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Terms of Service

Last updated: 2 February 2026

1. Introduction

These Terms of Service ("Terms") govern your use of the website and services provided by Scott Mackey Digital ("we", "us", or "our"), a digital agency registered in England. By accessing our website or engaging our services, you agree to be bound by these Terms.

2. Company Information

Scott Mackey Digital
21 Flotilla Promenade
Street, Somerset
BA16 0GL, United Kingdom
Email: [email protected]

3. Services

We provide digital services including but not limited to web design, web development, AI integration, e-commerce solutions, and digital strategy consulting. All services are provided subject to a separate written agreement or proposal which will specify the scope, deliverables, timelines, and fees.

4. Intellectual Property

Unless otherwise agreed in writing:

  • All content on this website, including text, graphics, logos, and software, is our property or licensed to us and is protected by UK and international copyright laws.
  • Upon full payment, clients receive ownership of final deliverables as specified in the project agreement.
  • We retain the right to display completed work in our portfolio unless otherwise agreed.
  • Pre-existing intellectual property, frameworks, and tools we use remain our property.

5. Client Obligations

By engaging our services, you agree to:

  • Provide accurate and complete information as required for the project.
  • Provide timely feedback and approvals to avoid project delays.
  • Ensure you have the right to use any materials you provide to us.
  • Pay invoices in accordance with agreed payment terms.
  • Not use our services for any unlawful purpose.

6. Payment Terms

Payment terms are specified in individual project proposals. Generally:

  • A deposit is required before work commences.
  • Final payment is due upon project completion, before handover of final files.
  • Late payments may incur interest at 8% above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
  • We reserve the right to suspend work on accounts with overdue payments.

7. Limitation of Liability

To the fullest extent permitted by law:

  • Our total liability for any claim arising from our services shall not exceed the total fees paid for the specific project in question.
  • We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
  • We do not guarantee that our services will be uninterrupted, error-free, or that defects will be corrected.
  • Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by law.

8. Warranties and Disclaimers

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. However:

  • We do not guarantee specific results, rankings, or business outcomes.
  • Third-party services, plugins, and integrations are provided "as is" and we are not responsible for their performance or availability.
  • Website performance depends on factors outside our control, including hosting providers, third-party services, and internet connectivity.

9. Confidentiality

Both parties agree to keep confidential any proprietary information disclosed during the course of the business relationship. This obligation survives the termination of any agreement between us.

10. Termination

Either party may terminate an ongoing project with 14 days written notice. Upon termination:

  • The client shall pay for all work completed up to the termination date.
  • We will provide all completed deliverables for which payment has been received.
  • Any deposits paid are non-refundable unless otherwise agreed in writing.

11. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

12. Website Use

When using this website, you agree not to:

  • Use the website in any way that breaches applicable local, national, or international law.
  • Transmit any material that is defamatory, offensive, or otherwise objectionable.
  • Attempt to gain unauthorised access to our systems or networks.
  • Use automated systems or software to extract data from the website.

13. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to this website. Your continued use of our services constitutes acceptance of the modified Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at [email protected]