Terms of
service.

01About these terms

These terms of service tell you the rules for using our website at protondigital.co.uk (our website). By using our website, you confirm that you accept these terms and agree to comply with them. If you do not agree to these terms, you must not use our website.

We recommend you print or save a copy of these terms for future reference.

02Who we are

Our website is operated by Proton Digital.

• Business name: Proton Digital
• Contact email: support@protondigital.co.uk

03Other terms that apply to you

These terms refer to the following additional documents, which also apply to your use of our website:

• Our Privacy Policy, which explains how we handle your personal data, and our Cookie Policy, which describes our use of cookies.
• Any separate written agreement between you and us for the supply of services, which will govern that engagement. If there is a conflict between these terms and that agreement, the agreement wins for that engagement.

04Changes to these terms

We may amend these terms from time to time. Every time you wish to use our website, please check these terms to make sure you understand the terms that apply at that time. The version number and effective date at the top of this page show when these terms were last updated.

We may also update or change our website from time to time, and we do not guarantee that our website, or any content on it, will be free from errors or omissions.

05Access to the website

Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our website for business or operational reasons. We will try to give you reasonable notice of any suspension or withdrawal where practical.

You are responsible for making all arrangements necessary for you to have access to our website, and for ensuring that anyone who accesses it through your internet connection is aware of these terms and complies with them.

Our website is directed at people residing in the United Kingdom. We do not represent that content available on our website is appropriate for use, or available, in other locations.

06Acceptable use

You may use our website only for lawful purposes. You must not:

• Use our website in any way that breaches any applicable local, national or international law or regulation.
• Use our website in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• Use our website to send, knowingly receive, upload, download, use or re-use any material which does not comply with these terms.
• Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material (spam).
• Knowingly transmit any data, or send or upload any material, that contains viruses, trojans, worms, logic bombs or other harmful programs or code.
• Attempt to gain unauthorised access to our website, the server on which it is stored, or any server, computer or database connected to it.
• Attack our website via a denial-of-service attack or a distributed denial-of-service attack.
• Scrape, harvest or extract data from our website in bulk, whether by automated means or otherwise, without our prior written consent. This includes use for training artificial intelligence or machine learning systems.
• Reproduce, duplicate, copy or re-sell any part of our website in contravention of these terms.

Breaching this section may constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and co-operate with them, including by disclosing your identity where required. Your right to use our website will cease immediately on any such breach.

07Intellectual property

We are the owner or the licensee of all intellectual property rights in our website and in the material published on it, including all text, graphics, logos, designs, page layouts, code and images. These works are protected by copyright and other intellectual property laws around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page from our website for your personal use, and you may draw the attention of others within your organisation to content posted on our website, provided that:

• You do not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
• You do not use any illustrations, photographs, video or audio, or any graphics, separately from any accompanying text.
• Our status as the author of content on our website is always acknowledged.
• You do not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us.

If you print off, copy, download or use any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The Proton Digital name and any associated logos and branding are our trading identity. You must not use them without our prior written permission.

08Content on the website

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to keep the information on our website up to date, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

Any examples of work shown on our website are illustrative concept projects created to demonstrate our design approach. They do not depict specific client engagements or results and are not a guarantee of the outcome of any future project.

09Content you send to us

Where you send us content through our website, for example through a contact form, our discovery flow, the client portal or by email, you confirm that:

• You have the right to send it to us and it does not infringe the rights of any third party.
• It is accurate, not misleading, and not unlawful, defamatory, obscene or offensive.

You retain ownership of any content you send us. You grant us a non-exclusive licence to use it for the purpose of responding to you, providing services to you, and operating our business. We handle any personal data in that content in line with our Privacy Policy.

We are not responsible for any loss of content you send to us, so please keep your own copies.

10Viruses and security

We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your own technology to access our website, and you should use your own virus protection software.

11Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you, and our website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

12Third-party links and resources

Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or of any information you may obtain from them. We have no control over the contents of those websites or resources.

13Our liability to you

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our website, or your use of or reliance on any content displayed on it.
• In particular, we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
• Nothing in these terms affects your statutory rights as a consumer.

This section applies to your use of our website only. Our liability in respect of any services we supply to you will be set out in the written agreement covering those services.

14Purchasing our services

Our website describes the services we offer, but nothing on our website constitutes a binding offer by us to supply services. Any engagement will be subject to a separate written agreement, quote or statement of work between you and us, which will set out the scope, price and terms of that engagement.

• Payment structure. Unless agreed otherwise in writing, project fees are invoiced in two equal stages: 50% as a deposit before work begins, and the remaining 50% on completion, before the website is launched or handed over. Invoices are payable by bank transfer using the payment reference provided.
• Support and care. Ongoing support, hosting management and maintenance are not included in build packages. They are provided separately through our Proton Care plan, billed monthly and cancellable in line with the applicable service agreement.
• Hosting and domains. Where we register a domain or provide hosting on your behalf, the domain registration and hosting accounts are held and managed by Proton Digital unless agreed otherwise in writing. Arrangements for transferring a domain or website to you or a third party — including any applicable transfer or handover fee — will be set out in the written agreement covering those services.

15Suspension and termination

We will determine, in our discretion, whether there has been a breach of these terms through your use of our website. Where a breach has occurred, we may take such action as we consider appropriate, including immediate, temporary or permanent withdrawal of your right to use our website, legal proceedings against you, and disclosure of information to law enforcement authorities where we reasonably feel it is necessary or as required by law.

Suspension for non-payment. Where we host a website for you and an invoice remains unpaid after its due date, we may — after giving you reasonable written notice — temporarily suspend hosting of that website until the outstanding balance is settled. Suspension is a last resort: your website files and data are preserved unchanged during any suspension, and service is restored promptly once payment is received. Suspension does not affect our right to recover the outstanding amounts.

16General terms

• Transfer. We may transfer our rights and obligations under these terms to another organisation, for example if our business is sold. You may not transfer your rights or obligations under these terms to anyone else.
• Severability. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• No waiver. If we delay in enforcing these terms, or do not enforce them straight away, that does not mean we have waived our rights, and it will not prevent us taking steps against you at a later date.
• Third party rights. These terms are between you and us. No other person has any rights to enforce any of these terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
• Entire terms. These terms, together with the documents referred to in section 03, are the complete terms governing your use of our website.

17Governing law and jurisdiction

If you are a business user: these terms, their subject matter and their formation, and any non-contractual disputes or claims, are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

If you are a consumer user: these terms, their subject matter and their formation are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have jurisdiction, except that if you are a resident of Scotland you may also bring proceedings in Scotland, and if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland.

18How to contact us

To contact us about these terms or anything else, please email support@protondigital.co.uk.

Thank you for visiting our website.