Terms & Conditions

All completed work is owned and operated by Domain Design Agency,
a company registered in Scotland, SC334741. VAT Registration Number: 989 3207 72
Registered Address: Domain Design Agency Ltd, 272 Bath Street, Glasgow, G2 4JR

These terms and conditions govern your use of Domain Design Agency Services & Products. Please read through the Terms. If you do not agree with the Terms, then you do not agree with Domain Design Agency terms of business. If you reach agreement with Domain Design Agency, your acceptance and payment of your first invoice indicates that you agree to be bound by the Terms.

Your access to and use of Domain Design Agency website is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing, purchasing products of Domain Design Agency, you accept, without limitation or qualification, these Terms and Conditions, and acknowledge that any other agreements between you and Domain Design Agency are superseded and of no force or effect.

By agreeing to our terms and conditions you promise to abide by them henceforth. Continued use is an implied acceptance of agreement of the ‘Terms and Conditions’ and is a promise to abide by the terms and conditions for any future use or dealings with Domain Design Agency. The terms and conditions will only cease to be applicable when any such agreement is terminated by Domain Design Agency.

Any breach of the ‘Terms’ will be at the discretion of Domain Design Agency and shall be determinable by Domain Design Agency whether any such breach shall amount to breach of contract and shall repudiate any contract in force.

Domain Design Agency will only enter into contracts with those that are of 18 years or over, those wishing to enter into a contract below that age must do so with a guarantor over the age of 18 years of age that is agreed to be suitable by Domain Design Agency. This decision is purely at the discretion of Domain Design Agency.

Initial Spec/Brief

When we agree on the price for a project to your initial spec, any scope increasing as the job goes on will be charged at £99ph + vat for all other additional work, if no set new agreement has been put in place to cover this new/update or change of work.

There is important sign-off stages within a project, as it progresses and any changes being required to any previous approved milestone sign-off work, will incur an additional fee to rework these changes into the previous approved design/layout work as required by client.

Standard Payment Terms

Domain Design Agency standard payment terms are 50% deposit to begin job then 25% on approval of visuals, final 25% on project being complete prior to going live. All invoices are due upon receipt, and payment must be clearly marked with the valid invoice number that the payment is for. Payment accepted by cheque or BACS Transfer to Sort Code: 09-01-50, Account Number 01476661. Cheques made payable to Domain Design Agency Ltd and addressed and mailed to: Domain Design Agency Ltd. 272 Bath Street, Glasgow G2 4JR. Online payments are quick and instant, we accept all major credit/debit card payments sent via paypal to payments@domaindesignagency.co.uk or via phone payments by calling the accounts department on 0800 118 2411, and we will take your payment via our secure stripe payment system.

We offer a full Direct Debit service which all monthly payment plans must be part of. If you’re paying for your services annual with us, you can opt to change to DD to pay your invoices quick and easy. Let us know if you would like DD mandate form sent over to you to set this up. All monthly paid website plans and packages must be taken for at least a 12-month period and 3 months’ notice must be given that you want to stop this service. SEO or PPC monthly services can be stopped at any time, but we always recommend given both organic SEO, and pay for click ads via Google Ad Campaigns at least six months to see proper results.

Any Payment Failure

A further charge of £40 + vat per month or 8% above the base lending rate of the Bank of England (whichever is higher) of the outstanding payment will be charged until payment is received along with the product and all materials being removed from our servers. Domain Design Agency will not be held responsible for any losses related to removing the product/or services from the servers. Returned payments will result in the customer accruing an instant £99 + vat fee added to the client's account balance. Customers agree that any payment failures will result in them taking on board expenses such as legal expenses, including third parties sent to collect any outstanding overdue payments on their accounts.

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 three months plus time limit to complete the job, if no other agreed terms have been agreed for the project deadline in advance. If your project is not complete within the planned set period from its 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/video/products) then the full outstanding payment of the project becomes due immediately.

It is important and key for the best turnaround on your project if you, the client, can maintain good communications with Domain Design Agency in a timely manner. Once deposit is paid, we expect all content for your website given to us fully within 7 days (including all text and image descriptions/instructions required). If you are supplying the text for your new website. If you are requiring our copywriting services then all sitemaps and content summary guide 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 and any video, 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 and project then fully paid, we make the site live on the internet and push to Google for indexing.

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 a six-month window has passed, and we are still not at a complete stage with the project as a direct result of lack of client input, then the job becomes void and full payment is then due immediately.

If you choose to come back to complete a void project after this six-month period has passed, the job will be priced as a new job before any work will be commenced by Domain Design Agency and payment made in full to pick up the project again at a later date.

Organic SEO & Google Ads PPC

Domain Design Agency will cost all online digital marketing work to your own business needs. Every client is different and work that goes into the set-ups of on=page and off=page promotions and ongoing campaigns differs so much depending on your own industry, the sector you work within, location and competition that you face.

We always ask our clients to be patient (especially with organic SEO & PPC Google Ad Campaigns) as it can take time to build and tweak campaigns to get them running to the best performing high standards that will achieve results. We will work with you always at a realistic level and will never tell you we will get you to Google Position 1 in like a week! SEO and PPC to fine tune can take up to 3-6+ months to develop depending on the plan and package taken. This would be unrealistic to think or say otherwise to you, and we would carry out a full discovery meeting, face to face or via video link to go over your plan, and the expectations for your own campaign and budget. SEO & PPC is an ongoing important lead generating provider to your business, and the key is it needs continuing support to manage long term success through organic roots. We have many clients sitting in position 1 or top spots in Google, but we never got them there in just 7 days!

PPC via Google Ads can get you to the top of the search listings fast and almost overnight. Please note, with all Google Ads Management services we take a fee to manage your Ad campaigns, BUT you will pay Google direct for all your actual advertising costs (ad clicks) on their platform. Domain Design Agency do not earn anything from what you spend with Google Ads, that money you pay Google is fully theirs.

Website Maintenance

Domain Design Agency will cover all its work from a website live date to three months (90 days later), during this period Domain Design Agency will fix any bug or recent browser versions issues that arises. After this grace period has lapsed, you can take one of our yearly maintenance packages to ensure you are covered, or any additional other work that is required will be invoiced at our standard hourly rate of £99 + vat for all updates or fixes required after this period.

Any back-up of server hosting files or databases is only completed for clients on one of our annual maintenance packages. To keep your website and system fully up to date for security purposes we always recommend to clients to have a maintenance package in place to ensure your system never goes out of date. But if no maintenance plan is taken then you could be leaving your website and system at risk of an attack in the future.

Browser Issues

Any website/system we build will work with all modern up to date browsers across all platforms. Domain Design Agency does not cover work on older browsers and out of date browser versions. Domain Design Agency will produce your new website/system using the latest most secure web standards, and older out of date systems are not able to work securely at this level.

Domain Design Agency creates websites that will work on most mobile devices, but please remember that unless this was part of the initial brief of the project and priced accordingly to build you a custom mobile phone version of your website/system, then keep this in mind when viewing your website on such devices. As some features might not work on non-mainstream most popular device or browsers.

Security and Protection

Please only use fully secure passwords on your website/admin system. We recommend always including upper and lower case text mixed with numbers and special characters for your passwords. Please bear in mind that your login details are important, and you don’t want to let anyone easy guess them to gain access your admin panel.

We recommend you only use your admin system on a secure connection, where you know the computer, you are using is 100% genuine software with all security patches etc up to date on it. It should be protected by virus software from getting any viruses, trojans or worms that can infect the machine. If any machine you use the admin system on isn’t protected, then you are leaving your website and system open to be hacked. Any website that is hacked will occur a fee to fix your website for you, once we investigate what the hack is and what damage they have done to your website as no two cases are ever the same. Domain Design Agency prides itself on supplying you with a strong secure robust system, but it is only as strong as the machine/network connection you then use to access it.

Training

Once your new website/system is complete, Domain Design Agency will offer training to you free of charge as part of your project, this can be done remotely over the phone by controlling your machine to train you on the system, or in person if required on more complex projects. All training will be screen recorded and a video supplied to the client for future reference. We can also supply 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 you want to change your website yourself.

Please note, if at a later stage you need any re-training on your website system admin for any reason, 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, for example if you have a change of staff.

Hosting

All websites required a professional hosting package for your website to be accessed on the internet. We can supply professional hosting for all our websites we create that covers all types of applications, including brochure websites, cms systems, eshops and custom coded business systems. There will be an annual hosting fee to keep your website/system live on the internet, from our hosting servers. The price for this per year is £300 + vat for CMS hosting, £750 + vat for our advanced hosting plan, or a custom bespoke hosting solution with pricing you received at quote stage is due each year. Monthly options are available too via DD payment. All hosting comes with a fair usage allowance, if your website bandwidth exceeds the standard allowance for your hosting package then further costs for your hosting will occur to meet the needs of your website traffic.

Please note any hosting package starts from day 1 of you joining Domain Design Agency as a client. Your hosting needs to be in place to allow the build of your website to take place. Domain names require a live hosting solution in place to allow use of email mailboxes, and a lot of our clients require email addresses in place in advance of your actual website being “live”. All our hosting packages require an SSL as part of the website hosted service at a cost per year of £50 + vat (plus a one off SSL set-up fee depending upon your website platform). This means your website has a secure connection and is shown to viewers as safe to use on the internet when people find your website.

If you want to use your own web hosting, you can do but any time we spend working on any issues or installing it on a 3rd party provider's server, will be chargeable at our standard hourly rate of £99 + vat, as per the work involved. It is your responsibility to ensure the hosting package you supply is fit for purpose; Domain Design Agency will have no control over any performance or related issues that arise from using your own supplied hosting. Please note, there will be a temp hosting fee applied for the build time period of your website on our hosting servers until the website goes live on your own hosted server, if you decide to use your own hosting solution.

If you decide you want to stop your monthly website payments after 12 months, and have given us your 3 months’ notice, then these are your three options open to you:
1) If you want to keep the site active with DDA but drop level of service to only cover your annual Hosting/SSL & Domain names you can opt to pay for this as a lower monthly payment or as a one-off annual fee if you prefer.
2) You may decide you want to move your website to another provider. You/Your new provider can transfer the website Hosting, SSL, Emails & Domains over to your new hosting provider’s server after your notice period has ended.
3) Lastly, if you no longer require your website to be live, after notice period ends, we can stop all your services including website hosting, SSL, emails and domains and there will be no further payments to be made.

For clients not paying monthly plans for their new website project, that decide they want to stop the Domain Design Agency hosting account, we need 3 months’ notice prior to your hosting renewal date, and you have these 2 options:
1) You may decide you want to move your website to another provider. You/Your new provider can transfer the website hosting, SSL, emails & domains over to your new hosting provider’s server before your notice period has ended.
2) If you no longer require your website to be live, after notice period ends, we can stop all your services including website hosting, SSL, emails and domains, and there will be no further payments to be made.

Domain Names

Every website needs a domain name for it to show to viewers on the internet. We can arrange your new domain name for you and manage it with your emails and hosting. Domains are due annually at the same time as the hosting is due. We can purchase .co.uk (£15 + vat per year) and .com (£25 + vat per year) domains for you as well as other extensions now available. Domain Design Agency can control and manage your domains for you, if you have not bought them direct yourself yet, this ensures you have no worries about any domain name running out by accident etc., to ensure everything always runs smooth for your emails and website. Any domain name or hosting package not held by Domain Design Agency is the full responsibility of the client to keep active and live.

Email Accounts

Domain Design Agency will include the ability for you to set up email address within your hosting package. Domain Design Agency will supply you with the settings you need to connect with your new email accounts (2 emails are included in base hosting plans). If you can’t do it yourself or have no IT in-house that can take care of it for you, then Domain Design Agency can offer to set-up your emails for you remotely. The price for this is £25 + vat per email address you need set-up. Our standard hosting package includes 5 email accounts, and come with 500mb of storage, if you required more accounts or extra storage up to 2GB+ then can advise you on costs, depending on your requirements.

Please be advised that if you need further assistance with IT issues related to your emails and software on your personal machines, it is important to rely on the services provided by your own third-party IT company. They are responsible for setting up your machines and email software according to your specific requirements and can offer local support to help you resolve any non-server-related email problems you may be experiencing, or give you the best advice on what you are wanting to achieve. Our services, however, exclusively cover any issues related to the email server side only that you might encounter, as part of your normal hosting account with us.

Print Work Payment

All print work must be paid in full before delivery. Domain Design Agency requires all invoices for any print work to be cleared in full, before it is due for delivery for all clients.

Product Agreement

Domain Design Agency tries its utmost to provide products/services without any errors. We cannot accept any responsibility for any losses due to product malfunction, the website/design/system or any part of it. Domain Design Agency does not accept liability for any damage caused by negligent use of Domain Design Agency products or services. Domain Design Agency does not accept liability for any damage or loss caused by negligent activity of its third-party suppliers.

Domain Design Agency offers the customer the chance to review the project during the design stages milestones via the use of a prototype design. The customer is allowed up to two revisions of the prototype design unless otherwise stated. Once the customer is in acceptance of the prototype/visual, written verification will be required to confirm that the design is the final approved design, which will be used for the coding next stage. Once this agreement is made non-payment will stand as a repudiatory breach of contract. The customer will also be allowed to review the finished product and suggest minor alterations (textual changes, small image alterations, small colour alterations or alterations that will not take any more than 10% of the scheduled hours planned to produce the product) to the final project. The product will be deemed accepted unless the customer contacts Domain Design Agency within 14 days from the date the product is made available to them.

Domain Design Agency will endeavour to complete a product/service by the date agreed in advance. However, Domain Design Agency cannot be liable for any delays that occur that could not be reasonably foreseeable at the time the work was originally undertaken / or for changes and amendments added by the client that result in the project taking longer than planned to complete, due to any increase in scope of work for the project.

Domain Design Agency will not be held liable for any costs, loss of earnings, compensation if a deadline is not met.

Domain Design Agency will not be held responsible for any alterations made post hand over of the project to the customer/client.

Content and images needed to begin work will be agreed at least 7 days prior to the work commencement date or by an agreed date if expressively agreed by both parties via email or in writing to us. If discussions begin less than 7 days prior to the work commencement date, then the content and images will be required 7 days from that point or by an agreed date if expressively agreed by both parties via email or in writing. You must have the rights to any text or images for content supplied to Domain Design Agency for reproduction in any design or website work. Domain Design Agency cannot be held accountable for reproducing copyright protected work that has been supplied to us by a client.

Domain Design Agency requires all agreed content and images from the customer prior to the work commencement date or by the date agreed. Failure to do so will incur an extra cost of £25 + vat per day unless expressively agreed by both parties via email or in writing and before the commencement of any work.

Termination

If after 24 weeks, we are still not completed on the project due to lack of content/feedback/approval from client on the project, then the work will be terminated at that stage. With any project payment then being issued and due. If client wishes to take up the void project again at a later stage, the work will be re-priced as a new job at that stage to finish the project.

Termination requests will be accepted if received in writing with the customer’s signature. No other requests other than in writing with the customers signature will be accepted. The customer will be invoiced for services up until the date the termination request was received.

If you no longer require Domain Design Agency hosting services for your website system, there is a fee of £125 + vat to supply all website files and database to your new supplier, and transfer over any domain(s) that are on your account to your new provider. Your new service provider will deal all emails on your behalf.

If Domain Design Agency is required to re-open an account that has been closed for any non-payment reason, there will be a re-set up fee to activate the account again on our systems. The fee for this is £150 + vat to re-activate any expired hosting account that is still on file with Domain Design Agency. Any other payments for Hosting/SSL/Domains/Emails will still be invoiced separate from this fee.

Domain Design Agency will keep all expired hosting accounts on server for no more than three months after non-payment, or from a client moving their services away to another service provider. After this period has past, all files and full account will be deleted from the Domain Design Agency servers. With any domain names on your account not being renewed.

Copyright

All other marks that appear throughout the Products and Services belong to Domain Design Agency or the respective owners of such marks, and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Domain Design Agency or the owner of the mark, as appropriate, is strictly prohibited.

Domain Design Agency owns the copyright of any php, java, scripts, .cgi applications or software written by Domain Design Agency. These cannot be commercially reproduced or resold to anyone else.

Domain Design Agency reserves the copyright rights of all website and graphic designs created, unless any prior written agreement has been put in place.

Intellectual Property Infringement Claims:

It is the policy of Domain Design Agency to respond expeditiously to claims of intellectual property infringement. Domain Design Agency will promptly process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws. Upon receipt of notices of infringement Domain Design Agency will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing, on any website or system we create.

Design Credit

A discreet link to Domain Design Agency will appear at the bottom of the page of the website.