Legal
1.1 These terms and conditions (the “Terms”) apply to all website design and development, branding, graphic design, hosting, SEO, social media and related services (the “Services”) supplied by CatchyDesign Services FZCO, a company registered with the International Free Zone Authority (IFZA), Dubai, United Arab Emirates, under registration number 72082, whose business address is at IFZA, A1, Digital Park, Silicon Oasis, Dubai, UAE (“CatchyDesign Services FZCO”, “we”, “us”, “our”).
1.2 You can contact us at contact@catchydesign.co (general enquiries and ownership requests) and billing@catchydesign.co (billing and cancellation).
1.3 Our Services are supplied to businesses only. By accepting a Formal Quote you confirm that you are acting wholly or mainly for the purposes of your trade, business, craft or profession. If you are in fact an individual acting wholly or mainly outside your business, you are a consumer and Schedule 3 applies to you and takes priority over anything in these Terms that conflicts with it.
1.4 If you accept these Terms on behalf of a company or other organisation, you confirm that you have authority to bind it, and “you” and “Customer” mean that organisation. You must be at least 18 years old and have full legal capacity to enter into contracts to accept these Terms.
1.5 Please read these Terms carefully. We particularly draw your attention to clause 5 (minimum term and ending your subscription), clause 7 (missed payments, suspension and deletion), clause 11 (ownership), clause 12 (buying out your website) and clause 19 (our liability).
In these Terms:
3.1 Most professional design agencies charge substantial fees and large deposits before starting work on a professional website. We waive those upfront charges so that a professional service is accessible to every business. Instead, we recover the cost of designing, building and launching your website gradually, through a monthly subscription over a long-term relationship.
3.2 Because of this model, the website we build remains our property while you subscribe (clause 11), a Minimum Term may apply (clause 5), and you may acquire full ownership at any time by paying the Buyout Price (clause 12), which reflects the full value of the work we have invested upfront.
4.1 The Agreement is formed when you sign or accept the Formal Quote, including by electronic signature or by confirming acceptance by email or through our dashboard. A Formal Quote is valid for 30 days from its date of issue unless it states otherwise.
4.2 You agree that the Agreement may be formed, and that invoices, reminders and notices may be sent, by email to the address you give us or by other electronic means.
4.3 The Services are for your own business only. You may not resell them or allow any other person or organisation to use them without our written consent.
5.1 Your subscription starts on the Start Date and renews automatically at the end of each Billing Period until it is ended in accordance with these Terms.
5.2 Minimum Term. If your Formal Quote states a Minimum Term, you commit to paying the Subscription Fees for the whole of the Minimum Term. If no Minimum Term is stated, your subscription runs month to month.
5.3 Ending your subscription. You may end your subscription by giving us at least 30 days’ written notice by email to billing@catchydesign.co. Your subscription will end at the end of the Billing Period in which the notice period expires, but not before the end of any Minimum Term (unless you use clause 5.5 or clause 12). We will confirm receipt of your notice in writing.
5.4 Cancelling your recurring payment is not notice. Stopping a Direct Debit, card payment, standing order or other recurring payment through your bank or payment provider does not end the Agreement. Any payment that is not made when due will be dealt with under clause 7, and you remain liable for the Subscription Fees until the Agreement ends in accordance with these Terms.
5.5 Leaving early. You may end the Agreement before the end of a Minimum Term by giving written notice and paying an early termination charge equal to the Subscription Fees that would have been payable for the rest of the Minimum Term. This charge is the agreed price of your option to leave early. It reflects the setup, design and development costs we waived at the start (clause 3.1), which we recover over the Minimum Term.
5.6 No refunds for a started Billing Period. Once a Billing Period has started, the Subscription Fee for that period is not refundable, except as stated in these Terms or where the law requires otherwise.
5.7 24-hour cancellation. You may cancel your order within 24 hours of accepting the Formal Quote by emailing billing@catchydesign.co, and we will refund any payment you have made in full. After 24 hours our designers and developers start work, which costs us time and money, so no refund is available after that point except as set out in these Terms. Consumers have separate rights set out in Schedule 3.
5.8 Clause 13 explains what happens when your subscription ends.
6.1 The fees for your Services are set out in your Formal Quote. Prices shown on our website are for information only and your Formal Quote governs. All amounts in these Terms and in your Formal Quote are in United States dollars (“$”).
6.2 Subscription Fees are invoiced monthly in advance. Invoices are payable within 7 days of the invoice date, or will be collected by Direct Debit on the Due Date.
6.3 Bank details. Our bank details are shown on our invoices. We will never change our bank details by email alone. If you receive a message asking you to pay into a different account, please call us on a number you already hold for us before making any payment. Please use the payment reference shown on your invoice.
6.4 Price changes. We will not increase your Subscription Fee during a Minimum Term except:
We will give you at least 30 days’ written notice of any increase. Outside a Minimum Term, we may change our prices on 30 days’ written notice, and if you do not accept the change you may end your subscription under clause 5.3.
6.5 Late payment. If you do not pay on time, we may charge interest on the overdue amount at 12% per year, calculated daily from the Due Date until payment, to the extent permitted by applicable law, and recover our reasonable costs of collecting the debt.
6.6 You must pay all sums due in full, in US dollars, without any deduction or set-off. You are responsible for your own bank charges and currency conversion costs. If the law requires you to withhold any tax from a payment, you must increase the payment so that we receive the full amount invoiced.
6.7 Third-party spend. Fees for Google, advertising or SEO campaigns, advertising budgets, and cyber security services or protection add-ons are charged separately as set out in your Formal Quote. They are not Subscription Fees and do not count towards the Buyout Price under clause 12.
7.1 Reminder. If we have not received payment by the Due Date, we will send you a reminder within 7 days of the Due Date.
7.2 Suspension. If payment remains outstanding 7 days after the date of the reminder, we may suspend the Services, including taking your website offline and blocking access to your dashboard. Suspension does not end the Agreement, and Subscription Fees continue to fall due during any suspension. To restore the Services, contact billing@catchydesign.co.
7.3 Reactivation fee. There is no charge to restore the Services if all overdue sums are paid within 14 days of the Due Date. After that, a reactivation fee of $200 applies, in addition to the overdue sums, to cover the technical cost of restoring your website. We will restore the Services within 2 Working Days of receiving cleared payment. We recommend keeping your payment method up to date to avoid disruption and this fee.
7.4 Final notice. If payment remains outstanding 30 days after the Due Date, we will send you a final notice by email warning you that your website and content will be permanently deleted if payment is not made, and explaining how to request a copy of your Customer Materials.
7.5 Termination and deletion. If payment remains outstanding 45 days after the Due Date, we may end the Agreement by written notice and permanently delete your website and content from our servers. This is because we pay third-party providers to keep every website hosted and running. Copies may remain in our backups for up to 30 days before being overwritten in the normal cycle. If we end the Agreement under this clause, all outstanding fees and, where a Minimum Term applies, the early termination charge under clause 5.5 become immediately due.
7.6 Subject to clause 19.1, we are not liable for any loss or inconvenience you suffer as a result of the suspension or deletion of Services in accordance with this clause 7.
8.1 The delivery timescales for each Package are set out in Schedule 1. The timescale starts when we have received all the onboarding items listed in Schedule 1 and have set your delivery deadline in your dashboard.
8.2 Delivery timescales are estimates. We are not responsible for delays caused by missing, incorrect or incomplete information or materials, late approvals, or additional requests. Any additional requests or changes beyond the original selected Template that we agree to carry out will extend the delivery timescale.
8.3 Branding. There is no deadline for the branding phase, so you can take the time you need to decide. You are entitled to three rounds of revisions on each design we present. Further revisions or changes after the third round will be charged at our then-current rates, which we will quote before starting the work.
8.4 Delivery failure. If we fail to deliver your website by the long-stop date in Schedule 1 for reasons within our control, and we still have not delivered it within 14 days of you notifying us in writing, you may end the Agreement by written notice and we will refund the Subscription Fees you paid for the period before delivery. This is your sole remedy for delay.
8.5 Acceptance. When we notify you that your website is complete, you have 5 Working Days to tell us about any material defects, which we will fix within a reasonable time. Your website is treated as accepted at the end of that period or when it goes live, whichever is earlier.
9.1 You must provide accurate and complete information, Customer Materials and approvals promptly, and cooperate with us in all matters relating to the Services.
9.2 You are fully responsible for your Customer Materials. You confirm that you own or have permission to use all Customer Materials, including any copyright material, photographs, videos, information and contact details, and that using them as part of the Services will not infringe anyone’s rights or break any law.
9.3 You will compensate us for any claims, losses, costs and expenses (including reasonable legal fees) arising from any claim by a third party that the Customer Materials, or our use of them in accordance with the Agreement, infringe that third party’s rights or are unlawful.
9.4 You grant us a non-exclusive, royalty-free licence to use, copy and adapt the Customer Materials for the purpose of providing the Services.
9.5 You are responsible for the lawfulness of your website’s content and your business activities through it, including your own privacy notice, cookie consent, website terms and any regulatory statements that apply to your business, unless your Formal Quote states that we will prepare these for you.
9.6 You must keep your dashboard login details secure and tell us promptly if you believe they have been compromised.
9.7 Acceptable use. You must not use the Services, or ask us to publish anything, that is unlawful, fraudulent, defamatory, infringing, threatening, hateful or obscene, that contains malware, or that is intended to send spam or to harm any person or system.
10.1 Many of our websites are built on professional Templates that we license from third-party providers. The Templates featured on our website are not the property of CatchyDesign Services FZCO, and we do not sell them. A Template sets the design direction and helps us understand your taste and what you want. We then build your website on top of it, applying our own customisation, code, fixes and images, hardening its security by removing bugs and vulnerabilities, optimising it for search engines, and hosting it, to create a fully functional and practical website.
10.2 Templates, plugins, fonts, stock images and other third-party software or materials are used under their owners’ licence terms, and your rights in them are limited to what those licences allow.
10.3 If a third-party component becomes unavailable, its licence is withdrawn or it presents a security risk, we may replace it with a reasonable equivalent.
11.1 You keep all rights in your Customer Materials.
11.2 Until they are transferred to you under clause 12, we (or our licensors) own all intellectual property rights in the Deliverables, including the design, code and build of your website and any branding and logos we create, and in the System.
11.3 While the Agreement is in force and you are up to date with your payments, we grant you a non-exclusive, non-transferable licence to use the Deliverables for the purposes of your business. This licence ends automatically when the Agreement ends, unless you have acquired ownership under clause 12.
11.4 Unless you have acquired ownership under clause 12 or we have agreed in writing, you must not copy, move or host the website or other Deliverables on third-party servers or providers, or have anyone other than us modify them.
12.1 You may ask to acquire ownership of your website and Deliverables at any time by writing to contact@catchydesign.co.
12.2 Buyout Price. The price for transferring ownership (the “Buyout Price”) is calculated as follows:
A + B + C + D + F − E, where:
If the calculation gives a figure of zero or less, no Buyout Price is payable, but you must still pay any other sums then due.
12.3 Example. Mark signed up on 1 January 2021 for a website and logo, paying a Subscription Fee of $99 a month. On 11 September 2022, after 21 monthly payments, he asked to buy out his website. His service period is one year and eight months, which counts as two years. His Buyout Price is: $9,000 + $2,000 + $800 − $2,079 = $9,721, payable in a single payment before transfer.
12.4 Loyalty discounts. Where your Formal Quote records that we have given you a discount on advertising, campaign, SEO or cyber security services on the basis that your subscription continues, the total amount of that discount becomes repayable as part of the Buyout Price.
12.5 Transfer. Once we have received the Buyout Price and all other sums due in cleared funds, we will:
12.6 Logo only. If we designed your logo, you may buy ownership of the logo alone at any time for $800, whether or not you buy out the rest of your website.
12.7 Payment of the Buyout Price replaces any early termination charge under clause 5.5. Once the transfer is complete, the Agreement ends at the end of the current Billing Period unless we agree in writing to continue providing hosting or other services.
13.1 When the Agreement ends without a buyout, your licence under clause 11.3 ends and we may take your website offline.
13.2 If you ask within 30 days after the Agreement ends, and provided all sums due to us have been paid, we will send you a copy of the Customer Materials we hold, in a standard format. Personal data we process on your behalf will be returned or deleted in accordance with Schedule 2.
13.3 After that 30-day period (or, where clause 7.5 applies, from the date of termination), we may permanently delete your website and content.
13.4 Clauses 5.5, 6, 7.5, 9.3, 11, 12, 13, 14, 17, 19, 23 and 24, and any other provisions intended to survive, continue to apply after the Agreement ends.
14.1 Where we register a domain name for you as part of the Services, we will manage its registration and renewal while the Agreement is in force.
14.2 When the Agreement ends, and once all sums due to us have been paid, we will transfer the domain name to you or your chosen registrar on request. You will pay a transfer fee equal to the cost of that domain charged to us by the domain registrar or provider. Because this cost varies from one domain to another (typically between $20 and $50), we will confirm the exact amount to you before the transfer.
14.3 If you do not ask us to transfer the domain name within 60 days after the Agreement ends, we may allow its registration to lapse.
15.1 We take reasonable measures to secure the Services and aim for 99.9% monthly availability of the servers and hosting we control, excluding planned maintenance and events outside our reasonable control. This is a target, not a guarantee, unless your Formal Quote includes a service level agreement.
15.2 We are not responsible for any breakdown caused by factors beyond our control, including power failures, faults in your own equipment or internet connection, or failures of telecommunications networks. In all cases we will aim to restore normal operation as quickly as possible.
15.3 We may make operational changes to the System for improvement, security or other reasons, including updating software, without giving you notice where no interruption is expected. Where we need to suspend access for planned maintenance, we will usually do so between 9pm and 6am UAE time and will give you advance notice. Urgent security maintenance may take place without notice.
15.4 We take regular backups of the websites we host, but you should keep your own copies of all Customer Materials.
16.1 Each of us will comply with UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data and its implementing regulations, and any other data protection or privacy law that applies to the processing concerned, each as amended from time to time (“Data Protection Law”).
16.2 We are the controller of the personal data we hold about you and your staff to manage your account. Our Privacy Policy at https://development.catchydesign.uk/Privacy-policy explains how we use it.
16.3 Where we process personal data on your behalf in providing the Services (for example, data about visitors, enquiries or orders collected through your website), you are the controller, we are your processor, and the data processing terms in Schedule 2 apply.
17.1 Each of us will keep the other’s confidential information secret, and will use it only to perform the Agreement, during the Agreement and for two years after it ends.
17.2 This does not apply to information that is or becomes public other than through a breach of this clause, or that was lawfully known to the receiving party beforehand. Either of us may disclose confidential information where required by law, a court or a regulator (and then only to the extent necessary), and to our employees, subcontractors and professional advisers who need to know it and are bound by duties of confidentiality.
18.1 Service communications. We will email you about your account, billing, security, system changes, website updates and other technical matters. These emails are part of the Services and are not marketing.
18.2 Marketing. We will only send you marketing emails as permitted by law, and you can unsubscribe at any time using the link in each email or by emailing contact@catchydesign.co.
18.3 Portfolio. We may refer to you as a customer, and show your name, logo and screenshots of your website in our portfolio, case studies and marketing, with a brief description of the Services we provided. You can ask us to stop at any time by emailing contact@catchydesign.co, and we will stop any new use within 30 days.
19.1 Nothing in the Agreement limits or excludes our liability for death or personal injury caused by our negligence, for fraud, gross negligence or wilful misconduct, or for any other liability that cannot be limited or excluded under applicable law.
19.2 We will provide the Services with reasonable care and skill. All other warranties, conditions and terms implied by law are excluded to the fullest extent permitted by law.
19.3 Subject to clause 19.1 and to the extent permitted by applicable law, we will not be liable, whether in contract, tort (including negligence) or otherwise, for any:
19.4 Subject to clause 19.1, our total liability to you arising out of or in connection with the Agreement in any 12-month period is limited to the greater of $1,000 and the total fees you paid us in the 12 months before the event giving rise to the liability.
19.5 We are not liable for any failure or delay caused by you, by your Customer Materials, or by third-party services outside our control, such as Google, domain registries or payment providers.
20.1 We may suspend the Services, or end the Agreement immediately by written notice, if:
20.2 Where we end the Agreement under clause 20.1 during a Minimum Term, the early termination charge under clause 5.5 becomes immediately due.
20.3 You may end the Agreement immediately by written notice if we commit a material breach that we fail to remedy within 30 days of your written notice. In that case, no early termination charge applies.
21.1 Neither of us is liable for any delay or failure to perform caused by events outside our reasonable control, including power or telecommunications failures, failures of upstream providers, cyber-attacks despite reasonable security measures, fire, flood, pandemic, war, terrorism, strikes or government action. This does not excuse any obligation to pay.
21.2 If such an event prevents performance for more than 60 days, either of us may end the Agreement by written notice.
22.1 We may update these Terms by giving you at least 30 days’ written notice by email. The updated Terms will apply from the start of your next Billing Period after the notice period ends.
22.2 If a change would materially disadvantage you, you may end the Agreement by written notice before the change takes effect, without paying any early termination charge.
22.3 Changes required by law, or for urgent security reasons, may take effect sooner where necessary. Price changes are governed by clause 6.4.
23.1 Transfer. We may transfer our rights and obligations under the Agreement to any successor business. You may not transfer your rights or obligations without our written consent.
23.2 Subcontracting. We may use subcontractors to provide the Services, but we remain responsible for their work.
23.3 Entire agreement. The Agreement is the entire agreement between us and replaces all previous correspondence and discussions, whether written or oral. Each of us confirms that we have not relied on any statement not set out in the Agreement. Nothing in this clause limits liability for fraud.
23.4 Severability. If any provision is found to be invalid or unenforceable, the rest of the Agreement remains in force.
23.5 No waiver. A delay or failure to enforce any right is not a waiver of it.
23.6 Third parties. No one other than you and us has any right to enforce the Agreement.
23.7 Notices. Notices under the Agreement must be in writing and may be sent by email: to us at the addresses in clause 1.2, and to you at the email address in your Formal Quote or dashboard. An email is treated as received on the next Working Day after it is sent.
23.8 Relationship. Nothing in the Agreement creates a partnership, joint venture or employment relationship between us.
23.9 Language. These Terms are written in English. If they are translated into Arabic or any other language, the English version prevails to the extent permitted by law.
24.1 If you have a complaint, please email contact@catchydesign.co. We will respond within 10 Working Days. Each of us will try in good faith to resolve any dispute through senior representatives for 30 days before starting court proceedings, except where urgent relief is needed.
24.2 The Agreement, and any dispute or claim arising out of or in connection with it, is governed by the laws of the Emirate of Dubai and the applicable federal laws of the United Arab Emirates. The courts of Dubai have exclusive jurisdiction, except that we may also bring proceedings to recover sums due to us in the courts of the country where you are based, and except as set out for consumers in Schedule 3.
Onboarding items. The delivery timescale starts once we have received all of the following and set your deadline in your dashboard:
| Package | Estimated delivery | Long-stop date |
|---|---|---|
| Starter | 7 to 10 Working Days | 21 Working Days |
| Professional | 7 to 10 Working Days | 21 Working Days |
| Ultimate | 20 Working Days | 30 Working Days |
Delivery timescales are subject to clauses 8.2 to 8.4. Missing, incorrect or incomplete information, late approvals, and additional requests or changes beyond the original selected Template will extend them.
Branding (Professional and Ultimate). There is no set deadline for the branding phase. Three rounds of revisions are included for each design presented, and further revisions are chargeable under clause 8.3.
1. Scope. We process personal data on your behalf for the duration of the Agreement for the purpose of providing the Services, which includes hosting, maintaining, securing and backing up your website and operating its forms, bookings and ordering functions. The personal data may include names, contact details, enquiry content, order and transaction details, account credentials and technical data (such as IP addresses) relating to visitors to your website, your customers and prospective customers, and your staff.
2. Instructions. We will process that personal data only on your documented instructions, which are the Agreement and any further written instructions you give us, including in relation to international transfers, unless the law requires otherwise. In that case we will tell you before processing unless the law prohibits this. We will tell you promptly if we believe an instruction infringes Data Protection Law.
3. Confidentiality. We will ensure that everyone we authorise to process the personal data is bound by a duty of confidentiality.
4. Security. We will implement appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. These include encryption in transit, access controls, regular software updates and security patching, firewalls and monitoring, and regular backups.
5. Sub-processors. You give us general authorisation to use sub-processors, such as hosting, cloud, email and backup providers. A current list is available on request. We will give you at least 14 days’ notice of any new sub-processor. If you object on reasonable data protection grounds and we cannot reasonably accommodate the objection, you may end the affected Services without any early termination charge. We will impose data protection obligations on each sub-processor equivalent to those in this Schedule, and we remain liable to you for their performance.
6. International transfers. We will transfer the personal data to another country only in accordance with Data Protection Law, including by putting appropriate contractual safeguards in place where required.
7. Assistance. Taking into account the nature of the processing, we will assist you in responding to requests from individuals exercising their rights, and in meeting your obligations on security, personal data breach notification, data protection impact assessments and consultation with the competent data protection authority. We may charge reasonable fees for assistance that goes beyond what is minimal.
8. Personal data breaches. We will notify you immediately, and in any event within 48 hours, after becoming aware of a personal data breach affecting the personal data, and give you the information you reasonably need to meet your obligations.
9. End of processing. When the Agreement ends, we will, at your choice, delete or return the personal data, unless the law requires us to keep it. Copies in backups will be overwritten in the normal backup cycle.
10. Audits. We will make available the information reasonably necessary to demonstrate our compliance with this Schedule. We will allow audits by you or your appointed auditor on at least 30 days’ notice, no more than once a year (unless required by a regulator or following a personal data breach), at your cost and subject to reasonable confidentiality obligations.
This Schedule applies only if you are an individual acting wholly or mainly outside your trade, business, craft or profession. It takes priority over anything else in the Agreement that conflicts with it.
1. Your legal rights. Nothing in the Agreement affects any rights you have under mandatory consumer protection law, including UAE Federal Law No. 15 of 2020 on Consumer Protection or, if you live outside the UAE, the mandatory consumer protection law of your country of residence.
2. Cancellation. You may cancel your order within 24 hours under clause 5.7. If mandatory consumer protection law that applies to you gives you a longer cancellation period or other cancellation rights, you have those rights, and clause 5.7 does not limit them. If you ask us to start work during any such cancellation period and then cancel, you must pay a proportionate amount for the Services provided up to the time you cancel, to the extent that law allows.
3. Ending your subscription. You may end your subscription by email to billing@catchydesign.co or through your dashboard, and we will confirm this in writing. Clause 5.4 applies to you as well. If a Minimum Term was clearly shown in your Formal Quote and you end the Agreement early, any early termination charge will not exceed the Subscription Fees for the rest of the Minimum Term, less any costs we save as a result of the early termination.
4. Our liability to you. Clause 19 does not apply to you. Instead, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Agreement or failing to use reasonable care and skill. We are not responsible for any loss that was not foreseeable. We do not exclude or limit our liability where it would be unlawful to do so.
5. Changes to these Terms. If we change these Terms in a way that is to your disadvantage, you may end the Agreement before the change takes effect, without any early termination charge.
6. Courts. If mandatory law in your country of residence gives you the right to bring proceedings in your local courts, clause 24.2 does not remove that right.