Terms & Conditions

These Terms and Conditions govern the supply of services by Domain Design Agency Ltd ("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.

These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland, and any disputes shall be subject to the exclusive jurisdiction of the Scottish courts.

Initial Specification & Project Scope

All quotations and project costs are based on the agreed initial specification, project scope and requirements provided by the client at the time of quotation. Any additional work, amendments or changes requested outside the agreed scope may be subject to additional charges unless otherwise agreed in writing.

Throughout the project there will be agreed review and approval stages. Once a milestone, design, layout, specification or other deliverable has been approved by the client, any subsequent changes requested to previously approved work may incur additional charges to cover the time required to revise, redesign or redevelop the approved work.

Standard Payment Terms

Unless otherwise agreed in writing, our standard payment terms for website design and development projects are a 50% deposit prior to commencement of work, 25% upon approval of the agreed design or visual stage, and the remaining 25% upon project completion and prior to the website or project going live.

All invoices are due upon receipt unless alternative payment terms have been agreed in writing. Payments should quote the relevant invoice number and may be made using the payment methods advised on the invoice or by any other payment method accepted by Domain Design Agency.

Monthly payment plans, website finance agreements and other recurring services must be paid by Direct Debit unless otherwise agreed in writing. Minimum agreement periods and notice requirements applicable to individual services are detailed within the relevant service agreement or quotation.

Where services are supplied under a monthly payment agreement, finance agreement or recurring service, cancellation terms applicable to that service shall apply. Website finance agreements, hosting services and ongoing service retainers may have minimum terms and notice periods, whereas SEO and Google Ads management services may be cancelled in accordance with the agreed service terms.

Late Payment

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 where applicable. We also reserve the right to suspend work, hosting, support or other services until outstanding balances have been paid in full.

Any costs reasonably incurred in recovering outstanding debts, including legal fees, debt collection charges, bank charges or Direct Debit failure charges, may be added to the client's account where permitted by law.

Ongoing Service Retainers

Domain Design Agency offers ongoing monthly service retainers for selected services, including but not limited to website development, technical support, consultancy, digital marketing, creative services and business growth support. The scope of each retainer, including the services provided, allocated hours and monthly fees, will be detailed within the relevant quotation, proposal or service agreement.

Unless otherwise agreed in writing, any allocated monthly retainer hours must be used within the applicable billing period and cannot be carried forward, accumulated or exchanged for a refund or credit against future invoices.

Where work requested exceeds the monthly retainer allocation, additional work may be carried out subject to availability and will be charged at our current standard hourly rate unless an alternative agreement has been made in writing.

Retainer agreements are intended to provide ongoing access to Domain Design Agency's services and resources and do not guarantee unlimited support, availability or priority unless expressly stated within the applicable service agreement.

Unless otherwise agreed in writing, ongoing service retainers are subject to an initial minimum term specified within the relevant quotation or agreement and will continue thereafter on a rolling basis until terminated by either party in accordance with the applicable notice period.

Domain Design Agency reserves the right to review and amend retainer fees from time to time. Clients will be provided with reasonable written notice of any pricing changes before they take effect.

Project Timescales & Client Responsibilities

Estimated project timescales will be discussed and agreed before work commences. Delivery dates provided by Domain Design Agency are estimates only and may vary depending on the complexity of the project, client response times, the timely supply of required materials, third-party services or circumstances beyond our reasonable control.

To help us deliver your project within the estimated timescale, the client agrees to provide all requested content, information, approvals, images, branding, product details and any other required materials promptly. Delays in providing these items may result in revised project timescales and additional costs where significant redevelopment or rescheduling of studio resources is required.

Where a project is delayed primarily due to the client failing to provide required information, approvals or materials within a reasonable period, Domain Design Agency reserves the right to invoice any outstanding project balance for work completed to date and to place the project on hold until the required information has been received.

Once all required materials have been received, projects will proceed through the agreed development process, which may include project planning, content preparation, design, development, testing, client review, training where applicable, search engine optimisation, final approval and website launch.

Should a project remain inactive due to client delay for an extended period, the project may be subject to the inactivity provisions contained within these Terms and Conditions.

Project Inactivity

Where a project is delayed due to the client failing to provide required information, content, approvals or other materials, Domain Design Agency will make reasonable attempts to obtain the outstanding information and progress the project.

If a project remains inactive for a period of 24 weeks or more due primarily to client delay, the project will be deemed closed. Any outstanding project balance shall become immediately due where not already invoiced, and Domain Design Agency shall have no obligation to continue work under the original quotation.

Should the client wish to resume the project after it has been deemed closed, the project will be treated as a new project. A revised quotation may be issued to reflect current pricing, technology, project requirements and studio availability before any further work is undertaken.

Organic SEO & Google Ads Management

Domain Design Agency provides search engine optimisation (SEO) and Google Ads management services tailored to the individual requirements of each client. Every business, industry and market is different, and the level of work required will vary depending on factors including competition, location, website condition, objectives and agreed campaign scope.

Whilst we always aim to achieve the best possible results, no reputable agency can guarantee specific search engine rankings, traffic levels, enquiries or return on investment. Organic SEO is a long-term marketing strategy and meaningful results typically develop over several months. Google Ads campaigns also require ongoing monitoring, testing and optimisation to maximise performance and return on advertising spend.

Before commencing any SEO or Google Ads campaign, we will discuss your objectives, budget and expectations to develop a strategy appropriate for your business. Recommendations may change over time as campaign performance, market conditions and search engine algorithms evolve.

Where Domain Design Agency manages Google Ads campaigns on your behalf, our management fees are separate from your advertising budget. All advertising costs payable to Google are paid directly by the client to Google through their own Google Ads account. Domain Design Agency does not receive any commission or percentage of your advertising spend unless expressly agreed in writing.

Website Maintenance

Domain Design Agency provides a 90-day warranty from the date a website or project goes live. During this period, we will correct any faults or bugs directly relating to the original development of the website or project at no additional cost.

This warranty does not cover new features, enhancements, changes requested by the client, issues arising from third-party software or plugins, changes made by the client or third parties, or compatibility issues resulting from software, browser or platform updates released after the project has gone live.

Following the expiry of the 90-day warranty period, clients may choose one of our website maintenance plans to help keep their website secure, updated and operating efficiently. Where no maintenance agreement is in place, any additional support, updates, investigations or development work will be chargeable at our current standard hourly rate.

Website backups, software updates, security monitoring and ongoing maintenance are only guaranteed where these services form part of an active maintenance agreement or managed hosting package. Whilst Domain Design Agency follows industry best practice, clients are encouraged to retain their own independent backups of important website content and data.

Browser Compatibility

Domain Design Agency develops websites and web applications using current industry standards and best practices. Unless otherwise agreed in writing, we aim to ensure compatibility with the current and previous major versions of the latest mainstream web browsers, including Google Chrome, Microsoft Edge, Mozilla Firefox and Apple Safari.

Our websites are developed using responsive design techniques to provide an optimal viewing experience across desktop computers, tablets and modern mobile devices. Whilst every effort is made to ensure a consistent user experience, minor differences in appearance or functionality may occur between browsers, operating systems and devices due to differences outside our control.

Domain Design Agency does not guarantee compatibility with obsolete browsers, unsupported operating systems, beta software, browser extensions, third-party modifications or devices that no longer receive manufacturer support.

Security & Protection

Domain Design Agency develops websites and systems using current industry best practices and recognised security standards. However, the ongoing security of any website, application or online system also depends upon the client's own security procedures and the secure use of third-party services.

Clients are responsible for maintaining secure passwords, protecting user accounts, keeping devices and software up to date, using appropriate anti-virus and security software where applicable, and ensuring that login credentials are not shared with unauthorised persons. We strongly recommend the use of multi-factor authentication (MFA) wherever it is available.

Domain Design Agency shall not be liable for any security breach, data loss, unauthorised access or system compromise resulting from weak passwords, phishing attacks, compromised devices, insecure networks, client negligence, third-party software vulnerabilities or circumstances beyond our reasonable control.

Where a website or system requires investigation, recovery or repair following a security incident not caused by Domain Design Agency, any remedial work may be chargeable at our current standard hourly rate unless covered by an active maintenance agreement or managed hosting service.

Training

Where training forms part of the agreed project, Domain Design Agency will provide appropriate training to enable the client to use their new website or system. Training may be delivered remotely, online or in person, depending on the nature and complexity of the project and as agreed during the project.

Where appropriate, Domain Design Agency may record training sessions or provide training videos and written guidance for future reference. Training materials are supplied solely for the client's internal use and must not be reproduced, distributed or used for commercial purposes without our prior written consent.

Any additional training requested after the initial project has been completed, including refresher training, training for new members of staff or training relating to new functionality introduced after project completion, may be chargeable at our current standard hourly rate unless otherwise included within an ongoing support or maintenance agreement.

Hosting & Infrastructure Services

Domain Design Agency provides a range of professional hosting and infrastructure solutions for brochure websites, content management systems (CMS), e-commerce websites, bespoke web applications and business systems. Hosting services are tailored to the individual requirements of each client and may include shared hosting, managed hosting, virtual private servers (VPS), dedicated servers, cloud infrastructure or bespoke hosting environments.

Hosting charges are payable in accordance with the relevant quotation, hosting agreement or renewal invoice. Unless otherwise agreed in writing, hosting services will automatically renew on each renewal date to ensure continuity of service. It is the client's responsibility to ensure all hosting invoices are paid by the due date to avoid interruption or suspension of services.

Where hosting is supplied by Domain Design Agency, we will use reasonable endeavours to provide a secure, reliable and professionally managed hosting environment. Whilst we work with reputable infrastructure providers and aim to maintain high levels of service availability, uninterrupted service cannot be guaranteed and Domain Design Agency shall not be liable for temporary outages, scheduled maintenance, infrastructure failures or other events beyond our reasonable control.

All hosting services are supplied subject to reasonable and fair usage. Where a website, application or business system consistently exceeds the resources included within the agreed hosting package, we reserve the right to recommend or require an upgrade to a more suitable hosting solution.

Domain Design Agency reserves the right to suspend or restrict hosting services where reasonably necessary to protect the security, stability or integrity of its infrastructure, to comply with legal obligations, or where a hosted website or system is being used for unlawful purposes, malicious activity, excessive resource consumption or in breach of these Terms and Conditions.

Where a project is developed on Domain Design Agency's development servers prior to launch, temporary development hosting may be provided for the duration of the build process. Development hosting is intended solely for website development, testing and client approval and does not constitute live production hosting.

Dedicated Server & Managed Infrastructure

Where Domain Design Agency provides a dedicated server, virtual private server (VPS), cloud infrastructure or other bespoke managed hosting environment, the specification, management level, support services and included resources will be defined within the individual quotation, proposal or hosting agreement.

Unless otherwise agreed in writing, Domain Design Agency will be responsible for the management of the underlying server infrastructure, including operating system updates, security patching, server monitoring and general server maintenance appropriate to the managed hosting service purchased.

The client remains responsible for the operation, legality, security and content of their own website, applications, databases, email accounts and any software, scripts or third-party services installed unless these services have been specifically agreed as part of an active managed support agreement.

Dedicated servers, VPS platforms and bespoke hosting environments are allocated exclusively for the client's use and are provided in accordance with the agreed specification. Where additional processing power, storage, memory, bandwidth or other infrastructure resources are required beyond the agreed specification, Domain Design Agency reserves the right to recommend or implement an upgraded hosting solution, subject to the client's approval where additional charges apply.

Domain Design Agency will use reasonable endeavours to maintain the security, availability and performance of managed server environments. However, uninterrupted availability cannot be guaranteed and we shall not be liable for interruptions caused by scheduled maintenance, failures of third-party infrastructure providers, internet connectivity issues, cyber attacks, distributed denial of service (DDoS) attacks, force majeure events or circumstances beyond our reasonable control.

Where disaster recovery, off-site backups, enhanced monitoring, firewall management, failover systems, load balancing or other enterprise hosting services are supplied, these services shall only be included where specifically stated within the applicable quotation or hosting agreement.

Where email hosting forms part of a hosting package, mailbox storage limits, retention periods and any fair usage limits will be determined by the hosting package selected. Domain Design Agency reserves the right to require clients to upgrade their hosting or email service where usage consistently exceeds the allocated resources.

Clients choosing to use third-party hosting providers remain responsible for ensuring that their hosting environment is suitable for the website or application being deployed. Any additional work required to install, migrate, configure, troubleshoot or support websites on third-party hosting platforms may be chargeable at our current standard hourly rate. Domain Design Agency cannot accept responsibility for the performance, availability, security or configuration of hosting services provided by third parties.

Clients wishing to transfer their website or hosting services away from Domain Design Agency should provide at least three months' written notice prior to the hosting renewal date unless an alternative notice period has been agreed in writing. Following expiry of the applicable notice period and settlement of all outstanding balances, Domain Design Agency will provide reasonable assistance to facilitate the migration of hosting services where required. Any migration, export or transfer work outside the scope of the hosting agreement may incur additional charges.

Domain Design Agency reserves the right to retain website backups and server data for a reasonable period following termination of hosting services for disaster recovery, legal compliance and internal administrative purposes, after which such data may be permanently deleted in accordance with our data retention policies.

Domain Names

Domain Design Agency can register, renew, transfer and manage domain names on behalf of clients where requested. Domain registration and renewal fees are payable in accordance with the relevant quotation, renewal invoice or service agreement and may vary depending on the domain extension, registry fees and market pricing.

Where Domain Design Agency manages a domain name on behalf of a client, we will use reasonable endeavours to ensure that renewal notices are issued and that the domain remains registered, provided all renewal invoices are paid by the due date. Failure to make payment may result in the domain name expiring, being suspended or becoming available for registration by third parties.

Where a client registers or manages a domain name through a third-party registrar, the client remains solely responsible for the registration, renewal, security, DNS configuration and ongoing management of that domain. Domain Design Agency accepts no responsibility for any interruption of services, website downtime, email disruption or loss of a domain name resulting from third-party domain management or failure to renew a domain registration.

Clients requesting the transfer of a domain name to or from Domain Design Agency may incur administration or technical charges where work is required beyond the standard transfer process.

Domain name registrations are subject to the terms and conditions of the relevant domain registry and registrar. Domain Design Agency cannot guarantee the availability of any particular domain name until registration has been successfully completed.

Email Accounts

Where email hosting forms part of a hosting package supplied by Domain Design Agency, clients may create and use email accounts in accordance with the limits and resources included within their selected hosting package. Mailbox limits, storage capacity and available features will vary depending on the hosting solution purchased.

Domain Design Agency will provide the connection settings and server information required to configure supported email accounts. Where requested, we may also provide email account setup and migration services, which may be chargeable unless included within an active support, maintenance or managed hosting agreement.

Domain Design Agency's responsibility extends only to the operation of the email hosting service and server infrastructure that we provide. Clients remain responsible for the configuration, operation and ongoing maintenance of their own computers, mobile devices, email software, networks and third-party IT systems. We cannot accept responsibility for issues arising from local device configuration, third-party software, internet connectivity or equipment not supplied or managed by Domain Design Agency.

Where email hosting is provided by a third-party provider, including but not limited to Microsoft 365, Google Workspace or other hosted email platforms, Domain Design Agency's responsibilities shall be limited to the services specifically agreed within the applicable quotation or support agreement.

Domain Design Agency reserves the right to suspend or restrict email services where necessary to protect the security, integrity or reputation of its infrastructure, including where email accounts are compromised, used for spam, malicious activity or otherwise breach these Terms and Conditions.

Print Work Payment

All print work must be paid for in full prior to production or delivery unless otherwise agreed in writing. Domain Design Agency reserves the right to withhold the release, delivery or collection of any printed materials until all outstanding invoices relating to the order have been paid in full.

Once print work has been approved by the client and submitted to production, the order may not be cancelled or amended where production has commenced or costs have already been incurred. Any cancellation or amendment requested after approval may be subject to additional charges.

Product & Service Agreement

Domain Design Agency will provide all products and services with reasonable skill, care and professional diligence. Whilst every effort is made to ensure that all work is delivered to a high standard, no software, website, system or digital service can be guaranteed to be completely free from errors or interruptions. Except where required by law, Domain Design Agency shall not be liable for any indirect or consequential loss, loss of profits, loss of business, loss of data or other financial loss arising from the use of any product or service supplied.

During the design and development process, clients will be provided with appropriate opportunities to review and approve project milestones. Unless otherwise agreed in writing, quotations include up to two reasonable rounds of revisions during the design stage. Once a design, specification, layout or other project milestone has been approved by the client, any subsequent changes requested to previously approved work may incur additional charges.

Following completion of the project, the client will have the opportunity to review the final deliverables and notify Domain Design Agency of any defects or issues relating to the agreed specification. Minor amendments may be carried out where appropriate. Unless the client notifies us otherwise within seven days of the completed work being made available, the project shall be deemed accepted.

Any delivery dates or project timescales provided by Domain Design Agency are estimates only. Whilst we will use reasonable endeavours to meet agreed timescales, we shall not be liable for delays caused by changes in project scope, delays in receiving client content or approvals, third-party suppliers, force majeure events or other circumstances beyond our reasonable control.

Following completion and handover of any website, system or other deliverable, Domain Design Agency shall not be responsible for any alterations, modifications, software installations, configuration changes or other work carried out by the client or any third party.

The client warrants that all text, images, logos, videos, trademarks and other materials supplied to Domain Design Agency are owned by the client or that the client has obtained all necessary rights, permissions and licences to authorise their use. The client agrees to indemnify Domain Design Agency against any claims, losses, damages or expenses arising from materials supplied by the client.

Where the client is responsible for supplying content, information or other project materials, these should be provided within the agreed project timescales. Delays in providing required materials may result in revised delivery dates, additional charges or project suspension in accordance with these Terms and Conditions.

Termination

Either party may terminate an ongoing service agreement by giving notice in accordance with the applicable quotation, service agreement or these Terms and Conditions. Any termination request by the client should be submitted in writing by an authorised representative of the client.

Termination of any agreement shall not affect the client's obligation to pay for all work completed, services provided or costs reasonably incurred up to the effective date of termination. Any outstanding invoices shall become immediately due and payable upon termination unless otherwise agreed in writing.

Where hosting, domain names, email services or other recurring services are terminated, any applicable notice periods contained within the relevant service agreement shall apply. Domain Design Agency will provide reasonable assistance with the migration of services following settlement of all outstanding balances. Any migration, export, configuration, restoration or other technical work outside the scope of the applicable service agreement may incur additional charges at our current standard hourly rate.

Should a hosting account be suspended or terminated due to non-payment, Domain Design Agency may retain the associated website files, databases and backups for a reasonable period before permanent deletion in accordance with our data retention policies. Following permanent deletion, Domain Design Agency cannot guarantee that any data will be recoverable.

Where a client requests the reinstatement of services following suspension or termination, reinstatement will be subject to the availability of the required data, settlement of all outstanding balances and payment of any reasonable administration or technical charges applicable at that time.

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. This excludes any proprietary software, source code, 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 all text, images, logos, videos, trademarks and other materials supplied to Domain Design Agency are owned by the client or that the client has obtained all necessary rights, permissions and licences for their use. 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, methodologies or other intellectual property may be copied, reproduced, modified, reverse engineered, distributed, licensed or resold without our prior written consent.

Where Domain Design Agency receives a valid notice alleging infringement of copyright, trade mark or other intellectual property rights relating to materials hosted, published or managed by us on behalf of a client, we reserve the right to investigate the matter and, where appropriate, remove, disable or restrict access to the relevant content until the matter has been resolved.

Design Credit

Unless otherwise agreed in writing, Domain Design Agency reserves the right to include a discreet design credit or hyperlink within the footer of any website or digital product developed by us. Where a client requests that this credit be removed, Domain Design Agency may agree to do so at its sole discretion.