Legal
Terms of Service
Last updated: 31 March 2026
1. Introduction and acceptance
These Terms of Service ("Terms") govern your use of the Oneiro Digital website at oneiro.digital ("Website") and, together with any applicable Statement of Work or service agreement, govern the provision of services by Oneiro Digital ("we", "us", "our") to clients ("you", "Client"). By accessing the Website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Website or engage our services.
2. Services
Oneiro Digital provides digital marketing services including, but not limited to, analytics implementation, conversion rate optimisation, paid media management, and Shopify migrations for luxury and retail ecommerce brands. The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate Statement of Work or service agreement, which forms part of the contract between Oneiro Digital and the Client. In the event of any conflict between these Terms and a Statement of Work, the Statement of Work shall prevail.
3. Use of the website
You may use the Website for lawful purposes only and in a manner consistent with these Terms. You must not use the Website to transmit any unsolicited commercial communications, to engage in any conduct that is unlawful, harmful, or fraudulent, to attempt to gain unauthorised access to any part of the Website or its underlying systems, or to interfere with the proper functioning of the Website. We reserve the right to restrict or terminate access to the Website at our discretion without notice.
4. Intellectual property
All content on the Website, including but not limited to text, graphics, logos, images, and software, is owned by or licensed to Oneiro Digital and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Website content without our prior written consent. In relation to client engagements, ownership of deliverables and intellectual property will be as set out in the applicable Statement of Work. Unless otherwise agreed in writing, Oneiro Digital retains all rights in any methodologies, frameworks, tools, templates, and know-how developed or used in the course of providing services.
5. Client obligations
Where you engage our services, you agree to: provide accurate, complete, and timely information and materials reasonably required for us to perform the services; ensure you hold all necessary rights, permissions, and consents for any materials you provide to us; cooperate reasonably with our personnel and respond promptly to reasonable requests; and ensure that any third-party platforms, accounts, or data to which you grant us access are done so in accordance with the applicable platform's terms of service. You acknowledge that delays or failures in providing required information or approvals may affect our ability to deliver services on the agreed timeline and we shall not be liable for any such delays.
6. Fees and payment
Fees for services are as agreed in the applicable Statement of Work. Unless otherwise stated, invoices are due for payment within 14 days of the invoice date. We reserve the right to charge interest on overdue amounts at the rate of 8% per annum above the Bank of England base rate, as permitted under the Late Payment of Commercial Debts (Interest) Act 1998, or at the applicable statutory rate in the Client's jurisdiction. We reserve the right to suspend services where invoices remain unpaid beyond 30 days of the due date.
7. Confidentiality
Each party agrees to keep confidential all information received from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, that the receiving party already knew prior to disclosure, or that the receiving party is required to disclose by law or court order. The confidentiality obligations under this section shall survive termination of any engagement for a period of three years.
8. Warranties and disclaimers
We warrant that we will perform services with reasonable care and skill. We do not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components, and we accept no liability for any loss or damage arising from your reliance on Website content. Nothing on this Website constitutes legal, financial, or investment advice. All Website content is provided for informational purposes only. We do not guarantee any specific results from the provision of our services. Marketing performance is subject to numerous external factors beyond our control, including but not limited to market conditions, platform algorithm changes, and competitive activity.
9. Limitation of liability
To the fullest extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with the Website or any services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you to us in the three months preceding the event giving rise to the claim. We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Oneiro Digital and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: your use of the Website in breach of these Terms; your breach of any applicable law or third-party rights; or any materials you provide to us that infringe the intellectual property or other rights of any third party.
11. Third-party links and services
The Website may contain links to third-party websites or reference third-party services. These links are provided for convenience only. We do not endorse, control, or accept responsibility for the content, privacy practices, or availability of any third-party website or service. Your use of any third-party website or service is at your own risk and subject to that third party's terms and conditions.
12. US-specific provisions
For clients and users located in the United States: these Terms shall be interpreted in a manner consistent with applicable US federal law where relevant. For disputes arising in California, the limitation on implied warranties and exclusion of incidental or consequential damages may not apply to the extent prohibited by applicable California law. Residents of New Jersey should note that certain consumer protection provisions of New Jersey law may apply notwithstanding the choice of law in Section 14. Nothing in these Terms is intended to waive any rights that cannot be waived under mandatory applicable state consumer protection laws. Where US state law provides rights that conflict with these Terms and those rights cannot be contractually waived, the applicable state law rights shall prevail.
13. Dispute resolution
In the event of a dispute arising out of or in connection with these Terms or any services, the parties agree to attempt to resolve the dispute informally in the first instance by contacting us at hello@oneiro.digital. If the dispute is not resolved within 30 days of written notice, either party may pursue the dispute through the courts in accordance with Section 14. For clients located in the United States, any dispute that cannot be resolved informally may, at the election of either party, be submitted to binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information. Each party waives any right to participate in a class action arbitration or class action lawsuit.
14. Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. Subject to Section 13 and any mandatory applicable law in the Client's jurisdiction, the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales. For clients located in the United States, mandatory consumer protection laws of the Client's state of residence may apply in addition to English law where such laws cannot be contractually excluded.
15. Termination
Either party may terminate a service engagement in accordance with the notice provisions set out in the applicable Statement of Work. We reserve the right to terminate any engagement immediately upon written notice where you breach these Terms or any Statement of Work and fail to remedy such breach within 14 days of written notice. Upon termination, all outstanding fees for work completed up to the date of termination become immediately due and payable. Termination does not affect any rights or obligations accrued prior to the termination date. Sections 4, 7, 9, 10, 13, and 14 shall survive termination.
16. Changes to these terms
We reserve the right to update or modify these Terms at any time. The date at the top of this page indicates when the Terms were last revised. Continued use of the Website after the posting of revised Terms constitutes your acceptance of those changes. For existing client engagements, any material changes to these Terms will be communicated in writing and will not take effect until agreed by both parties.
17. Entire agreement
These Terms, together with any applicable Statement of Work or service agreement and our Privacy Policy, constitute the entire agreement between you and Oneiro Digital in relation to the subject matter herein, and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
18. Contact
For any questions relating to these Terms, contact us at hello@oneiro.digital.