About this agreement
These Terms of Business, together with the Proposal we provide for your specific project, form the agreement between Eskdale Solutions ("we", "us") and you ("the Client"). The Proposal sets out the services and charges for your project; these terms set out how we work together, who's responsible for what, and what happens if something goes wrong. You accept these terms by returning a signed Proposal, or by asking us to proceed with work.
Eskdale Solutions' primary offices are at Fairways, Loanwath Road, Gretna, DG16 5ES, with a second office in Carlisle, Cumbria.
What each of us agrees to
You agree to provide the information, access and materials we reasonably need, in good time; to give timely, clear feedback and sign-off; to keep to the agreed payment schedule; and to make sure anything you supply us (text, images, video, logins) is accurate and that you have the right to use it.
We agree to carry out the work with reasonable skill and care, in line with industry practice; to keep you updated; and to do our best to meet agreed timescales and milestones.
Timescales
Any timescale we give is an estimate, dependent on you providing the information and materials we ask for promptly — we'd normally expect a response within five working days. If we haven't received what we need within twenty working days, we may need to pause the project to make room for other client work; this can extend the overall timeline and, where restarting the project requires meaningful extra administration, may incur an additional charge.
Content, copy & materials you provide
Unless it's specifically part of the Proposal, we're not responsible for writing your website copy or sourcing every image. Where you're supplying content, please send text electronically (Word, Google Docs or plain text) rather than as scans or hard copy — reformatting handwritten or badly-formatted copy is charged at our standard hourly rate. Professional copywriting and photography can be quoted separately if you'd like us to handle it. You're responsible for making sure you hold the necessary rights or licences for anything you supply to us.
Design sign-off
For website projects we'll share visual designs for your review before moving into build; for branding and print work, designs are shared for approval before production. We need written sign-off before proceeding to the next stage. Changes requested after sign-off are treated as revisions (see below), since earlier-stage changes are quicker and cheaper to make than changes to a built site or printed material.
Changes & revisions
Small, incidental changes during a project are part of the normal back-and-forth of getting things right. Changes requested after a stage has been signed off, or that go beyond the original brief, are estimated separately and billed in addition to the Proposal. If you decide to end a project partway through, you'll be charged in full for work already completed, plus any costs we've reasonably committed to on your behalf.
Our content management system & code
Websites we build run on our own content management system and development frameworks, kept up to date and secure by us. As part of your agreement with us, you're licensed to use this system for your website, but copying, extracting or reusing our underlying code or platform outside of your own site — or handing it to another agency to build on — isn't permitted without a separate written agreement. We reserve the right to reuse general-purpose code, components and design elements we've developed across other client projects.
Hosting
Where we host your website or email, hosting runs as a monthly rolling arrangement, payable in advance, and can be cancelled by either party with 30 days' written notice. Our managed hosting includes regular backups, server maintenance and security updates. Problems caused by something outside our hosting environment — a compromised password, a third-party plugin, accidental deletion by you or your team — are chargeable at our standard hourly rate to investigate and fix. If you move hosting elsewhere, we'll cooperate with the transfer, including providing backups; see "Transferring away" below for the detail.
Domain names
Any domain name we register on your behalf is registered in your name. We'll transfer a domain to a provider of your choice on request, once any outstanding charges (including reasonable transfer costs and any fees levied by the domain registry) are settled.
Search engine optimisation & digital marketing
We don't guarantee search engine rankings or ad performance — search engines and ad platforms control their own results, and no agency can promise a particular position. Where SEO or digital marketing is part of your Proposal, we'll set up analytics and search console tracking (ideally under your own Google account, so you retain full ownership and access) and report against the goals we've agreed with you.
AI, 3D & security systems — a few specifics
Where we build or configure AI tools (chatbots, AI receptionists, automation) on your behalf, you understand that AI-generated output isn't guaranteed to be error-free, and outputs used in customer-facing or business-critical contexts should be reviewed by you before relying on them. For 3D and immersive web work, browser and device support for 3D/AR features varies, and we'll agree the target platforms with you up front. Where we install CCTV, cameras or access control systems, you're responsible for complying with UK surveillance and data protection law for the areas you monitor (including appropriate signage and access to footage) — we're happy to advise, but compliance for your specific premises is your responsibility as the data controller for that footage.
Data protection
Where we process personal data on your behalf as part of a project (for example, running a booking system or mailing list for you), we'll handle it in line with UK GDPR and, where appropriate, put a data processing agreement in place. See our Privacy Policy for how we handle data collected through this website.
Intellectual property rights
You keep the rights to any text, images, logos or data you supply to us, and warrant that you're entitled to use them; you'll indemnify us against any claim that they infringe someone else's rights. Once you've paid in full for a project, we assign to you the rights in the final design and visual elements we created specifically for it (excluding our underlying platform, code and any third-party or stock material, which is separately licensed). We retain rights to design concepts we developed but that weren't chosen, and to our own general design language, frameworks and pre-existing intellectual property.
Liability
We carry out work to the standard expected of a suitably qualified professional, but we can't guarantee it will be completely free of errors, and we're not liable for indirect or consequential losses such as loss of profits or business. Please review your finished website, design or system carefully — let us know about any issues within 14 days of it going live or being delivered. Issues reported after that point, or that amount to a change from what was originally agreed, may be chargeable.
Charges & payment
All charges are quoted in Pounds Sterling and are normally subject to VAT at the applicable rate (currently 20%). A non-refundable deposit is due once you accept a Proposal, and work begins once we've received it. Invoices are payable within 7 days of the invoice date. If payment is late, we may charge interest at 4% per year above our bank's base rate (in line with the Late Payment of Commercial Debts (Interest) Act 1998), and may suspend services if an invoice remains unpaid 30 days after its due date.
Suspension & termination
We may suspend or end services, on written notice, if payment is significantly overdue, if you're in material breach of these terms, or in certain insolvency situations. You can cancel an ongoing agreement by giving us one month's written notice; we'll invoice you for work completed beyond the deposit already paid. Once services end, we keep files, databases and related content for 10 days before deletion — if you need access restored after that, a reactivation charge applies to cover administration.
Transferring away from Eskdale Solutions
If you'd like to move your website elsewhere, we'll provide a full backup once any outstanding charges are settled — £90 to prepare and email a copy, with a £50 surcharge if it needs to go on physical media by post. We can't be held responsible for the setup, functionality, security or performance of your site once it's no longer hosted with us.
Sharing our work
Unless you've asked us in writing not to, we may reference and display work we've done for you — including sketches, work-in-progress and the finished project — in our own portfolio, website, social media and marketing material.
Governing law
These terms, and any dispute arising from them, are governed by Scots law, and both parties submit to the non-exclusive jurisdiction of the Scottish courts.
Changes to these terms
We may update these Terms of Business from time to time; the current version always applies to new agreements, and we'll flag material changes to active clients where they affect an ongoing project.
Contact
Questions about these terms? Email solutions@eskdale.net or call 07949 468 355.