Managed Plans Agreement

This page is the current template of the Managed Plans Agreement, the document that governs a new-build managed plan (Handled, Improve or Automate, bought as a new build rather than for a site you already own). It forms part of the Master Services Agreement between us. Your own signed copy, carrying your business's details and start date, is the version that governs your plan; this page is provided so you can read the terms before you sign anything, and reflects the current fees and figures below rather than the fees on your specific signed copy if those have since changed.

If you already own your site and want it hosted and looked after rather than rebuilt, this document does not apply to you: that arrangement runs under Schedule A (Support and Hosting Plans), which is priced lower because there is no build to pay for. Contact us for a copy.

1. What this agreement covers

This agreement applies where we build a new website for you and operate it under a monthly plan, rather than delivering it as a one-off project. Where a Statement of Work has been signed for the same website, this agreement governs the commercial terms of the plan and the Statement of Work governs the scope of the build.

2. The monthly fee

There is no launch fee, deposit or setup charge of any kind. You pay the first month's fee at signup and nothing else. The monthly fee is billed monthly in advance from the plan start date.

Fees are currently free of Value Added Tax because we are not VAT registered. If that changes, VAT is added only to fees falling due after the registration date, and you get written notice before it happens. We may change the monthly fee on 60 days' written notice; if you do not accept the change, you may cancel under clause 3 before it takes effect, and your buy-out figure is calculated at the old fee.

3. Refund window and cancellation

The plan runs month to month from the plan start date, and you may end it at any point without giving notice and without paying an exit fee. 14 days to change your mind. Cancel within 14 days of signing for any reason and everything you've paid comes back in full. Your site goes live inside that window and seeing it live doesn't end the right: you get to look at the finished thing and still walk away.

After the 14 days you may cancel at any time, with no notice to give. The plan stops renewing at the end of the month you have paid for; that month is not refunded and nothing further falls due. There is no early-exit sum, because there is nothing to exit early from. If you would rather keep the website than lose it, you may pay the buy-out under clause 5 and own it outright instead of cancelling.

We give you at least 30 days' written notice before ending a plan, which is deliberately one-sided in your favour: you owe us no notice at all. On cancellation without a buy-out, your site stays live until the end of the paid period and for a further 14 days, so you have time to move a domain or stand up a replacement, then is taken offline. Your export rights under clause 8 are unaffected and survive cancellation.

4. Ownership while the plan is running

While the plan is running, we own the intellectual property in the website build: the design, the code and the configuration. You own, at all times and regardless of this agreement: the domain name; all content, copy, images and data you supply or that is produced for you; and your accounts with third parties. We will never hold billing ownership of an account in your name, and will never place your domain or hosting in an account you cannot recover independently of us.

The build transfers to you on completion of the buy-out under clause 5, and not before. Bespoke portions are assigned to you outright; template-derived portions, code we wrote before or independently of this agreement and reuse across clients, are licensed to you permanently rather than assigned, because the underlying template continues to be used for other clients.

5. Buying the website outright

You may buy the website outright at any time from signup. There is no waiting period, and every tier qualifies.

The rest of this section applies where you are a limited company or a limited liability partnership. If you are an individual, a sole trader or a partnership, no purchase price is published, scheduled or tracked against your account. Ownership stays available at any time and is priced on request, by valuing the website when you ask. If you would rather own the site from the start, a one-off build does that and is paid in stages.

The buy-out price is the greater of the floor for your tier, and the build value for your tier less the build recovery you have paid to date. Your purchase price reduces each month the plan is active. Only the build recovery line reduces it: the Partner Pro line pays for support and does not. The two are invoiced separately, so you can check the figure against your own invoice. The floor is the point below which the build would be handed over for less than it cost to produce; build recovery paid after the floor is reached does not reduce the buy-out price further.

Once the buy-out has been paid in full, no further monthly fees fall due. We will confirm the current buy-out figure in writing within 5 working days of a written request, showing the build recovery counted and the resulting figure.

6. What the buy-out delivers

On payment of the buy-out in full, we hand over:

• The complete source of your website as deployed, as a single handover, in a repository or archive of your choosing.
• A written description of how the site is structured, how to edit content, where each integration connects, and how to deploy a change.

The handover excludes our own backend services, provisioning tooling and internal automation, and any bespoke integration that remains hosted by us; where one is in use, we will say so in writing before the buy-out is paid, and state what it does and what it would cost to replace or continue. Intellectual property in bespoke portions of the build is assigned to you on payment in full; template-derived portions are licensed rather than assigned. The handover is completed within 30 days of payment clearing.

7. After the buy-out

The website is yours. You may then choose any of the following:

• Continue with us on a Schedule A existing-site managed plan, which has no minimum term.
• Take the site elsewhere and self-host it, with a full handover under clause 6.

You are under no obligation to keep any ongoing arrangement with us after the buy-out.

8. Export of content and accounts

You may request an export of the domain, accounts and all content at any time, on any tier, whether or not the buy-out has been exercised, and whether or not the plan is being cancelled. We provide it within 30 days of a written request, at no charge, and this right survives termination of this agreement. An export under this clause does not transfer intellectual property in the build, which transfers only under clauses 5 and 6.

9. What the monthly fee includes

• Building the website, and publishing it on our hosting.
• Hosting operations, uptime monitoring, and monitoring of TLS certificate and domain expiry.
• Security and dependency updates, applied without undue delay for high or critical issues.
• Backup operation and periodic restore testing on a reasonable basis.
• Verification that the enquiry form is delivering, checked on a regular cycle and after any platform change.
• Unlimited changes to your site. Text, images, layout, how something looks, moving things around, fixing something that has broken. As many as you need, no counting. New pages, new features and redesigns are separate work, and we price those up before we start so you always know first.

Included time does not roll over into the following month. Response targets, and the additional Improve and Automate scope, are those in Schedule A for the equivalent tier, which apply to this agreement while the plan is running.

10. What is not included

• New templates, major redesigns and large content projects, which are quoted separately.
• Advertising campaigns and link building. Search visibility work is covered separately, other than the on-page technical SEO included in Improve.
• Third-party subscription costs, platform fees and paid licences, which remain your responsibility.
• Third-party outages and billing issues, including registrar and email providers.

11. Fees, late payment and suspension

Monthly fees are due on the billing date. Where both parties are acting in the course of a business, we may charge statutory interest and compensation on late commercial payments under the Late Payment of Commercial Debts (Interest) Act 1998. Where you are a consumer, that Act does not apply; we may instead charge simple interest at 4% per annum above the Bank of England base rate from the due date until payment. We may suspend the website where a fee is more than 30 days overdue, having given at least 14 days' written notice and an opportunity to pay; suspension does not affect your export rights.

12. Termination

Either party may terminate immediately for an unremedied material breach, insolvency, administration, or ceasing to trade. We may also terminate for convenience on 90 days' written notice, which is three times the notice we are otherwise bound to give you.

If we terminate for convenience, stop offering managed plans, or become insolvent, you may buy the site out at the floor price regardless of how many monthly fees have been paid, or take a full export at no cost. On our insolvency or administration you are also granted, automatically, a perpetual, irrevocable, worldwide, royalty-free licence to use, host and modify the website build, so your site keeps working whatever happens to us. No further fee is payable in any of these cases.

13. General provisions

Need a break? You can pause your plan instead of cancelling. Email us and we will pause billing for up to 3 months while your site stays live. Billing resumes automatically at the end of the pause window unless you cancel. Nothing in this agreement excludes, restricts or overrides your statutory rights. Where you are a consumer, any term that would be unfair under Part 2 of the Consumer Rights Act 2015 is not binding on you, and the cancellation rights under the Consumer Contracts Regulations 2013 apply in addition to clause 3, and are not limited by it. Where those Regulations give you a longer or wider right, the Regulations prevail.

This agreement, and related documents, are available in alternative formats on request: contact legal@domandigital.co.uk. No amendment is valid unless made in writing and signed by both parties. This agreement is governed by the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.