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Terms and
Conditions

These terms and conditions outline the rights, obligations, and responsibilities between Digital Soda (referred to as "Company," "we," or "us") and our clients (referred to as "you" or "client"). By engaging our services, you agree to abide by these terms and conditions, which govern the provision of our services and set forth important guidelines for our working relationship. We encourage you to carefully read and understand these terms to ensure a mutually beneficial partnership. If you have any questions or require clarification, please do not hesitate to contact us.

 

1. Services:

 

Digital Soda (referred to as "Company") offers freelance digital marketing services, including but not limited to website creation, search engine optimization (SEO) services, social media marketing, and related consulting.

2. Quotation and Payment:

 

  • The client acknowledges that all quotations provided by the Company are valid for a period of 30 days from the date of issuance.

  • If a quote for services exceeds £2500, the client agrees to pay a deposit of 30% of the quoted amount upon acceptance of the quote.

  • The remaining 70% of the quoted amount shall be payable upon completion of the work or as otherwise agreed upon in writing.

  • The Company reserves the right to revise the quote in the event of any changes or additions to the scope of work requested by the client.

3. Invoicing and Payment Terms:

 

  • Invoices will be provided to the client upon completion of the agreed-upon services or as otherwise specified.

  • All payments are due within 7 days of the final invoice date unless otherwise agreed upon in writing.

  • The client agrees to make all payments in GBP (British Pound Sterling) unless otherwise agreed upon in writing.

4. Non-Payment:

 

  • In the event of non-payment, the Company reserves the right to suspend or terminate services until all outstanding amounts are settled.

  • The client agrees to be responsible for any costs or expenses incurred by the Company in collecting overdue payments, including but not limited to legal fees, collection agency fees, and court costs.

  • Should the Company engage a debt collection agency, the client acknowledges that additional charges, such as interest or collection fees, may be incurred.

5. Intellectual Property:

 

  • The client acknowledges that the Company may use third-party software, templates, or frameworks to provide the agreed-upon services.

  • The client retains ownership of any materials, data, or information provided to the Company for the purpose of rendering services.

  • The Company retains ownership of all intellectual property rights related to the services provided, including but not limited to website designs, code, graphics, and marketing materials unless otherwise agreed upon in writing.

 

6. Confidentiality:

 

  • Both the client and the Company agree to maintain the confidentiality of any proprietary or sensitive information shared during the course of the engagement.

  • The client agrees that the Company may use their name and project details for promotional purposes, such as case studies or portfolio showcases, unless otherwise agreed upon in writing.

7. Limitation of Liability:

 

  • The Company shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the services provided, including but not limited to lost profits, data loss, or business interruption.

  • The total liability of the Company, regardless of the cause of action, shall not exceed the total amount paid by the client for the services rendered.

8. Governing Law and Jurisdiction:

 

  • These terms and conditions shall be governed by and construed in accordance with the laws of the UK.

  • Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of the UK.

 

9. Domain Names:

 

  • In cases where Digital Soda purchases domain names on behalf of the client, the client acknowledges that Digital Soda retains ownership of the domain names.

  • In the event of non-payment or breach of agreement, Digital Soda reserves the right to retain ownership and control of the domain names and may take appropriate action to safeguard its interests.

  • The client agrees to cooperate with Digital Soda in all matters related to the transfer or management of domain names and acknowledges that any costs associated with domain name registration, renewal, or transfer shall be borne by the client.

10. Website Hosting:

 

  • Upon the purchase of a website, Digital Soda includes website hosting services for the first year, unless otherwise agreed upon in writing.

  • After the initial year, website hosting services will be chargeable to the client at the prevailing rates specified by Digital Soda.

  • In the event that the client chooses to discontinue hosting services with Digital Soda, it is the client's responsibility to arrange for the migration of all website assets, including domain names, to another hosting provider within 7 days from the termination date. If the client fails to remove the assets within the specified timeframe, Digital Soda reserves the right to apply a storage fee or charge for any additional hosting services provided beyond the 7-day period.

  • Digital Soda will provide reasonable assistance and cooperation during the transition period, subject to any outstanding payment obligations.

  • The client acknowledges that failure to migrate website assets within the specified timeframe may result in disruption of services, and Digital Soda shall not be held liable for any losses or damages arising from such disruption.

  • Website hosting will have a grace period of seven days, after which the client's website will be taken offline. To resume hosting after the grace period, a £50 reactivation fee, in addition to the annual hosting costs, will be charged to the client.

11. Backups and Security:

 

  • Unless otherwise agreed upon in writing, it is the client's responsibility to regularly backup the website and its associated data.

  • The client acknowledges that Digital Soda is not liable for any data loss, corruption, or unauthorized access to the website or its data.

  • It is the client's responsibility to keep the website's plugins and core framework, such as WordPress, updated to the latest stable versions unless otherwise agreed upon in writing.

  • Failure to update plugins or the core framework may leave the website vulnerable to security risks, and Digital Soda shall not be held responsible for any security breaches or damages resulting from outdated software.

 

12. Termination of Services:

 

  • In the event that the client wishes to terminate services provided by Digital Soda, the client must provide written notice of termination at least 30 days prior to the desired termination date.

  • After receiving the written notice of termination, Digital Soda will cease providing services as of the agreed termination date.

  • The client acknowledges that services provided beyond the termination date, if no written notice was given or less than 30 days' notice was provided, may be subject to additional charges at the prevailing rates specified by Digital Soda.

  • Upon termination, the client shall remain responsible for any outstanding payments or fees incurred up to the termination date.

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