Important: DAIM HUB services are not supplied under one fixed universal scope. Scope, deliverables, price, payment schedule, timeline, support, acceptance criteria, responsibilities, third-party costs and special conditions are determined for each project or case after discussion. The project-specific written agreement always takes priority where it differs from these general Service Terms.
These terms are intended to provide a strong commercial framework, but no website terms can remove rights or liabilities that applicable law says cannot be excluded. Project-specific written terms remain essential for material engagements.
1. Project-by-project basis and order of priority
All DAIM HUB services are project, case or engagement based. These Service Terms provide a general contractual framework only. The actual service to be delivered is determined through discussion and the written terms accepted for that specific project or case.
If documents conflict, the following order applies unless the parties expressly agree otherwise in writing: (1) a signed contract or statement of work; (2) an accepted quotation, proposal, service order, project schedule or written variation; (3) these DAIM HUB Service Terms & Conditions; and (4) the Website Terms of Use. Project-specific terms therefore override these general terms for that engagement.
2. Formation of an engagement
An enquiry, consultation, website price, discussion, estimate or draft proposal does not by itself bind DAIM HUB to perform services. An engagement begins when DAIM HUB confirms acceptance in writing and any required acceptance, deposit, purchase order, authorisation or onboarding condition stated for the project has been completed.
DAIM HUB may decline a project before acceptance, including where scope, capacity, risk, legality, authority, payment, security or conflict concerns arise.
3. Scope, assumptions and changes
Only items expressly included in the project-specific scope are included in the agreed price and timeline. Anything not stated as included is excluded unless later agreed in writing.
New requirements, changed specifications, additional pages, extra campaigns, new integrations, additional devices, network changes, extra revisions, increased data, changed third-party requirements or rework caused by changed instructions may require a change request, revised price, revised timeline or separate project.
4. Client responsibilities and authority
- Provide accurate and timely information, decisions, approvals, access, content and feedback reasonably required for delivery.
- Ensure the person instructing DAIM HUB is authorised to act for the client and to authorise access, purchases, changes, deployments and payments.
- Ensure the client owns or has permission to use all content, trademarks, images, data, software, accounts, systems and materials supplied to DAIM HUB.
- Maintain lawful licences, policies, notices and regulatory approvals applicable to the client’s own business unless specifically included in DAIM HUB’s scope.
- Keep independent copies of critical data where appropriate and promptly report suspected security or fraud incidents.
- Review and approve deliverables, proofs, campaigns, content, configurations and production releases within the period stated in the project plan or a reasonable time.
5. Pricing, estimates, third-party charges and taxes
Website prices shown as “starting from” are minimum starting points for qualifying standard scopes, not fixed prices for every project. Final pricing is based on the required scope, complexity, content, integrations, products, data, support, hosting, licences and other project needs.
Third-party fees such as domains, hosting, cloud consumption, advertising media spend, premium plugins, licences, payment-gateway fees, app-store fees, hardware, couriers or specialist services are included only if the project-specific quote says they are included. Taxes, government charges and other statutory amounts are dealt with as stated in the applicable quotation or invoice.
6. Payments, deposits, suspension, cancellation and refunds
Payment milestones, deposits, recurring fees, due dates, cancellation terms, refund conditions and any late-payment consequences are determined by the project-specific quotation, proposal or agreement and are subject to applicable law.
Where an undisputed amount is overdue, DAIM HUB may pause work, deployment, support, hosting-related actions or handover after reasonable notice where permitted by the project terms and law. DAIM HUB is not responsible for schedule impact caused by a lawful suspension for non-payment.
Unless a written project term states otherwise, amounts already earned for work performed, committed third-party costs, purchased licences, domain registrations, advertising spend and other non-recoverable external costs are not refundable merely because the client later changes direction, subject always to rights that cannot lawfully be excluded.
7. Fraud, impersonation and suspicious instructions
DAIM HUB may verify identity, account ownership, domain ownership, authority to act, payment status and sensitive instructions. DAIM HUB may refuse or pause an instruction that reasonably appears fraudulent, unlawful, unauthorised or inconsistent with prior instructions until verification is completed.
Clients must independently verify unexpected requests to change bank details, payment destination, administrator access, domains, DNS, security controls or ownership. Sensitive changes should be verified through a known contact channel. DAIM HUB will never treat a suspicious email alone as sufficient authority for a high-risk change where additional verification is reasonably required.
To the fullest extent permitted by law, each party bears responsibility for security failures within systems and accounts under its own control. DAIM HUB is not liable for losses caused by third-party impersonation, client-side compromise, credential sharing or phishing outside DAIM HUB’s reasonable control where reasonable verification or security procedures were not followed.
8. Websites, hosting, domains and email
For website packages that expressly include them, the standard baseline may include a first-year domain, SSL and professional domain-based email setup together with other stated package basics. Domain availability, registrar rules, renewal pricing, email storage/quantity, hosting resources and third-party service terms remain subject to the selected package and provider conditions.
Unless expressly stated otherwise, first-year domain inclusion does not mean all future domain renewals are free. Hosting, domain, email, licence and support renewals are subject to the package and pricing applicable at renewal time. Managed shared hosting without cPanel may provide FTP or other limited access rather than full hosting-panel control.
The client is responsible for lawful website content, product/service descriptions, customer-facing policies and business claims unless DAIM HUB is specifically engaged to prepare a particular item.
9. Digital marketing services
The client remains responsible for the legality and accuracy of its products, offers, pricing, claims and source materials. Platform approval, reach, ranking, cost per result, lead quality, sales and commercial return cannot be guaranteed because third-party platforms and market conditions are outside DAIM HUB’s control.
Advertising media spend is separate from DAIM HUB service fees unless a quotation expressly states otherwise. Platform suspensions, disapprovals, algorithm changes and policy changes may require additional work or revised strategy.
10. IT, networks, cybersecurity and support
IT and cybersecurity work is performed within the agreed scope and available access. No security control can eliminate all cyber risk. The client must disclose relevant systems, constraints, legacy dependencies and known incidents where reasonably necessary for the engagement.
Emergency, after-hours, onsite, travel, hardware, licensing, specialist vendor or out-of-scope support may be separately chargeable where the project terms provide for it. DAIM HUB may refuse an instruction that would knowingly weaken security, violate law, compromise another party or exceed the client’s authority.
11. AI, automation, applications and software development
AI outputs require appropriate human review and are not guaranteed to be error-free. The client is responsible for deciding whether an AI-enabled process is appropriate for its business, customers, data and regulated obligations unless a written project term expressly allocates a particular responsibility to DAIM HUB.
Custom software acceptance criteria, source-code rights, repositories, environments, deployment, warranties, bug-fix periods, maintenance, support and third-party components are determined in the project-specific agreement. Changes required by external platforms, APIs, operating systems or third-party services after acceptance may be additional work.
12. Intellectual property
Each party retains ownership of intellectual property it owned before the project. Client-supplied materials remain the client’s or relevant owner’s property. Ownership or licence rights in newly created project deliverables are determined by the project-specific agreement and may depend on full payment.
DAIM HUB retains ownership of its pre-existing know-how, methodologies, reusable code, frameworks, templates, internal tools, generic techniques and non-client-specific components unless a written agreement expressly transfers them. Where such materials are embedded in a deliverable, the client receives the usage rights expressly stated in the project agreement or reasonably necessary to use the paid deliverable.
13. Confidentiality and data
Each party should protect confidential information received from the other using reasonable care and use it only for the engagement, except where disclosure is authorised or required by law. Any project-specific NDA, security schedule or data-processing term takes priority over this general clause.
The client must not send highly sensitive credentials through general enquiry forms. Where system access is required, the parties should use an agreed secure method appropriate to the risk.
14. Delays, dependencies and force majeure
Timelines depend on timely client approvals, access, content, third-party services and other stated assumptions. DAIM HUB is not responsible for delay caused by client inaction, changed scope, unavailable third-party services, platform review, supplier delay, power/telecommunications disruption, natural disaster, civil emergency, cyber incident or other event beyond reasonable control. The parties will reasonably adjust the schedule where such events materially affect delivery.
15. Acceptance, defects and support
Acceptance testing, revision rounds, defect reporting periods, support coverage, maintenance and service levels are project-specific. The client should report material defects promptly and provide enough information to reproduce the issue. DAIM HUB may first be given a reasonable opportunity to investigate and remedy a substantiated defect within the agreed scope before alternative remedies are pursued, subject to non-waivable legal rights.
16. Limitation of liability
To the fullest extent permitted by law and unless a project-specific agreement states a different cap, DAIM HUB’s aggregate liability arising from a particular project will not exceed the fees actually paid to DAIM HUB for the affected project or affected service giving rise to the claim. DAIM HUB will not be liable for indirect, special, incidental or consequential loss, loss of anticipated profit, loss of opportunity, loss of goodwill or business interruption except to the extent such liability cannot lawfully be excluded.
DAIM HUB is not responsible for loss caused by inaccurate client information, unauthorised client instructions, client or third-party changes, unsupported systems, third-party outages, platform decisions, malicious acts outside DAIM HUB’s reasonable control, or failure by the client to follow documented recommendations, backup requirements or reasonable security procedures.
Nothing in these Service Terms excludes, restricts or modifies any consumer guarantee, statutory right, remedy or liability that cannot lawfully be excluded, restricted or modified.
17. Client indemnity
To the fullest extent permitted by law, the client indemnifies DAIM HUB against third-party claims and reasonable costs arising from client-supplied unlawful content, infringement of third-party intellectual property, client fraud or misrepresentation, unauthorised instructions, products/services sold by the client, or the client’s unlawful use of a DAIM HUB deliverable. This indemnity does not apply to loss caused by DAIM HUB’s own unlawful conduct to the extent liability cannot lawfully be excluded.
18. Termination and handover
Termination rights, notice, work-in-progress treatment, final invoices, handover, access transfer and continuing hosting/support obligations are determined by the project-specific agreement. On termination, each party remains responsible for accrued obligations and clauses that by their nature should survive, including payment, confidentiality, intellectual property, liability and dispute provisions.
19. Disputes
The parties should first attempt in good faith to resolve a dispute through direct discussion. If unresolved, the parties may agree to mediation in Fiji before commencing non-urgent court proceedings. Nothing prevents debt recovery, preservation of evidence, protection of systems or urgent injunctive relief where appropriate.
20. Governing law, severability and entire agreement
These Service Terms and each DAIM HUB engagement are governed by the laws of the Republic of Fiji unless a project-specific written agreement validly provides otherwise. Subject to mandatory legal rights or forums, the courts of Fiji have jurisdiction.
If a provision is invalid or unenforceable, it is to be read down or severed to the minimum extent necessary without affecting the remainder. A failure to enforce a right immediately is not a waiver. The project-specific documents together with these applicable Service Terms form the agreement for the relevant engagement and replace prior inconsistent discussions about that scope.
21. Contact
Questions about these Service Terms or the terms proposed for a particular project should be raised before acceptance. Contact DAIM HUB at info@daimhub.com.
DAIM HUB’s final scope, responsibilities, fees, risk allocation and special conditions are confirmed for each project or case before the engagement begins.
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