Client terms
Terms and conditions
Contract version DD-PT-2026-11-10-v1 · 10 November 2026.
Read these terms with your agreed, versioned scope, separate cancellation information and model form, care schedule where applicable, signed copyright schedule and any agreed data-processing schedule. Your contract records the parties, prices, services and dates.
The supplier is Mark Young trading as Dreckly Digital, 2 Boscoppa Close, Mount Ambrose, Redruth, Cornwall TR15 1NT.
- Business customers: the business deposit rule is clause 1.3; content warranty 2.5; capped content indemnity 4; insolvency safeguards 7; liability cap/exclusion 11.2–11.3; qualifying late-debt interest and compensation 14.2.
- Consumers: cancellation and early start are clauses 1.4–1.7; content responsibilities 2.6 instead of 2.5; no indemnity; foreseeable-loss protection and no general money cap in 11.4 instead of 11.2–11.3; no contractual late interest or commercial compensation under 14.3 instead of 14.2.
- Common safeguards apply to everyone, including written sign-off, defined termination grounds, care notice, fair care early exit and refunds and handover.
1. Customer status, payment and cancellation rights
1.1 A business customer buys mainly for their trade, business, craft or profession. A consumer buys mainly outside those purposes. Actual circumstances determine status; a business name, sole-trader status or tickbox does not remove rights a consumer actually has.
1.2 The agreed scope records the build price, approved extras, separately payable domain/third-party costs and any care fee. The build payment is 50% on agreement and 50% invoiced at actual agreed go-live. Invoices are payable by BACS within 14 days of invoice date. We are not VAT registered and do not add VAT. We start only after the cleared advance and the lawful agreed start date; payment is not a waiver of cancellation rights.
1.3 Business customers: the 50% build deposit counts towards the price and is non-refundable if you cancel for convenience under the agreed business cancellation policy. This does not remove remedies for our breach/non-performance or permit retention where mandatory law requires repayment. It does not apply merely because a consumer has a business name. We credit payments and do not recover the same loss twice. This client-cancellation rule is not automatic forfeiture when we terminate.
1.4 Consumers: the deposit is an advance towards the price, not automatically forfeited. For an applicable distance/off-premises service contract you may cancel without giving a reason until the end of 14 days after the day the contract is entered into. We supply the separate cancellation information and model form with the contract; a clear cancellation statement is sufficient without using the form. Missing required information may extend that period.
1.5 You may choose to wait until the cancellation period expires. We start within it only following your separate express written early-start request. If you then exercise the statutory cancellation right, any service charge is only the lawful proportion of services actually supplied up to cancellation, compared with the full contract service, based on the agreed total price or market value if that price is excessive. There is no automatic 50% charge or conversion to an extra-edits hourly rate. You bear no service cost in the circumstances specified by the Regulations where the required information or valid request is absent.
1.6 The service cancellation right is lost on full performance during that period only where performance began following your express request and acknowledgement that the right would be lost on full performance. Payment, preview approval, starting work or launch alone does not end it. Future care is not fully performed at build launch. Nothing here substitutes a service request for any separate digital-content consent/information legally required.
1.7 We reimburse payments due following statutory service cancellation without undue delay and no later than 14 days after being informed, using the original payment method unless you expressly agree otherwise, without a refund fee. Outside an available cooling-off right, a consumer convenience cancellation is subject only to the agreed fair itemised charge for supplied services and specifically approved unavoidable costs, with payments credited, savings/mitigation accounted for and excess refunded; there is no automatic deposit forfeiture. Remedies for our breach remain.
2. Your information, supplied content and permissions
2.1 You are responsible for supplying and checking the information and content you supply or expressly approve for your website. This includes copy, descriptions, prices and tax statements, menus, ingredients/allergen information, opening hours, contact/booking details, photographs, logos, claims, legal/regulatory notices and anything else you supply or approve. Use the preview and checklist to check that your information is accurate, current and not misleading, and tell us promptly of errors or omissions. Obtain specialist advice where necessary; our design service does not certify your business's legal compliance.
2.2 Provide only material you are entitled to use and authorise for the agreed website. Tell us licence, attribution, duration and usage restrictions and give permission evidence where reasonably needed. You keep your supplied-content rights and give us non-exclusive permission to use/adapt it only as necessary for this contract and agreed site, including through authorised providers. Portfolio use is governed separately by the agreed portfolio schedule, opt-out and privacy safeguards.
2.3 Tell us promptly when your information changes after launch. Agreed included care edits or approved extra-edit charges apply. We are not responsible for a factual error accurately reproduced from your supply or express approval where we have performed with reasonable care and skill and it is not otherwise our responsibility. We flag obvious inconsistencies/risks we identify and do not knowingly publish unlawful content.
2.4 We remain responsible for our own work, errors we introduce, checks we promise, correct implementation and defects we should identify using reasonable care and skill. Approval does not remove those duties or statutory remedies. Correcting our errors is not a paid change round. Copy, photographs or functionality we independently supply do not become entirely your responsibility merely because you approve a preview.
2.5 Business customers: after reasonable checks, the factual information you supply or expressly approve is accurate, current and not misleading to the best of your knowledge. You warrant that you have the rights/permissions necessary for the agreed use of material you supply and will promptly tell us of relevant claims/restrictions. You must not instruct unlawful publication or knowingly false claims. These promises do not cover our independently sourced material, unauthorised changes or our own negligence/legal duties.
2.6 Consumers, instead of clause 2.5: take reasonable steps to check your supplied information/permissions and respond to reasonable clarification requests. Do not knowingly provide false/unlawful material or material you know you cannot use. We explain particular permission evidence reasonably needed. You do not certify technical/legal compliance or take responsibility under this clause for our mistakes or losses you did not cause. You give no indemnity.
3. Written sign-off and launch authority
3.1 We give you an identified, dated/versioned preview and a checklist of your information and agreed features. Send consolidated corrections or expressly approve that version in writing. Approval records the content/design choices checked and authorises only the agreed launch. Silence is not approval; we do not publish or change domain pointing without your authority.
3.2 Sign-off is evidence, not a waiver of faults, latent defects, our errors, reasonable care/skill, binding service promises or statutory rights. It does not end an available cooling-off right or make every later issue a paid extra. A later preference change to correctly delivered approved work may be an extra only after price, scope and timing are agreed. We must still deliver the agreed scope.
3.3 The sign-off statement is: “I approve the preview identified with this approval for the agreed launch, subject to completion of any corrections listed with this approval. I have checked my supplied/approved information using the checklist. This records my content/design choices and launch authority, not a waiver of statutory rights or a release of Dreckly Digital's own errors.”
4. Business-only supplied-content indemnity
4.1 Business customers only: you reimburse our reasonable direct liability and reasonable external defence costs for a third-party claim that material you supplied infringes copyright, trade mark or other intellectual property rights, only to the extent caused by your breach of clause 2.5's rights warranty. Liability must be established by a final court decision or settlement you approve, approval not unreasonably withheld. It does not cover our material, unauthorised changes/uses, our breach/negligence or our failure reasonably to reduce loss.
4.2 We notify you promptly, give reasonable details/cooperation, mitigate and allow you and suitable advisers a reasonable opportunity to participate in the defence. Late notice reduces your responsibility only to the extent it prejudices the defence. Neither party may admit liability or settle a claim binding the other without prior written approval, not unreasonably withheld; non-monetary obligations need express agreement. We cannot run up unreasonable costs and pass them to you.
4.3 Your total reimbursement under this clause is capped at the monetary ceiling calculated under clause 11.2, using the event giving rise to the relevant rights claim. The same highest-cap rule applies if there are multiple events; separate claim caps are not added together. There is no double recovery through damages, insurance proceeds and this indemnity. This is not an uncapped all-claims/all-expenses guarantee and does not apply to consumers.
5. Your own trading obligations and our agreed implementation
5.1 You remain responsible for legal obligations of your own activities, including truthful selling information, food/allergen/sector rules, terms for your customers, lawful photographs and your controller decisions about visitor/customer data. Identify specialist requirements at scoping and supply approved factual/legal content. We do not certify compliance of your business in every respect.
5.2 The scope identifies who supplies each legal notice and the accessibility, privacy/cookie controls, security and other technical checks we implement. We remain responsible for that agreed work with reasonable care and skill and for legal duties applying to us, including actual processor duties. Sign-off cannot transfer these. We raise material risks identified and do not knowingly launch an unlawful implementation. Promised accessibility measures and reasonable adjustments for our own service remain our responsibility.
6. Defined grounds for suspension or termination
6.1 Either party may end the affected contract for the other's material breach seriously affecting it which is not put right within 14 calendar days after receiving written notice identifying the breach, required remedy and consequence. Where full remedy needs longer and safe continuation is reasonable, we discuss a reasonable written remedy plan rather than automatically terminate. Minor/technical breach alone is insufficient. Legal rights to end for sufficiently serious breach and consumer statutory rights remain.
6.2 We may pause affected work and, if necessary, end the affected service on these specific grounds and safeguards:
- Non-payment: an undisputed invoice remains unpaid after its 14-day due date and a written reminder allowing at least 14 further calendar days to pay or raise a genuine dispute. We normally pause new work first. If still unpaid 14 calendar days after that pause, we may end the affected service after a written final warning identifying the end date. We investigate genuine disputes; undisputed parts remain payable. A complaint, lawful withholding/set-off or pursuit of statutory remedies is not itself grounds to terminate. We do not bypass this process through the general breach clause.
- Unlawful/dangerous instructions or content: illegal activity, knowing infringement, unlawful hate/threats/harassment or a concrete serious security/safety risk. We explain the issue and request correction/removal, normally allowing 14 calendar days where safe and remediable. Lawful criticism, disagreement, taste or unsupported allegations are insufficient. Urgent protective action is limited to what is necessary; immediate permanent termination is reserved for serious irremediable illegality or risk not reasonably controllable by a lesser step. We comply with binding legal orders and explain as soon as lawful.
- Serious abuse: credible violence threats or serious/repeated targeted harassment of someone doing the work, not a firm complaint or use of legal rights. Normally we identify the conduct and allow 14 calendar days to stop/remedy it. Immediate safety measures or termination are reserved for serious threats/irremediable risks where continuing is not reasonably safe.
- Essential input never arrives: we identify in writing content, access or a decision genuinely necessary to proceed. After 30 calendar days without it, despite a reminder and reasonable offers to resolve the difficulty, we may pause dependent work. Before ending the unfinished build, we give a final written notice allowing at least 14 further calendar days to supply it or agree a realistic revised plan, and explain the proposed account/refund/handover. We consider agreed absences, accessibility needs and reasonable explanations. There is no inactivity/restart fee, deemed acceptance or automatic forfeiture. We do not end functioning paid care merely because no edits were requested. We do not bypass this specific process by treating the same delay as a general material breach.
6.3 A notice states the objective reason, affected service, required steps, timing and consequences in a format you can keep. We act proportionately, maintain unaffected obligations where practicable and restore affected service promptly once resolved, with a sensible revised schedule and no arbitrary restart fee.
6.4 Pausing edits does not permit deleting files, disabling an unrelated paid site, diverting domains or revoking assigned rights. Where suspension of live affected facilities is genuinely necessary, we give reasonable advance warning and a practical continuity/export route unless urgent legal/security/safety grounds prevent it, then explain as soon as lawful. We protect data and do not hold it hostage over payment. Alleging a breach is not a final determination; lawful complaints/court routes remain available.
7. Insolvency and mandatory supply restrictions — business customers
7.1 Any right to suspend, end or change supply if you enter formal insolvency or cease trading is subject to mandatory insolvency law, including section 233B of the Insolvency Act 1986 where applicable. A protected insolvency procedure does not itself permit us to terminate/change supply. We do not exercise a prohibited earlier termination right during the protected period or make prohibited pre-procedure arrears payment a condition of continued supply. Where office-holder/company consent or court permission is required, we obtain it before terminating. This clause creates no wider termination right than the contract and law permit; another clause cannot be used to evade these restrictions.
8. No at-will build withdrawal; ordinary care notice
8.1 We have no general right to leave an agreed build because we change our mind or prefer other work. Builds may end by agreement, under the defined grounds above or another applicable lawful right. There is no supplier convenience-cancellation right over unfinished business or consumer builds.
8.2 Where your package includes care, the agreed care schedule records its price, scope and start/minimum-end dates. There is an initial three-month minimum, then rolling monthly continuation without a new minimum. Either party may give 30 calendar days' written ordinary notice from receipt, including during the initial minimum. Ordinary care ends on the later of the initial minimum end and expiry of those 30 days, or a later date you request. Our ordinary notice cannot end service before the minimum end. We give longer transition where reasonably necessary for practical handover. You may give notice by the agreed email route; we confirm receipt and the end date.
8.3 Notice does not have to start at a billing boundary, and we do not force another full billing month. Charges and unused-advance refunds for part-months are fairly calculated by days served divided by days in the relevant monthly billing period. After the minimum there is no new cancellation/renewal fee.
8.4 If we end care for convenience, you pay only for care actually supplied up to the end; we refund unused advances, impose no early-exit/remaining-minimum charge and preserve paid website/domain rights and handover. Statutory cancellation, remedies for our breach and your fair early-exit right below take priority over ordinary notice. No 30-day fee applies to exercising a statutory right.
9. Fair client-requested early exit from the care minimum
9.1 If you request care to stop before the initial minimum ends, other than under statutory cancellation or because of our breach, we explain a fair settlement before you decide. You pay for services actually supplied up to the agreed stop date. Any additional settlement for the unserved remainder is no more than the lower of:
- the agreed care fees attributable to that remaining period, calculated pro rata for part-months; and
- our reasonable evidenced net loss caused by early exit, after deducting costs saved or reasonably avoidable and reasonable mitigation/replacement income.
9.2 We credit all payments, including unused advances, avoid double recovery and refund any excess. There is no administration penalty or charge for periods after the initial minimum. If net loss is zero, or an amount cannot be justified, no additional settlement is charged. You may question the calculation; our estimate is not a final determination of your rights. This settlement does not apply because we choose to end care. Statutory cooling-off follows clause 1 and the cancellation pack, not this net-loss formula.
10. End-of-contract account, refunds, handover and rights
10.1 Ending does not remove accrued claims, mandatory rights, confidentiality, data duties or paid ownership/licences. We provide an itemised account, credit all payments, deduct applicable savings/mitigation and avoid double recovery. We prepare the account and pay undisputed refunds within 14 calendar days of effective end, without delaying any earlier statutory deadline. Disputed items do not delay undisputed refunds, and refunds do not depend indefinitely on agreement over every item.
10.2 If we cannot finish through no fault of yours, we charge only a fair proportion of the agreed price for properly performed usable work you receive and can lawfully use, plus separately authorised unavoidable third-party costs actually benefiting you. We do not automatically retain 50%, charge unusable/defective/undone work, lost future profit or unavailable notice/minimum-period services. We refund the rest and preserve any right to a larger/full refund or damages for our breach. Time records evidence progress; they do not automatically reprice a fixed build at the extra-edits rate.
10.3 If we end for your material breach or essential-input failure, we claim only lawful evidenced sums under applicable agreed compensation rules, with credits, savings/mitigation and no automatic forfeiture. The business client-convenience deposit rule is not extended to every supplier-triggered end. Your own convenience cancellation follows clause 1 and the separate cancellation policy; care early exit follows clause 9. Statutory cooling-off takes priority, including its refund deadline and lawful proportionate service charge.
10.4 We provide practical handover of paid completed work, supplied content and domain/account/data access normally within 14 calendar days of effective end, or earlier where agreed/necessary. We arrange essential access promptly to avoid unnecessary interruption and explain incomplete work, dependencies and licences. We do not delete, redirect, disable or withhold an already paid site/domain or legally required data return over another invoice. Extra optional migration tasks/prices must have been clearly agreed. A separate migration charge is not automatic on our own withdrawal or a barrier to included handover/access.
10.5 Your domain remains registered to you and managed by us, with actual registration/renewal costs separately disclosed and authorised. Ending care does not transfer domain ownership. Our agreed full-build bespoke copyright assignment takes effect in signed writing on full build payment, not future care payment; background/reusable and third-party items remain licensed on their identified terms. Paid rights survive care termination.
10.6 For partial completion we identify the deliverables you pay for in the account and provide a separate proprietor-signed assignment of copyright we own in those items on payment of the agreed partial amount, retaining identified background/third-party carve-outs and necessary use/modification/migration licences. If assignment is unavailable, we explain and agree sufficient lawful rights before treating work as usable chargeable handover. We cannot transfer rights we do not own. Existing paid rights do not await unrelated disputed invoices.
10.7 Personal data is returned/deleted under the processing schedule and legal retention rules, with reasonable export opportunity, no unexpected deletion and only necessary authorised retained records. Data subjects' statutory rights remain.
11. Liability — common safeguards and customer-specific rules
11.1 All customers: nothing excludes or limits death/personal-injury liability caused by negligence, fraud/fraudulent misrepresentation or liability the law does not allow to be limited. Consumer statutory rights/remedies remain, including reasonable care/skill, binding service information and applicable repeat-performance, price-reduction, goods and digital-content rights. No limit caps money we must refund under law or agreed terms. Sign-off, extra payment or surrender of a claim is not a condition of pursuing statutory remedies.
11.2 Business customers only: subject to clause 11.1, our aggregate liability arising from this contract, in contract, tort including negligence or otherwise, is capped at the greater of £1,000 and twice the agreed one-off build price including agreed build extras, plus care fees paid or payable for services in the 12 months immediately preceding the event giving rise to the claim. The £1,000 floor is compared with the entire sum of the doubled build price and that care amount. We use the whole agreed build price, not only the deposit. If care has run for less than 12 months, only fees for the actual elapsed service period count; no annual fees are invented. A care-only contract has no build component. Claims from the same originating event use that event's date. For multiple unrelated events, calculate this figure for each event and use the highest resulting figure as the single aggregate ceiling for all claims under the contract, not the sum of separate ceilings. This does not cap ordinary payment debts you owe; clause 4 separately applies this monetary calculation to its narrow content indemnity.
11.3 Business customers only: subject to clause 11.1, we exclude indirect/consequential loss in its legal sense, rather than losses arising naturally in the ordinary course from our breach. Profit, revenue, business interruption or data loss is not automatically excluded simply by its label. Direct recoverable losses remain subject to the agreed ceiling and ordinary causation, foreseeability and mitigation rules. Contractual limits do not bind regulators or non-party data subjects or remove their statutory rights.
11.4 Consumers, instead of clauses 11.2–11.3: we are responsible for loss/damage which is a foreseeable result of our breaking the contract or failing to use reasonable care and skill. Loss is foreseeable if an obvious consequence or if, at formation, we and you knew it might happen. Tell us essential uses/deadlines before agreement so they can be considered. We do not exclude foreseeable loss by labelling it indirect/consequential. These consumer terms set no general money ceiling on your legal remedies. Clause 11.1 and statutory rights apply throughout.
12. Hosting, forms, registrars and other providers
12.1 The scope names actual providers, account owners/payers, service limits, authorised costs and agreed backup/restore/export tasks, including Cloudflare, the agreed form provider, registrar and booking/payment services. Cove uses your own Cloudflare account with handover; Harbour and above use our account with agreed care. Domain registration/renewal costs are extra as described in clause 10.5.
12.2 We cannot guarantee uninterrupted independent networks/providers or rankings/sales. We remain responsible for reasonable care/skill in selection where applicable, configuration, agreed monitoring, security, renewals, backups/recovery and obligations undertaken through others. We notify material known incidents, mitigate/recover reasonably and explain realistic timing/options. Another provider's involvement or failure to reimburse us does not remove our own duties.
12.3 A genuinely external interruption excuses only performance actually prevented despite reasonable steps, for no longer than necessary, without removing mandatory remedies. We assess fair pro-rata credit/refund for unavailable affected care and preserve further legal remedies; we do not automatically retain payment for it. We do not unilaterally replace agreed features with materially worse service or impose mandatory new charges. We explain material platform changes and seek scope/cost agreement; if agreement is impossible, applicable fair cancellation/refund/handover rights apply. Third-party terms are identified before commitment and do not remove rights against us.
13. Events outside reasonable control
13.1 A severe natural disaster, war, binding legal restriction or widespread infrastructure failure outside reasonable control may prevent an identified obligation despite reasonable precautions. The affected party notifies promptly, explains likely effect/duration, mitigates and updates the other. Only the actually prevented obligation is paused, only as long as reasonably necessary. Ordinary workload, choosing another job, avoidable lack of funds or inadequate reasonable security/backups is insufficient. Provider failure is not automatically outside our responsibility; clause 12 applies.
13.2 We discuss a realistic revised plan, not indefinite delay or an unagreed scope/price change. If material service remains unavailable for 30 calendar days, either party may end the affected part by written notice without a cancellation penalty, with clause 10's fair account/refund for usable supplied work and handover. Earlier legal rights, including essential-deadline and consumer remedies, remain. Payment for unsupplied work is not automatically retained. Earlier breach and non-excludable liabilities are not excused.
14. Invoices and late payment — customer-specific rules
14.1 Invoices remain due 14 days from invoice date under clause 1. We explain overdue amounts, send the reminder and allow the opportunity to pay or raise a genuine dispute before proportionate suspension under clause 6. We do not impose an unannounced shutdown or accelerate future build/care charges. Lawful withholding/set-off and statutory remedies remain.
14.2 Business customers only: for qualifying late business debts we may claim under the Late Payment of Commercial Debts (Interest) Act 1998 rather than a different contractual interest rate. Where applicable, statutory simple interest is 8 percentage points above the applicable Bank of England reference rate. Fixed compensation is £40 for a debt below £1,000, £70 from £1,000 to below £10,000, or £100 at £10,000 or more, only once per qualifying late payment, not per reminder/day. Excess reasonable recovery costs may be claimed only as the Act permits and without double recovery. We provide the calculation and basis, applying the legally applicable reference rate and start date rather than an invented current-day rate.
14.3 Consumers, instead of clause 14.2: there is no contractual late-payment interest, commercial statutory interest, £40/£70/£100 compensation, compound interest or automatic reminder/admin fee. A court may award lawful interest/costs, but all legal/recovery costs are not automatically payable. We investigate genuine disputes fairly; the warning/suspension safeguards in clause 6 apply.
15. Client dependencies, changes and fault correction
15.1 The scope identifies essential input/access, each party's tasks, lawful start, target dates, any essential deadline and whether quoted days are calendar or working days. Consumer work waits until cooling-off ends unless separately requested early in writing under clause 1 and the cancellation pack; payment/sign-off alone is not that request.
15.2 If essential input is missing we explain what is needed and the actual effect, discuss a reasonable revised schedule and continue independent work where reasonably possible. There is no unlimited automatic extension or inactivity/restart penalty. We keep the weekly build updates, including content waits. We follow clause 6's specific prolonged-input warnings, not deemed acceptance/forfeiture. Client delay does not excuse our unrelated failures. We explain our own delay promptly and preserve remedies; silence does not agree a new date.
15.3 Cove includes one discretionary change round; Harbour, Headland, Atlantic and Custom include two. A round is one consolidated feedback list on an identified preview. We record rounds/changes and explain out-of-scope new pages/features/materially different briefs even if a round remains.
15.4 Extra discretionary edits are £35/hour or an expressly agreed specific add-on price. Before work we identify the task, fixed price or estimate/capped authorised hours, effect on dates/care and obtain express written customer agreement. We do not exceed a cap or add ongoing fees without further agreement. Silence or our internal approval is not customer approval. Sign-off itself triggers no extra charge. Correcting our errors, delivering original promises and statutory remedies is not an extra and consumes no discretionary round/care allowance. Later changes to correctly implemented client information may use the agreed care/extra-edit arrangements.