Terms & Conditions

Creative production for tech companies

Effective date: [May, 20, 2026] Last updated: [May, 20, 2026]

The following terms and conditions apply to all services, including desktop publishing, content writing, web and app development, graphic design, video editing, social media management, data analysis, and dashboard creation (the Services), provided by DOTMARQ (DOTMARQ, we, us, our) to the Client, in conjunction with any relevant quotation, proposal, or statement of work issued by DOTMARQ (Terms), unless otherwise agreed in writing. Acceptance of a quote, statement of work, written authorisation, or use of the Services shall be considered acceptance of these Terms.

These Terms also govern use of the website at dotmarq.com (the Site) by any visitor. By using the Site, you confirm that you have read and agreed to these Terms and to our Privacy Policy and Cookie Notice. If you do not agree, please do not use the Site or engage us.

1. Charges

Charges for the Services are defined in the quotation, proposal, or statement of work (each a SOW) that the Client receives from DOTMARQ via email. Quotations are valid for a period of thirty (30) days. DOTMARQ reserves the right to alter a quotation or decline to provide the relevant Services after expiry of this period. Unless agreed otherwise in writing, all engagements require an advance payment of a minimum of fifty (50) percent of the SOW total before work commences. For larger engagements, a milestone structure of forty (40) percent on signing, thirty (30) percent on concept approval, and thirty (30) percent on final delivery may be agreed in the SOW. The remaining balance is due upon completion of the work and before final delivery, upload to any server, or release of native source files. The Client agrees to reimburse DOTMARQ for any additional expenses reasonably necessary for completion of the work. Expenses may include (but are not limited to) the purchase of domain names, special fonts, stock photography, stock footage, music synchronisation licences, premium plugins, paid APIs, and third-party platform subscriptions. All Charges are quoted exclusive of VAT, GST, withholding tax, and any other applicable taxes; where withholding tax applies in the Client’s jurisdiction, the Client shall gross up so that DOTMARQ receives the full invoiced amount.

2. Invoicing and Payment

DOTMARQ shall submit invoices in line with the milestones set out in the SOW. Invoices are normally sent via email; printable PDF invoices are available on request. Unless otherwise stated in the SOW, payment is due within fourteen (14) days of the invoice date.

Payment for Services is accepted by international bank transfer (SWIFT), Wise, or Western Unionl, with full bank details provided on each invoice. Fees are quoted and invoiced in US dollars (USD) or euros (EUR) unless otherwise specified. All wire fees, intermediary-bank charges, currency-conversion costs, and payment-platform fees are borne by the Client, so that DOTMARQ receives the gross invoiced amount; international wires should be sent on an “OUR” charge basis where possible.

If the Client fails to make any payment due to DOTMARQ by the due date, then, without limiting DOTMARQ’s other remedies, the Client shall pay a charge on the overdue amount at the rate of 0.5% per month, or the maximum rate permitted by applicable law if lower. Such interest shall accrue daily from the due date until actual payment, whether before or after judgment, and shall be payable together with the overdue amount.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. While an account is in default, DOTMARQ may, at its discretion, suspend all work, withhold deliverables and IP transfer, remove or pause access to any hosted services or social tools under its control, and reassign team members. DOTMARQ is not responsible for any loss arising from such suspension. Clients with accounts in default agree to pay DOTMARQ’s reasonable expenses, including legal fees and collection costs, incurred in enforcing these Terms. Payments must come from an account in the contracting Client’s name; third-party payments require prior written consent and may trigger additional compliance checks (see clause 21).

3. Change Control Process

As part of our project management process, we operate a written change control process. It comes into effect if your needs change, or if you find you need additional features, after a SOW has been signed off or once we have moved on to the design or production phase of your project.

Each SOW includes a defined number of revision rounds within the original creative direction by default, three (3) rounds of revisions per deliverable. Substantive revisions beyond that, or any request that materially alters the original brief, scope, deliverables, technology stack, or timeline, will be handled through a written change order specifying the additional work, the additional fee, and any timeline impact.

We ask the Client to submit a short change request that summarises what is needed. DOTMARQ then assesses whether the change is possible at the stage at which it has been requested, whether it can be absorbed into the existing SOW, or whether it will be priced as additional work. The new scope will not start until the change order is signed. This keeps the project on track and within budget.

4. Client Review

DOTMARQ will provide the Client with an opportunity to review the appearance, content, and functionality of each deliverable during the production phase and once the overall engagement is complete. At each review point, the Client will, within seven (7) business days, either accept the deliverable in writing or provide a single, consolidated, written list of specific non-conformities against the SOW. If the Client does not respond within seven (7) business days, or uses the deliverable in production, the deliverable will be deemed accepted. Acceptance is final and triggers the next milestone payment. After the project, all materials will be deemed accepted and approved unless the Client notifies DOTMARQ otherwise within ten (10) days of the date the materials are made available to the Client.

5. Turnaround Time and Content Control

DOTMARQ will deliver the Services by the dates specified in the SOW, or as agreed with the Client upon DOTMARQ receiving the initial payment, unless a delay is requested by the Client and agreed by DOTMARQ. Deadlines run both ways: they assume the Client provides approvals, materials, and instructions on time. In return, the Client agrees to provide DOTMARQ promptly with all necessary cooperation, information, materials, brand assets, access credentials, and data, and timely decision-making which may reasonably be required by DOTMARQ for performance of the Services. This shall include the Client nominating a single individual as the primary contact with authority to approve work on behalf of the Client, plus a backup contact in case the primary contact is unavailable. During the project, DOTMARQ will require the Client to provide content (text, images, video, audio, data sources, and any relevant background information) in the formats reasonably requested.

6. Failure to Provide Required Materials

DOTMARQ schedules its team and capacity to perform work at the times agreed. On occasions, we may have to decline other enquiries or rearrange other projects to ensure that your work is completed at the time arranged. This is why we ask the Client to provide all required information in advance.

On any occasion where progress cannot be made because the Client has not provided required information, assets, approvals, or feedback within the agreed time frame, and DOTMARQ is delayed as a result, DOTMARQ reserves the right to impose a surcharge of up to twenty-five (25) percent of the affected Charges, to reschedule deliveries, and to charge any additional cost caused by the delay. Where the Services involve search engine optimisation or content writing, we require text content and source materials in advance so that work can be planned and completed efficiently.

If the Client fails to provide required information or feedback within thirty (30) consecutive days of the agreed deadline, DOTMARQ reserves the right to close the project; the balance remaining under the SOW becomes immediately payable, and a remobilisation fee of ten (10) to fifteen (15) percent of the remaining fees may be applied when work resumes. We ask that you do not give us the go-ahead to start until you are ready to do so.

NOTE: Text content should normally be delivered as a Microsoft Word, Google Docs, or equivalent document, with sections in the supplied document clearly mapped to the deliverable structure agreed in the SOW. Contact us if you need clarification on this.

7. Web Browsers and Device Compatibility

For web and app development engagements, DOTMARQ makes every effort to ensure that websites and applications are designed to be viewed and used by the majority of visitors. Websites are designed and tested to work with the current versions of the major desktop browsers (Chrome, Safari, Edge, and Firefox) and the current versions of mobile Safari (iOS) and Chrome (Android), unless a different scope is agreed upon in the SOW. The Client agrees that DOTMARQ cannot guarantee correct functionality with all browser software, plugins, or operating system combinations.

DOTMARQ cannot accept responsibility for web pages or app screens that do not display acceptably in new versions of browsers, operating systems, or devices released after the project has been delivered and handed over to the Client. As such, DOTMARQ reserves the right to quote separately for any work involved in updating the website or application to work with newer browser software, devices, or operating systems.

8. Termination

Termination of Services by the Client must be requested in writing and will be effective on receipt of such notice. Email or telephone requests for termination will not be honoured until and unless confirmed in writing.

The Client will be invoiced for all work completed and in progress to the date of first notice of cancellation, including any expenses incurred under clause 1, plus a kill fee equal to twenty-five (25) percent of the remaining unbilled fees under the SOW; the invoice is payable in full within thirty (30) days. Either party may terminate immediately for cause on written notice if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days of written notice (fourteen (14) days for non-payment), or becomes insolvent, files for bankruptcy, or has a receiver appointed.

On any termination, DOTMARQ will, on full settlement of accrued fees, cooperate reasonably with the handover of completed and paid-for work product, repositories, and access credentials. Clauses that by their nature should survive termination, including intellectual property, confidentiality, liability, indemnity, and governing law, shall continue in effect.

9. Indemnity

All DOTMARQ Services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless DOTMARQ against all damages, losses, and expenses (including reasonable legal fees) arising as a result of any actions or claims resulting from: the Client’s use or misuse of DOTMARQ’s Services; the Client’s breach of these Terms; the Client’s instructions or Client-supplied content, materials, data, or tools; or the Client’s use of deliverables outside the licensed scope or in violation of any law or third-party right.

DOTMARQ, for its part, will defend the Client against third-party claims that the deliverables, excluding Client-supplied content and any purely AI-generated portion absent DOTMARQ’s negligence, infringe a third party’s intellectual property rights, subject to the limit of liability in clause 23 and on condition of prompt written notice, DOTMARQ’s sole control of the defence and settlement, and the Client’s reasonable cooperation.

10. Intellectual Property

Background IP means any IP Rights, other than Foreground IP, that are used in connection with these Terms or any engagement, including DOTMARQ’s methodologies, frameworks, design systems, code libraries, scripts, AI prompts, templates, presets, and internal tools, together with any pre-existing materials provided by the Client.

Foreground IP means any IP Rights that arise, or are obtained or developed by (or by a contractor on behalf of) either party in respect of the Services and deliverables under or in connection with these Terms.

IP Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered, including all applications, renewals, extensions, and rights to claim priority, and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.

All Background IP shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived). The Client grants DOTMARQ a non-exclusive licence to use Client-supplied Background IP for the purpose of performing the Services, which may be sub-licensed to any contractor or sub-processor acting on behalf of DOTMARQ. The Client must obtain all permissions and rights to use any material it provides that is owned by a third party, and shall indemnify and hold harmless DOTMARQ against all damages, losses, and expenses arising as a result of any claim that materials provided by or on behalf of the Client infringe the IP Rights of a third party.

Upon receipt of full payment for the relevant deliverable, all Foreground IP in the final deliverables (excluding DOTMARQ’s Background IP embedded in them, and excluding any third-party assets governed by their own licences) is assigned to the Client. Where any portion of the deliverable does not qualify as a work made for hire under applicable law, this clause operates as an express, irrevocable assignment of all such rights to the Client. DOTMARQ retains, and is hereby granted by the Client, a perpetual, worldwide, royalty-free licence to use DOTMARQ’s Background IP embedded in the deliverable, and grants the Client a perpetual, worldwide, non-exclusive, royalty-free licence to use that Background IP solely as integrated in the deliverable. Trademark and trade-dress clearance for any name, logo, or mark created in the deliverable is the Client’s responsibility.

11. Confidentiality

Each party (the Receiving Party) shall use its reasonable endeavours to keep confidential all information and documentation disclosed by the other party (the Disclosing Party), before or after the date of these Terms, which relates to any software, operations, products, processes, dealings, trade secrets, business plans, customer lists, financial information, or proprietary materials (including all associated software, specifications, designs, and graphics), or which is identified by the Disclosing Party as confidential (the Confidential Information). The Receiving Party will not use any Confidential Information for any purpose other than performance of its obligations under these Terms, and will not disclose Confidential Information to any third party without the prior written consent of the Disclosing Party. This clause shall survive the termination of these Terms for a period of five (5) years, or indefinitely with respect to trade secrets.

During the term of these Terms, the Receiving Party may disclose the Confidential Information to its employees, contractors, and sub-processors (each a Recipient) to the extent reasonably necessary for these Terms. The Receiving Party shall procure that each Recipient is made aware of and complies with all of the Receiving Party’s obligations of confidentiality under these Terms as if the Recipient were a party to these Terms.

The obligations in this clause shall not apply to any Confidential Information which is: already in, or comes into, the public domain other than through breach of these Terms; furnished to the Receiving Party by a third party having a bona fide right to do so without restriction; independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; or required to be disclosed by law or regulatory requirement, provided that the Receiving Party gives the Disclosing Party as much notice as reasonably practicable. All tangible forms of Confidential Information shall remain the property of the Disclosing Party and shall be returned or destroyed on request or on termination of these Terms, whichever is earlier.

12. Data Protection

For this clause, Data Protection Law means the EU General Data Protection Regulation (EU) 2016/679 (GDPR), the UK GDPR and Data Protection Act 2018, the California Consumer Privacy Act and California Privacy Rights Act (CCPA/CPRA), Singapore’s Personal Data Protection Act (PDPA), Bangladesh’s Personal Data Protection Ordinance 2025, and any other data-protection or privacy laws applicable to DOTMARQ or the Client from time to time. Both parties will comply with all applicable requirements of the Data Protection Law. The Client will comply with Data Protection Law in connection with the collection, storage, and processing of personal data, including providing all required fair-processing information to, and obtaining all necessary consents from, data subjects, and maintaining all relevant regulatory registrations and notifications. Where DOTMARQ processes any personal data on the Client’s behalf when performing its obligations under these Terms, the Client is the controller, and DOTMARQ is the processor for Data Protection Law. For California clients, DOTMARQ acts as a service provider under the CPRA. The scope, nature, and purpose of processing, the duration of the processing, and the types of personal data and categories of data subject are set out in our Privacy Notice, the SOW, and any separate Data Processing Agreement (DPA) the parties enter into, which (for transfers from the EEA or UK) shall incorporate the European Commission’s Standard Contractual Clauses or equivalent safeguards. In relation to the processing of personal data, DOTMARQ shall: process personal data only on the Client’s documented instructions; ensure that persons authorised to process personal data are subject to confidentiality obligations; implement and maintain appropriate technical and organisational security measures; promptly refer all data-subject requests to the Client and assist the Client in responding; assist the Client in ensuring compliance with its obligations under Articles 32 to 36 of the GDPR (and equivalent obligations under other laws), taking into account the nature of processing and the information available to DOTMARQ; retain personal data in accordance with the retention periods set out in the SOW or our Privacy Notice; make available to the Client all information reasonably necessary to demonstrate compliance, on reasonable prior notice and not more than once per calendar year; and notify the Client without undue delay (and where possible within seventy-two (72) hours) of becoming aware of a personal data breach affecting personal data processed on the Client’s behalf. The Client grants DOTMARQ general authorisation to engage sub-processors. DOTMARQ will inform the Client before transferring any personal data processed on the Client’s behalf to a new sub-processor; the Client has seven (7) calendar days to object on reasonable grounds, failing which the sub-processor is deemed accepted. DOTMARQ shall enter into appropriate written agreements with all of its sub-processors on terms substantially similar to these Terms and shall remain primarily liable to the Client for the performance of those sub-processors.

13. Standard Media Delivery

Unless otherwise specified in the SOW, these Terms assume that any text will be provided by the Client in electronic format (Microsoft Word, Google Docs, or plain text delivered via email, shared drive, or cloud storage) and that all photographs, video, audio, and other graphics will be provided electronically in industry-standard formats for images, JPEG, PNG, TIFF, or PDF at print-suitable resolution; for video, MP4, MOV, or ProRes; for audio, WAV or high-bitrate MP3; for data, CSV, XLSX, or JSON. Vector logos should be supplied in AI, EPS, SVG, or PDF format.

Although every reasonable attempt will be made by DOTMARQ to return to the Client any physical materials provided for use in the creation of deliverables, such return cannot be guaranteed. We recommend that Clients retain copies of all original assets at their end.

14. Design Credit, Portfolio, and Marketing

A modest credit linking to dotmarq.com may appear in either small type or as a small graphic in the footer of any website DOTMARQ designs and develops. If a graphic is used, it will be designed to fit in with the overall site design. If a Client requests that the design credit be removed, a nominal fee may be applied as set out in the SOW.

Unless an NDA or the SOW says otherwise, the Client agrees that any deliverable produced for the Client, including sketches, work-in-progress, and the final piece, may be presented in DOTMARQ’s portfolio, case studies, awards entries, social media, and editorial articles, and that the Client may be identified as a client. The Client grants DOTMARQ a worldwide, perpetual, non-exclusive, royalty-free licence to use the Client’s name, logo, and branding for these portfolio, advertising, marketing, and promotional purposes. If confidentiality is required, the Client should request an NDA up front, before the engagement commences.

15. Third-Party Hosting and Servers

DOTMARQ designs and tests websites and applications to work in standard production environments and on recommended hosting stacks; we cannot guarantee correct functionality if the Client wishes to use a third-party server with non-standard configurations. In the event that the Client is using a third-party server, it is the responsibility of the Client and the third-party host to ensure that the server is compatible with the deliverable. DOTMARQ will assist the Client to configure the server where reasonably possible, but such assistance may be subject to additional charges.

If a website or application is to be installed on a third-party server, DOTMARQ must be granted temporary read/write access to the Client’s storage directories, typically via SFTP, SSH, or an equivalent secure method, and to any related platforms (CMS, repository, hosting console). Depending on the project, other resources may also need to be configured on the server. Hosting, domain registration, SSL certificates, CDN services, email hosting, and ongoing maintenance are not included in DOTMARQ’s fees unless the SOW says so.

16. Post-Placement Alterations

If the Client wishes to make alterations to a deliverable once it has been installed, published, or otherwise placed into use, the Client agrees to allow DOTMARQ to quote to provide such alterations. There is no obligation on the Client to accept the quote provided by DOTMARQ.

DOTMARQ will fix code defects in a web or app deliverable at no charge during a thirty (30) day post-launch warranty period; this excludes new feature requests, third-party plugin updates or changes, content edits, server-environment changes, and any modifications made by the Client or third parties. After the warranty period, post-placement maintenance is available under a separate maintenance agreement. DOTMARQ cannot accept responsibility for any alterations caused by the Client or a third party occurring to a deliverable after launch, including additions, modifications, or deletions to code, content, or configuration.

17. Domain Names

DOTMARQ may purchase domain names on behalf of the Client where requested. Payment in relation to, and renewal of, those domain names is the responsibility of the Client. The loss, cancellation, or otherwise of a domain name brought about by non-payment or late payment is not the responsibility of DOTMARQ. The Client should keep a record of the due dates for renewal to ensure that payment is received in good time, and should ensure that domain registration records are updated to the Client’s own ownership at the earliest opportunity.

18. Third-Party Products, Fonts, and Stock Assets

Any third-party software, plugins, themes, fonts, stock images, stock footage, music, sound effects, APIs, or platforms that DOTMARQ procures or recommends as part of the Services shall be supplied subject to the relevant licensor’s standard terms. Any one-off licence fee for such third-party products is included in the Charges payable under clause 1 only where expressly stated in the SOW.

Font end-user licences for the Client’s ongoing use after delivery, recurring plugin or platform subscriptions, stock-asset extended licences, music synchronisation rights for territories or media beyond those agreed in the SOW, and any other recurring or expanded licences are the Client’s responsibility unless the SOW says otherwise. Where DOTMARQ procures a licence on the Client’s behalf using DOTMARQ’s account, the licence and any renewal liability remain with the Client, and DOTMARQ may transfer the licence to the Client’s name at the Client’s cost.

19. Use of AI Tools

DOTMARQ may use third-party generative AI tools to assist with research, drafting, ideation, and production. Where AI tools are used, AI-assisted output is reviewed and edited by qualified human professionals before delivery. On reasonable request, DOTMARQ will disclose the categories of AI tools used and their role in any deliverable.

DOTMARQ will not input the Client’s Confidential Information or personal data into public or free-tier AI tools; only enterprise instances with no-training contractual terms will be used for such inputs. The Client’s data will not be used to train or fine-tune any third-party model without the Client’s prior written consent. AI outputs may contain inaccuracies, fabrications, or biases, so the Client is responsible for final fact-checking before public use; the copyright status of purely AI-generated content is unsettled in some jurisdictions, and DOTMARQ assigns all rights it holds in AI-assisted deliverables to the extent legally possible, but cannot warrant the protectability of any purely AI-generated portion. If the Client requires that no AI tools be used on an engagement, this must be stated in the SOW and will affect price and timeline.

20. Service-Specific Terms

The following supplemental terms apply to specific Services, in addition to all other clauses of these Terms.

Desktop publishing (DTP). Default delivery is print-ready PDF/X. Native InDesign files (INDD/IDML) and packaged source files are delivered only where the SOW says so, typically with a separate source-files fee. Client-supplied source files are used as provided, and DOTMARQ is not responsible for errors traceable to them. Font end-user licences for the Client’s ongoing use are the Client’s responsibility. DOTMARQ delivers outlined or correctly licensed files. DOTMARQ does not warrant an exact colour match between digital proofs and final printed output; press-proof attendance is a separately billable service.

Content writing. All written content delivered is original to the author or properly licensed and will not knowingly infringe any third-party copyright. AI-assisted writing is governed by clause 19. DOTMARQ does not warrant factual accuracy. The Client is responsible for fact-checking before publication and is solely responsible for any defamation, factual errors, or third-party claims arising from publication. DOTMARQ does not guarantee search-engine rankings, traffic, or conversions, although the content we produce is written to be accessible to search engines.

Graphic design. Final flattened or exported files are included; native source files (PSD, AI, FIG, Sketch) are an additional deliverable unless the SOW says they are included. Stock-asset licensing passes through to the Client, subject to its included usage restrictions.

Video editing. Stock footage and music licences beyond a small SOW-defined budget are the Client’s responsibility; DOTMARQ may procure on the Client’s behalf and pass costs through. Music synchronisation rights must be cleared for the specific territories, media, and term of use stated in the SOW. Native edit projects (Premiere, After Effects, DaVinci Resolve) are an additional deliverable; final renders only are included by default.

Social media management. The Client retains ownership of all social media accounts; DOTMARQ receives administrator or limited access for the engagement and surrenders access at termination. The Client approves content within the windows set in the SOW (default forty-eight (48) hours per batch); after that, content is deemed approved for posting. DOTMARQ complies with each platform’s terms of service. DOTMARQ does not guarantee follower growth, engagement rates, reach, conversions, or any specific commercial outcome, and is not liable for platform algorithm changes, content takedowns, shadowbans, or account suspensions. Paid advertising spend is separate from DOTMARQ’s fees and is pre-funded by the Client.

Data analysis and dashboard creation. The Client is solely responsible for the accuracy, completeness, lawfulness, and authority to share all data provided. DOTMARQ does not warrant any particular business outcome, decision, or financial benefit from the analyses or dashboards. Dashboards depend on third-party platforms (such as Power BI, Looker Studio, Tableau, and Google Sheets); DOTMARQ is not liable for changes to those platforms or their pricing.

21. Sanctions, AML, and Compliance

Each party represents and warrants that it is not, and is not owned or controlled by any person, listed on the US OFAC Specially Designated Nationals list, the EU consolidated sanctions list, the UK OFSI Consolidated List, or any UN Security Council sanctions list, and that it is not located, organised, or resident in any comprehensively sanctioned country or region. Each party will comply with all applicable anti-money-laundering, anti-bribery (including the US Foreign Corrupt Practices Act and the UK Bribery Act), and export-control laws.

DOTMARQ may conduct reasonable know-your-customer (KYC) checks before onboarding and during an engagement, and may terminate the engagement immediately on written notice if a sanctions, AML, or anti-bribery listing event occurs, or if the Client refuses to cooperate with reasonable compliance requests. The Client will reimburse any non-refundable third-party costs DOTMARQ has incurred up to the date of such termination.

22. General

These Terms, together with each applicable SOW, the Privacy Notice, the Cookie Notice, and any DPA or NDA the parties sign, constitute the entire agreement between the parties and supersede all previous representations, promises, assurances, warranties, understandings, and agreements between them, whether written or oral, relating to their subject matter. No purchase order, vendor portal terms, or pre-printed terms issued by the Client will apply, even if acknowledged in passing by DOTMARQ.

A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. These Terms do not give rise to rights under the Singapore Contracts (Rights of Third Parties) Act to enforce any part of them. No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

A notice given to a party under or in connection with these Terms shall be in writing and in English, sent by email or by international courier with delivery confirmation. Notices to the Client shall be sent to the email address or address last notified to DOTMARQ. Notices to DOTMARQ shall be sent to hello@dotmarq.com, with the contact address and details available at dotmarq.com. Neither party may assign or transfer its rights or obligations under these Terms without the other party’s prior written consent, except that either party may assign to a successor in a bona fide merger, acquisition, or sale of substantially all assets. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship; the parties are independent contractors.

Force majeure. Neither party is liable for any delay or failure to perform (other than payment of money already due) to the extent caused by an event beyond its reasonable control including acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government orders, sanctions, changes in law, labour disputes at third parties, failures of telecommunications, electricity, or internet infrastructure, cyberattacks, or supply-chain disruptions. The affected party will give prompt notice, use commercially reasonable efforts to mitigate, and resume performance as soon as practicable. If the event continues for more than sixty (60) days, either party may terminate the engagement without liability except for fees accrued.

23. Liability

Nothing in these Terms shall operate to exclude or limit either party’s liability for: death or personal injury caused by its negligence; fraud or fraudulent misrepresentation; or any other liability which cannot be excluded or limited under applicable law.

Subject to that, DOTMARQ shall not be liable under or in connection with these Terms or any collateral contract for any: loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill or reputation; loss of, damage to, or corruption of data; any indirect or consequential loss; loss or damage caused by any inaccuracy, omission, delay, or error, whether as a result of negligence or otherwise; or loss or damage to artwork, photographs, files, or other materials supplied by the Client for use in the deliverable, whether as a result of negligence or otherwise.

The entire aggregate liability of DOTMARQ to the Client in respect of any claim whatsoever or breach of these Terms, whether or not arising out of negligence, shall be limited to the Charges paid by the Client to DOTMARQ under the applicable SOW in the twelve (12) months preceding the event giving rise to the claim. This cap does not apply to the Client’s payment obligations, to breaches of confidentiality, or to fraud, gross negligence, or willful misconduct. The Site is provided “as is” and “as available” without warranty of any kind; DOTMARQ’s total aggregate liability arising from your use of the Site shall not exceed one hundred US dollars (USD 100).

24. Severability

In the event any one or more of the provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the remaining provisions shall be unimpaired, and these Terms shall not be void for that reason alone. Any such invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision which comes closest to the intention of the parties underlying the original provision.

25. Governing Law and Jurisdiction

These Terms, each SOW, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

The parties will first try in good faith to resolve any dispute through negotiation between senior representatives within fifteen (15) business days of written notice. If unresolved within thirty (30) business days, the dispute will be referred to mediation administered by the Singapore International Mediation Centre (SIMC) under its Mediation Rules. If unresolved within sixty (60) days of the mediator’s appointment, the dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) under the SIAC Rules in force at the time, which are deemed incorporated by reference. The seat of arbitration is Singapore; the tribunal will consist of one (1) arbitrator; the language of arbitration is English; the law governing the arbitration agreement is Singapore law. The SIAC Streamlined Procedure applies where the amount in dispute does not exceed SGD 1,000,000, and the Expedited Procedure applies where it does not exceed SGD 10,000,000.

Nothing in this clause prevents either party from seeking urgent interim, conservatory, or injunctive relief from a court of competent jurisdiction or from the SIAC Emergency Arbitrator under Schedule 1 of the SIAC Rules, including to protect intellectual property, confidential information, or to prevent the dissipation of assets.

GOT A PROJECT IN MIND?

If you’d like help finishing your content, polishing your designs, or building something new, get in touch. We would love to hear what you’re working on and see how DOTMARQ can add the finish your work deserves.
Email: hello@dotmarq.com
Web: dotmarq.com