Domain Design Agency Ltd : See our terms and conditions.
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Terms & Conditions

Here you can read all of the LegalClicks/DDA Terms & Conditions.

These Terms and Conditions govern the supply of services by Domain Design Agency Ltd, trading as LegalClicks ("LegalClicks", "Domain Design", DDA", "we", "our" or "us").
A company registered in Scotland (Company No. SC334741)
VAT Registration Number: GB 989 3207 72
Registered Office: Clyde Offices, 2nd Floor, 48 West George Street, Glasgow, G2 1BP

These Terms and Conditions govern the supply of products and services by Domain Design Agency. By accepting a quotation, instructing us to commence work or making payment against an invoice, you agree to be bound by these Terms and Conditions.

These Terms and Conditions apply to all products and services supplied by Domain Design Agency and supersede any previous agreements or understandings unless otherwise agreed in writing.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Domain Design Agency reserves the right to amend these Terms and Conditions from time to time. The version in force at the date of acceptance of your quotation or agreement shall apply unless otherwise agreed in writing.

Domain Design Agency will only enter into contracts with individuals aged 18 years or over, or with a parent, guardian or other authorised person acting on behalf of anyone under the age of 18.

Initial Specification & Project Scope

Our quotation is based on the initial specification, scope of work and requirements agreed before the project commences. Should the scope of the project change, increase or extend beyond the agreed specification during the course of the project, any additional work will be charged at our current standard hourly rate unless otherwise agreed in writing.

Throughout the project there will be key approval and sign-off stages. Once a stage has been approved by the client, any subsequent changes requested to previously approved work may be treated as additional work and charged accordingly.

Standard Payment Terms

Unless otherwise agreed in writing, our standard payment terms for website and design projects are 50% deposit before work commences, 25% upon approval of the design or visual stage, and the remaining 25% upon project completion or when the website is made live.

All payments must clearly reference the relevant invoice number. We accept payment by BACS transfer, Direct Debit and other payment methods made available by Domain Design Agency at the time of invoicing.

Clients on monthly payment plans are required to pay by Direct Debit. Unless otherwise stated within your agreement, monthly website plans are supplied on an initial 12-month agreement, after which the applicable notice period detailed within these Terms and Conditions will apply.

Payment terms for ongoing services, including hosting, website plans, service retainers, SEO and PPC management, are governed by the individual service agreements and the relevant sections contained within these Terms and Conditions.

Late Payment

Invoices must be paid by their due date. Domain Design Agency reserves the right to charge statutory interest and reasonable debt recovery costs on overdue invoices in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, together with any reasonable legal or third-party collection costs incurred in recovering outstanding amounts.

Where invoices remain unpaid, Domain Design Agency reserves the right to suspend or withdraw services, including websites, hosting, email services, software licences and other online services, until all outstanding balances have been settled. Domain Design Agency shall not be liable for any loss of business, revenue or consequential losses arising from the suspension of services due to non-payment.

Any costs incurred as a result of failed Direct Debit collections, returned payments or payment reversals may be charged to the client where applicable.

Project Turnaround Limit

Depending on the type of project we start for you, this dictates the planned timeline for your website. Smaller quicker projects can take 10-14 days from all content being supplied, while larger custom projects can be up to a three month time limit to complete the job within, if no other agreed terms have been agreed for the deadline in advance. If your project is not complete within the three month period from it’s official start date (from 50% deposit paid), as a direct result of Domain Design Agency waiting on client input, this can include approval or content for project (text/images/products) then the full outstanding payment becomes due on the project.

It is important and key for the best turnaround on your project if you, the client, can maintain good communications with us in a timely manner. Once you have paid your deposit we expect all content for your website given to us within the agreed timescales (including all text and image descriptions), if you are supplying the text for your site. If you are requiring our copywriting services then all sitemaps and content must be fully agreed within these 7 days of deposit being paid, to ensure a fast start of your project within the studio.

Timescales will be given to you as part of your overall project going ahead inline with our current studio work lead time. The flow of all work will be as follows: 1) Sitemap with agree specs, 2) Content with text and images, 3) Design and Build stage of code, 4) Checks for DDA standards and training access given 5) SEO work carried out on website and 6) Once approved by you we make the site live on the internet and push to Google.

Further 3 Months to complete or job is void

If a project is waiting on client input and Domain Design Agency has invoiced for the full amount of the job, we will honour this price for another three months. Please note that if after this six month window, and we are still not at a complete stage with the project as a result of lack of client input, then the job becomes void and and any payment due immediately.

If you choose to come back to complete any project after this six months period has passed and the project has been made void, the job will be priced as a new job before any work will be commenced by Domain Design Agency and payment made in full.

Search Engine Optimisation (SEO) & Google Ads (PPC)

Domain Design Agency provides tailored Search Engine Optimisation (SEO) and Google Ads (PPC) management services based on your individual business objectives, industry, target market, geographic location and level of competition. Every campaign is unique and the scope of work will be agreed as part of your quotation or proposal.

Organic SEO is a long-term marketing strategy designed to improve your website's visibility within search engines. Results vary depending on many factors, including competition, your website, market conditions and search engine algorithm updates. Whilst improvements can often be seen over time, Domain Design Agency cannot guarantee specific rankings, traffic levels or timescales for results. We will always provide realistic advice and recommendations based on your individual circumstances.

Google Ads (PPC) can provide immediate visibility within search results once campaigns are live. Domain Design Agency charges a management fee for the planning, creation, optimisation and ongoing management of your campaigns. Your advertising spend is paid directly to Google and remains entirely separate from our management fees. Domain Design Agency does not receive any commission or percentage of your advertising budget.

Website Maintenance

Following the launch of your website, Domain Design Agency provides a 90-day warranty covering the correction of any faults or bugs directly relating to the original development of the website. This warranty does not cover additional functionality, new features, client-requested amendments, third-party software updates or issues resulting from alterations made by anyone other than Domain Design Agency.

Following the expiry of the warranty period, clients may choose one of our ongoing website maintenance plans or request support on an ad-hoc basis. Any work carried out outside an active maintenance agreement will be charged at our current standard hourly rate.

Where included within your maintenance agreement, Domain Design Agency will provide ongoing website updates, security updates, software compatibility updates and website backups in accordance with the level of cover provided by your chosen maintenance package.

Website backups are only guaranteed where they form part of an active hosting or website maintenance agreement. Whilst Domain Design Agency takes reasonable precautions to protect client data, clients remain responsible for retaining copies of any business-critical data and content.

Browser Compatibility

Domain Design Agency develops websites and systems to be compatible with the current and immediately preceding major versions of the most widely used web browsers, including Google Chrome, Microsoft Edge, Mozilla Firefox and Apple Safari. We do not guarantee compatibility with outdated, unsupported or obsolete browsers or operating systems.

Unless otherwise agreed within the project specification, websites are developed using responsive design techniques to provide an optimal viewing experience across modern desktop, tablet and mobile devices. Due to differences in device hardware, operating systems, browsers and screen sizes, minor variations in appearance or functionality may occur.

Domain Design Agency reserves the right to use current web technologies, coding standards and security practices when developing websites and applications. We are not responsible for compatibility issues arising from legacy systems, unsupported software or third-party browser extensions.

Security and Protection

Domain Design Agency develops websites and systems using current industry standards and security best practices. However, the ongoing security of your website also depends upon the security of the devices, networks and user accounts used to access it.

Clients are responsible for maintaining secure passwords, protecting login credentials and ensuring that authorised users only access the website through secure devices and networks that are kept up to date with the latest operating system, security patches and appropriate anti-virus or anti-malware software.

Domain Design Agency cannot be held responsible for security breaches, malware infections, unauthorised access or data loss resulting from compromised passwords, insecure devices, third-party software, phishing attacks or any circumstances beyond our reasonable control.

Should a website require investigation, recovery or repair following a security incident, hack or malware infection, any remedial work will be chargeable at our current standard hourly rate unless otherwise covered by an active maintenance or support agreement.

Training

Once your new website/system is complete, Domain Design Agency will offer training to you free of charge at a meeting if local, or remotely over the video/phone call by controlling your machine to train you on the system. All training will be screen recorded and a video supplied to the client for future reference. We can also send you a training video or embed these on the pages of your site within the admin panel so you can see the specific training video for that page. A lot of clients like these shorter targeted videos, as they are always there within your admin for reference when changing your website.

Please note, if at a later stage you need any re-training, Domain Design Agency will charge you a re-training fee if for example in 6 or 12 months time you need to be re-trained again on your admin system. But by giving you a training video this should help cut out the need for any additional training at a later date.

Hosting

All websites require a suitable hosting environment in order to be accessible on the internet. Domain Design Agency can provide professional hosting solutions suitable for brochure websites, content management systems (CMS), eCommerce websites, bespoke business systems, VPS hosting and dedicated server hosting.

Hosting fees are charged separately from website development unless specifically stated otherwise within your quotation or agreement. Current hosting charges are available on request, within your quotation or proposal, or at the time of renewal. We reserve the right to amend hosting charges where supplier costs, infrastructure costs or service requirements change. Any revised pricing will be communicated in advance of your renewal date.

Hosting services commence from the date you become a client of Domain Design Agency. A live hosting environment is required during the website development process to allow website configuration, testing, email services and domain functionality prior to your website going live.

Where website usage, storage, bandwidth or server resources exceed the limits of the hosting solution provided, we reserve the right to recommend or require an upgraded hosting package. Any additional charges will be discussed with you before implementation wherever reasonably possible.

Using Your Own Hosting

You are welcome to host your website with a third-party hosting provider. However, any time spent configuring, supporting, investigating or resolving issues relating to third-party hosting environments will be chargeable at our standard hourly rate.

It remains your responsibility to ensure that any hosting service you choose is suitable for your website and its requirements. Domain Design Agency accepts no responsibility for downtime, security issues, compatibility problems, performance issues or any other faults arising from third-party hosting services.

Where we develop a website that will ultimately be transferred to your own hosting provider, we may utilise a temporary hosting environment during the development period. Any applicable temporary hosting charges will be advised in advance.

Dedicated Server Hosting

Dedicated server hosting is supplied on a rolling 12-month agreement and will automatically renew for successive 12-month periods unless cancelled in accordance with the cancellation terms below.

Cancellation of Hosting Services

Unless otherwise agreed in writing, all hosting services supplied by Domain Design Agency, including shared hosting, CMS hosting, eCommerce hosting, VPS hosting and dedicated server hosting, require a minimum of three months' written notice prior to the applicable renewal date if you wish to cancel the service.

If sufficient notice is not received, your hosting service will automatically renew for the applicable renewal period.

Following completion of your notice period, you may choose one of the following options:

1 - Continue hosting your website with Domain Design Agency under a hosting-only agreement. 2 - Transfer your website, domain names, email services and SSL certificates to another hosting provider. We will provide reasonable assistance with the transfer where applicable. Any additional work outside the standard migration process may be chargeable. 3 - Cancel all hosting services, resulting in the removal of your website, email services, SSL certificates and any associated hosting services at the end of your notice period.

Where a website has been financed under one of our monthly website plans, cancellation of the website agreement remains subject to the separate notice period and terms applicable to that agreement.

Domain Names

Every website requires a domain name in order to be accessible on the internet. Domain Design Agency can register, renew and manage domain names on your behalf as part of your website, hosting and email services.

Domain name registration and renewal fees are charged separately unless otherwise stated within your quotation or agreement. Current pricing is available on request or at the time of renewal. We reserve the right to amend domain registration and renewal charges where supplier costs or registry fees change.

Where Domain Design Agency manages your domain name, we will use reasonable endeavours to ensure it is renewed on time, provided all applicable renewal invoices have been paid when due.

Where a domain name is registered or managed by a third party, the client remains solely responsible for ensuring that the domain name is renewed, remains active and is correctly configured. Domain Design Agency accepts no responsibility for any loss of service, website downtime, email interruption or other issues arising from the expiry, suspension or misconfiguration of a domain name managed by a third party.

Email Accounts

Where email services form part of your hosting package, Domain Design Agency will provide the relevant connection settings and account information required to configure your email accounts.

Email storage, mailbox limits and the number of email accounts available will depend on your chosen hosting package. Additional mailboxes, storage or email services may be available at an additional cost.

Where requested, Domain Design Agency can provide assistance with the configuration of email accounts on computers, mobile devices and other supported equipment. Any setup, migration or support work not included within your hosting or support agreement may be chargeable at our current rates.

Domain Design Agency is not responsible for issues arising from third-party email software, internet service providers, device manufacturers or changes made by the client or other third parties following the initial setup.

Ongoing Service Retainers

Our ongoing service retainers provide clients with a dedicated allocation of professional time each month across our design, website, development, digital marketing and related services, in accordance with the agreed retainer package.

The number of hours included within your retainer is specific to your chosen package and may be used on any services covered under your agreement.

Retainer hours are allocated on a monthly basis and are intended for use within the relevant billing month. Any unused hours expire at the end of each month and do not roll over, accumulate or carry forward into future months. Unused hours have no cash value and cannot be exchanged for a refund or credit.

Should you require additional work beyond your monthly retainer allocation, this will be charged separately at the applicable discounted retainer rate or at our standard hourly rate, as agreed.

Retainer services are supplied on either a 6-month or 12-month initial agreement, as specified within your quotation or proposal.

At the end of the initial agreement period, your retainer will automatically continue on a rolling basis unless cancelled by either party.

Following the initial term, either party may terminate the retainer by providing a minimum of 30 days' written notice. Any work carried out during the notice period will continue to be covered by the agreed monthly retainer and the applicable monthly retainer fee will remain payable until the notice period has ended.

Domain Design Agency reserves the right to review or amend retainer packages, included services and pricing at renewal or upon reasonable notice where business requirements or operating costs change. Any such changes will be communicated in advance.

Print Work Payment

All print work paid before delivery (for new clients)

Domain Design Agency requires all pre-paid invoices for any print work before it is due for delivery for new clients. Domain Design Agency do offer accounts for existing clients only.

Product & Service Agreement

Domain Design Agency will use reasonable skill and care in the provision of all products and services. Whilst every effort is made to ensure that work is delivered to a high standard, we cannot guarantee that any product, website, software or service will be entirely free from errors or interruptions. To the fullest extent permitted by law, Domain Design Agency shall not be liable for any indirect, consequential or financial loss arising from the use of our products or services.

Clients will be provided with opportunities to review and approve work throughout the project. Unless otherwise agreed in writing, quotations include up to two reasonable rounds of revisions during the design stage. Once a design, visual, specification or development stage has been approved by the client, it will be deemed accepted and any subsequent amendments may be treated as additional work and charged accordingly.

Following completion of the project, clients should review the final deliverable promptly and notify Domain Design Agency of any defects or issues within 7 days of delivery or the website being made live. In the absence of any notification, the work will be deemed accepted.

Whilst Domain Design Agency will use reasonable endeavours to deliver projects within agreed timescales, all completion dates are estimates unless expressly agreed otherwise in writing. We shall not be liable for delays caused by client requests, changes to the agreed scope, delays in receiving content or approvals, third-party suppliers or any circumstances beyond our reasonable control.

Domain Design Agency shall not be liable for any loss of profits, loss of business, loss of revenue or any consequential losses arising from project delays, website downtime or the use of our products or services.

Once a project has been completed and handed over, Domain Design Agency accepts no responsibility for alterations, modifications or updates carried out by the client or any third party.

The client is responsible for ensuring that all content, images, logos, trademarks and other materials supplied to Domain Design Agency are owned by the client or that the appropriate permissions and licences have been obtained. The client agrees to indemnify Domain Design Agency against any claims arising from the use of materials supplied by the client.

Where project content or other required information is not supplied within the agreed timescales, Domain Design Agency reserves the right to revise project schedules, amend delivery dates and recover any reasonable additional costs resulting from the delay.

Termination

Where a project has been delayed due to the client failing to provide required content, feedback, approvals or other requested information, and no meaningful progress has been made for a continuous period of 24 weeks, Domain Design Agency reserves the right to close the project.

Should the client wish to recommence the project at a later date, it will be treated as a new project and repriced based on our current rates and the remaining scope of work.

Any request to terminate services must be made in writing by an authorised representative of the client. The effective date of termination will be the date on which the written notice is received by Domain Design Agency.

The client remains responsible for payment of all work completed, services provided and any outstanding invoices up to the effective termination date.

Cancellation of hosting services, website payment plans, service retainers and any other recurring services is subject to the individual notice periods and cancellation terms contained within these Terms and Conditions.

Where a client requests the transfer of website files, databases, domain names, email services or any other digital assets to another supplier, Domain Design Agency reserves the right to charge a reasonable administration and migration fee where significant work is required. Any such charges will be advised before work commences.

If a client account has been closed and subsequently needs to be reinstated, Domain Design Agency reserves the right to charge an account reactivation fee together with any applicable hosting, licensing or service charges required to restore the services.

Copyright & Intellectual Property

Unless otherwise agreed in writing, all intellectual property rights in any proprietary software, source code, scripts, systems, frameworks, processes, methodologies, development tools and reusable components developed or owned by Domain Design Agency shall remain the exclusive property of Domain Design Agency.

Upon receipt of full payment of all sums due, ownership of the final website design, written content and other bespoke creative work specifically produced for the client shall transfer to the client, excluding any third-party software, licensed assets, stock photography, fonts, plugins, frameworks, reusable code or other materials that remain subject to their respective licences or ownership rights.

The client warrants that any text, images, logos, trademarks or other materials supplied to Domain Design Agency either belong to the client or are used with the appropriate permissions and licences. The client agrees to indemnify Domain Design Agency against any claims, losses, damages or expenses arising from materials supplied by the client.

No part of Domain Design Agency's proprietary software, source code, systems, documentation, development tools or other intellectual property may be copied, reproduced, distributed, modified, reverse engineered or resold without our prior written consent.

Design Credit

Unless otherwise agreed in writing, Domain Design Agency reserves the right to include a discreet design credit and/or hyperlink within the footer of websites designed and developed by us.

Last updated 10th December 2024 – This agreement is subject to the jurisdiction of the Scottish Legal System.

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