Conditions d'utilisation

1. Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the website located at atomicdigitalagency.co.uk (the "Site") and any services offered by Atomic Digital Agency ("we", "us", "our"), a digital agency headquartered in Leicester, United Kingdom.

By accessing the Site, submitting an enquiry, booking a discovery call, or engaging Atomic Digital Agency for any service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not accept these Terms in full, you must not use the Site or our services.

2. Definitions

• "Agency" / "we" / "us": Atomic Digital Agency, Leicester, UK.
• "Client" / "you": any individual or organisation that accesses the Site or engages our services.
• "Services": all digital agency services we provide, including but not limited to web design and development, mobile application development, e-commerce solutions, search engine optimisation (SEO), pay-per-click (PPC) advertising, social media marketing, branding and visual identity, and data analytics.
• "Project": a specific, agreed scope of work described in a Proposal, Statement of Work (SOW), or signed contract.
• "Deliverables": tangible outputs produced by us under a Project, such as website files, design assets, reports, or source code.
• "Proposal": a written document (digital or physical) setting out the scope, timeline, and fees for a Project.
• "Content": any text, images, video, data, or other material provided by you to us for use in a Project.

3. Use of the Website

The Site is provided for informational purposes and to facilitate engagement with our services. You agree to use it only for lawful purposes and in a manner consistent with these Terms. You must not:

• Attempt to gain unauthorised access to any part of the Site, its servers, databases, or connected systems.
• Upload, transmit, or distribute any malicious code, viruses, ransomware, spyware, or any other harmful software.
• Scrape, harvest, or systematically extract data from the Site using bots, crawlers, or automated tools without our prior written consent.
• Reproduce, duplicate, copy, resell, or exploit any portion of the Site or its content for commercial purposes without our express authorisation.
• Post, transmit, or share abusive, harassing, defamatory, discriminatory, or unlawful content via any contact form, chat, or booking interface on the Site.
• Attempt to reverse-engineer, decompile, or disassemble any software or functionality underlying the Site.
• Impersonate any person or entity, or misrepresent your affiliation with a person or organisation.

We reserve the right to restrict or terminate access to the Site for any user who violates these rules, without notice and without liability.

4. Our Services

The content on this Site — including descriptions of services, portfolios, case studies, and estimated outcomes — is provided for general information only and does not constitute a binding offer. Specific engagements are governed exclusively by a signed Proposal or contract agreed between you and Atomic Digital Agency.

Our core services include:

• Web Design & Development: custom websites, landing pages, and web applications built using modern frameworks such as React, Laravel, and Node.js, tailored to your brand and business goals.
• Mobile Application Development: native iOS and Android applications and cross-platform solutions using React Native, optimised for performance and app store discoverability (ASO).
• E-commerce Solutions: full-featured online stores on Shopify, WooCommerce, and bespoke platforms, including product catalogue setup, payment gateway integration, and inventory management.
• Digital Marketing: SEO strategies, content marketing, PPC campaign management (Google Ads, Meta Ads), and social media management designed to drive qualified traffic and measurable ROI.
• Brand Identity: logo design, visual identity systems, brand strategy, style guides, and creative direction that differentiate your business in the market.
• Analytics & Reporting: Google Analytics setup, custom dashboards, conversion rate optimisation (CRO) analysis, and actionable insights reports.

All service scopes, deliverables, fees, and timelines are agreed in writing before work commences. Verbal agreements are not binding unless confirmed in writing by an authorised representative of the Agency.

5. Proposals, Contracts, and Project Changes

A Proposal issued by Atomic Digital Agency remains valid for 30 days from the date of issue unless otherwise stated. Acceptance of a Proposal (by written confirmation, digital signature, or payment of an initial deposit) constitutes formation of a binding contract for the stated Project.

Any changes to an agreed Project scope ("change requests") must be requested in writing. We will provide a written estimate of any additional cost and timeline impact before proceeding. We reserve the right to charge for time spent evaluating material change requests, and we are not obliged to implement changes that are outside the agreed scope until a new or amended Proposal is accepted.

Rush or expedited work requested outside normal timelines may incur an expedited service premium, which will be disclosed in advance.

6. Payment Terms

Unless otherwise agreed in writing:

• A deposit of 50% of the total Project fee is required before work commences.
• The remaining balance is due on Project completion, prior to final handover of Deliverables or website launch.
• For retainer or ongoing service agreements, invoices are issued monthly in advance and are payable within 14 days of issue.
• All fees are stated in British Pounds Sterling (GBP) and exclude VAT unless explicitly stated otherwise.

Late payments accrue interest at 8% per annum above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998. We also reserve the right to suspend work and withhold Deliverables until outstanding invoices are settled in full.

We do not store card details. All card transactions are handled by our PCI-DSS-compliant payment processor.

7. Client Responsibilities

The timely delivery and quality of our work depends on your co-operation. You agree to:

• Provide all required Content, brand assets, access credentials, and information promptly and to the standard described in the Proposal.
• Designate a single point of contact with authority to approve decisions, provide feedback, and sign off on Deliverables.
• Provide consolidated, written feedback within the review periods stated in the Proposal. Feedback received after a review deadline may delay the Project timeline at no cost to us.
• Ensure that all Content you provide does not infringe third-party intellectual property rights, contain unlawful material, or violate any applicable law or regulation.
• Maintain the confidentiality of any login credentials we provide and notify us immediately if you suspect unauthorised access.

Delays caused by failure to meet your responsibilities may result in revised timelines and, where applicable, additional fees. We will notify you in writing if such delays have a material impact on the Project.

8. Intellectual Property

8.1 Deliverables

Upon receipt of full payment for a Project, we assign to you all intellectual property rights in the final, approved Deliverables specifically created for that Project, to the extent such rights are assignable. This assignment does not include underlying frameworks, libraries, tools, pre-existing code, or third-party components, which remain subject to their own licences.

8.2 Our Pre-existing IP

We retain ownership of all pre-existing intellectual property, including our proprietary frameworks, code templates, design systems, processes, and methodologies. We grant you a non-exclusive, perpetual, royalty-free licence to use any such pre-existing IP incorporated into your Deliverables solely in connection with your business use of those Deliverables.

8.3 Client Content

You retain ownership of all Content you provide to us. You grant us a limited licence to use that Content solely to fulfil the Project. We will not use your Content for any other purpose without your prior written consent.

8.4 Portfolio

Unless you expressly request otherwise in writing, we reserve the right to display completed work in our portfolio, case studies, and marketing materials as examples of our capability.

8.5 Site Content

All content on this Site — including text, graphics, logos, images, and code — is the property of Atomic Digital Agency or its licensors and is protected by UK and international copyright law. You may not reproduce, distribute, or create derivative works from any Site content without our prior written permission.

9. Confidentiality

Each party agrees to keep confidential all non-public information disclosed by the other party in connection with a Project ("Confidential Information"), including business plans, financial information, technical specifications, and client data. Neither party will disclose Confidential Information to third parties without the other party's prior written consent, except as required by law or to authorised sub-processors under appropriate confidentiality obligations.

This obligation survives termination of any contract for a period of 5 years.

10. Cancellation and Termination

Either party may terminate a Project by providing written notice. The following applies:

• If you cancel a Project after work has commenced, you are liable for all work completed to the date of cancellation, billed at our standard day rate, plus any third-party costs already incurred on your behalf. Initial deposits are non-refundable.
• If we terminate a Project due to your material breach (including non-payment or failure to provide required inputs), any deposit paid is forfeited and you remain liable for work completed to the termination date.
• If we terminate for reasons other than your breach, we will refund a pro-rated portion of any pre-paid fees for work not yet completed.

For ongoing retainer agreements, either party may terminate with 30 days' written notice unless otherwise stated in the agreement.

11. Warranties and Representations

We warrant that:

• We will perform the Services with reasonable skill and care, in accordance with industry standards.
• The Deliverables we create will be original works or will incorporate third-party materials under appropriate licences.
• We hold appropriate professional indemnity insurance for our agency activities.

We do not warrant that:

• Any digital marketing or SEO service will achieve specific rankings, traffic levels, or revenue targets. Results depend on many factors outside our control, including search engine algorithm changes.
• The Site will be error-free, uninterrupted, or free from viruses or other harmful components at all times.
• Any third-party platforms, tools, or APIs we integrate will remain available or unaltered by their providers.

All other warranties, express or implied, are excluded to the fullest extent permitted by law.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• Atomic Digital Agency's total aggregate liability to you in connection with any Project shall not exceed the total fees paid by you to us for that specific Project in the 12 months preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profit, loss of revenue, loss of business, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law under the Consumer Rights Act 2015 or other applicable UK legislation.

13. Third-Party Services and Links

We may recommend, integrate, or link to third-party services, platforms, or tools (such as Shopify, Google Workspace, Meta Ads, Mailchimp, or Stripe) in the course of delivering our services. These third-party services are governed by their own terms and privacy policies. We are not responsible for the performance, availability, security, or conduct of any third-party service provider.

Where we act as your authorised representative in managing third-party advertising accounts, hosting environments, or software subscriptions, any platform fees, media spend, or subscription costs are your direct responsibility and are separate from our agency fees unless otherwise agreed.

14. Indemnification

You agree to indemnify, defend, and hold harmless Atomic Digital Agency, its directors, employees, contractors, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms.
• Your use of the Site or our Services in violation of applicable law.
• Any Content you provide to us that infringes third-party intellectual property rights or is otherwise unlawful.
• Any claim by a third party arising from your use of Deliverables we have provided to you.

15. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, civil unrest, government action, power outages, internet infrastructure failures, or third-party platform outages. The affected party must notify the other in writing as soon as reasonably practicable.

16. Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Both parties agree to attempt to resolve any dispute through good-faith negotiation before resorting to formal legal proceedings. If a resolution cannot be reached within 30 days of written notice of a dispute, either party may refer the matter to mediation or commence proceedings in the courts of England and Wales, to whose exclusive jurisdiction both parties submit.

17. Changes to These Terms

We reserve the right to amend these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. For active project engagements, the Terms in force at the time of contract formation will continue to apply unless both parties agree in writing to adopt updated Terms.

Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes.

18. Severability and Entire Agreement

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect. These Terms, together with any signed Proposal or contract, constitute the entire agreement between you and Atomic Digital Agency with respect to its subject matter and supersede all prior agreements, representations, or understandings.

19. Contact Us

For any questions or concerns regarding these Terms, please contact us:

• Email: info@atomicdigitalagency.co.uk
• Phone: +44 7729 411 426
• Address: Atomic Digital Agency, Leicester, United Kingdom

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