Terms and Conditions for Digital Lotus Advertising Agency
These Terms and Conditions govern the use of services provided by Digital Lotus Advertising Agency.
1. General Provisions
1.1. The owner and service provider is: DIGITAL LOTUS, Ushers Island, Dublin 8, VAT ID IE2406095, email address: contact@digital-lotus-media.com, tel.: +353 85 756 3091, hereinafter referred to as the “Agency.”
1.2. These Terms and Conditions define the terms of service use, calculation and payment procedures, project acceptance guidelines, and order placement procedures.
1.3. Utilizing the Agency’s services constitutes full acceptance of these Terms and Conditions, including all provisions herein, as well as compliance with the Data Protection Act, the Civil Code, and the Copyright and Related Rights Act.
1.4. Digital Lotus Advertising Agency reserves the right to publish its designed and executed work for marketing purposes on its website, digital-lotus-media.com, and social media platforms without prior consent from the Client.
2. Copyright
2.1. Digital Lotus Advertising Agency declares that until the transfer of copyright for graphic designs created by Digital Lotus Advertising Agency to the Client, these graphic designs remain the property of the Agency and are protected by copyright law. Any copying, reproduction, or sharing with third parties, as well as the use of materials created by the Agency without payment, is subject to criminal liability. The transfer of copyright for graphic designs is carried out in accordance with the laws in Poland and Ireland regarding copyright and related rights and requires separate agreements.
3. Calculations
3.1. Calculations are completed within 3 days from the date of the Client submitting a request for quotation.
3.2. The calculation includes unit prices for services and products, technical costs, an estimated completion date, and the project cost.
3.3. If the Client fails to provide the graphic files necessary for order completion, these materials will be prepared by the Agency at the Client’s expense.
3.4. Each project is priced individually depending on its complexity and the time required for its completion.
3.5. Prices provided in the calculation are Digital Lotus prices. Prices do not include VAT due to subject-matter exemption.
3.6. The calculation is valid for 14 days from the date it is sent by the Agency to the Client, due to changing prices in the market for goods, materials, and services.
4. Order Placement Procedures
4.1. Orders are accepted only by email to contact@digital-lotus-media.com, including a precise order specification.
4.2. Upon receiving a request for quotation, the Contractor is obliged to send the Client a calculation within 3 days, as referred to in point 3 (Calculations).
4.3. After accepting the quote, a pro forma invoice is issued for the order. The order is accepted for processing only after the payment of 100% of the order value is credited to the bank account or a pro forma invoice is sent.
4.4. Failure by the Client to make the advance payment within the required period will result in the Agency not proceeding with the order.
4.5. The Client is obliged to send by email the materials and content necessary for proper order fulfillment – logos (in an editable format, e.g., .cdr, .pdf, .eps, .ai, .png), texts, advertising slogans, maps, company data, photos, and any other information necessary for project completion.
4.6. The Client is obliged to send the complete set of materials electronically to contact@digital-lotus-media.com in a clear and consistent format. Texts sent by the Client should be editable and formattable.
4.7. The Agency is not responsible for errors, content, images, and photos included in the materials provided by the Client and the low quality of materials such as logos, photos, maps, graphics, images, etc.
4.8. If the Client fails to provide the graphic files necessary for order completion, these materials will be prepared by the Agency at the Client’s expense.
4.9. In the absence of guidelines from the Client or a design concept, the project will be executed at the Agency’s discretion.
4.10. For each project, the Client is entitled to 3 minor, free revisions, which include changes to colors, fonts, or photos. Each subsequent revision will cost 15% of the total project amount.
4.11. Changing the concept or graphic design is equivalent to starting a new project.
4.12. Colors displayed on the monitor may differ from actual colors – this is due to the specifics of displaying images on the monitor and its calibration, which the Client should be aware of.
5. Applying Corrections to Projects
5.1. The Client has the right to submit comments and corrections to the presented project within a maximum of 3 days from the date of sending the project.
5.2. If no comments are submitted by the Client within 3 days of the project presentation, the project is considered accepted.
5.3. If the Client submits comments to the project, the Agency undertakes to make changes or corrections within 3 days of receiving the comments.
5.4. Corrections must be delivered to the Contractor in the form of a list, which should be consistent, clear, and preferably chronological to the project. The list should be sent by email to contact@digital-lotus-media.com.
5.5. If the list of corrections sent by the Client is illegible, chaotic, sent in multiple emails, divided into several parts, or the submitted corrections are contradictory or incomprehensible, additional fees will be charged in accordance with the additional workload, if required.
5.6. The Client has the right to send one list of corrections. Each subsequent list with corrections is additionally payable, as mentioned in point 4, subpoint 4.9.
5.7. The Contractor is not responsible for errors detected after project acceptance or for errors occurring in the project sent by the Client.
5.8. After the Client approves the project, the process of its physical execution takes place, if this is the nature of the order. In the event of errors found after printing approved projects, complaints on this account will not be considered.
6. Consultations
6.1 Consultations can be canceled or rescheduled without any consequences, including financial ones, no later than 48 hours before the day for which the consultation was scheduled. Uncanceled or canceled later than 48 hours before the day for which the consultation was scheduled – within purchased packages – will be considered completed.
6.2 In the event of cancellation or rescheduling of a consultation later than the time mentioned in point 6.1, the prepayment will not be refunded. It will also not be credited towards payment for the next consultation.
7. Scope of Liability
7.1. Digital Lotus Advertising Agency is not responsible for delays in order fulfillment resulting from factors beyond the Agency’s control: power grid failures, telecommunications failures, natural disasters, unfavorable weather conditions (in the case of assembly), and other fortuitous events.
7.2. In the event of the above circumstances, Digital Lotus Advertising Agency undertakes to notify the Client as soon as possible.
7.3. Digital Lotus Advertising Agency is not responsible for the content contained in the order. The owner of Digital Lotus Advertising Agency reserves the right to reject an order if it contains offensive, defamatory, or violates the personal rights of third parties.
7.4. Digital Lotus Advertising Agency is not responsible for: * printing works incorrectly prepared in terms of content, in which corrections were not made by Digital Lotus Advertising Agency, * printing works incorrectly prepared technically, in which corrections were not made by Digital Lotus Advertising Agency, * printing works accepted by the Client, containing technical or content errors, e.g., typos and punctuation errors, * delays in the delivery of materials by external companies, * delays in printing, which arose as a result of external factors beyond the control of Digital Lotus Advertising Agency, * delays in the completion date resulting from the delay in providing correct data and materials from the Client.
7.5. In the case of ordering an installation service, it is the Client’s responsibility to properly prepare the surface for the advertisement application and ensure free access to the advertisement installation site.
7.6. In a situation where the surface or place is not prepared for installation, Digital Lotus Advertising Agency may refuse to perform the order at that time or charge a fee for the additional service of preparing the place for advertisement installation. If the installation is impossible for reasons attributable to the Client, the Contractor may charge the Client for the costs of re-traveling to the installation site.
7.7. Digital Lotus Advertising Agency is not responsible for self-installations performed by clients. The use of inappropriate advertisement installation techniques causes damage to orders made by the Contractor and will not be considered a complaint.
7.8. Digital Lotus Advertising Agency is not liable for defects resulting from the use of advertising for purposes other than intended, and for damages resulting from acts of vandalism or other sudden, unforeseen events or natural disasters.
7.9. By placing an order, the Client declares that they own the rights to reproduce and duplicate files submitted to Digital Lotus Advertising Agency. The Agency is not liable for damages resulting from the infringement of third party rights to the material accepted for order fulfillment.
7.10. Digital Lotus Advertising Agency is not responsible for damage caused by improper maintenance and storage of advertising materials.
8. Guarantees
8.1. Materials and works performed offered by Digital Lotus Advertising Agency are covered by a guarantee. The length of the guarantee depends on the type of order and the details of the contract concluded with the Client.
8.2. The guarantee does not cover: defects resulting from use for purposes other than intended, damage caused by improper maintenance and storage of advertising materials, mechanical damage and fortuitous events resulting from conditions, damage resulting from acts of vandalism or other sudden, unforeseen events or natural disasters, color differences in the print compared to the monitor if a color sample has not been made and accepted.
9. Refund Policy
The development of custom websites is a highly specialized service, with each project meticulously tailored to the client’s unique requirements. This process involves a significant investment of time, resources, and expertise by Digital Lotus. Therefore, all sales are final, and no refunds will be issued for any reason once work has commenced on a website development project. This no-refund policy is strictly enforced and applies to, but is not limited to, the following circumstances:
- Project cancellation by the client, regardless of the reason.
- Client dissatisfaction with the design or functionality of the website, provided the design and functionality adhere to the agreed-upon specifications outlined in the project proposal or contract.
- Disputes regarding design or functionality must be raised in writing within 24 hours of the relevant deliverable being made available to the client.
- Changes in the client’s business circumstances, financial situation, or priorities.
- Client’s failure to provide necessary information, content, or approvals in a timely manner, which may delay project completion.
- Unilateral termination of the project by the client. Upon commencement of a project, Digital Lotus dedicates resources, including personnel, development tools, and project management time. The fees paid by the client cover the work performed up to the point of cancellation or termination, regardless of the reason for such cancellation or termination.
- The client remains fully responsible for paying any outstanding balance due for work completed, including but not limited to, design, development, testing, and project management.
- Digital Lotus reserves the right to pursue legal action to recover any outstanding payments. In the event of a dispute regarding deliverables, the client agrees to engage in good-faith negotiations with Digital Lotus to reach a mutually agreeable resolution. This includes providing specific, documented feedback regarding any alleged deficiencies. This Refund Policy is incorporated into and forms part of the overall Terms and Conditions governing the website development services provided by Digital Lotus. By engaging Digital Lotus for website development services, the client acknowledges and agrees to the terms of this Refund Policy.
10. Final Provisions and Remarks
10.1. Placing an order with Digital Lotus Advertising Agency means full awareness and acceptance of the terms and conditions contained therein.
10.2. In matters not regulated by these Terms and Conditions, the provisions of the Civil Code and the laws on consumer protection and the Personal Data Protection Act, the Copyright and Related Rights Act shall apply.
10.3. Digital Lotus Advertising Agency reserves the right to amend the Terms and Conditions. Any changes are effective from the date of their publication on https://digital-lotus-media.com.
