Terms of Service | Classic Niall

Last updated: 19 March 2026

1. About Classic Niall Limited

Classic Niall Limited is a company registered in England and Wales, Company No. 10576375. All services are provided by Classic Niall Limited, trading under the following names depending on the nature of the engagement:

Classic Niall — the catch-all trading name covering the full range of services offered by Classic Niall Limited.
ByDesign (bydesign.systems) — the primary brand for web design and development, application development, systems administration, IoT, hosting, and digital care.
Distraction Tactics (distraction-tactics.uk) — the brand for games design and development, and interactive media.

Classic Niall, ByDesign, and Distraction Tactics are all trading names of Classic Niall Limited, registered in England and Wales, Company No. 10576375. Regardless of which trading name you engage with, your contract is with Classic Niall Limited and these Terms of Service apply in full.

Services are delivered directly by the principal. Where tasks are sub-contracted to trusted freelancers, the client will be informed.

2. Services Provided

Classic Niall Limited offers the following services, which may be delivered under any trading name as appropriate:

Web design and development
Application and software development
Games design and development (via Distraction Tactics)
Systems administration and IT support
IoT development and integration
Web, email, and domain hosting
Database design and management
Digital care and managed services (retainer packages)
Third-party support and modifications
After-care and ongoing support for completed projects
Training on delivered projects and solutions
Domain registration and DNS management
App store publishing and management (Apple App Store, Google Play)
Agency support and white-label services

Where a project requires physical hardware — such as Arduino boards, wiring, enclosures, or other electronic components — these will be sourced and supplied as part of the engagement. All hardware supplied is RoHS compliant. Components are charged at cost with no markup; any applicable transaction or procurement costs may be included.

Physical components are covered by the manufacturer's warranty only. Classic Niall Limited does not provide its own warranty on hardware but will make reasonable efforts to resolve issues, including sourcing and fitting replacement components where practical.

3. Managed Assets and Third-Party Accounts

As part of its managed service offering, Classic Niall Limited registers, creates, and manages third-party accounts and assets on behalf of clients. This includes domain registrations, email hosting accounts, web hosting infrastructure, and app store developer accounts.

Where Classic Niall Limited manages such assets on your behalf:

Domains and email accounts are registered and created in your legal name and company details, using Classic Niall Limited's managed accounts and infrastructure with the relevant third-party providers. You are the legal registrant and owner.
App store accounts (including Apple App Store and Google Play) are created in your legal entity name and company details, managed under Classic Niall Limited's operational credentials. You are the registered account holder and legal owner of all listings, apps, and associated assets.
Web hosting is provisioned on infrastructure managed under Classic Niall Limited's reseller accounts. You do not have a direct account relationship with the underlying hosting provider. Classic Niall Limited acts as your operational manager for all hosting services.

Third-party costs associated with managed assets — including domain registration fees, hosting fees, and developer account fees — are passed through to the client at cost. These will be itemised on invoices or quotes as applicable.

You retain full ownership of and liability for all content, products, services, and platform compliance associated with your managed assets. Classic Niall Limited acts solely as your operational manager and agent and accepts no liability for platform policy violations, content disputes, or third-party claims arising from your assets, content, or instructions.

You agree to indemnify Classic Niall Limited against any claims, losses, or costs arising from your content, app functionality, platform policy violations, or any instructions you provide in connection with managed assets.

Classic Niall Limited reserves the right to suspend or remove any managed asset — including unpublishing an app or suspending a hosted service — where continued operation poses a material risk to Classic Niall Limited's accounts, infrastructure, or legal standing. Where possible, you will be notified in advance. Where immediate action is necessary, you will be notified as soon as practicable.

4. Engagement and Acceptance

These Terms of Service come into effect when you accept a quote, pay a deposit, or otherwise instruct work to begin — whichever comes first. A reference to these terms is included on all quotes and invoices. If you have any questions before engaging, please ask before work begins.

5. Pricing and Rate of Pay

Work is charged in one of the following ways, as agreed in advance:

Hourly or daily rate — time is tracked and billed as worked.
Fixed quotation — a set price for a defined scope of work, invoiced at milestones or on completion.
Monthly retainer — a recurring package covering ongoing digital care and managed services, billed monthly.
Annual billing — applies to hosting services (web, email, and domain), billed once per year.

Pricing for all standard services and packages is published on the website. Bespoke or ad hoc work is quoted on request.

Time is tracked from the point of engagement with a request — including reading, diagnosis, and preparation — and billed in 5-minute increments rounded up to the nearest 5 minutes. A minimum charge of 15 minutes applies to all work regardless of the time taken.

Work is carried out during normal business hours. Requests outside of these hours are at Classic Niall Limited's discretion and may be subject to an out-of-hours rate, which will be communicated before work commences.

6. Invoicing and Payment

Invoices are issued via FreeAgent and state the applicable payment terms. Payment is due within 28 days of the invoice date unless otherwise agreed in writing.

Retainer packages are billed monthly, typically on a recurring basis. Hosting services are billed annually. One-off and project work is invoiced at agreed milestones or on completion.

A non-refundable deposit may be required before work begins on any project or ad hoc engagement. The deposit amount and terms will be stated in the quote.

Overdue invoices may incur statutory interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended. Classic Niall Limited reserves the right to pause or cease work on any engagement where payment is overdue.

7. Refunds

Deposits are non-refundable. Refunds are not offered for services already delivered. If you have a concern about work carried out, please get in touch and I will work to resolve it.

8. Domain Registration and DNS Management

Domains are registered in the client's legal name and company details. Full payment of the registration fee is required before any domain is registered. If payment is not received within 28 days of the agreed registration date, Classic Niall Limited reserves the right to delay or cancel the registration.

Where Classic Niall Limited manages a domain on your behalf, it is administered under Classic Niall Limited's managed infrastructure, with the client retaining legal ownership at all times. Credential handover or registrant transfer will be facilitated upon request, subject to any outstanding balances being settled in full.

For managed domains, renewal fees are invoiced in advance. If a renewal invoice remains unpaid 28 days after the invoice date, Classic Niall Limited is not obligated to renew the domain and accepts no liability for its lapse or subsequent acquisition by a third party. Where Classic Niall Limited covers a renewal on the client's behalf, the client has 28 days to reimburse the cost. If unreimbursed within that period, Classic Niall Limited reserves the right to recover costs, including by allowing the domain to lapse or transferring it.

9. Hosting Services

Web, email, and domain hosting services are provided on an annual basis. Hosting is set up, maintained, and monitored personally by Classic Niall Limited. No hidden fees apply — all published pricing includes setup, administration, and ongoing management.

Web hosting is provisioned on infrastructure managed under Classic Niall Limited's reseller accounts with third-party hosting providers. Clients do not have a direct account relationship with the underlying provider. Classic Niall Limited is responsible for the operation and security of the hosting environment; the client is responsible for the content hosted within it.

Support packages (Digital Care retainers) are separate from hosting and are billed monthly. Usage is subject to fair-use principles; clients will be notified if their usage is approaching the limits of their plan.

Clients may upgrade, downgrade, or cancel a retainer package at any time with reasonable notice. Cancellation of hosting services requires 28 days' written notice before the next renewal date.

10. App Store Publishing

Where Classic Niall Limited publishes apps on your behalf, app store accounts (including Apple App Store and Google Play developer accounts) are created in your legal entity name and company details. You are the registered account holder and retain full ownership of all listings, apps, and associated assets.

You are solely responsible for ensuring your app's content, functionality, data practices, and associated services comply with the guidelines and policies of the relevant app store platforms. Classic Niall Limited is not liable for the rejection, removal, or suspension of any app or account arising from policy violations, content issues, or your instructions.

Classic Niall Limited reserves the right to take immediate action — including suspending management of or removing an app — where continued operation poses a material risk to Classic Niall Limited's accounts, infrastructure, or legal standing. You will be notified as soon as practicable where such action is taken.

11. Data Protection and Security

Client data is stored on secure equipment managed by Classic Niall Limited. All reasonable measures are taken to keep data safe, in line with the UK GDPR and the Data Protection Act 2018. Data is not shared with third parties except where required to deliver the agreed service (for example, sub-contracted tasks or third-party platforms).

Work is carried out using Classic Niall Limited's own equipment and tools unless otherwise agreed. On-site attendance may be arranged where necessary and may incur additional travel charges.

Full details of how personal and business data is collected, stored, and used are set out in the Privacy Policy, which forms part of the overall agreement between Classic Niall Limited and its clients.

12. Ownership and Licensing

The end product of any engagement — website, application, game, or other deliverable — is the property of the client upon receipt of full payment.

Classic Niall Limited retains ownership of underlying frameworks, tools, boilerplate code, and reusable components developed independently of the client engagement, unless explicitly agreed otherwise.

Third-party assets and libraries used during development are documented and attributed where required by their respective licences. It is the client's responsibility to ensure any assets they supply are properly licensed for use.

Classic Niall Limited reserves the right to reference completed work in its portfolio and use it for promotional purposes, unless the client requests otherwise in writing before the project begins.

13. Confidentiality

Both parties agree to keep confidential any sensitive information disclosed in connection with an engagement — including but not limited to credentials, system access, codebases, business data, pricing, and unreleased work. Neither party will disclose such information to third parties without the other's consent, except where required by law or necessary to deliver the agreed service (for example, sub-contractors working under appropriate agreements).

This obligation survives termination of the engagement.

14. Client Responsibilities

To allow work to proceed efficiently, clients are expected to provide timely access to necessary accounts, assets, content, and feedback. Delays caused by the client — including late provision of materials or prolonged periods of non-response — are not the responsibility of Classic Niall Limited and may affect agreed timelines or result in additional charges.

Where a project is paused for more than 30 days due to client inaction, Classic Niall Limited reserves the right to re-quote or re-schedule the remaining work.

15. Scope of Work

Quotes and fixed-price engagements are based on an agreed scope of work. Any work requested outside that scope — additional features, design changes, or other additions — will be treated as a new or extended engagement and quoted accordingly. Classic Niall Limited will flag scope changes before proceeding wherever possible.

16. Defects and Warranty

Following delivery of a project, I will correct defects that fall within the agreed scope of work at no additional charge, provided they are reported within 30 days of delivery. This warranty applies to bespoke project deliverables only — websites, applications, games, and similar — and does not extend to ongoing hosting, retainer, or managed services.

A defect is an unintended failure of functionality as specified in the agreed scope. It does not include new feature requests, changes to requirements, or issues arising from client modifications made after delivery.

17. Cancellation, Termination, and Asset Handover

Either party may terminate an engagement by giving 28 days' written notice. Work completed and costs incurred up to the point of termination remain billable and payable. Deposits already paid are non-refundable.

For retainer packages, cancellation takes effect at the end of the current billing period following the 28-day notice period. Classic Niall Limited will not charge for a further period after notice has been given and acknowledged.

Upon termination of any engagement, Classic Niall Limited will facilitate the handover of all client-owned assets within 28 days of the termination date, subject to all outstanding balances being settled in full. Handover is carried out as follows:

Domains — registrant details confirmed and transfer authorisation codes provided to the client or their nominated registrar.
Email hosting — account credentials or administrative access provided to enable migration to a new provider.
Web hosting — full export of hosted files, databases, and configuration provided to enable migration. Classic Niall Limited is not responsible for setting up hosting with a new provider.
App store accounts — account credentials and administrative access provided. App store listings, assets, and associated data remain with the account and transfer with it.

Classic Niall Limited is not liable for any disruption to services, loss of data, or loss of business arising from the handover process, provided reasonable efforts have been made to facilitate the transfer.

18. Disputes

In the event of a dispute, both parties agree to attempt resolution by good faith negotiation. Where a dispute cannot be resolved informally within 28 days of one party notifying the other in writing, both parties agree to attempt mediation with a mutually agreed mediator, with costs shared equally. Where mediation fails or is declined, either party may then pursue their legal remedies through the courts of England and Wales.

19. Limitation of Liability

Classic Niall Limited will always endeavour to deliver work to a high standard. However, to the fullest extent permitted by law, Classic Niall Limited's total liability to the client for any claim arising from or related to these terms or the services provided shall not exceed the total fees paid by the client in the three months preceding the claim.

Classic Niall Limited is not liable for any indirect, consequential, or incidental losses — including loss of revenue, data, or business opportunity — arising from the use of, or inability to use, any service or deliverable. This includes but is not limited to: hosting downtime, third-party platform failures, faulty hardware components, app store decisions, domain disputes, or delays caused by factors outside Classic Niall Limited's control.

Nothing in these terms limits or excludes liability for fraud, death, or personal injury caused by negligence.

20. Breach of Terms

If these terms are breached — including non-payment, misuse of services, platform policy violations, or misrepresentation — Classic Niall Limited reserves the right to pause or terminate the engagement without refund of fees already paid. Where services are terminated due to client breach, any outstanding balance remains due.

21. Privacy

Classic Niall Limited takes data protection seriously. How personal and business data is collected, stored, and used is set out in the Privacy Policy, which forms part of the overall agreement between Classic Niall Limited and its clients. By engaging our services, you confirm you have read and understood the Privacy Policy.

22. Governing Law

These terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

Classic Niall, ByDesign and Distraction Tactics are trading names of Classic Niall Limited, registered in England and Wales No. 10576375.