Terms and Conditions of Sale - Lomond Digital Marketing Agency

Terms & Conditions

When placing an order online with LOMOND DIGITAL MARKETING AGENCY (LDMA) you agree to and are bound to the terms and conditions outlined below (Subscription and Project Services). LDMA reserve the right to amend these terms and conditions at any time. We do not currently charge VAT on any of our services.

Definitions

The Customer – A company or individual requesting the services of LDMA.

The Company – LDMA & its employees or partners.

General

The Company will carry out work only where an agreement is provided by online transaction, email, telephone or mail. An ‘order’ is deemed to be an electronic, written or verbal agreement between The Company and The Customer; this includes online, telephone and email agreements.

Subscription Services

Domain Names

Any new domain names registered will be under the ownership and control of The Company. The customer can request ownership and transfer of domains free of charge. This can be done anytime.

All domain renewals are included in your pay monthly package unless agreed otherwise.

The Company take no liability for any loss of profit for website downtime caused by expiration of domain names or other technical faults caused by any third party or domain registrar.

Hosting

Whilst The Company provides a hosting service, no guarantees can be made as to the availability or interruption of this service. The Company cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The Company will make every endeavour to correct an issue as soon as it arises and within a reasonable time. For example, if one of The Company servers has been unavailable for more than 48 hours, The Company will move affected sites to a new server. The Company reserve the right to refuse to handle in any way material that may be deemed offensive, illegal or in any way controversial, and will terminate the hosting service should the necessity arise.

Email Accounts

Any new domain email addresses registered will be under the ownership and control of The Company.

All email renewals are included in your pay monthly package unless agreed otherwise.

The Company take no liability for any loss of profit for email downtime caused by expiration of domain names or other technical faults caused by any third party or email service provider.

Social Media Accounts

Any new social media accounts registered will be under the control of The Company. The customer can request control of social media accounts at any time. For the benefit and ease of delivering our services we recommend The Company manage these accounts. Each social media account will be identified by your domain email address which is managed by The Company. The customer can access the social media accounts at any time.

All social media accounts managed are included in your pay monthly package unless agreed otherwise.

The Company take no liability for any loss of profit or social platform downtime caused by expiration of social media accounts or other technical faults caused by any third party or social platform operator.

Social Media Management

The Company only use ethical social media management techniques and take no responsibility for loss of traffic followers, subscribers or rankings associated with third party social media management companies or software.

While it is accepted that the methodology applied by The Company is an effective one, The Company does not hold any control over social media rankings and placements. Therefore cannot guarantee any specific results. Furthermore The Company cannot dictate or predict changes in social media platform practices that may cause loss of positioning.

Search Engine Optimisation

Due to external factors, such as changes to the way search engines rank websites, The Company cannot offer any guarantees regarding the position The Customer’s website will achieve. The process of optimising websites itself will generate more traffic and increase visits to The Customer’s site naturally. The Company cannot accept liability for any change in rankings, or drop off in the position of The Customer’s website due to changes in the algorithms of the search engines or the factors that they use to rank websites. The Company uses ethical techniques when optimising websites and always aim to achieve high rankings for The Customer’s website within six months of undertaking the optimisation process. The Company reserve the right to refuse to promote in any way material that may be deemed offensive, illegal or in any way controversial.

Creative Content

The Company only use ethical creative content techniques and take no responsibility for loss of traffic followers, subscribers or rankings associated with third party companies or software.

While it is accepted that the methodology applied by The Company is an effective one, The Company does not hold any control over social media or search rankings and placements. Therefore cannot guarantee any specific results. Furthermore The Company cannot dictate or predict changes in social media or search platform practices that may cause loss of positioning.

Copyright and Ownership

All design and IPR, including all website designs and visuals, shall remain the property of The Company until paid for by the Customer in full. Upon receipt of full payment, The Company shall transfer ownership of the website design and IPR over to the Customer as soon as reasonably practicable. The Company reserves the right to use any HTML code, ASP code, XML code, PHP code, ActionScript, database coding and JavaScript in any future projects. The Company cannot take responsibility for any copyright infringements caused by materials submitted by The Customer. The Company reserve the right to refuse any copyrighted material unless the copyright owner gives permission in writing.

Supply of Materials

The Customer agrees to make available as soon as is reasonable to The Company all materials required for completing the work to the agreed standard and within the set deadline. The Company will not be liable for costs incurred, compensation or loss of earnings due to The Customer’s failure to meet agreed deadlines.

Acceptance Testing

Once The Company has completed the work outlined in the proposal The Customer is expected to fully test any development and/or design work before it is set live. The Customer is required to have fully tested the systems and content within twenty (20) working days of acceptance testing notification. Where errors or other issues are found before the site is live, The Company will endeavour to correct these issues within twenty (20) days, to meet the Project Proposal. If acceptance testing is not carried out within twenty (20) days the project will be invoiced for the remaining amount.

Accessibility

All work carried out by The Company for The Customer that is used for public consumption will comply with UK and Irish accessibility legislation.

Compatibility

The Company will endeavour to ensure that any development work will function correctly on the server it is initially installed on and in addition that it will function correctly when viewed with the latest versions of the web browsing software: Mozilla Firefox, Google Chrome and Internet Explorer. The Company can offer no guarantees of correct functionality with all browser software not mentioned above, unless stated within the project proposal. Any changes required due to a browser version being updated once are chargeable.

The Company may provide additional functionality in newer browsers that isn’t supported in older browsers. This is designed as functionality that adds to the user experience, and The Company cannot be held responsible for malfunctioning websites that relies on functionality that is specific to newer browser versions.

Mobile Functionality

The Company will endeavour to provide a correctly functioning website on the latest versions of iOS and on Android devices running Android through the Chrome Browser, to a minimum screen size of 320px wide.

All mobile enabled sites may have stripped down functionality when viewed on these devices.

Use of Work

The Company reserves the right to use, advertise, or link to any work created by The Company for The Customer in magazines, newspapers, blog posts, case studies or any other medium that they choose to.

Furthermore, The Company reserves the right to place a link back to their own site in the footer of The Customer website and/or a page containing information about The Company. Both of these remain the property of The Company and The Customer in no way shall remove, edit or alter the appearance or content of these on their website.

Delivery

All new pay monthly accounts require a debit/credit card subscription payment to be setup prior to work commencing. As soon as we have confirmation of setup we commence work. Payment card subscriptions are taken immediately and will notify The Company that a transaction has occurred. The Company can then begin work at the earliest moment.

The Company will require for you to supply image, video, design and textual content to be added to your digital marketing project. The Company can supply stock content free of charge. The amount of stock content provided by The Company is limited at our discretion. The Company can also supply additional content that may incur costs. We will always request your permission before using any additional cost content. If you do require additional cost content we will bill you accordingly on your next billing cycle. All text, images, videos or audio submitted must be free of copyright and The Company accepts no responsibility for any infringement of copyright law arising from any text, video or images used on your site. We can also supply professional copy writing, graphic design, creative content and digital marketing strategy at an additional cost.

Expected completion time frame on most websites is around 5-10 days however if content is not provided this may delay completion. Expected completion timeframe for all other digital marketing services are dependent on the customer providing feedback, content and acceptance of the project. Creative content projects are normally delivered within 3-5 days. Social media management projects are ongoing and are delivered accordingly. Strategy projects are normally delivered between 1-6 weeks dependent on the level of service chosen by the customer.

The Company reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial.

The Company do not sell physical products. Digital services are begun at the time of purchase. The Company will electronically deliver all projects upon receipt of final invoices.

On-Going Service

Hosting, technical maintenance, email accounts, software updates and all general upkeep services shall be provided by The Company as standard and be included as part of the pay monthly fee.

The Company will take extensive measures to ensure that the customer does not experience any disruption of service. We cannot accept liability for disruption of service caused by factors that lie outside of our control.

Digital amendments such as changes to pages, additional template pages, posts, plugin settings, content, text, images and contact information shall be included as part of each package as stated in the package description. These inclusive amendments are subject to fair usage. If for whatever reason the customer’s use of this clause is excessive then The Company has the right to evaluate the Customers spend and amend the amount on their next billing cycle. Requests that fall outside of what is considered to be a basic amend, such as major design/re-design, feature development, major layout changes, re-branding or additional functionality will be treated as a bespoke auxiliary service and will be quoted and billed as such.

In the event that a digital platform (eg. website, social pages, blog, app) fault occurs as the result of amendments made by the customer, a request may be made to The Company to rectify the fault and will be quoted and billed based upon our standard agency fees.

Subscription Duration

All website accounts are agreed on a 12 month period, at the end of this period a renewal for the following 12 months will be requested by The Company to The Customer. There is no fixed term however, to maintain stability and success of The Customer website a minimum period of 12 months is recommended.

Social media management accounts shall be placed on a rolling monthly agreement. There is no fixed term.

Creative content accounts shall be placed on a rolling monthly agreement. There is no fixed term.

SEO accounts shall be placed on a rolling monthly agreement. There is no fixed term.

Non-Communication

If The Company is unable to communicate with The Customer for a duration of at least sixty days (60) by phone or email all services will be cancelled without notice and no refund will be issued. The Company may also invoice The Customer any remaining sum for the subscription service.

Termination of Services

If The Customer requires to terminate the subscription during the course of any work The Customer will be responsible for that month’s subscription payment. In order to protect Customers from unintentional service interruption, Customers wishing to terminate any services must request the service termination in writing or email simon@ldma.co.uk and then confirm the termination by phone.

Charges & Payments

Payments to The Company for provision of services will be processed by PayPal either as a one off payment or as a monthly subscription. Alternative payment methods are accepted at the sole discretion of The Company and may incur additional processing or administrative fees.

Payment Terms

It is The Company’s policy that any monthly subscription services carried out by The Company or its affiliates are required to be paid in monthly installments with the first monthly installment being paid on the date of the order/invoice unless by prior arrangement with The Company.

Late Payment

Without prejudice to any other right or remedy that The Company may have, if the Customer fails to pay The Company on the due date The Company may:

Suspend all services until payment has been made in full.

If the customer’s account remains in debt for two consecutive months then a £50 late payment fee will be added to the customer’s outstanding balance.

If your subscription payment fails or payment is not received within 90 days your account will be terminated unless you have notified us of any issues and we have agreed otherwise.

Account termination will result in the complete termination of all digital content relating to The Customer. Your website, social media accounts and any other digital accounts will be held on our systems for a further 3 months if you decide to renew your service in the near future.

Refund Policy

If you are unhappy with any of services you are free to cancel at any time, if you cancel within the first 14 days of sign up you are entitled to a full refund of your first months’ payment, upon request, emailed to simon@ldma.co.uk.

Governing Law

This agreement will be governed exclusively by the laws of the United Kingdom.

Liability of Work

Whilst The Company makes every endeavour to ensure that The Customer’s project is free of errors, The Company cannot accept responsibility for any losses arising due to malfunction of the work carried out or any part of it. The Company will not be liable for any losses arising out of a Force Majeure Event. Any additions to proposals provided will be carried out at the discretion of The Company and where no charge is made by The Company for such additions, The Company accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The Company will not be liable or become involved in any disputes between The Customer and their Customers and cannot be held responsible for any wrongdoing on the part of The Customer. For example, disputes regarding content or images that have been provided to The Company for inclusion on the site. The Company will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of The Customer or any of The Customer’s appointed agents. The Company will not be liable for any costs incurred; compensation or loss of earnings due to the unavailability of The Customer’s website, email, The Company’s servers, software or any material provided by The Company’s hosting provider and data centre.

Warranty

After The Customer has accepted the work there is a 14 day warranty period on all development and design work. This excludes Search Engine Promotion and Pay Per Click advertising.

Third Party Vendors

Third party vendors may have separate terms of service agreements. The Company cannot be held liable for disputes with third party vendors. The Company cannot be held responsible for lack of functionality or any other aspect of third party services.

Privacy

The Company do not share or sell any of The Customer’s details with any third party companies without The Customer’s express permission and The Company will only email The Customer or contact The Customer about related work or to provide updates and offers relating to The Company. Please read our privacy policy for further information.

Complaints Procedure

Informal Procedure

If The Customer experiences a problem with the service provided by The Company the matter should be raised directly via email to simon@ldma.co.uk giving sufficient information to locate the material (such as a URL) and clearly outlining the grounds for complaint.

Formal Complaints Procedure

The formal complaints procedure should only be used where The Customer feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to The Company, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

LOMOND DIGITAL MARKETING LTD, 4/23 Stirling Road, Glasgow, G63 0BW.

An initial response to any complaint can be expected within three (3) working days of its receipt; a full and considered response to the complaint should be completed within thirty (30) days and any subsequent remedy implemented with the minimum of delay.

If The Customer is unhappy about the response from their complaint, in the case of domain issues, please email The Company back and ask for us to escalate the issue to the relevant person.

Domain Abuse

In the case of Domain Abuse, please contact simon@ldma.co.uk with full details about the issue.

Refusal of Service

The Company reserves the right to decline to do business with The Customer for any reason.

Changes to Terms of Service

The Company reserves the right to change these terms of service at any time for any reason. The Customer will be notified of any change.

For all project services you agree to be bound by the following terms and conditions of sale.

Project Services

Quotes & Agreements

Quotes provided to The Customer will be honoured for twenty (20) days. A new quote will then be provided upon request. Agreements that have been written, but not signed by The Customer will only be accepted within twenty (20) days of the delivery date. A new agreement may be drawn up upon request.

Domain Names

Any new domain names registered will be under the ownership and control of The Company. The customer can request ownership and transfer of domains free of charge. This can be done anytime.

All domain renewals will be requested in 12 months from the time of order unless agreed otherwise.

The Company take no liability for any loss of profit for website downtime caused by expiration of domain names or other technical faults caused by any third party or domain registrar.

Hosting

Whilst The Company provides a hosting service, no guarantees can be made as to the availability or interruption of this service. The Company cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The Company will make every endeavour to correct an issue as soon as it arises and within a reasonable time. For example, if one of The Company servers has been unavailable for more than 48 hours, The Company will move affected sites to a new server. The Company reserve the right to refuse to handle in any way material that may be deemed offensive, illegal or in any way controversial, and will terminate the hosting service should the necessity arise.

All hosting renewals will be requested in 12 months from the time of order unless agreed otherwise.

Email Accounts

Any new domain email addresses registered will be under the ownership and control of The Company.

All email renewals are included in your annual domain and hosting payment unless agreed otherwise.

The Company take no liability for any loss of profit for email downtime caused by expiration of domain names or other technical faults caused by any third party or email service provider.

Social Media Accounts

Any new social media accounts registered will be under the control of The Company. The customer can request control of social media accounts at any time. For the benefit and ease of delivering our services we recommend The Company manage these accounts. Each social media account will be identified by your domain email address which is managed by The Company. The customer can access the social media accounts at any time.

The Company take no liability for any loss of profit or social platform downtime caused by expiration of social media accounts or other technical faults caused by any third party or social platform operator.

Once The Company has completed the work outlined in the proposal The Customer is expected to fully test any development and/or design work before it is set live. The Customer is required to have fully tested the systems and content within twenty (20) working days of acceptance testing notification. Where errors or other issues are found before the site is live, The Company will endeavour to correct these issues within twenty (20) days, to meet the Project Proposal. If acceptance testing is not carried out within twenty (20) days the project will be invoiced for the remaining amount.

Accessibility

All work carried out by The Company for The Customer that is used for public consumption will comply with UK and Irish accessibility legislation.

Compatibility

The Company will endeavour to ensure that any development work will function correctly on the server it is initially installed on and in addition that it will function correctly when viewed with the latest versions of the web browsing software: Mozilla Firefox, Google Chrome and Internet Explorer. The Company can offer no guarantees of correct functionality with all browser software not mentioned above, unless stated within the project proposal. Any changes required due to a browser version being updated once are chargeable.

The Company may provide additional functionality in newer browsers that isn’t supported in older browsers. This is designed as functionality that adds to the user experience, and The Company cannot be held responsible for malfunctioning websites that relies on functionality that is specific to newer browser versions.

Mobile Functionality

The Company will endeavour to provide a correctly functioning website on the latest versions of iOS and on Android devices running Android through the Chrome Browser, to a minimum screen size of 320px wide.

All mobile enabled sites may have stripped down functionality when viewed on these devices.

Use of Work

The Company reserves the right to use, advertise, or link to any work created by The Company for The Customer in magazines, newspapers, blog posts, case studies or any other medium that they choose to.

Furthermore, The Company reserves the right to place a link back to their own site in the footer of The Customer website and/or a page containing information about The Company. Both of these remain the property of The Company and The Customer in no way shall remove, edit or alter the appearance or content of these on their website.

Delivery

Some project service accounts require a debit/credit card deposit payment to be setup prior to work commencing. For all other project services a one off payment is required. As soon as we have confirmation of setup we commence work. Payment card deposits are taken immediately and will notify The Company that a transaction has occurred. The Company can then begin work at the earliest moment.

The Company will require for you to supply image, video, design and textual content to be added to your digital marketing project. The Company can supply stock content free of charge. The amount of stock content provided by The Company is limited at our discretion. The Company can also supply additional content that may incur costs. We will always request your permission before using any additional cost content. If you do require additional cost content we will bill you accordingly on your next billing cycle. All text, images, videos or audio submitted must be free of copyright and The Company accepts no responsibility for any infringement of copyright law arising from any text, video or images used on your site. We can also supply professional copy writing, graphic design, creative content and digital marketing strategy at an additional cost.

Expected completion time frame on most websites is around 5-10 days however if content is not provided this may delay completion. Expected completion timeframe for all other digital marketing services are dependent on the customer providing feedback, content and acceptance of the project. Creative content projects are normally delivered within 3-5 days. Social media management projects are ongoing and are delivered accordingly. Strategy projects are normally delivered between 1-6 weeks dependent on the level of service chosen by the customer.

The Company reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial.

The Company do not sell physical products. Digital services are begun at the time of purchase. The Company will electronically deliver all projects upon receipt of final invoices.

On-Going Service

Hosting, technical maintenance, email accounts, software updates and all general upkeep services shall be provided by The Company as standard and be included as part of the annual hosting and domain renewal fee.

The Company will take extensive measures to ensure that the customer does not experience any disruption of service. We cannot accept liability for disruption of service caused by factors that lie outside of our control.

Digital amendments such as changes to pages, additional template pages, posts, plugin settings, content, text, images, video, contact information, major design/re-design, any website development, feature development, major layout changes, re-branding or additional functionality will be treated as a bespoke auxiliary service and will be quoted and billed as such.

In the event that a digital platform (eg. website, social pages, blog, app) fault occurs as the result of amendments made by the customer, a request may be made to The Company to rectify the fault and will be quoted and billed based upon our standard agency fees.

Service Duration

All website accounts are agreed on a 12 month period, at the end of this period a renewal for the following 12 months will be requested by The Company to The Customer. There is no fixed term however, to maintain stability and success of The Customer website a minimum period of 12 months is recommended.

Social media management accounts shall be placed on a one month agreement. There is no fixed term.

Creative content accounts shall be placed on a one month agreement. There is no fixed term.

SEO accounts shall be placed on a one off agreement. There is no fixed term.

Termination of Services

If The Customer requires to terminate the project service during the course of any work The Customer will be responsible for the termination and will forfeit their deposit. The Company, at their own discretion, may charge The Customer for any outstanding costs should The Company be liable for The Customers project. In order to protect Customers from unintentional service interruption, Customers wishing to terminate any services must request the service termination in writing or email simon@ldma.co.uk and then confirm the termination by phone.

Charges & Payments

Payments to The Company for provision of services will be processed by PayPal either as a one off payment or as deposit followed by payment of the full balance. Alternative payment methods are accepted at the sole discretion of The Company and may incur additional processing or administrative fees.

Payment for Work

Unless otherwise agreed in writing, a one off payment or deposit is required from The Customer before any work commences. Upon completion of work and after the acceptance period, The Customer will be invoiced for the remaining balance. The Company reserves the right to request full payment before the start of any project. Any additional work carried out by LDMA, with prior approval by The Customer, will be charged at standard agency rates unless otherwise agreed in writing.

Payment Terms

It is The Company’s policy that any outstanding accounts for work carried out by The Company or its affiliates are required to be paid in full, no later than fourteen (14) days from the date of the order/invoice unless by prior arrangement with The Company.

Late Payment

If your payment fails or payment is not received within 90 days your account will be terminated unless you have notified us of any issues and we have agreed otherwise.

Account termination will result in the complete termination of all digital content relating to The Customer. Your website, social media accounts and any other digital accounts will be held on our systems for a further 3 months if you decide to renew your service in the near future.

Refund Policy

If you are unhappy with any of services you are free to cancel at any time, if you cancel within the first 14 days of sign up you are entitled to a full refund of your deposit, upon request, emailed to simon@ldma.co.uk.

Governing Law

This agreement will be governed exclusively by the laws of the United Kingdom.

Domain Abuse

In the case of Domain Abuse, please contact simon@ldma.co.uk with full details about the issue.