Terms & conditions
DIGITAL SERVICES RETAINER AGREEMENT Version 26.2
BETWEEN:
Next Level Digital
You; “The Client”
1. The Engagement (Team Extension Model)
This agreement establishes Next Level Digital as an extension of The Client’s internal team. We operate on a "You Direct, We Execute" basis. While The Service Provider offers expert recommendations and strategic advice, The Client retains final authority on task prioritisation and creative direction. The Service Provider is effectively "on the payroll" for the allotted hours, dedicated to completing tasks as assigned by The Client.
2. Retainer Packages & Minimum Term
The Client has selected one of the following package for a minimum term of 6 Months if the job includes a website build, and 3 Months rolling contract for all other work:
Foundation: 8 Hours / month (approx. 2 half days)
Growth: 16 Hours / month (approx. 4 half days)
Pro: 32 Hours / month (approx. 8 half days)
3. Workflow & Communication (The "ClickUp Rule")
To ensure maximum efficiency, accountability, and transparency, all workflow is managed exclusively via ClickUp. Once the contract is signed and received, you will be sent an invitation to this Project Management Software. It is very easy to use and instructions will also be sent. You can use it on Desktop as well as download the app, for iOS or Android.
Requesting Work: The Client may add an unlimited number of tasks to the ClickUp project board.
Prioritisation: It is The Client’s responsibility to order tasks in the designated "To Do" column. Next Level Digital will always work from the top of the list down.
Communication: All brief details, feedback, and assets must be uploaded to the specific ClickUp task. Email, Slack, or WhatsApp should be used for emergencies only. Large files and data sources can be sent via WeSendIt or WeTransfer which are free for personal use.
Deadlines: The Client must assign a Due Date to every task.
Note: If no deadline is set, the task is considered "Low Priority" and may be deferred in favour of other clients with urgent deadlines.
4. Commencement & Billing Cycle
The billing cycle is determined by the date of signature:
A. Signed on or before the 15th of the month:
Start Date: Immediate. The current month is considered "Month 1."
Invoicing: Invoiced on the last working day of the current month.
Payment Terms: Strictly 14 days.
B. Signed after the 15th of the month:
Start Date: The ClickUp workspace is set up immediately, but billable work and hours commence on the 1st of the following month (Month 1).
Invoicing: Invoiced on the last working day of that following month.
Payment Terms: Strictly 7 days.
C. Website Recurring Billing:
If you have signed up using the website recurring billing option for any retainer package – the billing cycle will be from the day you sign up, however; work will commence as outlined above using the 15th day of the Month as the guide for work to be started in that current month, or the following month.
5. Flex-Time & Hours Management
We believe in agility. You are encouraged to populate your ClickUp board with as much work as you need.
Time Tracking: All work is timed and logged directly in ClickUp for full transparency.
The Overdraft Facility: If urgent deadlines require us to exceed your monthly retainer hours, we will continue working to meet your needs (subject to availability).
Adjustment: Any excess hours used in the current month will be deducted from the allowance of the following month. However, if the client continues to break the time allowances constantly, additional hours will need to be permanently agreed for the forthcoming months, as outlined in Section 6.3.
Advantage: This ensures your projects never stall due to administrative caps.
6. Renewal, Upgrades & Cancellations
Fourteen (14) days prior to the end of the 3-month term, Next Level Digital will contact The Client to review performance. At this stage, The Client may:
Renew for another 3-month term.
Upgrade their package (e.g., Foundation to Growth) for the next term.
Add Additional Hours at the same rate as per retainer, if they are running over, or other work is needed and the current package does not allow that due to time constraints. For example, if you are on the Foundation Package (8hrs) but not quite ready for Growth (16 hrs), and needed 12 hours a month, then an Ad-hoc payment would be issued a the end of the month for the difference, at the same pro-rata rate as your current plan and these are on a month-to-month agreed basis.
Cancel with no further obligation after the current term ends.
7. Service Standards & Rectification
Standard of Work: Next Level Digital warrants that all services will be performed with reasonable skill and care, adhering to current industry best practices.
Rectification Period: Upon delivery of a task (e.g., a website update or design asset), The Client has 5 working days to review and request amendments.
Technical Errors: Any bugs, errors, or deviations from the written brief identified within this period will be rectified immediately at no cost (time is not deducted from the retainer).
Change of Mind: Revisions requested due to a change in preference or new instructions after work is completed will be billable against the retainer hours.
8. Legal & Liability
GDPR Compliance: Both parties agree to comply with the UK Data Protection Act 2018 and GDPR. Next Level Digital will process client data solely for the purpose of fulfilling this contract.
Intellectual Property: Upon full payment of the relevant invoice, all copyright and intellectual property rights for work created (Design, Code, Content) are automatically transferred to The Client. Next Level Digital retains the right to display the work in a portfolio.
Limitation of Liability: Next Level Digital’s liability for any claim arising out of this agreement shall be limited to the total fees paid by The Client in the preceding 3 months. Next Level Digital is not liable for indirect losses, such as lost profits or business interruption.
Jurisdiction: This agreement is governed by the laws of England and Wales.