1.1 Digital Alchemy is the trading name of Minto Branding Limited, a company incorporated in Scotland with registered number SC159788.
1.2 In these terms and conditions (‘you’ and ‘your’) means you the client, (‘we’ ‘us’ and ‘our’) means Digital Alchemy
2.1 By purchasing a Monthly subscription, you agree to an initial and recurring Monthly Subscription Fee at the then current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription.
2.2 You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
2.3 Subscription rates are payable monthly in advance, with a minimum term of 12 months, thereafter, turning into a rolling monthly contract.
2.4 If payment is not made within 30 days of the direct debit date, all services will be suspended pending review by our management.
2.5 We will use PayPal as a third-party vendor to set up the direct debit and collect monies from you, you will therefor agree to PayPal’s own Terms & Conditions. It is your responsibility to read and understand them.
3.1 You must have been subscribed for at least one month and are up to date with your payments.
3.2 If you choose to move to a higher subscription plan, once we confirm the move, from your next bill date you will pay the higher monthly subscription charge for the rest of your minimum term.
3.3 Your minimum term will not change, and the end date will remain the same as on your existing subscription. If you wish to downgrade your subscription this can only be done after the minimum term.
4.1 Depending on the Monthly Subscription you are on, you may have a certain number of hours allocated for us making changes, updates etc.
4.2 We will inform you if you are about to go over your allocated number of hours, we won’t charge you anymore if you reach your allocated number of hours, but we won’t be able to make changes, updates etc. on your behalf.
4.3 For us to continue to do this you will need to either move to a higher price subscription (see above) or we can make the changes/updates based on an hourly rate of £75.00 + VAT per hour until your next bill date, which must be paid for in advance, if for some reason we don’t use all the additional hours, please refer to ‘unused hours’ outlined below
5.1 In the event you do not use any or all your allocated hours in any given month, they will not be carried over the following month but are still chargeable.
5.2 There will be no refunds issued for partial months of service, partial additional hours purchased or for months where the Services were unused.
6.1 Once you have purchased the Monthly Subscription, we will automatically process your Monthly Subscription fee at the next billing date.
6.2 We will continue to automatically process your Monthly Subscription fee each month at the then current subscription rate, until you cancel your subscription.
6.3 Full details of how to cancel your Monthly Subscription can be found in the “cancellation policy” section.
7.1 If you do not pay your subscription fee, we will contact you to let you know.
7.2 We may refer any missed payments to a debt collection agency.
7.3 If you do not pay your subscription fees for more than 30 days, we may at our discretion charge you an administration fee of £25. We may also charge you an administration fee of £10 for each missed payment.
7.4 If you do not pay for your subscription, we will be unable to maintain your website and/or social media channels.
7.5 If you want to change your direct debit mandate from one bank to another you can change this by either using your online account or by sending an email to firstname.lastname@example.org at least 10 working days prior to the next direct debit date. Failure to do so will result in the payment being requested from your existing bank account – should there be insufficient funds to cover the payment you may incur bank charges.
8.1 We reserve the right to increase prices of the subscriptions at any point during the term of your subscription. We will give you at least 30 days notice of any price changes.
8.2 We reserve the right to pass on in full any changes in the prevailing rate of Value Added Tax (VAT).
8.3 All prices are excluding VAT unless otherwise stated.
8.4 When a standard price increase is made, you are entitled to terminate the remainder of your membership by providing one month’s advance paid notice to us, within 14 days of receiving notice of the increase.
9.1 You may request to freeze your subscription by emailing email@example.com. Subscription may be frozen at our absolute discretion for a minimum of 1 month and a maximum of 12 months, such period to be agreed at the time of freezing the subscription.
9.2 A charge of £25.00 per month will be levied for the duration of the freeze period.
9.3 Full subscription fees will be re-instated and will commence from the agreed commitment to return date received from you.
9.4 Periods during which the subscription is frozen do not form part of the continued duration of the subscription and periods for
which the subscription is frozen will be added on to the contract term, extending the minimum term.
9.5 You must fully re-instate your subscription from frozen to active subscription before terminating your subscription, giving the required notice period as set out in clause 10.2
9.6 You will not be able to ask us to make changes, updates etc. during the freeze.
10.1 It is important for you to note that you cannot cancel or downgrade your subscription to another form of subscription during the minimum term.
10.2 You reserve the right to cancel the Monthly Subscription at any time after the minimum term, you must give us one full month’s advance paid notice.
10.3 To cancel your Monthly Subscription please send an email to firstname.lastname@example.org (It is your responsibility to ensure that the email address is correct).
10.4 If you cancel your subscription during the minimum term, all unpaid monthly instalments that are due or to fall due during the minimum term shall become immediately due and payable by you.
10.5 In the event that of an ‘act of god’ which means you won’t require the services for an extended period of time we reserve the right to bill as standard unless otherwise agreed with our management.
10.6 Once your cancellation has taken effect, your subscription will end, and we will surrender over any relevant details to you.
10.7 After your cancellation has taken effect and you wish to start up the Monthly Subscription again, you will be subject to the minimum term and any price increases that may have occurred.
10.8 Digital Alchemy reserve the right to waive the minimum term and any price increase for returning clients.
11.1 The physical property and intellectual property in any preliminary or completed work shall remain our property including ownership (copyright and title) of deliverables unless otherwise agreed in writing.
11.2 Original design/artwork/production files remain our property in perpetuity and we retain the right to use any and all products and/or services developed by us for display and self-promotional purposes, unless otherwise agreed/stated.
12.1 You shall be responsible for obtaining all necessary authority to reproduce copyright pictures, artwork, photographs, videos, stock library files and audio, text etc submitted to us for inclusion in any design work.
12.2 You agree to indemnify us and our agents from any claim arising from any breach of this condition.
13.1 It is your obligation to ensure that your contact details are up to date. Please ensure any changes to your postal or email address or telephone number are notified to us. We cannot be responsible for any communications that you do not receive because you did not update your contact details with us.
14.1 We may change the terms and conditions or the Services. If We do make these changes, we will give you written notice when we can before the change takes effect. We may also increase or decrease our prices. Your continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service.
15.1 We have no control over the policies of Facebook, Twitter, or LinkedIn. We have no say with respect to the type of content that social media channels accept now or in the future. It is your own responsibility to refer to each social media channels Terms and Condition pages for clarification.
15.2 You acknowledge that we make no guarantee that the Social Media Campaign will generate any increase in sales, business activity, profits or any other form of improvement for your business or any other purpose.
16.1 We reserve the right to refuse or remove any content that we determine to be offensive, inaccurate, unlawful, harmful from social media channels and/or websites maintained by us.
17.1 Technical support is only provided to named account holders and is only available during standard office hours, currently Monday-Friday 8am to 5pm GMT.
17.2 You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to maintain your social media channels and/or website
17.3 The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and us and governs your use of the Services, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to our ability to amend these Terms of Service, they cannot be changed.
17.4 If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
17.5 You may not assign these Terms of Service or any of your rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall ensure to the benefit of and be binding upon you and us and their respective successors (including any successor by reason of amalgamation) and assigns.
17.6 You agree that if you sue us and do not obtain judgment in your favour, you will pay all our costs, including reasonable fees for in-house and outside legal counsel.
17.7 These Terms of Service are governed by the laws of Scotland, without giving effect to any principles of conflicts of laws contained therein, and all disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in Scotland. These laws apply to your access to or use of the Services, notwithstanding your domicile, residency or physical location.
17.8 We make no representations whatsoever about any other websites or social media channels which you may be able to access through our website or which may link to our website. When you access any other area through our website you must understand that it is external from us and that we have no control over the content or availability of other sites.
17.9 In addition, if we link to another website from our website, this does not mean that we endorse or accept responsibility for the content, or the use of, such a website and we shall not be responsible for any loss or damage caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available through this site or through any other website linked to or from our own.