1. About us and these term

1.1 These terms apply to all services supplied by SUX Digital Ltd, trading as Scottish UX, a company registered in Scotland (company number SC845859) with its registered office at 13 Oronsay Crescent, Bearsden, G61 2EU (“we”, “us”, “our”). “You” means the business buying our services.

1.2 You accept these terms when you sign a proposal, make a payment or ask us to start work, whichever happens first.

1.3 We supply services to businesses only. By using our services you confirm you are acting for business purposes and not as a consumer.

1.4 Your proposal or statement of work sets out the services, fees and any specific arrangements. If it conflicts with these terms, the proposal takes priority on that point only.

1.5 We may update these terms by giving you 30 days’ notice by email. If you continue using our services after that, the updated terms apply.

1.6 Our services include UX design, website design and build, SEO, social media and content creation, email marketing and ecommerce support. We build websites on established platforms such as WordPress and Shopify.

2. Contract length and cancellation

2.1 Our monthly services run on a rolling monthly basis from your start date until either of us cancels.

2.2 Either of us can cancel by giving at least 30 days’ written notice. Email to lewis@scottishux.co.uk counts as written notice. Notice takes effect from the day we receive it.

2.3 Final payment. Cancelling does not stop your next payment. Once you give notice, one further monthly payment is due and will be taken on your next scheduled payment date. This covers your notice period and the work we carry out during it. Your services continue until the end of the period covered by that final payment.

2.4 You must not cancel your card, Stripe payment, standing order or any other payment method, or raise a chargeback or payment dispute, to avoid the final payment. If the final payment fails, is cancelled or is reversed for any reason, the full amount remains a debt owed to us. It is payable within 7 days of our invoice, and section 3.5 (late payment) applies.

2.5 We may recover any unpaid sums, including the final payment, through a debt collection agency or the courts. You will be responsible for our reasonable recovery costs.

2.6 We may end our services immediately by email if you: fail to pay any amount within 14 days of its due date; seriously or repeatedly breach these terms; become insolvent or stop trading; or act abusively or threateningly towards our team or freelancers.

2.7 Payments already made are non-refundable, including for any part of a month after cancellation.

2.8 When our services end, and once all sums owed have been paid, we will hand over any logins, files and deliverables you own and remove our access to your accounts. You should change any passwords you shared with us.

3. Fees and payment

3.1 Monthly fees are paid in advance by recurring payment through Stripe. By setting up payment, you authorise us to take each monthly payment, including the final payment under section 2.3, from the payment method on file.

3.2 Your monthly fee covers an agreed amount of our time each month, as set out in your proposal. Work beyond your monthly time will be scheduled into a later month, or charged at our hourly rate if you agree in advance.

3.3 Our fees exclude VAT, which will be added where it applies. We may change our fees by giving you 30 days’ notice by email.

3.4 Third-party costs such as ad spend, hosting, domains, plugins, apps, software subscriptions and stock images are paid by you unless your proposal says otherwise.

3.5 Late payment. If any payment is late, we may charge interest and fixed compensation under the Late Payment of Commercial Debts (Interest) Act 1998, currently 8% a year above the Bank of England base rate. We may also pause all work until the account is up to date. Fees continue to fall due while work is paused, and we are not responsible for any impact the pause has on your business.

4. Your responsibilities and approvals

4.1 You will give us accurate information, access, content and feedback when we need it. We are not responsible for delays or poorer results caused by late or incomplete information from you.

4.2 You confirm that you own, or have permission to use, any material you give us, including logos, images, text, product details and customer testimonials. You will cover any claims, costs or losses we face if that is not the case.

4.3 If photos or videos include your staff, customers or members of the public, you are responsible for getting their permission for the content to be used.

4.4 Social media. We will not publish social media posts without your approval. Once you approve a post, you are responsible for its content, including accuracy, claims about your products or services, and compliance with any laws or industry rules that apply to your business.

4.5 Website work. We will let you know when website work is complete. You have 5 working days to tell us about any problems. After that, the work is treated as accepted. We may carry out routine maintenance, such as security patches, plugin updates and minor fixes, without asking first.

4.6 If you do not respond to a request for approval or feedback within 5 working days, we may pause that piece of work. Any agreed dates will move accordingly, and fees remain payable.

4.7 You are responsible for your business’s legal and regulatory compliance, including advertising standards, pricing, consumer rights, privacy notices and cookie consent, unless we have specifically agreed in writing to provide advice on these.

4.8 Revisions, changes and new requests are carried out within your monthly time. We will let you know if a request is likely to take more time than you have available.

5. Social media, reviews and third-party platforms

5.1 We are not responsible for how the public reacts to content you have approved, including comments, shares, complaints, negative reviews, loss of followers or harm to your reputation.

5.2 Platforms such as Google, Meta, TikTok, LinkedIn, Shopify and WordPress control their own rules, algorithms and systems. They can change these, reject ads or content, or restrict or suspend accounts at any time. We are not responsible for any of these actions or their effects, unless they result directly from us knowingly breaking a platform’s rules.

5.3 Reviews left about your business by your customers or others are outside our control. We will never write or post fake reviews on your behalf.

5.4 If you are unhappy with our work, please tell us first so we have a fair chance to put it right. We welcome honest feedback and reviews. We reserve our rights over any public statement about us that is false or misleading.

5.5 We may use trusted freelancers and subcontractors, such as photographers and content creators, to deliver our services. We remain responsible for their work under these terms.

6. Websites, access and technical issues

6.1 We will take reasonable care when working on your website and accounts, and will take a backup before major changes where the platform allows.

6.2 If our work causes a fault on your website, we will fix it at no extra cost as quickly as we reasonably can. This is your main remedy for any such fault, subject to section 7.

6.3 We are not responsible for problems caused by: third-party plugins, themes, apps, booking tools, payment gateways or integrations; third-party platform changes, discontinued features or price increases; hosting providers; platform or software updates; changes made by you, your staff or other developers; hacking, malware or cyber attacks we could not reasonably prevent; or events outside our control.

6.4 We do not guarantee that your website will be available without interruption or free of errors.

6.5 You should always keep your own admin access to your website, domain, hosting and social accounts. Unless we have agreed in writing to manage backups for you, you are responsible for keeping your own backups.

6.6 Where we arrange hosting or other services through a third party, that provider’s terms also apply, and we are not responsible for their availability or performance.

6.7 For online shops, you are responsible for checking your prices, stock levels, product information, delivery settings, tax settings, payment gateway and orders.

6.8 Updates, security and fixes to your website are only covered while you have an active monthly plan with us. Once your plan ends, we are no longer responsible for maintaining your website.

7. Results, liability and insurance

7.1 We do not guarantee any particular results, including search rankings, AI search visibility, traffic, leads, sales, engagement or followers. These depend on factors outside our control, such as search engine and platform changes, competition and market conditions.

7.2 We are not liable for any loss of profit, sales, revenue, business, contracts, goodwill, reputation or data, or for any indirect or consequential loss, however it arises.

7.3 Our total liability to you for all claims arising in any 12-month period is limited to the total fees you paid us in the 12 months before the claim arose.

7.4 Any claim must be raised with us in writing within 6 months of you becoming aware of the issue.

7.5 Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited or excluded by law.

7.6 We hold professional indemnity insurance and cyber insurance with Hiscox, each with £100,000 of cover. Details are available on request.

7.7 We are not responsible for any delay or failure caused by events outside our reasonable control, such as illness, power or internet failures, platform outages, cyber attacks or severe weather.

8. Ownership, confidentiality, data and general terms

8.1 Ownership. Once you have paid in full, you own the final deliverables we create specifically for you, such as designs, copy, photos and content. Until then, they remain ours. We keep ownership of our own tools, templates, code, processes and know-how, and you may use any that form part of your deliverables for your business. Third-party assets, such as fonts, plugins, themes and stock images, remain subject to their own licence terms.

8.2 We may show work we have done for you in our portfolio and marketing unless you ask us in writing not to.

8.3 Use of AI. We use AI tools to support our work, including research, content drafting and analysis. All AI-assisted work is reviewed and edited by us before it is sent to you, and your approval process under section 4 still applies. We take care to protect your confidential information when using these tools.

8.4 Confidentiality. Each of us will keep the other’s confidential business information private and only use it to deliver or receive the services.

8.5 Data protection. Both of us will comply with UK data protection law. Where we handle personal data on your behalf, we do so only on your instructions and will keep it secure.

8.6 Our team. During our work together and for 6 months afterwards, you will not directly hire or engage any of our staff or freelancers who worked on your account without our agreement.

8.7 General. These terms and your proposal form the whole agreement between us. If any part of these terms is found to be unenforceable, the rest still applies. If we do not enforce a right straight away, we can still enforce it later. Nobody other than you and us has any rights under these terms.

8.8 Governing law. These terms are governed by the law of Scotland, and the Scottish courts have exclusive jurisdiction over any dispute.