Terms and Conditions
Last Updated: January 16, 2025
Welcome to DKILOY TECHNOLOGY CO., LTD. These Terms and Conditions ("Terms") govern your access to and use of our website located at dkiloytechnologycoltd.online (the "Website") and the mobile app development services we provide (the "Services"). By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Website or Services.
1. Definitions
For the purposes of these Terms:
- "Company," "we," "us," or "our" refers to DKILOY TECHNOLOGY CO., LTD, a company registered in the United Kingdom.
- "Client," "you," or "your" refers to the individual or entity accessing or using our Website or Services.
- "Services" refers to all mobile app development, design, consulting, and related services provided by the Company.
- "Deliverables" refers to any work product, applications, designs, or materials created by the Company for a Client.
- "Agreement" refers to any contract or service agreement entered into between the Company and a Client.
2. Acceptance of Terms
By using our Website or Services, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using our Services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.
3. Services Description
DKILOY TECHNOLOGY CO., LTD provides mobile app development services including but not limited to:
- Native iOS and Android app development
- Cross-platform mobile app development
- User experience (UX) and user interface (UI) design
- Mobile app prototyping and testing
- API integration and backend development
- App maintenance and support services
- Consulting and project management
The specific scope, deliverables, timelines, and pricing for Services will be detailed in individual project proposals or service agreements.
4. Service Agreements
When you engage our Services, we will provide you with a detailed project proposal or service agreement that outlines:
- Scope of work and project specifications
- Deliverables and milestones
- Project timeline and deadlines
- Fees, payment terms, and schedule
- Intellectual property rights
- Confidentiality provisions
- Other project-specific terms
The service agreement, together with these Terms, will constitute the complete agreement between you and the Company for that project.
5. Payment Terms
Payment for Services shall be made according to the terms specified in your service agreement. Generally:
- Payment terms and schedules will be outlined in the project proposal
- Invoices are typically due within 14 days of issuance unless otherwise specified
- Late payments may incur interest charges and may result in suspension of Services
- All fees are quoted in British Pounds (GBP) unless otherwise stated
- Fees do not include applicable taxes, which will be added as required by law
6. Project Changes and Revisions
Changes to the agreed scope of work may require adjustments to timelines and fees. Any significant changes will be documented through a change order process. Minor revisions within the originally agreed scope are typically included, while substantial changes may incur additional charges as outlined in your service agreement.
7. Client Responsibilities
To ensure successful project completion, you agree to:
- Provide timely feedback, approvals, and access to necessary resources
- Supply accurate information, content, and materials required for the project
- Respond to requests for information within reasonable timeframes
- Ensure that all provided content complies with applicable laws and regulations
- Make timely payments according to the agreed schedule
- Designate authorized representatives for project decisions
Delays caused by failure to meet these responsibilities may affect project timelines and costs.
8. Intellectual Property Rights
Unless otherwise specified in your service agreement:
- The Company retains ownership of all pre-existing intellectual property, tools, frameworks, and methodologies
- Upon full payment, ownership of custom Deliverables created specifically for your project will transfer to you
- You grant the Company a license to use your trademarks and content solely for the purpose of providing Services
- The Company may showcase completed projects in its portfolio, subject to any confidentiality restrictions
- Any third-party components or licensed software remain the property of their respective owners
9. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the engagement. This obligation extends beyond the termination of Services and excludes information that is publicly available or independently developed.
10. Warranties and Disclaimers
We warrant that:
- Services will be performed with reasonable care and skill
- Deliverables will substantially conform to agreed specifications
- We have the right to provide the Services and Deliverables
EXCEPT AS EXPRESSLY STATED, ALL SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that Services will be uninterrupted, error-free, or that defects will be corrected. The performance of applications may be affected by factors outside our control, including third-party platforms, devices, and network conditions.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY IN THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from:
- Your breach of these Terms or any service agreement
- Content, materials, or information you provide to us
- Your use of the Deliverables or Services
- Your violation of any third-party rights or applicable laws
13. Termination
Either party may terminate a service agreement:
- For convenience with written notice as specified in the agreement
- Immediately if the other party materially breaches the agreement
- If the other party becomes insolvent or enters bankruptcy proceedings
Upon termination, you shall pay for all work completed up to the termination date. The Company will deliver any completed Deliverables upon receipt of payment.
14. Governing Law and Jurisdiction
These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales for resolution of any disputes.
15. Dispute Resolution
In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If negotiation is unsuccessful, the parties may pursue mediation before resorting to litigation.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our Website with a new "Last Updated" date. Your continued use of our Website or Services after such changes constitutes your acceptance of the modified Terms.
17. General Provisions
Entire Agreement: These Terms, together with any service agreement, constitute the entire agreement between you and the Company regarding the subject matter herein.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: No waiver of any provision shall be deemed a further or continuing waiver of that or any other provision.
Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure: Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control.
18. Contact Information
For questions about these Terms or our Services, please contact us:
DKILOY TECHNOLOGY CO., LTD
Wyvern Estate, Beverley Way
New Malden, England, KT3 4PH
United Kingdom
Email: info@dkiloytechnologycoltd.online
Phone: +44 7476 660842
By using our Website or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.