Our contract policy and operational guidelines governing client projects.
These Terms and Conditions ('Terms') constitute a legally binding agreement between Smart Digital Tech Access ('we', 'us', 'our', 'the Company') and you, the individual, company, or other legal entity entering into a service agreement ('Client', 'you', 'your').
By accepting a proposal, signing a service agreement, paying a deposit, or instructing us to commence work, you agree to be bound by these Terms, together with our Privacy & Data Protection Policy and Payment Policy. If you do not agree to these Terms, you must not engage our services.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Smart Digital Tech Access offers the following digital services, each subject to these Terms unless a specific service-level agreement provides otherwise:
The specific scope, deliverables, timeline, and fees for each project or engagement will be set out in a written proposal or service agreement provided to you by Smart Digital Tech Access.
A project commences when you formally accept our written proposal by any of the following means:
Once a project is accepted, the agreed scope of work, timeline, and fees are binding. Variations to the agreed scope must be agreed in writing (see Section 3.5 — Variations).
Proposals are valid for 30 days from the date of issue and will lapse if not accepted within this period. Re-issued proposals may reflect updated pricing.
You agree to provide the following in a timely manner to enable us to deliver our services:
You warrant that all Client Materials provided to us are owned by you or that you have obtained all necessary licences, rights, and permissions required for us to use them in connection with your project. You indemnify us against any claims, losses, or damages arising from any infringement of third-party intellectual property rights caused by Client Materials.
We will not be liable for any delays or deficiencies in our services caused by your failure to meet your responsibilities under this Section.
Any request to change the agreed scope of work after the project has commenced is a 'Variation'. All Variations must be agreed in writing prior to implementation. We will provide a written estimate of any additional fees and/or timeline impact resulting from a Variation.
Examples of Variations include, but are not limited to: adding additional pages, features, or functionality beyond the original brief; requesting a redesign of work already approved; changing the project brief or direction substantially; and requesting additional revisions beyond those included in the original project scope.
We reserve the right to invoice separately for Variation work at our standard or quoted hourly rates. Work on a Variation will not commence until you have confirmed your acceptance of the additional cost and timeline in writing.
Each project proposal will specify the number of revision rounds included within the quoted fee. Standard revision inclusions are:
A 'revision' means minor amendments to the approved design direction, such as copy adjustments, colour tweaks, or layout refinements. Requests that substantially change the direction or concept of approved work will be treated as Variations under Section 3.5.
Additional revision rounds beyond those included in the agreed scope will be charged at our current hourly rate as quoted at the time of the request.
Upon delivery of final work, you will be given a review period (typically 5 business days) to provide your written approval. Failure to respond within this period will be deemed acceptance of the work as delivered.
Project timelines will be agreed and set out in the project proposal. Timelines are estimates and are contingent upon:
We will notify you promptly of any anticipated delays to agreed delivery dates. We will not be liable for delays caused by your failure to provide required information, feedback, or approvals within agreed timeframes. Time is not of the essence of this contract unless expressly stated as such in the project proposal.
Unless expressly agreed otherwise in writing, the following intellectual property provisions apply:
No intellectual property rights are transferred until all outstanding invoices have been paid in full. Until that time, we grant you a limited, non-exclusive, revocable licence to use the deliverables solely for the purposes of reviewing and providing feedback on the work.
Each party agrees to treat as confidential all Confidential Information received from the other party, and not to disclose such information to any third party without prior written consent, except as required by law or regulation.
'Confidential Information' means any information that is designated as confidential, or which ought reasonably to be understood to be confidential by its nature, including but not limited to business strategies, client data, financial information, pricing, project briefs, and proprietary materials.
This obligation of confidentiality survives termination of the agreement for a period of five years. It does not apply to information which is or becomes publicly available through no fault of the receiving party, or which was known to the receiving party prior to disclosure.
We warrant that:
You warrant that:
Except as expressly set out in these Terms, all warranties, conditions, and other terms implied by statute or common law are excluded to the maximum extent permitted by law.
Nothing in these Terms shall exclude or limit either party's liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other matter which cannot lawfully be excluded or limited.
Subject to the above, our total aggregate liability to you for any loss or damage arising out of or in connection with these Terms (whether in contract, tort, negligence, breach of statutory duty, or otherwise) shall not exceed the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim.
We shall not be liable for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or loss of business opportunity, even if we have been advised of the possibility of such damages.
We do not guarantee that our services will achieve any specific business results, search engine rankings, advertising conversion rates, or other performance metrics. Any projections or estimates provided are illustrative only and are not a guarantee of future performance.
Either party may terminate a project or ongoing service agreement in accordance with the following provisions:
Upon termination: All outstanding invoices for work completed up to the date of termination become immediately due and payable. Each party will promptly return or securely destroy the other party's Confidential Information, except where retention is required by law. Intellectual property rights in completed deliverables will transfer to you only upon receipt of full payment of all sums due. Termination of this agreement shall not affect any rights, obligations, or liabilities that have already accrued as at the date of termination.
Our services may involve the use of, or integration with, third-party platforms, software, or services (including but not limited to Google, Meta, WordPress, Wix, Webflow, Shopify, Stripe, and others). You acknowledge that:
Neither party shall be liable for any failure or delay in performing its obligations under this agreement to the extent that such failure or delay is caused by circumstances outside its reasonable control, including but not limited to: acts of God, natural disasters, pandemic or epidemic, acts of government or public authority, war, civil unrest, power outages, internet service disruptions, or third-party platform outages.
The affected party must notify the other promptly of any Force Majeure event and its expected duration, and must use all reasonable endeavours to mitigate the effects of the event. If a Force Majeure event continues for more than 30 days, either party may terminate the affected part of the agreement by written notice, with no further liability to either party beyond amounts already due.
We are committed to providing a high standard of service. If you have a complaint about any aspect of our services, please contact us in the first instance at hello@sdtaccess.co.uk, setting out the nature of your complaint in writing.
We will acknowledge your complaint within 2 business days and aim to provide a full response within 10 business days. If we are unable to resolve the complaint within 10 business days, we will keep you informed of our progress and provide an estimated resolution date.
If a dispute cannot be resolved amicably, either party may seek resolution through mediation before resorting to litigation. We are willing to participate in good-faith mediation through a mutually agreed mediator or an accredited Alternative Dispute Resolution (ADR) provider.
These Terms, together with any applicable project proposal, service agreement, and our Privacy & Data Protection Policy and Payment Policy, constitute the entire agreement between the parties in relation to their subject matter and supersede all prior agreements, representations, and understandings, whether written or oral.
No variation to these Terms shall be effective unless agreed in writing and signed by authorised representatives of both parties.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Smart Digital Tech Access
London, United Kingdom
Email: hello@sdtaccess.co.uk
Telephone: +44 7311 477017
Website: www.sdtaccess.co.uk
These policies comply with UK GDPR, Data Protection Act 2018, Consumer Rights Act 2015, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and the Late Payment of Commercial Debts (Interest) Act 1998.