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Terms of Service

Please read these terms and conditions carefully before using our services. By using our services, you agree to be bound by these terms.

Last updated: 12 December 2025

1. Definitions and Interpretation

In these Terms of Service, unless the context otherwise requires:

  • "Company" means The Octopus Labs, a company registered in England and Wales.
  • "Services" means all services provided by The Octopus Labs including but not limited to web development, web design, e-commerce solutions, mobile application development, SEO, and graphic design services.
  • "Client" means any person or entity that engages the Company to provide Services.
  • "Agreement" means these Terms of Service together with any written quotation, proposal, or contract agreed between the Company and the Client.

2. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations of England and Wales. If you do not agree with any of these terms, you are prohibited from using or accessing our Services.

These Terms constitute a legally binding agreement between you and The Octopus Labs. Your use of our Services constitutes acceptance of these Terms.

3. Services and Obligations

The Company agrees to provide Services to the Client in accordance with the Agreement. The Company will:

  • Perform Services with reasonable skill and care in accordance with industry standards
  • Comply with all applicable laws and regulations in England and Wales
  • Maintain appropriate professional indemnity insurance
  • Keep the Client informed of progress on projects
  • Deliver Services within agreed timeframes where specified

The Client agrees to:

  • Provide accurate and complete information necessary for the provision of Services
  • Make timely payments in accordance with the payment terms
  • Cooperate with the Company in the provision of Services
  • Obtain all necessary permissions and licenses for content provided to the Company

4. Payment Terms

Payment terms will be as specified in the individual Agreement or quotation. Unless otherwise agreed:

  • Payment is due within 30 days of invoice date
  • Late payment may incur interest charges at 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998
  • The Company reserves the right to suspend Services in the event of non-payment
  • All prices are exclusive of VAT unless otherwise stated
  • Payment must be made in GBP (British Pounds) unless otherwise agreed

5. Intellectual Property Rights

Unless otherwise agreed in writing:

  • All intellectual property rights in work created by the Company shall remain with the Company until full payment is received
  • Upon full payment, the Company will assign all intellectual property rights in the commissioned work to the Client
  • The Company retains the right to use the work for portfolio and marketing purposes unless otherwise agreed
  • Any pre-existing intellectual property rights remain with their respective owners
  • The Client warrants that all materials provided to the Company do not infringe any third-party rights

6. Cancellation and Refunds

In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:

  • If you are a consumer, you have the right to cancel within 14 days of entering into the contract, unless Services have been fully performed with your consent
  • For bespoke services, cancellation rights may be limited once work has commenced with your agreement
  • Refunds will be processed within 14 days of cancellation, less any costs for work already completed
  • For business clients, cancellation terms will be as specified in the individual Agreement

7. Limitation of Liability

Subject to applicable law, including the Consumer Rights Act 2015:

  • The Company's total liability shall not exceed the total fees paid by the Client in the 12 months preceding the claim
  • The Company shall not be liable for indirect, consequential, or special damages
  • The Company's liability for death or personal injury caused by negligence is not limited
  • The Company is not liable for any loss arising from the Client's failure to provide accurate information
  • All warranties, conditions, and terms implied by statute or common law are excluded to the fullest extent permitted by law

8. Data Protection

The Company will process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018:

  • Personal data will be processed only for the purposes of providing Services
  • Data will be kept secure and confidential
  • You have rights including access, rectification, erasure, and data portability
  • For more information, please see our Privacy Policy

9. Dispute Resolution

In the event of a dispute:

  • Parties will attempt to resolve disputes through good faith negotiation
  • If negotiation fails, disputes may be referred to mediation
  • These Terms are governed by English law and subject to the exclusive jurisdiction of the English courts
  • For consumers, alternative dispute resolution services may be available

10. General Provisions

  • These Terms may be updated from time to time, and continued use of Services constitutes acceptance
  • If any provision is found to be unenforceable, the remaining provisions shall continue in effect
  • These Terms constitute the entire agreement between the parties unless otherwise specified
  • No waiver of any term shall be deemed a further waiver of that or any other term
  • The Company may assign these Terms, but the Client may not without written consent

Questions About These Terms?

If you have any questions about these Terms of Service, please contact us.