MNA Digital Terms & Conditions
Last Updated: 26/03/2026
These Terms and Conditions (“Terms”) form the agreement between MNA Digital, “the Agency”, “we”, “us”, or “our”), and the client (“you”, “your”) for the supply of marketing, design, and hosting services.
In these Terms:
“Agreement” means these Terms together with any Proposal, Statement of Work, or written correspondence between the parties.
“Services” means the work to be performed by the Agency, including (but not limited to) digital marketing, website design, hosting, and related consultancy.
“Deliverables” means the specific items, materials, or outputs the Agency agrees to produce.
“Client Data” means any data or content provided by you or collected through your systems that we may host, process, or have access to.
“Third-Party Provider” means a third party supplying hosting, software, or other services used to deliver our work.
The Agreement is formed when you accept a proposal, quote, or statement of work from us, whether in writing or by confirming via email or payment of a deposit.
Any changes or additional work must be agreed in writing.
We will carry out the Services with reasonable skill and care in accordance with the agreed proposal.
Any work not expressly included in the proposal will be treated as out of scope and may incur additional charges.
We may use subcontractors or third-party providers to deliver parts of the Services but remain responsible for their performance.
We do not guarantee any results as part of services carried out by any member of our team.
All results are subject to change without notice as result of 3rd party updates (e.g. Google algorithm updates, Domain provider changes, etc.)
All fees are quoted in GBP (£) and exclude VAT unless stated otherwise.
A non-refundable deposit may be required before work begins.
Invoices are due within 14 days of issue unless otherwise stated.
We reserve the right to suspend or terminate services if payment is overdue.
Late payments may incur interest under the Late Payment of Commercial Debts (Interest) Act 1998.
We reserve the right to review and adjust our fees from time to time to reflect increases in operational costs, third-party charges, inflation, or changes in the scope or complexity of the Services.
For ongoing or recurring Services (including but not limited to hosting, maintenance, retainers, and marketing services), we may increase fees on an annual basis or at any time by giving no less than 30 days’ written notice.
If you do not agree to the revised fees, you may terminate the affected Services by providing written notice before the new fees take effect. Continued use of the Services after the effective date shall constitute acceptance of the revised fees.
You agree to:
We shall not be responsible for delays or failures caused by your failure to fulfil these obligations.
If no communications or information is received within 60 days of the initial request from MNA Digital during a project timeline, the project will be deemed to be cancelled with no refund available.
We provide hosting services using reputable third-party infrastructure providers.
We shall use reasonable efforts to ensure uptime and security but do not guarantee uninterrupted availability.
Unless stated otherwise, we perform periodic backups and routine maintenance.
We are not liable for data loss or corruption unless caused by our negligence.
We may suspend hosting temporarily for maintenance, security, or non-payment. We will provide reasonable notice where possible.
Upon termination, we will provide an export or backup of hosted data within 14 days if requested where applicable. After this period, all hosted data may be deleted.
Both parties shall comply with all applicable data protection legislation, including the UK General Data Protection Regulation (“UK GDPR”), the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (“PECR”) (together, “Data Protection Law”).
For the purposes of Data Protection Law:
We may process personal data solely to provide the Services, including but not limited to:
Categories of personal data may include (depending on the Services):
Categories of data subjects may include the Client’s customers, prospects, website visitors, staff, and suppliers.
We shall process personal data only for the duration necessary to deliver the Services, unless retention is required by law or expressly requested by the Client.
We shall process personal data only on the instructions of the Client, unless required to do so by law.
If we believe an instruction infringes Data Protection Law, we shall inform the Client without undue delay.
We shall ensure that all personnel authorised to process personal data are subject to appropriate confidentiality obligations.
We shall implement appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure.
Such measures may include, where appropriate:
We may engage trusted third-party service providers (“Sub-processors”) to assist in delivering the Services, including providers of hosting, analytics, advertising platforms, CRM systems, communication tools, and lead-tracking software.
We shall:
The Client authorises the use of such Sub-processors as necessary to deliver the Services.
Some Sub-processors may process personal data outside the United Kingdom.
Where this occurs, we shall ensure that appropriate safeguards are in place in accordance with Data Protection Law, such as:
Taking into account the nature of processing, we shall assist the Client, where reasonably required, in fulfilling its obligations under Data Protection Law, including in relation to:
We shall notify the Client without undue delay after becoming aware of a personal data breach affecting personal data processed on the Client’s behalf and provide reasonable assistance in investigating and mitigating the breach.
The Client shall:
We are not responsible for the Client’s compliance obligations as Data Controller.
Upon termination of the Services, and subject to any legal retention obligations, we shall delete or return personal data processed on the Client’s behalf within a reasonable period, unless continued storage is required by law or requested by the Client.
You retain ownership of all materials and data you provide.
We retain ownership of any pre-existing materials, tools, templates, or code we use.
Upon full payment, we grant you a licence to use the final deliverables for their intended purpose.
You may not reuse or resell our proprietary materials without written consent.
Each party agrees to keep all confidential information secret and not disclose it to any third party, except as required by law or as necessary for the performance of the Services.
We warrant that we will perform the Services with reasonable skill and care.
Except as expressly stated, all other warranties (express or implied) are excluded to the fullest extent permitted by law.
We do not guarantee specific outcomes such as search rankings, traffic, or sales performance.
To the fullest extent permitted by law:
Our total liability for any claim arising from this Agreement shall not exceed the total fees paid by you for the relevant Services in the preceding three months.
We are not liable for indirect or consequential loss, including loss of profit, business, or data.
Nothing in this Agreement limits liability for negligence, fraud, or any other liability that cannot be excluded by law.
You agree to indemnify and hold us harmless against any claims, damages, or losses arising from:
Your misuse of the Services;
Breach of these Terms;
Infringement of intellectual property or data protection laws by content you provide.
Either party may terminate this Agreement by giving 30 days’ written notice unless otherwise stated in your contract for a fixed term period.
We may terminate immediately if you fail to pay, breach these Terms, or become insolvent.
On termination:
All unpaid fees become due immediately;
Access to hosted services may be disabled;
We will return or delete Client Data upon request.
We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, strikes, or internet outages.
These Terms are governed by the laws of England and Wales.
Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
