1. Introduction
Welcome to Invate Digital. These Terms and Conditions (“Terms”) govern your access to and use of our website, https://invatedigital.com/, and the services we offer.
In these Terms, “Invate Digital,” “we,” “our,” or “us” refers to Invate Digital, and “you” or “your” refers to any visitor, prospective client, customer, or other person accessing our website or using our services.
By accessing our website, submitting an enquiry, or purchasing our services, you agree to comply with these Terms where applicable. If you do not agree with these Terms, please discontinue use of the website and refrain from purchasing our services.
2. Our Services
Invate Digital provides digital and creative services, which may include:
- Website design and development.
- Custom software and web application development.
- Mobile application development.
- Logo design and brand identity development.
- Branding and creative design.
- Digital marketing and SEO services.
- Marketing strategy and campaign management.
- Content writing and content development.
- Editing and proofreading.
- Other related services agreed upon with clients.
The precise scope, deliverables, pricing, timeline, and conditions for any project will be determined by the applicable quotation, proposal, invoice, statement of work, or written service agreement.
We reserve the right to modify, introduce, or discontinue website content or services, subject to existing contractual commitments and applicable law.
3. Website Use
You may use our website for lawful purposes and in accordance with these Terms.
You agree not to:
- Use the website in violation of applicable laws or regulations.
- Attempt to gain unauthorised access to our website, servers, systems, or accounts.
- Introduce malicious code, viruses, or other harmful material.
- Interfere with the operation, availability, or security of our website.
- Use automated systems to access or extract website content in a manner that violates applicable law or our rights.
- Copy, reproduce, distribute, or commercially exploit website content without permission where permission is required.
- Submit false, misleading, fraudulent, or unlawful information through our website.
We may restrict or suspend access where reasonably necessary to protect our website, users, business, or legal rights.
4. Enquiries, Quotations, and Orders
Submitting an enquiry through our website does not automatically create a contractual relationship.
We may request further information to understand your requirements before providing a quotation or proposal.
A project will generally begin after the relevant scope, pricing, timeline, payment terms, and other material conditions have been agreed upon and any required initial payment has been received.
Unless expressly stated otherwise, quotations are subject to the validity period and conditions stated in the quotation itself.
Changes to an agreed project may require written approval, additional fees, or revised delivery dates.
5. Pricing and Payments
Our service prices and payment arrangements will be communicated through the applicable quotation, invoice, proposal, or service agreement.
Depending on the project, payment may be required in advance, by milestone, or upon completion of specified work.
You agree to pay all authorised charges in accordance with the agreed payment terms.
Unless otherwise agreed in writing, additional work outside the original scope may be charged separately.
Where permitted by law, we may pause work or withhold undelivered deliverables if an agreed payment remains overdue, after providing any notice required by the applicable agreement or law.
Any applicable taxes, transaction fees, or third-party charges will be addressed in the relevant quotation or agreement.
6. Project Timelines and Delivery
We aim to deliver projects within the timelines agreed with our clients.
Delivery dates may depend on the timely provision of content, feedback, approvals, access credentials, payments, and other necessary information.
If project requirements change or delays occur, we will communicate any material impact on the delivery schedule where reasonably practicable.
We are not responsible for delays caused by circumstances outside our reasonable control, including third-party service interruptions, hosting failures, platform changes, or client delays, subject to applicable law and our contractual obligations.
7. Client Responsibilities
To enable successful project delivery, you agree to:
- Provide accurate and complete project information.
- Supply content, images, branding materials, and other necessary resources in a timely manner.
- Ensure you have the necessary rights and permissions to use any materials you provide.
- Review work and provide feedback or approvals within agreed timeframes.
- Maintain the security of accounts and credentials you control.
- Ensure that your requested project or intended use complies with applicable law.
You remain responsible for the accuracy, legality, and permissions associated with materials you supply to us.
We may request clarification or refuse to use materials that appear unlawful, infringing, deceptive, or otherwise inappropriate.
8. Revisions and Changes to Scope
The number of revisions, revision deadlines, and approval process may vary by service and will be specified in the relevant agreement or proposal where applicable.
Requests that materially change the agreed scope, functionality, design direction, or deliverables may require additional payment and an updated timeline.
We will seek agreement on significant changes before undertaking additional chargeable work.
9. Intellectual Property Rights
Our Website and Materials
Unless otherwise stated, the text, branding, graphics, design elements, and other materials published on our website are owned by Invate Digital or used with permission.
You may not reproduce, modify, distribute, or commercially exploit these materials without the necessary authorisation, except where permitted by law.
Client Deliverables
Ownership and usage rights for project deliverables will be governed by the applicable written agreement.
Unless otherwise agreed, and subject to full payment and any third-party licence restrictions, we intend to transfer or grant the agreed rights to the final deliverables specified in the project agreement.
Pre-existing materials, reusable tools, general methods, third-party assets, fonts, software libraries, templates, and other components may remain subject to their original ownership and licence terms.
Any transfer of intellectual property rights will be limited to the rights expressly agreed upon and legally transferable.
Client-Supplied Materials
You retain ownership of materials you own and provide to us, subject to any permissions necessary for project delivery.
You grant us permission to use, reproduce, and modify those materials only as reasonably necessary to perform the agreed services.
10. Confidentiality
We will take reasonable steps to protect confidential information shared in connection with a project and use it for legitimate business purposes related to the agreed services.
You agree not to disclose our confidential business information, proprietary materials, or non-public project information except as authorised or required by law.
Where appropriate, the parties may enter into a separate non-disclosure agreement. Any such agreement will apply according to its terms.
11. Third-Party Services and Tools
Our services may involve third-party platforms, hosting providers, domain registrars, advertising networks, payment processors, software, APIs, plugins, or other external services.
These services may be governed by separate terms, privacy policies, licence conditions, fees, and operational limitations.
Unless expressly agreed otherwise, we do not control the availability, security, policies, pricing, or future operation of third-party services.
We are not responsible for third-party failures or changes beyond our reasonable control, except to the extent liability cannot lawfully be excluded or we have expressly accepted responsibility in writing.
12. Digital Marketing and Performance Disclaimer
Digital marketing, SEO, advertising, branding, and content services can support business growth, but outcomes depend on numerous factors beyond our control.
Unless expressly guaranteed in a written agreement, we do not promise particular search engine rankings, website traffic, conversion rates, sales, leads, revenue, advertising returns, or business growth.
Recommendations and reports are based on the information and circumstances available at the time they are prepared. Search engine algorithms, market conditions, advertising policies, and consumer behaviour may change.
Clients remain responsible for their business decisions and for reviewing the suitability of marketing strategies for their specific circumstances.
13. Website and Software Disclaimer
We aim to provide professional digital solutions that meet the requirements agreed with each client.
However, no website, software application, or online service can be guaranteed to operate without interruption, errors, vulnerabilities, or compatibility issues in every environment.
Maintenance, hosting, security monitoring, updates, technical support, and post-launch changes are included only where specified in the relevant agreement.
Any applicable warranties, support periods, bug-fix commitments, or service-level commitments will be governed by the relevant written agreement and applicable law.
14. Limitation of Liability
To the extent permitted by applicable law, Invate Digital will not be liable for indirect, incidental, special, or consequential losses arising from the use of our website or services, including loss of profits, anticipated savings, business opportunities, or data.
We will not be responsible for losses caused by circumstances beyond our reasonable control, misuse of deliverables, unauthorised modifications, or third-party systems, except where applicable law or our contractual obligations provide otherwise.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct where exclusion is prohibited, or any liability that cannot legally be excluded or limited.
Any further limitation or cap on liability must be expressly agreed in writing and must comply with applicable law.
15. Indemnification
To the extent permitted by applicable law, you agree to be responsible for claims, losses, or expenses arising from your unlawful use of our website, your infringement of third-party rights, or materials you supplied without the necessary rights or permissions.
This provision does not apply to the extent a claim results from our own breach of contract, negligence, misconduct, or other conduct for which we are legally responsible.
16. Cancellation and Refunds
Project cancellations, refund requests, and payment disputes are handled in accordance with our Refund Policy and any applicable written project agreement.
The applicable terms may depend on the project stage, work completed, third-party expenses, and circumstances of the cancellation.
Nothing in these Terms removes any mandatory refund, cancellation, or consumer rights available under applicable law.
Please review our Refund Policy for further information.
17. Suspension and Termination
We may suspend or terminate access to our website or discontinue a service where reasonably necessary because of unlawful activity, a material breach of an applicable agreement, security risks, or other legitimate grounds.
Where required by law or the relevant agreement, we will provide appropriate notice and an opportunity to address the issue.
Termination of a project does not automatically cancel outstanding payment obligations for work already performed or expenses properly incurred. Any final settlement will be determined under the relevant agreement and applicable law.
18. Privacy
Your use of our website is also subject to our Privacy Policy, which explains how we collect, use, and protect personal information.
Please review the Privacy Policy for further details about our data-handling practices and applicable privacy rights.
19. External Links
Our website may include links to external websites or resources for convenience or informational purposes.
We do not necessarily endorse or control third-party content and are not responsible for its accuracy, availability, or policies.
Accessing external websites is at your own discretion, and you should review their applicable terms and privacy policies.
20. Changes to These Terms
We may update these Terms to reflect changes in our business, services, website functionality, or legal obligations.
Updated Terms will be published on this page with a revised “Last Updated” date.
Changes will apply as permitted by applicable law. Existing project agreements will remain subject to their terms unless the parties agree otherwise or a change is legally required.
21. Governing Law and Disputes
The governing law and courts applicable to a particular project may be specified in the relevant written agreement.
Where no separate agreement addresses this matter, the applicable law and jurisdiction will be determined in accordance with the relevant legal rules and circumstances.
We encourage clients to contact us first to discuss concerns and seek an amicable resolution before pursuing formal proceedings, where appropriate.
Nothing in this section removes any mandatory rights or legal protections available to you.
22. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
23. Entire Agreement
These Terms, together with any applicable quotation, proposal, statement of work, service agreement, and referenced policies, govern the relevant website use or service relationship.
If a separate written project agreement conflicts with these general Terms, the project agreement will take precedence for that project to the extent specified in the agreement and permitted by applicable law.