract: Based on the initial consultation, we will provide the Client with a detailed Project Contract. This will outline the project’s scope, timeline, deliverables, pricing, any specific terms and conditions, and any applicable risk assessment. The Client is expected to review the Project Contract thoroughly and provide their approval before proceeding with the project. Our Terms of Service information is provided alongside the Project Contract, this too, must be reviewed and accepted before proceeding.

j.3. Concept: Once the Project Contract is approved, we will proceed with the design phase. We will create a concept or multiple concepts, including the website’s layout, colour scheme, typography, and overall visual aesthetics. The Client will be provided with design mock-ups for review and feedback.

j.4. Feedback and Revisions: The Client is encouraged to provide timely and specific feedback on the design concepts presented. We will consider the Client’s input and incorporate reasonable revisions to ensure the final design aligns with the Client’s vision. The number of revision rounds will be outlined in the Project Contract.

j.5. Stopping Development: Dares Atlantic or the Client may request to stop the development process pursuant to our Cancellation and Refund Terms of Service. There will be no refund once work has commenced if you decide to stop development, change your mind, no longer require our service, prevent us from completing our work, or still dislike our work after the final round of revision has been made.

j.6. Content and Media: The Client is responsible for providing all necessary content, including text, images, videos, and other media, to be included in the website. We can provide guidance and assistance in content creation if agreed upon in the Project Contract. The Client is responsible for ensuring they have the intellectual and legal rights to use the content provided to us, including the rights to use the content wherever their website will be available.

j.7. Adaptation and Testing: We will ensure that the website is responsive, user-friendly, and optimised for performance and search engines. Thorough testing will be conducted to identify and resolve any bugs or compatibility issues.

j.8. Client Review and Approval: Once the development phase is complete, we will show the Client a preview of the website for review and approval during a scheduled meeting. The Client is responsible for thoroughly reviewing the website’s content, layout, functionality, and overall appearance to ensure it meets their expectations and requirements. The Client is expected to provide detailed feedback on the website’s preview, including any necessary revisions or modifications. We will make reasonable efforts to accommodate the Client’s feedback and incorporate necessary changes within the scope defined in the Project Contract.

j.9. Complete: Upon receiving the Client’s final approval, we will consider the development process complete, and the website will be ready for launch or deployment.

j.10. Handover for Deployment: If the Client has chosen not to host their website with Dares Atlantic, we will execute the Transfer of Ownership of the website to the Client. The transfer will be sent to the Client’s details as stated within the Project Contract. We will confirm these details before executing the transfer. The Client will have 72 hours to accept the website, or the transfer request will expire. The website can’t be modified while it’s in transfer to the Client.

j.11. Confirmation of Transfer: In Most cases, we do not need confirmation from the Client of the outcome of the transfer as we will be able to confirm this ourselves.

j.12. Alternative Hosting or Self-hosting: Clients who choose to host their website elsewhere with a different server provider or those who wish to manage the website themselves may do so. However, it is essential for Clients to have adequate knowledge and understanding of how to connect their website with their chosen host, and adequate knowledge and understanding of how to use WordPress to effectively manage their website. We shall not provide tutoring in this regard.

j.13. Importance of Finding a Hosting Provider: For Clients who opt to host their website elsewhere and choose not to use Dares Atlantic’s server, it is crucial that they secure a reliable hosting provider. The completed website will not be accessible on the internet until it is hosted somewhere. Dares Atlantic cannot be held responsible for website availability or functionality if Clients do not utilise our hosting services.

j.14. Modification: The Client may modify their website as they wish after transfer. Dares Atlantic will not make any further changes of any type, or assist in doing so.

j.15. Dares Atlantic Server Launch: If the Project Contract includes Dares Atlantic Hosting, we will launch the Client’s website upon approval by the Client or on a scheduled date.

j.16. Post-Completion Support: Following the website’s launch, we will provide a specified period of limited technical post-launch support to address any immediate issues or concerns. The duration and scope of post-launch support will be outlined in the Project Contract. We cannot and will not provide guidance on third-party use such as, connecting a Client’s website to a hosting service, or installing features and plugins from other platforms or services into the website, or integrating the Client’s website into other applications whatever they may be.

j.17. CMS: A Content Management System (CMS) is a software application or platform that allows users to create, manage, and modify digital content on a website. It provides an intuitive interface and a set of tools to simplify the process of content creation, editing, organisation, and publishing. With a CMS, users can create and manage webpages, and control the overall structure and navigation of a website. The CMS separates the content from the design and functionality of the website, enabling users to focus on creating and updating content without disrupting the site’s overall layout or functionality. CMS platforms typically offer features such as user management, workflow management, version control, and search engine optimisation tools. They often support a wide range of templates, themes, and plugins/extensions to customise the look and functionality of the website. CMSs also provide collaborative capabilities, allowing multiple users to work together on content creation and management. By utilising a CMS, businesses and individuals can efficiently maintain and update their websites, ensuring that the content remains fresh, relevant, and easily accessible to visitors. It simplifies the process of managing website content, reduces dependency on technical expertise, and enhances the overall user experience.

j.18. Self-Hosted WordPress: Dares Atlantic utilises self-hosted WordPress as the preferred CMS for website development. Self-hosting WordPress offers flexibility, scalability, and a wide range of plugins and themes, enabling efficient customisation and maintenance of websites. It allows Clients to have full control over their website content and design. The following information is critically important:

Requirement to Use WordPress: All websites developed by Dares Atlantic will require Clients to use WordPress as their CMS. Clients must understand that WordPress offers the desired level of functionality and meets their specific website requirements. This requirement ensures a consistent approach to website management and enables Dares Atlantic to provide effective support.
Creating a WordPress Account: At the point of transferring ownership of the website, Clients will be required to create their own WordPress account. This account will grant them access to the backend of their website, allowing them to manage and update content, install plugins, and customise the website’s appearance. Clients are responsible for maintaining the security and integrity of their WordPress account.
Understanding WordPress Usage: Clients must have a basic understanding of how to use WordPress to effectively manage their website. While Dares Atlantic will provide limited tutoring during the handover process, Clients should be familiar with common WordPress functionalities such as creating and editing pages/posts, managing media, installing plugins, and applying themes. Clients are encouraged to explore available resources, tutorials, and forums to enhance their WordPress knowledge.
Limited Tutoring Period: Dares Atlantic will provide a limited tutoring period immediately after the handover of the website to assist Clients in navigating the WordPress interface and understanding its basic functionalities. This tutoring will cover the essential tasks required for website management. However, Clients should be aware that the tutoring period is short-term and will not extend beyond the initial handover.
Continued Support and Further Training: Following the handover and limited tutoring period, Clients are responsible for managing their websites independently using WordPress. Dares Atlantic does not provide ongoing training or extensive support for WordPress usage beyond the limited tutoring period. Clients are encouraged to seek additional resources or engage with third-party WordPress professionals or contract Dares Atlantic to manage their website on their behalf if they require further assistance or specialised training.
Compliance with WordPress Terms of Service: Clients utilising WordPress as their CMS must comply with the WordPress Terms of Service and any applicable licensing agreements. Dares Atlantic cannot be held responsible for any breaches of the WordPress Terms of Service committed by Clients.

j.19. Admin Dashboard: Within the dashboard Clients can access and manage many elements including, but not limited to the following:

Update Content: Clients have the ability to edit and update their website’s content, including text, images, videos, and more. They can easily add new pages or blog posts, modify existing content, and keep their website fresh and up-to-date.
Install and Manage Plugins: Clients can leverage the vast plugin ecosystem to add new functionality and features to their website. They can install, activate, and configure plugins according to their specific requirements, enhancing the website’s capabilities.
Customise Design: WordPress provides a range of customisation options, allowing Clients to modify their website’s design and appearance. Clients can choose from various themes, customise colour schemes, fonts, and layouts to align with their brand identity.

j.20. Ownership: After handover, Clients have full ownership and control over their website. This enables them to make real-time updates and modifications, giving them the freedom to manage and evolve their online presence as their business grows.

11. Dares Atlantic Website Administration:

The following information pertains to Dares Atlantic’s website management services. As a trusted provider, we take pride in effectively managing our Clients’ websites, ensuring their online presence is optimised and maintained to meet their specific needs. Our services encompass various aspects, including content updates, technical maintenance, security enhancements, and performance optimisation.

k.1. Website Management: With or without a Dares Atlantic Hosting subscription, a Client may contract us to manage their website. Management of a website includes ensuring PHP files, plugins, and other features are updated and functioning correctly, and general technical support. We will update the Client’s content and inventories, and make aesthetic changes such as colour, font, and general layout changes, but we will not conduct a total design overhaul. A Project Contract will outline the scope of what the Client can expect from Dares Atlantic if they decide to contract us to manage their website for them. It’s important to note that management of a website is not the same as hosting a website.

k.2. Dares Atlantic Admin: If the Client contracts Dares Atlantic to manage their website for them, they must add us as contributors or admins to their website to enable us access to carry out this service. We can guide the Client through the process to accomplish this. Enabling Dares Atlantic to become a contributor or admin does not alter ownership of the site, and it is important to note there are some functions we will not be able to access or edit.

k.3. Failure to Pay: Clients engaging Dares Atlantic for website management services are obligated to make timely payment according to the agreed-upon terms stated in the Project Contract. Failure to fulfil these payment obligations may result in the suspension or termination of Dares Atlantic’s services. Upon detecting a Client’s failure to make a payment for website management services, Dares Atlantic will promptly notify the Client of the outstanding balance and their non-compliance with the payment terms. Dares Atlantic provides the Client with a grace period of 3 calendar days from the date of the non-payment notification to remit the outstanding payment in full. The Client is strongly encouraged to promptly address the payment issue within this period to avoid any disruption to the website management services provided by Dares Atlantic.

k.4. Removal of Dares Atlantic as Contributor or Administrator: If the Client fails to make the required payment within the specified three-day timeframe, Dares Atlantic will take the following actions, depending on the circumstances and feasibility:

Self-Removal: Where possible, Dares Atlantic will remove itself as a contributor or administrator from the Client’s website or associated platforms. This action will revoke Dares Atlantic’s access and administrative privileges, effectively terminating its involvement in managing the website.
Client Responsibility: If self-removal is not feasible due to technical or administrative constraints, it becomes the Client’s responsibility to promptly remove Dares Atlantic as a contributor or administrator from the website or associated platforms. The Client must take immediate action to revoke Dares Atlantic’s access and administrative privileges.

k.5. Service Suspension and Termination: In all cases of non-payment, Dares Atlantic will immediately suspend all website management services until the outstanding payment is received in full. During the suspension period, Dares Atlantic will provide no further work or support to the Client. Failure to pay for website management services as agreed upon voids the existing contract between Dares Atlantic and the Client. The Client forfeits all expectations and entitlements from Dares Atlantic, including any ongoing or future deliverables, support, or assistance. Dares Atlantic acknowledges the confidentiality of Client information and respects the Client’s ownership of their website data. Any removal of Dares Atlantic as a contributor or administrator will not involve tampering with or accessing the Client’s confidential data, unless explicitly required to ensure compliance with applicable legal or security obligations.

12. Dares Atlantic Website Hosting

This section provides important information for Clients that are considering hosting their website with Dares Atlantic, and what they can expect when entering into a contract with us. We use Google data centres and SiteGround’s shared servers to facilitate our website hosting service. The Client must agree with the points outlined here and the rest of our terms to use our services.

l.1. Webmaster and System Administration: Dares Atlantic will act as the webmaster and system administrator for the websites hosted on our servers. This includes managing the technical aspects of the website, ensuring server uptime, performing regular maintenance, and troubleshooting issues related to hosting and server administration.

l.2. Client Responsibilities: The Client is responsible for providing accurate and complete information necessary for the setup and maintenance of their website. The Client shall promptly provide any required materials, including but not limited to content, images, and logos, to be incorporated into the website. The Client is also responsible for ensuring that all provided materials comply with applicable laws and regulations.

l.3. Intellectual Property: The Client retains ownership of all intellectual property rights associated with the content and materials provided for use on their website. Dares Atlantic does not claim ownership of the Client’s content.

l.4. License to Dares Atlantic: The Client grants Dares Atlantic a non-exclusive, royalty-free license to use, reproduce, modify, and display the Client’s content for the purpose of providing services and fulfilling obligations outlined within the Project Contract.

l.5. Fees: The Client agrees to pay the fees as outlined within the Project Contract. Fees may include hosting charges, website management fees, and any additional services requested by the Client. All fees are exclusive of any applicable taxes unless otherwise stated.

l.6. Invoicing and Payment: Invoices will be sent to the Client on a recurring basis, according to the agreed-upon billing cycle outlined within the Project Contract. Payment for hosting service is due on receipt of receiving the invoice unless otherwise stated. Dares Atlantic reserves the right to suspend or terminate services for non-payment or late payment. On taking this action, we will effectively hand the website back to the Client for them to find alternative hosting arrangements.

l.7. Disconnection: In the event of non-payment, Dares Atlantic may disconnect the Client’s website from our hosting service. The disconnection will result in the suspension of the website’s availability to all. It may be reinstated upon receipt of the outstanding payment if the problem is resolved quickly and if we wish to continue providing our services to the Client. Dares Atlantic shall not be liable for any loss or damages incurred by the Client due to disconnection resulting from non-payment.

l.8. Termination: If a Client’s payment fails to be received for any reason, Dares Atlantic will notify the Client promptly. The Client will have a specified period, typically 3 days, to rectify the payment issue upon notification. If payment is not received within this grace period, Dares Atlantic reserves the right to suspend or terminate hosting services. No refund of any amount previously paid will be made.

l.9. Going Offline and Loss of Data: If we remove the Client’s website from our hosting service due to failed payment or another reason, the Client’s website will go offline and become inaccessible. We will remove all data associated with the Client’s website from our servers and will no longer be responsible for its maintenance or accessibility. The Client will be responsible for finding a new hosting provider. The website will not be accessible on the internet until it is hosted somewhere.

l.10. Removal of Website: When we remove a website from our server the website design, structure, and content itself is not affected or damaged in any way. It is a technical impossibility for the removed website to be damaged to any degree. Plugins and similar items will likely stop functioning when the website is disconnected, subsequent to this any role they played in the design, structure or features of the website will likely be affected negatively. It is the responsibility of the Client or their new host provider to re-establish these plugins and all features that require an active server to the Client’s desired state.

l.11. Termination by Client: The Client may terminate their hosting contract pursuant to our general Cancellation and Refund Terms of Service. If work has commenced or service has been provided for any amount of time, no refund of any sum shall be provided for any fees paid in advance.

l.12. Termination by Dares Atlantic: We reserve the right to terminate our contract with the Client and suspend hosting immediately, without prior notice, if the Client breaches any provision of our terms of use or engages in any unlawful or improper activities.

l.13. No Guarantee: We will make reasonable efforts to provide reliable hosting and management services. However, we do not guarantee continuous, uninterrupted access to the website, as certain factors beyond our control may affect the availability of the service.

l.14. Liability: In no event shall Dares Atlantic be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use our Services, including but not limited to loss of data, revenue, or profits.

l.15. Prohibited Content: The following types of content are strictly prohibited from being hosted on our servers:

Illegal Content: Any content that violates applicable laws, including but not limited to, copyrighted material, pornography, malicious software, and fraudulent activities.
Offensive or Harmful Content: Content that promotes discrimination, harassment, violence, hate speech, or any form of offensive or harmful material.
SPAM, Solicitation, and Unsolicited Email: Hosting other websites or sending unsolicited bulk emails or SPAM messages is strictly prohibited.
Resource Intensive Applications: Hosting websites that consume excessive server resources, including, but not limited to, CPU, memory, and network bandwidth, that may negatively impact other customers’ experience.
Phishing and Fraudulent Activities: Hosting websites that engage in phishing, identity theft, or any fraudulent activities.
Gambling and Adult Content: Hosting websites that promote gambling, online casinos, adult content, or any explicit or adult-oriented material.

l.16. Compliance with Laws and Regulations: All hosted websites must comply with applicable local, state, and federal laws and regulations, including, but not limited to privacy laws, data protection laws, intellectual property laws, and any other relevant legislation.

l.17. Security and Integrity: Website owners are responsible for maintaining the security and integrity of their websites, including the implementation of appropriate security measures to protect against unauthorised access, data breaches, and other malicious activities.

l.18. Software and Plugins: Website owners are responsible for keeping their software, content management systems (CMS), and plugins up to date with the latest security patches and updates to minimise vulnerabilities.

l.19. Resource Limitations: To ensure fair resource allocation and optimal server performance for all customers, there may be limitations imposed on CPU usage, memory usage, disk space, and bandwidth. These limitations will be outlined in the Project Contract.

l.20. Excessive Use Suspension or Termination: In cases where a website consumes excessive server resources or violates this Terms of Service, Dares Atlantic reserves the right to suspend or terminate hosting services without prior notice. We will make reasonable efforts to notify the website owner in such cases.

l.21. Website Backups: While Dares Atlantic may provide backup services, it is ultimately the website owner’s responsibility to maintain regular backups of their website and data. Dares Atlantic shall not be held liable for any data loss or restoration costs.

l.22. Technical Support: We will provide limited technical support within the scope of the hosting services offered. Website owners may contact our us for assistance with hosting-related issues.

l.23. Reporting Violations: If you become aware of any violations of this Terms of Service by a hosted website or have any concerns regarding the content hosted on our servers, please report it to ahoy@daresatlantic.com

l.24. Enforcement Action: Dares Atlantic reserves the right to take appropriate actions, including, but not limited to warning, suspension, or termination of hosting services, in response to violations of this Terms of Service. The severity of the violation and its impact on our infrastructure and other customers will be considered before any action is taken. Where applicable, we will report suspected illegal activity to law enforcement.

l.25. Shared Hosting: Dares Atlantic utilises SiteGround’s shared hosting services to host websites for its Clients and internal projects. Shared hosting involves multiple websites being hosted on a single server or across multiple servers, sharing the server’s resources such as CPU, memory, and disk space. When assigning websites to shared servers via SiteGround, Dares Atlantic follows a structured procedure to ensure fair resource allocation and maintain satisfactory performance levels for hosted websites. The process includes the following steps:

Assessment: Dares Atlantic evaluates the specific hosting requirements of each website, considering factors such as expected traffic, resource usage, and technical specifications.
Server Selection: Based on the assessment, Dares Atlantic selects an appropriate shared server offered by SiteGround that can adequately meet the hosting needs of the website.
Resource Allocation: Dares Atlantic assigns a portion of the shared server’s resources, including CPU, memory, storage, and bandwidth, to each website based on its requirements. This allocation is performed with the goal of maintaining optimal performance and ensuring fair resource distribution among hosted websites.
Server Monitoring: Dares Atlantic regularly monitors the performance of shared servers to identify any potential issues or resource bottlenecks. This monitoring allows for proactive measures to be taken to address performance concerns and ensure a smooth hosting experience for all websites.
Performance and Scalability: Dares Atlantic recognises the importance of delivering a high-performance hosting environment for its Clients’ websites. While shared hosting offers a cost-effective solution, it is essential to consider the limitations inherent in shared server environments. Dares Atlantic actively manages its hosting infrastructure to optimise resource allocation and ensure scalability. In cases where a website’s resource requirements exceed the capacity of shared hosting, Dares Atlantic may explore alternative hosting options, such as dedicated servers or cloud hosting, to meet the specific needs of the website.
Compliance and Security: Dares Atlantic acknowledges the significance of maintaining compliance and security standards for hosted websites. SiteGround, as the hosting provider, implements robust security measures and follows industry best practices to safeguard the shared server environment. Dares Atlantic collaborates with SiteGround to ensure that appropriate security measures, such as regular backups, software updates, and malware scanning, are in place to protect the hosted websites and mitigate potential security risks.
Website Migration and Changes: In cases where website migration or changes are required, Dares Atlantic follows a standardised process to minimise disruptions and ensure smooth transitions. The migration or changes may involve transferring a website from one shared server to another or upgrading to a different hosting solution based on the website’s evolving needs. These actions are taken with careful consideration for minimising downtime and preserving data integrity.

l.26. Responsibility for Renewable Energy: Dares Atlantic utilises Google data centres to host its systems, applications, websites, and infrastructure. Dares Atlantic recognises the value of using Google data centres to support its operations and appreciates Google’s commitment to renewable energy sources. However, it is important to note that Google’s 100% renewable energy claim is solely attributed to Google and does not extend to Dares Atlantic’s energy usage. Dares Atlantic is dedicated to providing reliable solutions while maintaining transparency and will refrain from making specific claims regarding its energy usage. Dares Atlantic will monitor and assess the evolving landscape of sustainable practices, including advancements in renewable energy technologies. Dares Atlantic will explore opportunities to enhance its own energy efficiency and minimise its environmental footprint whenever feasible and cost-effective.

13. Design, Ownership, Copyright, and Use

Here we set forth our commitment to protecting and enforcing intellectual property rights, as well as the measures we take to ensure compliance with copyright laws and related regulations. We also outline your responsibilities and your limitations interacting with us and using our designs, so there is no ambiguity. Additionally, we outline the design process to provide you with knowledge on what steps are involved and what to expect.

Ownership and Copyright

m.1. Unless otherwise agreed upon in writing, all original graphic designs and illustrations created by Dares Atlantic remain the intellectual property of Dares Atlantic.

m.2. Copyright protection is automatically granted to our original works upon creation, as governed by the copyright laws of the jurisdiction in which we operate.

m.3. The designs created by Dares Atlantic may not be resold, sublicensed, transferred, or otherwise commercially exploited without our prior written consent. No part of our designs or illustrations may be reproduced, distributed, or used in any manner without our express written permission.

m.4. Ownership of the design remains with Dares Atlantic, no matter what is included within the design, until full payment has been received for the services rendered.

m.5. You may not use the design beyond the original intended use, as agreed upon in the Project Contract, without our prior written consent.

m.6. The design may not be resold or used in any medium, digital or tangible, on posters, prints, t-shirts, mugs, cases, stickers, or similar items, in marketing materials, web applications, or similar instances, or in any other way or in any other place not explicitly agreed to in the Project Contract.

License Grant

m.7. Subject to your compliance with the terms of this Release, we hereby grant you a non-exclusive, non-transferable, revocable license to use the designs or illustrations created by Dares Atlantic for the purposes outlined in the Project Contract.

m.8. This license is restricted solely to the intended use as agreed upon in the Project Contract and does not extend to any other use, reproduction, distribution, or commercial exploitation of the Designs without our prior written consent.

Permitted Use

m.9. You are authorised to use the design solely for the purpose and within the scope defined in the Project Contract.

m.10. You may use the design for personal or business purposes, as long as it aligns with the agreed-upon use in the Project Contract.

Prohibited Use

m.11. You are expressly prohibited from engaging in the following activities without our prior written consent:

Reselling, sublicensing, transferring, or otherwise commercially exploiting the design.
Using the design on posters, prints, t-shirts, mugs, cases, stickers, or similar items, in marketing materials, web applications, or similar instances, or in any other way or in any other place not explicitly agreed to in the Project Contract or authorised by us in writing.

Intellectual Property Rights

m.12. All intellectual property rights, including copyright, remain with Dares Atlantic and are not transferred to you through this Release.

m.13. You acknowledge that the design is our valuable intellectual property and agree not to claim ownership or attempt to register any copyrights or trademarks associated with the design.

Termination

m.14. This Release may be terminated by us at any time if you breach any of the terms and conditions outlined herein.

m.15. Upon termination, you must immediately cease all use of the design and destroy any copies or reproductions of the design in your possession.

Enforcement of Intellectual Property Rights

m.16. We are committed to protecting our intellectual property rights and will take appropriate legal action against any individual or entity found infringing upon our copyrights.

m.17. In the event of copyright infringement, we may pursue legal remedies, including seeking injunctive relief, damages, or any other available legal remedies permitted by law.

m.18. We reserve the right to monitor and enforce our intellectual property rights through various means, including, but not limited to online searches, digital watermarking, and cooperation with intellectual property protection organisations.

Reporting Copyright Infringements

m.19. If you believe that your intellectual property rights or the rights of others have been infringed upon by our designs or any other content related to our business, please promptly notify us with the following information:

A detailed description of the copyrighted work or intellectual property being infringed.
Sufficient evidence or documentation to support your claim of infringement.
Your contact information, including name, address, phone number, and email address.
A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the owner of the intellectual property or authorised to act on behalf of the owner.
Your electronic or physical signature.

Examples of Past Work

m.20. We will provide examples of our past work during the initial consultation to demonstrate our capabilities and finesse in graphic design and illustration. The purpose of providing examples is to give the Client an understanding of what they can expect. After reviewing our examples of work, if you believe our services are suitable for your needs, you may instruct us to create a Project Contract that outlines the specific details and requirements of your project. It is important for the Client to feel confident that we will be able to meet their project requirements because once we commence work, we cannot provide a refund pursuant to our general Refund and Cancellation process.

Revision Rounds

m.21. During the design phase, we allow for a limited number of revisions to enable the Client to participate in the design process and provide feedback to help us meet the Client’s vision. The number of revision rounds for each project will be specified in the Project Contract. Revision rounds refer to the opportunity for you to provide feedback and request changes to the design work we provide, and it is critically important that you review any and all revisions made and to provide feedback without hesitation.

Final Design and Refunds

m.22. Once work has commenced, the final design delivered to you is considered absolute and final, subject to any remaining revision rounds as specified in the Project Contract. If the final revision round is executed it is the final submission of work that we will present. There will be no further edits without our authorisation and no payment sum will be refunded for the previous designs we have presented and the time we have allocated to the project if you still do not approve of the final design. Further revisions may incur additional fees.

m.23. No refunds shall be given once work has commenced for any reason, including, but not limited to, changes of mind, no longer requiring the design, inability to use the design for a purpose not included within the Project Contract, or dissatisfaction with the final design.

Attribution

m.24. We reserve the right to include a credit line in the digital work, identifying Dares Atlantic as the creator of the work. In some cases, this credit line may be positioned and displayed on the design itself and may include our logo, business name, contact information, or website address.

Warranty

m.25. We will execute our digital work with reasonable care and skill. However, we cannot guarantee that the work will be entirely error-free or uninterrupted. Accordingly, Dares Atlantic shall not be held liable for any loss, damage, or expense incurred as a result of utilising our service, design or illustration, regardless of whether such claims arise in contract, tort, or other legal theories.

Liability

m.26. Dares Atlantic shall not be held liable for any consequences arising from the Client’s use of the design, including, but not limited to any claims, damages, or losses incurred as a result of such use.

m.27. If we have created logos or other designs for the Client, the Client agrees to use them in accordance with applicable laws, regulations, and industry standards.

m.28. The Client assumes full responsibility for the use of logos, illustrations, or designs in any context, including, but not limited to their display on websites, printed materials, promotional items, or any other medium or platform.

m.29. Dares Atlantic shall not be held responsible or liable for any misuse, misrepresentation, or unauthorised use of the logos or designs by the Client or any third-party.

Indemnification

m.30. The Client agrees to indemnify, defend, and hold Dares Atlantic harmless from any claims, liabilities, damages, costs, and expenses (including court and attorney’s fees) arising from or related to the Client’s use of the design, including the use of logos, illustrations, or designs created by Dares Atlantic.

m.31. The Client agrees to bear all responsibility and liability for any actions or consequences resulting from their use of the design and shall indemnify Dares Atlantic against any claims arising from such use.

Modifications and Alterations

m.32. The Client shall not modify or alter the design work without the express written consent of Dares Atlantic.

m.33. Any modifications or alterations made by the Client without Dares Atlantic’s consent shall release the Dares Atlantic from any liability or responsibility associated with the modified design.

Confidentiality

m.34. The Client shall not share, disclose, or distribute any design concepts, drafts, or completed designs provided by Dares Atlantic to any third-party, including, but not limited to platforms, social networks, or any other public or private forums.

m.35. Both parties agree to treat any confidential or proprietary information disclosed during the course of this project as confidential and shall not disclose such information to any third-party.

m.36. The Client shall take reasonable measures to prevent unauthorised access or disclosure of any confidential information provided by Dares Atlantic.

Formats and Sizes of Files

m.37. The formats and sizes of files to be delivered as part of the final design will be determined and outlined within the Project Contract.

m.38. Any additional formats or sizes requested by you beyond what is initially agreed upon may incur additional charges, subject to our discretion.

Outsourcing

m.39. We reserve the prerogative to engage a competent illustrator known to Dares Atlantic to carry out the work on your project. In the event that we choose to outsource the work, we will tell you and provide you with examples of the outsourced illustrator’s work. Please note that all terms and conditions outlined in this Terms of Service document, including the revision rounds process, matters on refunds, copyright, license, and liability, will remain valid and applicable. These details will be further outlined and agreed upon in the Project Contract, ensuring transparency and adherence to our established policies. Our exchange of payment and similar information to the outsourced illustrator is a private business transaction between Dares Atlantic and the illustrator and will not be disclosed to the Client.

14. Design continued: Branding, Ownership, Copyright, and Use.

The following information regarding branding is to be followed in addition to our Design, Ownership, Copyright, and Use Terms of Service, and not separately. Dares Atlantic’s complete Terms of Service stipulations are attributed and apply to our branding service equally.

Intellectual Property

n.1. All brand assets, including, but not limited to logos, trademarks, slogans, graphics, colour schemes, and brand guidelines, are the exclusive property of Dares Atlantic.

n.2. Dares Atlantic retains the right to be recognised as the creator of the brand assets in all official documentation, press releases, and communications.

n.3. Any unauthorised use, reproduction, modification, or distribution of the brand assets without the explicit consent of Dares Atlantic is strictly prohibited.

Usage Guide

n.4. The brand assets shall be used consistently and in accordance with the brand guidelines provided by Dares Atlantic.

n.5. Any modifications to the brand assets must be approved by Dares Atlantic in writing before implementation.

n.6. The brand assets shall not be used in any manner that may damage the reputation, integrity, or value of Dares Atlantic.

n.7. Any use of the brand assets by third parties, including affiliates, partners, and vendors, must be in compliance with the brand guidelines and requires prior written authorisation from Dares Atlantic.

Protection of Brand Assets

n.8. Dares Atlantic shall be credited appropriately in all official materials featuring the brand assets.

n.9. Dares Atlantic shall be consulted in case of any proposed changes to the brand assets, ensuring that the integrity and original intent of the design are preserved.

n.10. Adequate measures shall be taken to protect the brand assets from unauthorised use, including trademark registration, copyright protection, and other legal actions if necessary.

n.11. If any infringement or misuse of the brand assets is discovered, Dares Atlantic shall take immediate action to protect its rights, including legal recourse if required.

Confidentiality

n.12. Dares Atlantic and the Client acknowledges that they may have access to confidential information, trade secrets, and proprietary materials during the brand design process.

n.13. Both parties agree to maintain the strict confidentiality of all such information and shall not disclose or use it for any purpose other than the design and promotion of the brand assets.

Termination

n.14. In the event that Dares Atlantic’s engagement with the Client is terminated, all rights and ownership of the brand assets shall remain with Dares Atlantic.

n.15. The Client shall not claim any rights to the brand assets or use them in any manner without the explicit written consent of Dares Atlantic after the termination.

15. Audio and Visual Post-Production

Our Audio and Visual Post-Production Terms of Service are outlined here, they form part of Dares Atlantic’s complete Terms of Service and are not exclusive of it. This means that in using our Audio and Visual Post-Production service you agree to the following stipulations and our complete Terms of Service.

Service

o.1. Dares Atlantic’s post-production services may include, but are not limited to, audio editing, sound design, video editing, colour correction, visual effects, and final rendering. The specific details of the services, including deliverables, timelines, and pricing, shall be outlined in a Project Contract.

Client Obligations

o.2. The Client shall provide all necessary raw audio and video files, along with any relevant instructions, guidelines, or preferences, required for the post-production process.

o.3. The Client shall provide feedback, approvals, and revisions within the designated timeframes specified by Dares Atlantic to ensure the timely completion of the project.

o.4. The Client shall ensure that any materials provided to Dares Atlantic for post-production, including licensed music, images, videos, or other copyrighted content, are legally obtained and do not infringe upon the intellectual property rights of any third-party.

Revision Process

o.5. Dares Atlantic will provide the Client with an opportunity to review and request revisions to the post-production work a limited number of times.

o.6. The number of revisions included in the agreed-upon services shall be specified in the Project Contract.

o.7. Additional revisions requested beyond the agreed-upon limit may be subject to additional charges, to be determined by Dares Atlantic.

o.8. Dares Atlantic will strive to incorporate the Client’s revision requests, subject to the limitations of the raw materials provided and the agreed-upon scope of work.

Intellectual Property

o.9. Dares Atlantic retains all rights, title, and interest in any intellectual property created or developed during the course of providing the post-production services, including, but not limited to edited audio and video files, sound effects, graphics, and final deliverables.

o.10. Upon full payment of the fees, Dares Atlantic grants the Client a non-exclusive, non-transferable, revocable license to use the post-production deliverables for the agreed-upon purposes.

o.11. The Client shall not use the post-production deliverables for any purposes other than those explicitly specified in the Project Contract without obtaining the prior written consent of Dares Atlantic.

Confidentiality

o.12. Dares Atlantic and the Client agree to maintain the confidentiality of any confidential or proprietary information disclosed during the course of the engagement, including raw materials, editing techniques, or project details.

0.13. Both parties shall take reasonable measures to protect the confidentiality of such information and shall not disclose it to any third-party without the written consent of the other party.

16. Management, Remote, and Virtual Executive Assistance

Here we outline critically important information, requirements, and stipulations concerning your use of our Management, Remote, and Virtual Executive Assistance services. You must read, accept, and adhere to these terms in conjunction with our complete Terms of Service to receive service from Dares Atlantic. This section is not separate from our general terms, it is part of our complete Terms of Services.

Service

p.1. Dares Atlantic agrees to provide management and virtual executive services as agreed upon with the Client. The services may include, but are not limited to, executive assistance, project management, business development, strategic planning, administrative support, marketing, and other management-related tasks. Services may also include, but are not limited to, strategic planning, business analysis, organisational development, process improvement, change management, and other management-related advisory services. The specific details of the services, including deliverables, timelines, and pricing, shall be outlined in a Project Contract.

Client Obligations

p.2. The Client shall provide all necessary information, documents, and access to relevant systems required for the efficient execution of our services.

p.3. The Client shall provide clear instructions, guidelines, and expectations to enable Dares Atlantic to perform the assigned tasks effectively.

p.4. The Client shall promptly respond to requests for information, feedback, and approvals to ensure the timely completion of our services.

Business Relationship:

p.5. Dares Atlantic is a contractor, and expresses and enjoys Independent Contractor Status.

p.6. The Client contracts services from Dares Atlantic.

p.7. Dares Atlantic is not, and will never become, the Client’s employee.

p.8. The Client has no authority to bind Dares Atlantic or act on its behalf.

p.9. Dares Atlantic is not subject to the Client’s policies, rules or procedures.

p.10. Dares Atlantic is responsible for all of its taxes, insurance, and other statutory obligations related to their services and status of trading. No tax withholdings shall be made by the Client on behalf of Dares Atlantic.

Confidentiality

p.11. Dares Atlantic shall maintain the confidentiality of any sensitive or proprietary information disclosed during the course of the engagement. The Client shall do the same.

p.12. Confidential information includes, but is not limited to, business strategies, financial data, Client lists, trade secrets, and any other proprietary information.

p.13. Dares Atlantic shall take reasonable measures to protect the confidentiality of such information and shall not disclose it to any third party without the written consent of the Client. The Client shall do the same.

Payment Terms

p.14. The Client shall pay Dares Atlantic the agreed-upon fees for the services rendered, as outlined in the Project Contract. Payment terms, including due dates and accepted payment methods, shall be specified in the Project Contract.

p.15. Payment is due in preparation of commencing work. Pursuant to our Cancellation and Refund stipulations, there is no recourse to refund once work has commenced.

p.16. In the event of late or non-payment, Dares Atlantic reserves the right to suspend or terminate our services until payment is received in full. We may discontinue our services after payment is made if we do not have confidence in the Client’s ability to make future payments, without penalty to Dares Atlantic and without providing a refund of any sum paid.

Intellectual Property

p.17. Dares Atlantic retains all rights, title, and interest in any intellectual property created or developed during the course of providing our services, including, but not limited to reports, presentations, documents, and other deliverables.

p.18. Upon full payment of the fees, Dares Atlantic grants the Client a non-exclusive, non-transferable, revocable license to use the deliverables for the agreed-upon purposes.

p.19. The Client shall not use the deliverables for any purposes other than those explicitly specified in the Project Contract without obtaining the prior written consent of Dares Atlantic.

Limitation of Liability

p.20. Dares Atlantic shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the services provided, including, but not limited to lost profits, loss of data, complaints, or business interruption.

p.21. The maximum liability of Dares Atlantic for any claim or cause of action, whether in contract, tort, or otherwise, shall be limited to the fees paid by the Client for the specific services that gave rise to the claim.

Termination

p.22. Either party may terminate the Project Contract in the event of a material breach by the other party, provided written notice of the breach is given and the breaching party fails to remedy the breach within a reasonable period.

p.23. In the event of termination, the Client shall pay Dares Atlantic for all services rendered up to the date of termination, as well as any expenses incurred.

Non-Solicitation

p.24. During the term of the Project Contract, the Client shall not directly or indirectly solicit or hire any other business, employee, executive, or contractor to carry out the services we are expected to fulfil as outlined within the Project Contract without Dares Atlantic’s prior written consent. To do so risks hampering our ability to perform our work.

p.25. If the Client hires or accepts another party to carry out the same or similar tasks outlined in the Project Contract, Dares Atlantic reserves the right to immediately terminate our agreement with no penalty to Dares Atlantic and no refund of sums paid.

p.26. If the Client intends, expects, or feels they may hire or include another party at a later date, or they have already done so, they must inform Dares Atlantic during an initial consultation.

Warranty

p.27. Dares Atlantic shall make reasonable efforts to ensure the accuracy, reliability, and quality of its services, but does not warrant that the services will be free from errors, defects, viruses, or other harmful components.

p.28. The Client acknowledges and accepts that the use of the Dares Atlantic’s services is at their own risk, and Dares Atlantic shall not be held liable for any damages or losses arising from errors, defects, interruptions, customer feedback, reviews, or complaints, or other service-related issues.

Indemnification

p.29. The Client agrees to indemnify, defend, and hold harmless Dares Atlantic and its directors, partners, officers, employees, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney fees) arising out of or in connection with Dares Atlantic.

17. Dares Atlantic Email Hosting

Here we outline our Terms of Service for hosting email accounts. Google and SiteGround provide us with the servers and data centres required to operate our email hosting service. These stipulations are not separate from our complete Terms of Service, your acceptance of, and agreement with, the information herein is also an acceptance of our complete Terms of Service.

Service

q.1. The specific details of our email hosting service, including storage capacity, email account limits, pricing, length of availability, and any additional features, shall be outlined in a Project Contract.

q.2. Dares Atlantic shall use reasonable efforts to provide reliable and secure email hosting services, including uptime and limited technical support, as defined in the Project Contract.

Client Expectations and Responsibilities

q.3. The Client acknowledges that they are responsible for managing their email accounts, including user management, password security, email configurations, the accuracy and successful delivery of their emails to their intended recipients and in the same manner the Client’s ability to receive emails from others, and backups of their emails.

q.4. The Client agrees not to use our email hosting services for any unlawful or prohibited purposes, including, but not limited to sending spam, distributing malware, or violating any applicable laws or regulations.

q.5. The Client shall promptly notify Dares Atlantic of any suspected security breaches, unauthorised access, or any other suspicious activities related to their email hosting accounts.

Limitations and Disclaimers

q.6. Dares Atlantic shall not be held responsible for any loss, damage, or liability arising out of or related to the use of its email hosting services, including, but not limited to loss of data, interruptions, or security breaches.

q.7. The Client acknowledges that the email hosting services are provided on an “as-is” and “as-available” basis, and Dares Atlantic makes no warranties or guarantees regarding its services, including their functionality, reliability, or suitability for any particular purpose.

q.9. Dares Atlantic shall not be liable for any delays, interruptions, or failures in the email hosting services caused by circumstances beyond its control, including, but not limited to power outages, or network failures. It cannot and does not guarantee to be able to, or be capable of, preventing the loss of a Client’s email data in such circumstances.

Security, Access, and Privacy

q.10. Dares Atlantic shall implement reasonable security measures to protect the confidentiality, integrity, and availability of the Client’s email data and access to email services, where it has capability to do so. Ultimately, it is Google and SiteGround that provide server and data centre security and Dares Atlantic has no control over their security practices or their level of competency or efficiency.

q.11. The Client acknowledges that email communication is inherently not completely secure, and Dares Atlantic cannot guarantee the absolute security of email messages transmitted or stored through its services.

q.12. The Client agrees to comply with applicable privacy laws and regulations regarding the collection, storage, and processing of personal data through the email services.

Limitation of Liability for Security Breaches

q.13. The Client acknowledges that while Dares Atlantic strives to maintain the highest level of security for its services, it has no control over potential security breaches suffered by third-party providers such as Google or SiteGround. Consequently, Dares Atlantic cannot be held responsible for any damages, loss of data, or disruption of services resulting from security breaches within the systems of these third-party providers.

continued. In the event of a security breach, Dares Atlantic will work diligently to mitigate any adverse effects. However, the Client understands and accepts that Dares Atlantic’s liability is limited to its own actions and measures, and it cannot assume liability for incidents beyond its control, including those involving Google or SiteGround.

continued. It is the Client’s responsibility to maintain appropriate security practices, such as strong passwords, regular backups, and timely software updates, to help safeguard their data and mitigate potential risks. Dares Atlantic encourages the Client to review and adhere to best security practices in order to minimise the potential impact of any security breaches.

Payment and Termination

q.14. The Client shall pay Dares Atlantic the agreed-upon fees for email hosting services, as outlined in a Project Contract. Payment terms, including due dates and accepted payment methods, shall be specified in the Project Contract.

q.15. In the event of late or non-payment, Dares Atlantic reserves the right to suspend or terminate our email hosting services therein revoking access and ability to view, send, and receive emails.

q.16 Dares Atlantic may terminate the Project Contract and suspend email hosting services immediately if the Client fails to make payment.

Data Ownership and Termination

q.17. The Client retains ownership of all email data transmitted or stored through our email hosting services.

q.18. Upon termination of our email hosting service, Dares Atlantic shall provide the Client with a reasonable opportunity to retrieve their email data as outlined in the Project Contract. However, Dares Atlantic shall not be responsible for any data loss that may occur after termination. The Client must not use their account to send or receive emails during this time, the Client’s access is strictly for data retrieval purposes only.

18. Your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data

Here we outline key aspects pertaining to your ownership, control, responsibility, liability, and accountability for your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data when engaging in a contract with Dares Atlantic.

r.1. Ownership of Your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data: Dares Atlantic affirms that you retain complete ownership, in whatever capacity of ownership you possess upon entering a contract with us, of your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data. We respect your proprietary rights and acknowledge that all intellectual property and customer-related information associated with your business remains under your ownership.

r.2. Executive Control and Prior Approval: Dares Atlantic emphasises that executive control of your operations remains firmly in your hands. We affirm that we will not execute any form of service without your explicit prior approval and agreement. Your instructions, approvals, and agreements will be conveyed through verbal communication, including voice and text in telephone calls, video calls, emails, letters, and instant messaging services.

r.3. Liability and Responsibility: Dares Atlantic explicitly disclaims any liability, responsibility, and accountability for any form of loss or damages incurred by your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data, including potential reputational impacts on personal and professional levels. By engaging our services, you accept, understand, and agree that Dares Atlantic cannot be held liable or responsible for any form of loss or damages incurred by your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data, and you explicitly agree not to hold Dares Atlantic and its employees responsible.

r.4. Responsibility for Your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data: You assume full responsibility for all matters pertaining to your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data. This responsibility encompasses all aspects concerning your customers, including but not limited to their purchases, personal information, and correspondence.

r.5. Customer Satisfaction, Security, and Data Responsibility: You bear total responsibility and obligation for ensuring the satisfaction, security, and privacy of your customers and their data at all times. Dares Atlantic cannot be held liable or accountable for any issues or breaches pertaining to customer satisfaction, security, or data, as this falls exclusively within your purview.

r.6. Legal Responsibility and Accountability: Dares Atlantic explicitly states that it does not accept any form of legal responsibility or accountability for any matters concerning you, your Business, Organisation, Group, Product, Service, Idea, Customers, Audience, and Data. It is your sole responsibility to address any legal obligations or consequences that may arise from your business operations.

19. Access, Use of Accounts, and Third-Party Services

s.1. Required Account Information: To effectively execute certain services, you must provide Dares Atlantic with the necessary login information for your accounts. These may include website and hosting accounts, email accounts, cloud sharing or storage accounts, social networking accounts, financial accounts, customer database accounts, employee accounts, business associates accounts, and any other accounts requested for use.

s.2. Permission and Representation: By providing us with the necessary account information, you grant Dares Atlantic absolute permission to access these accounts on your behalf. We are authorised to act as representatives of your business or organisation throughout the duration of the contract as outlined in the Project Contract.

s.3. Special Permissions and Legal Requirements: If there are any special permissions or legal requirements associated with your accounts, such as specific laws pertaining to the viewing of information, including customer or employee data, it is your responsibility to promptly inform Dares Atlantic. We rely on your instructions to proceed safely and lawfully in handling such information.

s.4. Authority and Consent: By employing our services, you confirm that you have the authority to engage us and provide consent for us to view, manage, and interact with all the data you request us to handle. This includes inadvertent exposure to data. You acknowledge and accept that we have absolute permission to access and act on your behalf within the scope of the agreed-upon services.

s.5. Representation as Dares Atlantic: You acknowledge and agree that we do not, and will never, interact with others as Dares Atlantic when carrying out our services on your behalf. Any interactions we engage in will be under the guise of your business or organisation.

s.6. Timely Provision of Information: To ensure the timely execution of our services, you must provide us with all pertinent information necessary for us to carry out our work effectively. Failure to do so may impede our efforts and render the proposed outcomes null and void.

s.7. Third-Party Platforms and Tools: We reserve the right to refuse the use of any third-party platform, software, tool, or service. Additionally, Dares Atlantic retains discretion over the implementation of third-party platforms, tools, or services as deemed necessary for the successful execution of our services.

s.8. Data Storage and Security: Regarding access to your accounts, we do not store the information provided beyond the end of our active contract with you, the Client. We do not store any information belonging to your business or organisation at any point in time. We prioritise the security and privacy of your data throughout our engagement.

s.9. Analytics and Monitoring Tools: We may use Google Analytics and other monitoring tools to track and report traffic to our website and social networking sites. Certain services may require the use of analytical data monitoring to provide accurate results. It is your responsibility to review and comply with the laws governing the use of such tools and inform your customers, members, and visitors of their usage on your digital sites.

s.10. Timekeeping Services and VPN Usage: At our discretion, we may use timekeeping services to track and record our work. Additionally, we may use a Virtual Private Network (VPN) for enhanced security and global navigation.

20. Dispute Resolution

t.1. Good Faith Negotiation: Both parties agree to engage in good faith negotiations to resolve any disputes or disagreements that may arise during the course of our business relationship. We encourage open communication and constructive dialogue to address and resolve issues in a fair and timely manner.

t.2. Arbitration: If a dispute cannot be resolved through negotiation, both parties agree to submit the matter to arbitration in accordance with the laws of the United Kingdom. Arbitration provides an impartial and efficient alternative to traditional litigation, allowing for a faster resolution and reduced costs.

t.3. Arbitration Exclusions: It is important to note that arbitration does not apply under the following circumstances:

Dares Atlantic is pursuing a Client for unpaid sums: In cases where Dares Atlantic is seeking payment for services rendered, we are entitled to utilise financial recovery services and court orders to pursue the outstanding amounts owed.
Dares Atlantic intends to sue a Client or other party in court: If the situation necessitates legal action, such as in cases of intentional harm, fraud, or breach of contract, Dares Atlantic reserves the right to initiate legal proceedings in a court of law.

t.4. Final and Binding Decision: In arbitration proceedings, the decision of the arbitrator will be final and binding on both parties. The arbitrator’s determination will be based on the evidence presented and the applicable laws and regulations.

21. About Dares Atlantic

Dares Atlantic is open for business globally. We provide our services as an online-only, strictly web-based business that operates digitally, remotely, and virtually.

Business Hours

u.1. Official Time zone: Dares Atlantic operates on Greenwich Mean Time (GMT). All official business hours and time-related activities are based on this time zone.

u.2. Time zone Flexibility: While we recognise and are familiar with several time zones around the world, and frequently schedule meetings during customary business hours of foreign zones, our official business hours are strictly set to Greenwich Mean Time, which takes precedence over other time zones.

u.3. Discretion and Authority: Dares Atlantic retains absolute discretion, control, and authority over its hours of active operations. We reserve the right to modify our business hours as necessary and will communicate any changes in advance to our Clients and business partners.

Taxation Responsibilities

u.4. United Kingdom (UK) Taxation: Dares Atlantic is a business trading in the United Kingdom. As such, the owners of Dares Atlantic are responsible and required to pay taxes in accordance with the laws and regulations of the United Kingdom.

u.5. United States (US) Taxation: In addition to UK taxation, the owners of Dares Atlantic are also responsible and required to fulfil their tax obligations in the United States of America (USA), as applicable.

u.6. Annual Expenses Summary: We provide an invoice at the time of a transaction. We can also, on request, provide a ‘Total Sums Paid’ document for your tax purposes. Our services are often considered business expenses and therefore are tax deductible in some jurisdictions. We cannot and do not confirm this is the case in your country.

Insurance

u.7. Dares Atlantic holds Professional Indemnity Insurance.

Physical Presence and Address

u.8. No Brick-and-Mortar Premises: Dares Atlantic does not have or use a brick-and-mortar premises. Therefore, visiting Dares Atlantic’s address, which is registered explicitly for tax and documentation purposes, is strictly prohibited.

Meeting Arrangements

u.9. Online Meetings: Dares Atlantic primarily conducts meetings online using virtual meeting platforms. We are committed to providing efficient and effective communication through these digital channels.

u.10. In-person Meetings: At our discretion, Dares Atlantic may offer to travel to your place of business or another agreeable nominated place. The decision to travel will be determined by us based on the circumstances and requirements of the meeting.

Document Delivery

u.11. Digital-only Methods: Dares Atlantic is committed to operating in an environmentally friendly manner and promoting sustainability. Therefore, we deliver all documentation, including Terms of Service, Project Contracts, agreements, and invoices, exclusively through digital channels. Clients and business partners are required to accept and receive these documents digitally.

Flexibility and Service Delivery

u.12. Flexibility Advantage: Dares Atlantic prides itself on the flexibility it offers, setting it apart from competitors. As a private family-owned and operated business, we strive to accommodate the needs of our Clients and provide excellent service, but we may not be able to provide service at any given time or on any given date.

u.13. Unforeseen Delays: While we make every effort to adhere to our commitments, unforeseen delays in providing service may occur. If such delays arise, and they are not delays or interruptions caused by a third-party, and are instead caused by us, we will make good on the lost time by providing an equal amount of time.

22. Provisions and Guidance

By engaging our services, you acknowledge that you have carefully read, fully understood, and agree to abide by the following Terms of Service. This agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior or contemporaneous oral or written agreements. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless it is in writing and signed by both parties.

v.1. Please note the following provisions:

Amendment of, or changes to, our Terms of Service: These Terms of Service are subject to amendment and change at any time without prior notice. It is your responsibility to review the most current version of our Terms of Service before using our services. Your continued use of our services after any amendments or changes to our Terms of Service constitutes your acceptance of such amendments and changes.
Applicable Law: By engaging our services you agree to be bound by these terms and bound by the laws of the United Kingdom where they are set. Any disputes arising out of or relating to this agreement shall be subject to the exclusive jurisdiction of the courts located within the United Kingdom, regardless of the Client’s location or wherever in the world the Client deploys our services.

We encourage you to seek independent legal advice if you have any questions or concerns regarding our Terms of Service. Should you disagree with any of the terms outlined herein, we advise against using our services.

Please keep in mind that these Terms of Service are a legally binding agreement between you and Dares Atlantic. It is essential to fully understand and comply with these terms to ensure a mutually beneficial and harmonious business relationship.

23. Penalty for Breach of Terms of Service

w.1. By using our services, the Client agrees to abide by our Terms of Service. It is understood and agreed that any breach of any part of these terms will warrant a penalty of £100 (British Pounds) for each violation, breach, and infraction. This stipulation here serves as our initial warning to the Client.

w.2. The Client acknowledges and agrees to be subject to this penalty and undertakes to pay on demand the aforementioned amount for each instance of non-compliance with our Terms of Service.

w.3. The penalty is intended to serve as a reasonable measure to deter non-compliance and compensate for any damages or costs incurred by our company as a result of the violation. The payment of the penalty does not relieve the Client from any other obligations or liabilities arising from the breach of our Terms of Service.

w.4. In addition to the penalty, Dares Atlantic reserves the right to pursue any other legal remedies available under applicable laws or regulations to address the breach, seek damages, or enforce compliance.

w.5. Please note that the imposition of the penalty does not waive our right to terminate or suspend the provision of our services in the event of a severe or repeated breach of our Terms of Service.

w.6. By continuing to use our services, the Client acknowledges and agrees to the penalty for any violation, breach, or infraction of our Terms of Service.

24. GDPR

Introduction

This GDPR Policy outlines the principles, practices, and procedures followed by Dares Atlantic in compliance with the General Data Protection Regulation (GDPR) as applicable in the United Kingdom. This policy aims to protect the privacy and personal data of individuals and ensures that all data processing activities carried out by Dares Atlantic adhere to the legal requirements set forth by the GDPR

Data Controller and Data Protection Officer

Dares Atlantic acts as the Data Controller for the personal data it processes. The designated Data Protection Officer (DPO) for Dares Atlantic can be contacted at:

Addressee: Data Protection Officer | Email: ahoy@daresatlantic.com

Scope

This GDPR Policy applies to all personal data processed by Dares Atlantic regardless of the format or medium used, including electronic, paper, and oral.

Principles of Data Protection

Dares Atlantic adheres to the following principles of data protection as set out in the GDPR:

Lawfulness, Fairness, and Transparency: Personal data is processed lawfully, fairly, and transparently, ensuring that individuals are informed about the processing activities and their rights.
Purpose Limitation: Personal data is collected for specified, explicit, and legitimate purposes and is not further processed in a manner incompatible with those purposes.

Data Minimisation

Personal data is adequate, relevant, and limited to what is necessary in relation to the purposes for which it is processed.

Accuracy: Personal data is accurate, kept up to date, and appropriate measures are in place to rectify inaccuracies.
Storage Limitation: Personal data is stored for no longer than necessary for the purposes it was collected, taking into account legal obligations and business needs.
Integrity and Confidentiality: Appropriate technical and organisational measures are in place to ensure the security and confidentiality of personal data.
Accountability: Dares Atlantic is responsible for complying with the principles of data protection and demonstrating such compliance.

Lawful Basis for Processing Personal Data

Dares Atlantic processes personal data based on one or more lawful bases as defined in Article 6 of the GDPR. These include:

Consent: When individuals have given clear and explicit consent for their data to be processed.
Contractual Necessity: When processing is necessary for the performance of a contract with the data subject.
Legal Obligation: When processing is necessary to comply with a legal obligation.
Vital Interests: When processing is necessary to protect someone’s life.
Legitimate Interests: When processing is necessary for the legitimate interests pursued by Dares Atlantic or a third party.

Rights of Data Subjects

Dares Atlantic respects the rights of data subjects as granted under the GDPR. These rights include:

Right to be Informed: Data subjects have the right to be informed about the collection and use of their personal data.
Right of Access: Data subjects have the right to request access to their personal data and receive a copy of it.
Right to Rectification: Data subjects have the right to request the correction or updating of their personal data.
Right to Erasure: Data subjects have the right to request the deletion of their personal data under certain circumstances.
Right to Restrict Processing: Data subjects have the right to request the restriction of processing their personal data.
Right to Data Portability: Data subjects have the right to request the transfer of their personal data to another organisation.
Right to Object: Data subjects have the right to object to the processing of their personal data in certain situations.
Right to Withdraw Consent (where relevant).
Right to Contact the Information Commissioner.

By continuing to engage our services, you acknowledge that you have read, understood, and agreed to be bound by Dares Atlantic’s Terms of Service.

You can read an excerpt from our Terms of Service pertaining to our Management, Remote, and Virtual Executive Assistance Services here. Remember, this is an extract from our Terms of Service. You must read and agree to our complete Terms of Service as its provisions apply to this service.

Effective Date: 18^th of December 2020

Definitions: The terms “We,” “Our,” and “Us” refer to Dares Atlantic. The terms “You,” “Your(s),” and “Client” refer to the Client who engages our services.

Please carefully read the following information: By employing the services of Dares Atlantic, you enter into a contract with us and acknowledge, agree to, approve of, and accept all of our Terms of Service documents, which include the following Terms of Service:

Management, Remote, and Virtual Executive Assistance

Here we outline critically important information, requirements, and stipulations concerning your use of our Management, Remote, and Virtual Executive Assistance services. You must read, accept, and adhere to these terms in conjunction with our complete Terms of Service to receive service from Dares Atlantic. This section is not separate from our general terms, it is part of our complete Terms of Services.

Service

p.1. Dares Atlantic agrees to provide management and virtual executive services as agreed upon with the Client. The services may include, but are not limited to, executive assistance, project management, business development, strategic planning, administrative support, marketing, and other management-related tasks. Services may also include, but are not limited to, strategic planning, business analysis, organisational development, process improvement, change management, and other management-related advisory services. The specific details of the services, including deliverables, timelines, and pricing, shall be outlined in a Project Contract.

Client Obligations

p.2. The Client shall provide all necessary information, documents, and access to relevant systems required for the efficient execution of our services.

p.3. The Client shall provide clear instructions, guidelines, and expectations to enable Dares Atlantic to perform the assigned tasks effectively.

p.4. The Client shall promptly respond to requests for information, feedback, and approvals to ensure the timely completion of our services.

Business Relationship:

p.5. Dares Atlantic is a contractor, and expresses and enjoys Independent Contractor Status.

p.6. The Client contracts services from Dares Atlantic.

p.7. Dares Atlantic is not, and will never become, the Client’s employee.

p.8. The Client has no authority to bind Dares Atlantic or act on its behalf.

p.9. Dares Atlantic is not subject to the Client’s policies, rules or procedures.

p.10. Dares Atlantic is responsible for all of its taxes, insurance, and other statutory obligations related to their services and status of trading. No tax withholdings shall be made by the Client on behalf of Dares Atlantic.

Confidentiality

p.11. Dares Atlantic shall maintain the confidentiality of any sensitive or proprietary information disclosed during the course of the engagement. The Client shall do the same.

p.12. Confidential information includes, but is not limited to, business strategies, financial data, Client lists, trade secrets, and any other proprietary information.

p.13. Dares Atlantic shall take reasonable measures to protect the confidentiality of such information and shall not disclose it to any third party without the written consent of the Client. The Client shall do the same.

Payment Terms

p.14. The Client shall pay Dares Atlantic the agreed-upon fees for the services rendered, as outlined in the Project Contract. Payment terms, including due dates and accepted payment methods, shall be specified in the Project Contract.

p.15. Payment is due in preparation of commencing work. Pursuant to our Cancellation and Refund stipulations, there is no recourse to refund once work has commenced.

p.16. In the event of late or non-payment, Dares Atlantic reserves the right to suspend or terminate our services until payment is received in full. We may discontinue our services after payment is made if we do not have confidence in the Client’s ability to make future payments, without penalty to Dares Atlantic and without providing a refund of any sum paid.

Intellectual Property

p.17. Dares Atlantic retains all rights, title, and interest in any intellectual property created or developed during the course of providing our services, including, but not limited to reports, presentations, documents, and other deliverables.

p.18. Upon full payment of the fees, Dares Atlantic grants the Client a non-exclusive, non-transferable, revocable license to use the deliverables for the agreed-upon purposes.

p.19. The Client shall not use the deliverables for any purposes other than those explicitly specified in the Project Contract without obtaining the prior written consent of Dares Atlantic.

Limitation of Liability

p.20. Dares Atlantic shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the services provided, including, but not limited to lost profits, loss of data, complaints, or business interruption.

p.21. The maximum liability of Dares Atlantic for any claim or cause of action, whether in contract, tort, or otherwise, shall be limited to the fees paid by the Client for the specific services that gave rise to the claim.

Termination

p.22. Either party may terminate the Project Contract in the event of a material breach by the other party, provided written notice of the breach is given and the breaching party fails to remedy the breach within a reasonable period.

p.23. In the event of termination, the Client shall pay Dares Atlantic for all services rendered up to the date of termination, as well as any expenses incurred.

Non-Solicitation

p.24. During the term of the Project Contract, the Client shall not directly or indirectly solicit or hire any other business, employee, executive, or contractor to carry out the services we are expected to fulfil as outlined within the Project Contract without Dares Atlantic’s prior written consent. To do so risks hampering our ability to perform our work.

p.25. If the Client hires or accepts another party to carry out the same or similar tasks outlined in the Project Contract, Dares Atlantic reserves the right to immediately terminate our agreement with no penalty to Dares Atlantic and no refund of sums paid.

p.26. If the Client intends, expects, or feels they may hire or include another party at a later date, or they have already done so, they must inform Dares Atlantic during an initial consultation.

Warranty

p.27. Dares Atlantic shall make reasonable efforts to ensure the accuracy, reliability, and quality of its services, but does not warrant that the services will be free from errors, defects, viruses, or other harmful components.

p.28. The Client acknowledges and accepts that the use of the Dares Atlantic’s services is at their own risk, and Dares Atlantic shall not be held liable for any damages or losses arising from errors, defects, interruptions, customer feedback, reviews, or complaints, or other service-related issues.

Indemnification

p.29. The Client agrees to indemnify, defend, and hold harmless Dares Atlantic and its directors, partners, officers, employees, and affiliates from and against any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney fees) arising out of or in connection with Dares Atlantic.

You can read an excerpt from our Terms of Service pertaining to our Web Development Services here. Remember, this is an extract from our Terms of Service. You must read and agree to our complete Terms of Service as its provisions apply to this service.

Effective Date: 18^th of December 2020

Definitions: The terms “We,” “Our,” and “Us” refer to Dares Atlantic. The terms “You,” “Your(s),” and “Client” refer to the Client who engages our services.

Please carefully read the following information: By employing the services of Dares Atlantic, you enter into a contract with us and acknowledge, agree to, approve of, and accept all of our Terms of Service documents, which include the following Terms of Service:

Website Development