Terms of Service

Last Updated: January 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and DigitalDynamics LTD ("Company," "we," "us," or "our"), a company registered in England and Wales, governing your access to and use of our website and services.

By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our services.

1. Definitions

For the purposes of these Terms:

  • "Services" means all software development, design, project management, marketing, and consulting services provided by the Company
  • "Client" means any individual or entity that engages the Company's services
  • "Deliverables" means any work product, software, designs, or materials created by the Company for the Client
  • "Agreement" means these Terms together with any project-specific statements of work or contracts
  • "Confidential Information" means any proprietary or confidential information disclosed by either party

2. Services

2.1 Scope of Services

The Company provides software development, UI/UX design, project management, and marketing services as described on our website or in project-specific agreements. The specific scope, deliverables, timeline, and fees for each project will be set forth in a separate statement of work or project agreement.

2.2 Modifications to Services

The Company reserves the right to modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of any material changes that may affect ongoing projects.

3. Client Obligations

The Client agrees to:

  • Provide accurate and complete information necessary for the provision of services
  • Respond to requests for information in a timely manner
  • Provide timely feedback and approvals as required
  • Ensure that all materials provided to the Company do not infringe third-party rights
  • Comply with all applicable laws and regulations
  • Pay all fees in accordance with the payment terms

4. Fees and Payment

4.1 Pricing

Fees for services will be specified in project-specific agreements or statements of work. All prices are quoted in GBP unless otherwise stated and are exclusive of VAT.

4.2 Payment Terms

Unless otherwise agreed in writing:

  • An initial deposit may be required before work commences
  • Invoices are payable within 14 days of the invoice date
  • Payment is processed through Stripe, our third-party payment processor
  • Late payments may incur interest at the rate of 8% per annum above the Bank of England base rate

4.3 Payment Processing

All payments are processed securely through Stripe. By providing payment information, you authorize the Company to charge the applicable fees to your designated payment method. You are responsible for ensuring your payment information is current and accurate.

4.4 Refunds

All refund requests are handled directly with the owner of DigitalDynamics LTD through a transparent, evidence-based process. For complete details on our refund process, eligibility criteria, resolution procedures, and timelines, please refer to our Refund Policy.

5. Intellectual Property Rights

5.1 Deliverables

Upon full payment of all fees, the Company grants the Client ownership of the final deliverables created specifically for the Client, subject to any third-party licenses or pre-existing materials.

5.2 Company Property

The Company retains all rights to:

  • Pre-existing materials, templates, frameworks, and tools
  • Methodologies, processes, and know-how
  • General knowledge and skills acquired during the provision of services
  • Rights to use completed projects for portfolio and promotional purposes

5.3 Third-Party Components

Deliverables may incorporate third-party software, libraries, or components subject to their respective licenses. The Client is responsible for compliance with such licenses.

6. Confidentiality

Both parties agree to maintain the confidentiality of any Confidential Information disclosed during the course of the engagement. This obligation survives termination of the agreement for a period of three (3) years.

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this agreement; (b) was rightfully in the receiving party's possession prior to disclosure; (c) is independently developed; or (d) is required to be disclosed by law or court order.

7. Warranties and Disclaimers

7.1 Company Warranties

The Company warrants that:

  • Services will be performed in a professional and workmanlike manner
  • Work will be performed by qualified personnel
  • Deliverables will substantially conform to specifications agreed upon in writing

7.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DELIVERABLES WILL MEET ALL CLIENT REQUIREMENTS.

8. Limitation of Liability

8.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES.

8.2 Cap on Liability

The Company's total aggregate liability for any claims arising out of or relating to these Terms or the services shall not exceed the total fees paid by the Client to the Company in the twelve (12) months preceding the claim, or £5,000, whichever is greater.

8.3 Exceptions

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under English law.

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • Client's breach of these Terms
  • Client's violation of any law or the rights of a third party
  • Materials or content provided by the Client
  • Client's use of the deliverables

10. Term and Termination

10.1 Term

These Terms commence when you first access our services and continue until terminated in accordance with this section.

10.2 Termination by Client

The Client may terminate a project by providing written notice. Upon termination, the Client shall pay for all work completed up to the termination date, plus any non-cancellable expenses incurred.

10.3 Termination by Company

The Company may terminate services immediately if:

  • Client fails to pay undisputed invoices within 30 days
  • Client breaches any material term of these Terms
  • Client engages in conduct that damages the Company's reputation

10.4 Effect of Termination

Upon termination, the Client must immediately pay all outstanding fees. Provisions relating to intellectual property, confidentiality, warranties, limitation of liability, and indemnification shall survive termination.

11. Dispute Resolution

11.1 Negotiation

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations.

11.2 Mediation

If the dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to attempt to resolve the dispute through mediation before pursuing litigation.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. The parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between the parties and supersede all prior agreements and understandings.

13.2 Amendments

The Company reserves the right to modify these Terms at any time. We will notify clients of material changes. Continued use of our services after changes constitutes acceptance of the modified Terms.

13.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.4 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision shall not constitute a waiver of such right or provision.

13.5 Assignment

The Client may not assign or transfer these Terms or any rights hereunder without the Company's prior written consent. The Company may assign these Terms without restriction.

13.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

13.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

13.8 Notices

All notices under these Terms shall be in writing and deemed given when delivered personally, sent by confirmed email, or sent by registered or certified mail to the addresses specified by the parties.

14. Contact Information

For questions regarding these Terms of Service, please contact:

DigitalDynamics LTD

Email: legal@digitaldynamics.com

Registered in England and Wales

Acknowledgment: By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.