High End Digital Terms of Service

Last Updated: 28 August 2026

1. General

Welcome to High End Digital ("we", "our" or "us").

These Terms of Service ("Terms") form an agreement between High End Digital and you ("you" or "your") and govern your use of our website and the products and services we provide ("Services").

Your use of our website ("Site") and any of our Services is subject to your acceptance of these Terms.

Some Services may be delivered using third-party platforms, software, suppliers, contractors or fulfilment partners. Where relevant, your use of those platforms or services may also be subject to the applicable third party's own terms and conditions.

By accessing the Site and/or purchasing or using our Services, you confirm that you have read and understood these Terms and agree to be bound by them.

If you do not agree to these Terms, you should not use the Site or purchase or use our Services.

We may update these Terms from time to time. The current version will be published at:

https://www.highenddigital.co.uk/terms-of-service

Where a change materially affects an existing paid Service, we will make reasonable efforts to notify affected clients in advance.

2. Definitions

For the purposes of these Terms:

"Content" means text, graphics, photographs, images, video, audio, data, branding, logos, documents and other materials supplied, uploaded, transmitted or submitted by you.

"Services" means products and services supplied or arranged by High End Digital, including, but not limited to:

website design and development;
website hosting and maintenance;
mobile applications;
search engine optimisation;
local and hyperlocal SEO;
Google Business Profile optimisation;
pay-per-click advertising;
paid social media advertising;
social media management;
content creation;
CRM setup and management;
marketing automation;
AI-powered chatbot services;
AI-powered virtual receptionist and voice services;
related digital marketing, technology and consultancy services.

"Client" means an individual, company or organisation that engages High End Digital to provide Services.

"User" means any individual or organisation accessing the Site or using the Services.

"Third-Party Provider" means any external supplier, platform, software provider, contractor or fulfilment partner used in connection with the Services.

3. Services

High End Digital provides digital marketing, technology and related business services.

The exact scope of work, pricing, setup requirements, ongoing charges and other commercial terms applicable to a particular Service will normally be set out in a proposal, order form, invoice, quotation or other agreement between you and us.

Where there is a conflict between these Terms and specific written terms agreed with you for a particular project or Service, the specific written terms will take precedence in relation to that Service.

We may use specialist Third-Party Providers and fulfilment partners to help deliver some or all of the Services.

You acknowledge that certain Services depend upon third-party platforms including, for example, website platforms, hosting providers, Google, Meta, CRM providers, telecommunications providers, AI technology providers and other software platforms.

We do not control those third-party services and cannot guarantee their continued availability, features, functionality, pricing, policies or performance.

Where a third-party provider makes a change outside our reasonable control, we may need to modify the way a Service is delivered.

4. Licence to Use Client Materials

You retain ownership of Content supplied by you.

By supplying Content to us, you grant High End Digital and any relevant Third-Party Provider a non-exclusive licence to store, reproduce, modify, process, publish or otherwise use that Content solely to the extent reasonably necessary to provide the Services.

You confirm that you have the necessary rights, licences and permissions for all Content supplied to us.

You may withdraw permission for future use of your Content by giving us reasonable written notice at:

michael.masuku@highenddigital.co.uk

Where the Content is necessary to provide an active Service, withdrawing permission may result in that Service being limited, suspended or terminated.

Withdrawal does not retrospectively invalidate authorised use of Content before the withdrawal took effect.

5. Client Content

We do not claim ownership of Content supplied by you for use within your website, campaigns, applications, CRM or other Services.

You are responsible for ensuring that your Content is accurate, lawful and appropriate and does not infringe the intellectual property, privacy or other rights of any third party.

You should retain copies of important Content and business data. Although reasonable precautions may be taken when handling Content, you should not rely upon our Services as your sole backup or archive.

Some Services allow Content hosted by third parties to be embedded, imported, integrated or linked. If that third-party Content becomes unavailable, the part of the Service that relies on it may also stop functioning correctly.

You are responsible for ensuring that you hold the appropriate rights or licences for photographs, fonts, videos, music, trademarks, written materials and other Content supplied to us.

We reserve the right to refuse, remove or suspend Content where we reasonably believe it is unlawful, infringes third-party rights, breaches these Terms or could expose us or a Third-Party Provider to legal or reputational risk.

6. Accounts and Access

Certain Services may require you to create or use an account.

You agree to:

provide accurate and current information;
keep account information reasonably up to date;
maintain the confidentiality of passwords and access credentials;
take reasonable steps to prevent unauthorised access;
not impersonate another person or organisation;
notify us promptly if you become aware of unauthorised access or a security breach.

You are responsible for activity carried out using accounts or credentials under your control.

We may suspend access to a Service where reasonably necessary because of a security issue, breach of these Terms, overdue payment, unlawful activity or material misuse of the Service.

7. Pricing, Payments, Cancellations, Refunds and Taxes

You agree to pay the setup fees, subscription fees, usage charges, advertising costs and any other charges agreed between you and High End Digital.

Prices and payment arrangements for individual Services will be set out in the relevant proposal, quotation, invoice, order or agreement.

Unless otherwise stated, prices exclude VAT or other applicable taxes.

Subscription Services

Unless a different minimum term or cancellation arrangement has been expressly agreed in writing, monthly subscription Services may be cancelled by giving 30 days' written notice.

Charges already incurred before cancellation remain payable.

Setup and One-Off Fees

Setup fees, project fees and other one-off fees are non-refundable once the associated work has commenced, except where:

we expressly agree otherwise in writing; or
applicable law requires otherwise.

Advertising Spend and Third-Party Charges

Advertising budgets, media spend, telephone usage, AI usage, software subscriptions, domain charges and other third-party costs may be charged separately from our management or Service fees.

Third-party charges already incurred on your behalf are normally non-refundable.

Free Trials and Promotional Periods

Where we offer a free trial or introductory period, any specific conditions relating to that offer will be communicated when the Service is activated.

At the end of the promotional period, the Service will either cease or move onto the agreed paid arrangement, depending upon the terms of the particular offer.

We will not convert a free trial into a paid subscription where we have expressly stated that further approval is required before charging you.

Price Changes

We may change the price of an ongoing Service.

Where a price increase affects an existing subscription, we will make reasonable efforts to notify you before the new price takes effect.

8. Client Responsibilities and Acceptable Use

You may use the Site and Services only for lawful business purposes.

You must not use the Site or Services to:

conduct or promote fraudulent or illegal activity;
distribute unlawful, obscene or infringing Content;
impersonate another person or organisation deceptively;
send unlawful spam or unsolicited communications;
harass, threaten or defame others;
collect personal information unlawfully;
interfere with another person's use of the Site or Services;
attempt to gain unauthorised access to systems or data;
bypass security or registration systems;
reverse engineer software except where permitted by law;
scrape or harvest information using automated tools without permission;
distribute malware or malicious code;
manipulate, interfere with or abuse pricing, tracking or reporting systems;
use our Services in a way that breaches the rules or policies of a relevant Third-Party Provider.

You are responsible for ensuring that your own marketing activities, customer communications, data processing and use of the Services comply with applicable laws and regulations.

This includes, where relevant, UK GDPR, the Data Protection Act 2018, PECR, advertising regulations and direct marketing requirements.

9. Privacy

Our collection and use of personal information is governed by our Privacy Policy:

https://www.highenddigital.co.uk/privacy

Where we process personal data on your behalf as part of a Service, additional data protection terms or a data processing agreement may apply where appropriate.

You remain responsible for determining whether your own collection and use of customer or prospect data is lawful.

10. Intellectual Property and Proprietary Rights

Unless otherwise agreed in writing, High End Digital and its licensors retain ownership of intellectual property relating to:

the High End Digital brand;
our Site;
our processes and methodologies;
proprietary templates;
software;
systems;
documentation;
training materials;
reusable design components; and
other materials created independently of a specific Client project.

Third-party platforms, software, templates, stock assets and technology remain the property of their respective owners and are subject to their applicable licence terms.

Nothing in these Terms transfers ownership of third-party technology to you.

Where bespoke materials are created specifically for you, any transfer or licence of intellectual property will be governed by the terms agreed for that particular project.

11. Third-Party Services

Our Services may incorporate or depend upon products and services provided by third parties.

These may include, amongst others, search engines, social networks, website platforms, CRM systems, payment providers, AI platforms, analytics systems, domain providers and telecommunications providers.

We are not responsible for:

outages or downtime caused by a third party;
changes made by a third-party platform;
suspension or termination of your third-party account;
changes to a platform's algorithms, policies or functionality;
increased third-party charges;
errors within third-party software;
decisions made by search engines, advertising platforms or social networks.

We will make reasonable efforts to assist where a third-party issue affects a Service we manage, but we cannot guarantee the action or response of the third party.

12. Links to High End Digital

You may link to the homepage of the High End Digital website provided the link is lawful, fair and does not falsely suggest an endorsement, sponsorship or commercial relationship that does not exist.

You may not use our branding or intellectual property in a misleading, defamatory or unlawful manner.

13. Feedback

If you voluntarily provide suggestions, comments or feedback regarding our Services, we may use that feedback to improve our products, Services, processes or marketing.

This does not give us ownership of confidential business information, personal information or Client Content.

14. No Guarantee of Results

Digital marketing and technology Services depend upon many factors outside our direct control.

Unless expressly agreed otherwise in writing, we do not guarantee:

particular Google or search engine rankings;
particular positions within local search or map results;
specific advertising results;
numbers of enquiries, leads or sales;
particular conversion rates;
social media reach or engagement;
revenue or return on investment;
uninterrupted availability of third-party platforms;
that AI-generated responses will always be accurate or appropriate.

Any forecasts, examples, projections or previous results are illustrative and are not guarantees of future performance.

We will provide the Services with reasonable care and skill but cannot guarantee a particular commercial outcome.

15. Limitation of Liability

Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other liability which cannot legally be excluded.

Subject to the above, High End Digital will not be liable for indirect or consequential losses arising from your use of the Site or Services, including loss of profit, revenue, anticipated savings, goodwill or business opportunity, where such loss was not reasonably foreseeable.

We are not liable for loss or damage resulting from:

inaccurate information or Content supplied by you;
actions you take contrary to our advice;
changes or failures involving Third-Party Providers;
suspension of advertising or online accounts by third-party platforms;
changes to search engine or social media algorithms;
unauthorised changes made by you or another supplier;
events outside our reasonable control.

To the extent permitted by law, our total aggregate liability arising from a particular Service will not exceed the fees paid to High End Digital for that Service during the 12 months immediately preceding the event giving rise to the claim.

16. Indemnity

You agree to indemnify High End Digital against reasonable losses, liabilities, costs or claims arising directly from:

Content supplied by you which infringes the rights of a third party;
unlawful use of the Services by you;
your material breach of these Terms; or
instructions supplied by you which cause us to breach applicable law or third-party rights.

This provision does not apply to the extent that the relevant loss was caused by our own negligence or breach of these Terms.

17. Website Code, Tracking and Integrations

The provision of Services may require us or our Third-Party Providers to install or configure code, tracking scripts, tags, pixels, APIs, plugins or other integrations on your website or digital systems.

These may include analytics tracking, advertising conversion tracking, CRM integrations, AI services and other functionality.

Although reasonable care will be taken during implementation, modifications to third-party websites or systems can occasionally result in compatibility issues.

You agree to provide appropriate access and, where reasonably possible, maintain suitable backups before material technical changes are made.

We will not be responsible for faults caused by undocumented, incompatible or unauthorised third-party modifications outside our reasonable control.

18. Copyright Complaints

You must not use our Services to transmit, store, publish or distribute material that unlawfully infringes third-party intellectual property rights.

If you believe that Content published through a Service operated by High End Digital infringes your copyright, please contact:

Michael Masuku
High End Digital
Kemp House
160 City Road
London
EC1V 2NX

Email: michael.masuku@highenddigital.co.uk

Your notice should identify:

the copyrighted work concerned;
the allegedly infringing material;
where the material can be located;
your contact information;
the basis upon which you believe the use is unauthorised; and
evidence that you are the copyright owner or authorised to act on their behalf.

We reserve the right to remove or restrict access to material where we reasonably believe it infringes third-party rights.

19. Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them shall be governed by the laws of England and Wales.

The courts of England and Wales shall have jurisdiction over disputes arising in connection with these Terms, subject to any mandatory rights a consumer may have under applicable law.

20. Force Majeure

We will not be liable for failure or delay in performing our obligations where caused by circumstances outside our reasonable control.

These may include:

natural disasters;
fire or flooding;
war or civil disturbance;
government action;
cyberattacks;
widespread internet or telecommunications failure;
industrial disputes;
power failure;
failure of major technology platforms or infrastructure providers.

We will make reasonable efforts to resume affected Services as soon as reasonably practicable.

21. Data Security and Personal Data Breaches

We will take reasonable technical and organisational measures to protect personal data processed by us.

Where we become aware of a personal data breach affecting information for which we are the controller, we will deal with the breach in accordance with applicable data protection legislation.

Where we act as a processor on your behalf and become aware of a relevant personal data breach, we will notify you without undue delay and provide reasonable information to assist you in meeting your own legal obligations.

Where applicable, notification to the Information Commissioner's Office will be made within the statutory timeframe required by UK data protection legislation.

22. Beta, Trial and AI Services

From time to time, we may make new, beta, experimental or trial Services available.

These Services may change or be withdrawn and may contain functionality that is still being tested.

You acknowledge that AI-based Services may occasionally produce incorrect, incomplete or unexpected outputs.

AI Services should not be relied upon as a substitute for professional legal, financial, medical or other regulated advice.

Where AI Services communicate directly with your customers or prospects, you are responsible for reviewing and approving the instructions, knowledge, business information and processes provided to the system.

23. Accessibility

Depending upon your business, customers, location and the markets in which you operate, accessibility legislation may apply to your website, application or other digital services.

This may include requirements arising under UK equality legislation and, where you offer relevant products or services to consumers within the European Union, the European Accessibility Act.

Unless accessibility compliance is expressly included within the agreed scope of a project, you remain responsible for determining the legal accessibility requirements applicable to your organisation.

Where you ask us to implement particular accessibility standards, these requirements should be agreed during project scoping and may affect the cost and scope of the project.

Unless we are separately contracted to provide ongoing accessibility monitoring or maintenance, we cannot guarantee that a website will remain compliant following subsequent changes to its Content, software, third-party integrations or applicable legislation.

High End Digital does not provide legal advice. You should obtain appropriate professional advice if you are unsure which accessibility requirements apply to your organisation.

24. Termination and Suspension

We may suspend or terminate a Service where:

fees remain materially overdue;
you commit a serious or repeated breach of these Terms;
continuing the Service would breach applicable law;
a Third-Party Provider withdraws technology essential to providing the Service;
your use of the Service creates a material security risk; or
we are otherwise entitled to terminate under an individual Service agreement.

Where reasonably practicable, we will give you an opportunity to remedy a breach before terminating the Service.

Termination does not remove your obligation to pay amounts already due.

25. Entire Agreement

These Terms, together with any proposal, quotation, order form or other written agreement relating to the Services, constitute the agreement between you and High End Digital concerning those Services.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.

A failure by either party to enforce a provision of these Terms does not constitute a waiver of that provision.

26. Contact

Questions concerning these Terms should be directed to:

High End Digital
Kemp House
160 City Road
London
EC1V 2NX

Email: michael.masuku@highenddigital.co.uk
Telephone: +44 7845 013701

Website: https://www.highenddigital.co.uk/