These Terms of Service ("Terms") govern the supply of website design, development and related services by Lochside Digital to you ("the Client"). By requesting a quote, accepting a proposal, or instructing us to begin work, you agree to be bound by these Terms.
1. Who we are
Lochside Digital ("we", "us", "our") is a web design and development business based in Glasgow, United Kingdom, operated by its founders, Kameron Smith and Graham Fleming. You can reach us at [email protected].
2. Services
We provide website design, development, e-commerce, SEO, content and ongoing maintenance services as described in the written proposal or quote agreed with you ("the Project"). Any work not expressly set out in the agreed proposal is outside the scope of the Project and may be subject to an additional quote.
3. Order of precedence and entire agreement
Where you have signed a project-specific Website Project Agreement with us, that Agreement sets out the specific terms for your Project and takes precedence over these general Terms to the extent of any conflict between them. These Terms continue to apply to any matter not addressed in a signed Agreement. Together, your signed Agreement and these Terms constitute the entire agreement between us for your Project and supersede all prior discussions, quotes, proposals, and representations not incorporated into them, except in the case of fraud or fraudulent misrepresentation.
4. Quotes and acceptance
Quotes are valid for 30 days from the date of issue unless stated otherwise. A binding agreement is formed when you confirm acceptance of a quote or proposal in writing (including by email) or pay the deposit, whichever is earlier.
5. Fees and payment
- Unless agreed otherwise, a 50% deposit is payable before work begins, with the balance due on completion and before the site is made live.
- The price quoted is the price you pay — we do not add hidden charges. Work requested beyond the agreed scope will be quoted separately and agreed before it is carried out.
- Invoices are payable within 14 days. Late payment may result in interest being charged on the overdue amount at 4% above the Bank of England base rate, and/or work being suspended or delivery withheld, until payment is received.
- Ongoing third-party costs directly related to running your site — such as domain name registration/renewal and hosting — are our responsibility and are covered by the fees you pay us, unless we agree otherwise in writing for a specific project.
6. Your responsibilities
To deliver your Project on time, we rely on you to:
- provide content, images, logos and information promptly and in a usable format;
- respond to requests for feedback and approval within a reasonable time; and
- ensure you own or have permission to use any materials you supply to us.
We are not responsible for delays caused by late or incomplete information from you.
7. Timescales
We aim to deliver most websites within 7–10 working days of receiving everything we need from you and the deposit. Any timescales we give are estimates made in good faith and are not guaranteed.
8. Revisions and approval
Each package includes a reasonable number of rounds of revisions as set out in your proposal. Once you approve the site and it is made live, further changes may be chargeable. Approval is deemed given if you do not raise issues within 7 days of us requesting sign-off.
9. Intellectual property
Until all invoices for the Project are paid in full, all designs, code and materials we create remain our property. On full payment, ownership of the final, delivered website (excluding any third-party or licensed components, and our own pre-existing tools and frameworks) transfers to you. On full payment, we will also provide you with the final website files and/or any account access needed to operate the site, within 5 business days of request. We retain the right to display the completed work in our portfolio and marketing unless you ask us in writing not to.
10. Client content and warranties
You confirm that any text, images or other materials you provide do not infringe the rights of any third party and are not unlawful. You agree to indemnify us against any claim arising from materials you supply.
11. Maintenance and support
Any ongoing maintenance, support or hosting is provided only where expressly agreed and for the period stated. Where a recurring monthly fee applies, it may be subject to a minimum term and its own cancellation notice periods, as set out in your signed Website Project Agreement. Support does not cover faults caused by changes you or a third party make to the site, or by third-party software updates outside our control.
12. Limitation of liability
We provide our services with reasonable care and skill. To the fullest extent permitted by law:
- we are not liable for any loss of profit, revenue, data, or business, or for any indirect or consequential loss; and
- our total liability arising from or in connection with the Project is limited to the total fees you have paid us for that Project.
Nothing in these Terms limits our liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
13. Termination
Before a website is made live, either party may end the agreement by giving written notice as set out in your signed Website Project Agreement (or, if none is specified, 14 days' written notice). Either party may also end the agreement immediately in writing if the other commits a serious breach that is not put right within 14 days of being asked. If you cancel after work has begun, you remain liable for all work carried out up to the date of cancellation, and any deposit paid is non-refundable. Recurring services such as monthly hosting or maintenance may be subject to a minimum term and separate cancellation notice periods, as set out in your signed Website Project Agreement.
14. Changes to these Terms
We may update these Terms from time to time. The version in force is the one published on our website at the date your Project is agreed.
15. Notices
Any notice required under these Terms or a signed Website Project Agreement (including notices of cancellation, breach, or fee changes) must be given in writing. Notices may be given by email to the address you have used to communicate with us, or to [email protected], and will be treated as received on the next business day after sending, unless the sender knows or ought reasonably to know that it was not successfully delivered.
16. Data protection
You are the data controller for personal data collected through your site and are responsible for your site's compliance with data protection law, including the content of any privacy policy and the legal basis for any cookies or tracking used. Where we build technical features such as a cookie consent banner or contact form as part of the agreed scope, this is a development deliverable and does not make us responsible for your underlying compliance decisions (such as what tracking tools you use or how you use the data collected).
17. Governing law
These Terms and any dispute arising from them are governed by the laws of Scotland and are subject to the exclusive jurisdiction of the Scottish courts.
18. Contact
Questions about these Terms can be sent to [email protected].