DEC 365 Terms of Service

Last Revised: December 2025

1. Introduction

1.1. Agreement

These are the Terms of Service ("Terms") for our website and services. These Terms are a binding legal agreement between you (the "User") and DEC (trading as DEC 365). Throughout this document, the terms "DEC 365", "we", and "us" refer to the registered entity DEC.

1.2. Reseller Status

Our service is an agency that builds on the Wix.com platform. By using our service, you also agree to be bound by the Wix.com Terms of Use (which are passed through to you).

2. Your Responsibilities

2.1. Your Content

You are solely responsible for all content, data, and media you provide. You must own all rights to your content or have legal permission to use it.

a) Right to Refuse: We reserve the right to refuse to use any text, image, or media file provided by you if we verify or suspect it may infringe on copyright or violates our ethical standards.

b) Warranty & Indemnity: By providing us with any assets (images, logos, text), you warrant that you have the full legal right to use them. If a third party takes legal action against DEC 365 regarding assets you provided, you agree to assume full liability and indemnify us for all resulting legal costs, damages, and settlements.

2.2. Acceptable Use

You agree not to use our services or communicate with our staff for any illegal, harmful, abusive, excessively demanding, or fraudulent purpose. We reserve the right to define "excessive demands" as frequent, unreasonable requests that fall outside the scope of normal paid services. Prohibited activities also include, but are not limited to, distribution of spam, malware, phishing, infringement of intellectual property, or publication of content that is defamatory or obscene.

2.3. Compliance

You are responsible for ensuring your business and your use of our services comply with all applicable laws, including privacy and consumer rights laws.

2.4. Direct Business Use (No Resale)

Our services are provided strictly for the direct use of the business owner holding the subscription. You agree that: a) You will not resell, white-label, sub-license, or redistribute our services, designs, or templates to third parties for a profit. b) You are not purchasing this subscription on behalf of a client as an undisclosed agency or middleman. c) Any attempt to "white-label" our work (presenting our services as your own to a third party) will result in immediate termination of your account and permanent deletion of the associated website.

3. Intellectual Property (IP)

3.1. Your IP (Your Content)

You own all Intellectual Property rights to: a) All raw materials you provide to us (such as your logos, specific product details, images, and brand assets).

3.2. Our IP (The "Lease")

All website design, layout, theme, custom code, and original copywriting/content created by DEC 365 remains the exclusive intellectual property of DEC 365. Your subscription grants you a non-exclusive license to use these assets only while your subscription is active. This license converts to full ownership only after you meet the vesting criteria in Clause 3.4.

3.3. Media Licensing

Any stock media (e.g., photography, video, or design elements) provided by DEC 365 is licensed only for use on the active website while your subscription is current. This media is not transferable and cannot be used by the User outside of the subscribed website.

3.4. Ownership Vesting & Early Buyout

a) Standard Vesting: We value long-term partnerships. If you maintain a continuous, paid subscription for thirty-six (36) consecutive months, the non-transferable license described in Clause 3.2 automatically converts to a permanent license. You then own the website design and content rights fully.

b) Early Buyout Option: If you wish to cancel your subscription and retain ownership of the website before the 36-month vesting period is complete, you may exercise an "Early Buyout" by paying the remaining balance of the term.

Calculation: The buyout fee is calculated as: (36 Months minus Months Already Paid) multiplied by your Current Monthly Fee. Example: If you cancel at Month 20, you must pay the remaining 16 months in a single lump sum to take the website with you.

Upon payment of this fee:

We will transfer full ownership of the Wix website to your personal Wix account.
Your recurring subscription billing with DEC 365 will cease immediately.
Important: Once transferred, you become responsible for paying Wix.com directly for the website hosting and any associated domain renewal fees. The "Buyout Fee" covers the release of intellectual property rights, not future hosting costs. Technical support from DEC 365 ends upon transfer.

4. Pricing, Payments & Changes

4.1. Subscription & License Fees

a) Monthly Fees: All monthly subscription fees are paid in advance and are non-refundable. This fee acts as a retainer to reserve our management resources and server availability for the month. Therefore, it is considered fully earned on the first day of the billing cycle, regardless of whether you request specific edits during that month.

b) The Setup Fee (If Applicable): If your plan includes a one-time setup fee (labeled as "Setup Fee," "Wix Annual License," or similar on your invoice), it is strictly non-refundable:

For Independent Domain Plans: This fee is a direct pass-through cost used to procure the hosting license from the platform provider.
For Platform-Hosted Plans: This fee covers the immediate labor and server provisioning required to configure your dedicated page. Since this labor is performed immediately upon account creation, the fee is fully earned and non-refundable, even if the plan description was updated after your purchase.

4.2. Additional Service Fees

Fees for additional services (like the "Update Fee") are listed on our website. These fees are transparent and non-refundable once the service is performed.

4.3. Price Guarantee & Renewals

a) Fixed Monthly Rate: Your monthly management fee is guaranteed to remain fixed for 36 months from your initial sign-up date.

b) Wix Annual License (Renewal): The Wix Annual License is a recurring yearly fee used to renew your platform hosting. This fee is billed annually and is based on the prevailing platform rates charged by Wix.com at the time of renewal.

c) Domain Renewal Fees: The annual domain renewal fee is billed separately starting from your second year. This fee covers the domain registrar's cost plus our administrative management fee.

4.4. Service Scope & Acceptance Protocol

You acknowledge that transaction receipts may be abbreviated or silent regarding specific features. Therefore, the scope of work is defined strictly by the following process:

a) Source of Truth (The Website): You agree that the specific features, limitations, and inclusions of your plan are defined strictly by the plan description listed on our official website (DEC 365) at the time of your purchase, and not by any abbreviated summary on the payment receipt.

b) The "Handover & Acceptance" Rule: Upon completion of the initial setup, we will send you a "Job Completion Notice" or similar confirmation (via email or messaging platforms like WhatsApp) indicating the site is live.

Implicit Acceptance: If you do not raise a specific written objection regarding missing features or errors within three (3) days of receiving this notice, the service is legally deemed "Delivered, Accepted, and Matching Description."

No Retroactive Disputes: Once this acceptance period passes, you waive the right to initiate a chargeback or dispute claiming "Product Not As Described" based on a blank or vague payment receipt, as you have already verified and accepted the delivery.

4.5. Scope of Updates & Maintenance

a) Proactive Updates: As part of your subscription, DEC 365 may proactively update your website's design, text, or settings to ensure it remains modern and effective. These updates are performed at our sole discretion and professional judgment.

b) Client-Requested Edits (Add-on): Specific requests made by the User to edit content, change design elements, upload new media, or alter the site structure are considered "Add-on Services." These requests fall outside the standard subscription and are subject to fees quoted upon request (or as listed on our Add-on Services page, if applicable).

4.6. Failed Payments & Disputes

If a scheduled payment fails to process, we may provide a temporary grace period during which your services will remain active to allow you time to update your payment method. If payment is not successfully received by the end of this grace period, your subscription and associated services (including website hosting) will be automatically suspended until the outstanding balance is cleared. Since our fees (including the Wix License and Monthly Retainer) are strictly non-refundable and deemed delivered upon payment (as per Clause 4.1), you agree that initiating a bank chargeback or payment dispute is a violation of these Terms and will result in immediate termination of all services.

5. Cancellation & Termination

5.1. Your Right to Cancel

Our service is strictly subscription-based. We do not require long-term contracts. You are free to cancel at any time.

5.2. How to Cancel

Cancellation is effective at the end of your paid subscription period (the last day of your current billing cycle).

5.3. Effect of Cancellation

Upon cancellation, your website and platform access will be terminated at the end of your current paid billing cycle.

a) No Prorated Refunds: Since the "Wix Annual License" covers a prepaid platform cost, no portion of this fee will be refunded or prorated upon cancellation. You will not receive a partial refund for the remaining months of the year.

b) Data Export: We will provide you, upon written request, with an export file containing your text and images. It is your responsibility to request this before your cancellation date. Thirty (30) days after cancellation, all data is permanently deleted.

5.4. Domain Policy

a) Domain Registration: For any subscription plan that includes a custom domain, we will register and manage the domain name on your behalf. You will be listed as the Legal Registrant (Owner) of the domain to ensure you retain full ownership rights and liability. DEC 365 will be listed as the Technical and Billing contact to manage the connection.

b) First-Year Voucher: We will apply Wix's one-year free domain voucher to your initial registration. This voucher is valid only for specific TLDs (e.g., .com, .net) and only for the first year. This does not apply to premium domains.

c) Renewal Fees: After the first-year voucher expires, you are responsible for the annual domain renewal fee. We will bill this to you annually as a separate charge.

d) Domain Transfer on Cancellation: If you cancel your service, we will provide you with the necessary transfer authorization codes (EPP codes) and unlock the domain to be transferred to a new registrar of your choice, at no additional cost. We will cooperate in good faith to complete this transfer within fourteen (14) business days of your request, provided your account is paid in full.

5.5. Our Right to Terminate

We do not guarantee specific turnaround times (e.g., "Launch in 10 days") or unlisted features unless explicitly agreed in writing.

a) Termination for Cause (No Refund): We may terminate your subscription immediately without refund if you violate these Terms, engage in abuse, or demand features outside your plan after the Wix License has been procured. In such cases, all payments are non-refundable.

b) Early Scope Rejection (Partial Refund): If we decline your project due to unreasonable demands immediately after signup (before purchasing the Wix License), we will refund the Setup Fee only.

Deductions: We will deduct non-recoverable transaction fees (e.g., Stripe/Wix processing costs) from the refund.
Retainer: The initial Monthly Fee is non-refundable (retained for administrative time).

c) Agency Cancellation (Full Refund): If DEC 365 determines that we are unable to complete your project due to our own technical limitations or capacity issues:

Action: We will cancel the project and issue a Full 100% Refund to you.
Liability: You agree that a full refund is your sole remedy. DEC 365 is not liable for any lost profits, business delays, or damages resulting from the cancellation.

6. Legal Boilerplate

6.1. Limitation of Liability & Service Commitment

Our service is provided "As Is" and "As Available," as it relies on our third-party provider (Wix.com). We do not guarantee 100% uptime, security, or error-free performance. Additionally, we are not liable if the Wix platform removes specific features, changes their pricing, or alters functionality in a way that affects your website, as we do not control the underlying software.

However, as your managed service provider, we commit to:

a) Acting as your primary point of contact for all technical issues.

b) Using our expertise to manage and escalate platform-level issues (such as outages or security alerts) with Wix on your behalf.

c) Keeping you informed of any major service disruptions and the steps being taken to resolve them. Our total liability for any claims or damages arising from your use of the service or platform outages is strictly limited to the amount you paid us in the single preceding billing cycle, to the maximum extent permitted by applicable law.

6.2. Indemnification

You agree to indemnify, defend, and hold harmless DEC 365 from any claims or damages arising from your content or your violation of these Terms.

6.3. Governing Law

These Terms shall be governed by the laws of the Republic of Singapore.

6.4. Mandatory Arbitration

a) Agreement to Arbitrate: You and DEC 365 agree to resolve any disputes arising under these Terms exclusively through binding arbitration administered in Singapore. This means neither of us will bring claims in court.

b) Exceptions to Arbitration: Claims related to infringement of intellectual property rights, unauthorized use of the services, or enforcement of the Indemnification Clause are exceptions and may be brought to a court of competent jurisdiction.

7. Contact Information

If you have any questions or concerns regarding these Terms, please contact us via WhatsApp at +65 897 00 365 or email us at admin@dec365.com.