Terms of Service
Website and engagement policy for DSpot Creative's RFP-based services.
1. About these terms
These Terms of Service govern use of the DSpot Creative website and the process by which prospective clients request proposals for design, development, consulting, marketing and related digital services.
DSpot Creative may operate through a team, contractors or specialist partners. A proposal or project scope may identify the specific parties responsible for delivery.
2. RFP-based engagements
All new projects begin as a Request for Proposal (RFP). Information submitted through this website is an initial brief, not an automatic acceptance of work. DSpot Creative may request clarification before preparing a proposal.
A project only becomes an engagement when the scope, commercial terms, milestones and other relevant conditions are accepted through the agreed Upwork process.
3. Upwork-only transactions
This model is intended to provide transparent documentation for both the client and agency and to make global engagement easier by using Upwork's established payment, platform and tax-related mechanisms where applicable.
4. Scope and change requests
Only deliverables expressly included in the approved project scope are included in the agreed fee. New requirements, additional pages, revisions beyond the agreed allowance, new integrations or material changes may require a revised scope, timeline and fee.
5. Client responsibilities
The client is responsible for providing accurate information, content, approvals, credentials and access reasonably required to complete the work. Delays caused by missing information, delayed approvals or unavailable third-party systems may affect delivery dates.
6. Reviews and acceptance
Work is reviewed against the approved scope and milestone requirements. Clients should provide consolidated feedback within the agreed review period. Silence or delay does not automatically waive material defects, but it may move the project timeline.
7. Intellectual property
Unless a proposal states otherwise, final approved deliverables are intended for transfer or licensed use by the client after the applicable Upwork engagement has been completed and paid according to the agreed terms. DSpot Creative may retain rights in pre-existing tools, templates, processes, libraries, know-how and third-party materials.
8. Portfolio rights
Unless confidentiality or the project agreement states otherwise, DSpot Creative may display completed work in its portfolio, website, case studies and professional marketing materials. Confidential projects can be excluded by written agreement.
9. Third-party services
Websites and digital products may depend on third-party services such as hosting, domains, APIs, payment providers, CMS platforms, analytics systems or software licenses. Third-party fees, outages and policy changes are outside DSpot Creative's direct control unless expressly included in scope.
10. Refunds and cancellations
Refunds and cancellations are handled according to the applicable project agreement and Upwork's platform rules. Clients should use the Upwork dispute and resolution mechanisms available to the engagement rather than attempting to bypass the platform.
11. Confidentiality
Both parties should treat non-public business, product, technical and commercial information received during an engagement as confidential, subject to any separate NDA or written agreement.
12. Warranties and liability
Services are provided according to the agreed scope. To the maximum extent permitted by applicable law, DSpot Creative is not responsible for indirect, incidental or consequential losses arising from third-party services, client systems, misuse of deliverables or circumstances outside its reasonable control.
13. Prohibited use
You may not use this website to submit unlawful content, malicious code, fraudulent requests, spam, impersonation or requests that would require DSpot Creative to violate applicable law or platform rules.
14. Changes
DSpot Creative may update these terms from time to time. The version published on this page applies to website use until replaced. Project-specific agreements may contain additional terms that govern the individual engagement.
15. Contact
Questions about these terms or an RFP can be submitted through the website contact form or the contact details published by DSpot Creative.