Terms and conditions

Summary of Key Terms

This summary is for guidance only and does not replace the full Terms:

  • What We Do – Build, host, and support websites for estate and letting agents.

  • Fees & Payments – Subscriptions billed monthly in advance. Template builds: build fee invoiced upfront, subscription starts when we begin work. Custom builds: 50% deposit upfront, balance due at launch with subscription starting. Powered-By Attribution is included as standard; removal at your request incurs an additional monthly Attribution Removal Fee. Anything outside your agreed scope is quoted separately and charged at our standard rate. Invoices due within 28 days. Late payments may get interest charges and service suspension. Cancelling before launch: £60/hr for work to date. Stock imagery/video charged separately.

  • Ghost Policy – Projects dormant > 90 days may be invoiced up to the full remaining project fee and placed on hold. Restarting requires new quotation and settlement of original fees.

  • Termination – Either side can terminate with 30 days’ notice. Immediate termination for breach or non-payment.

  • Liability – Capped at the lesser of 3 months’ fees or £1,000. No personal liability for our directors, employees, or contractors.

  • Support – 1–3 hours/month included depending on subscription tier. Urgent issues acknowledged within 4 hours, medium within 1 day, low within 3 days. Response time means acknowledgement, not guaranteed resolution. Bugs in our work are fixed free of charge.

  • Intellectual Property – You own your content. We retain ownership of our platform and license it to you during your subscription.

  • Your Responsibilities – You are responsible for all activity under your user accounts. Notify us of breaches. No unauthorised third-party access. You provide legal, accurate content and confirm you have permission to use it. You follow all data protection laws.

  • Project Review & Schedule – Timelines start once onboarding info/assets are provided. You must supply content/feedback within 8 weeks. After 4 weeks we may revise balance due, after 8 weeks the project may be terminated and full fee invoiced. Inactive projects may also fall under the Ghost Policy.

  • Data – You are the controller, we are the processor. Our DPA forms part of these Terms.

  • Marketing – We may use your company name/logo for marketing unless you opt out via email.

  • Property Portals – You are responsible for checking that property data uploads correctly.

  • Disputes – If there’s a problem, we’ll try to sort it out by talking. If unresolved within 14 days, it will be referred to an independent mediator. If that fails, it goes to the English courts.

  • Terms – Continued use of our service or paying an invoice means you accept our Terms.

  • Final Notes – The signed proposal plus these Terms form the full agreement. If it’s not written here or in the proposal, it’s not part of the deal.


Terms of Service

Last updated: 11/08/2025

These Terms of Service (“Terms”) govern the services provided by Darknight Designs Ltd (trading as Estate Apps) (“we”, “us”, “our”) to the client (“you”, “your”). By engaging our services, you agree to these Terms.

1. Scope of Services

We provide website design, development, hosting, support, and associated digital marketing services mainly for, but not limited to, estate and letting agents. The full scope is set out in your signed proposal.

2. Proposals & Acceptance

Your signed proposal, together with these Terms, forms the full agreement between us. By paying any invoice issued by us, you are deemed to have accepted these Terms in full, even if you have not signed them separately. You acknowledge that you have not relied on any statement, promise, or representation not expressly set out in the proposal or these Terms.

3. Fees & Payments

  • Subscriptions: Start on the date we begin work (for template projects) or on the date of launch (for custom builds). Billed monthly in advance unless otherwise agreed.
  • Custom builds: 50% deposit upfront, balance due at launch along with subscription starting.
  • Template builds: Any agreed build fee invoiced upfront, subscription starts when we begin work.
  • Invoices: Due within 28 days. Overdue invoices may incur interest at 4% above the Bank of England base rate and service suspension until settled.
  • Cancellation before launch: £60/hour will be charged for time spent to date.
  • Extras: Stock imagery or video purchased on your behalf is charged separately.

3.1. Attribution Credit & Removal Fee

Our standard service includes a "powered by Estate Apps" or "crafted by Estate Apps" credit on all public pages delivered as part of the services.

If you request removal of the attribution credit, you agree that an additional monthly Attribution Removal Fee of £30.00 (GBP) excl. VAT will apply in addition to your standard subscription charges. This fee will be invoiced in the same billing cycle as your subscription and will continue monthly until attribution is reinstated or your subscription terminates.

By requesting removal of the attribution credit, you confirm you have accepted the applicable Attribution Removal Fee as part of the agreed Services and Fees.

4. Ghost Policy (Dormant Projects)

If a project becomes dormant — meaning no meaningful progress, response, or client engagement for a continuous period of 90 days or more — we may invoke our Ghost Policy. Under this policy:

  • The project will be classed as ghosted and placed on indefinite hold.
  • We may invoice up to 100% of the remaining project fee, regardless of stage of completion, to cover resources already committed.
  • Any further work to reactivate the project will require a new quotation and may be charged at updated rates.
  • Original fees must be paid in full before recommencement.

This policy ensures projects do not remain indefinitely inactive, tying up resources that could otherwise be allocated to active clients.

5. Term & Termination

Either party may terminate any service with 30 calendar days’ written notice. We may terminate immediately if you fail to pay on time, misuse or abuse the services, or breach these Terms and fail to remedy within 7 days of notice.

Upon termination:

  • All outstanding fees become payable immediately.
  • Services cease at the end of the notice period (or immediately for cause).
  • You may request a final data export before closure but this is limited to data entered in the CMS content management system.
  • Provisions relating to Intellectual Property, Data Protection, Liability, Indemnity, and Governing Law survive termination.

6. Intellectual Property

You own all data, files, and logos you supply, and grant us the right to use them to perform our services. You confirm you hold all necessary permissions and indemnify us against infringement claims.

We own all IP in our platform, codebase, design, templates, and proprietary tools. We license their use to you only for the duration of your subscription and only for your project. You may not copy, resell, transfer, or reverse engineer our platform without our written consent.

We reserve the right to limit some software features to different subscription tiers. To access these features, you will be required to upgrade your subscription.

All rights, including trade mark rights, in the name “Estate Apps” and any associated logos, icons, trade dress or branding elements are owned by Darknight Designs Ltd. “Estate Apps” is a registered trade mark of Darknight Designs Ltd. Any unauthorised use of this trade mark may constitute an infringement of intellectual property rights.

7. Data Protection & Privacy

You are the data controller; we are the data processor. You must maintain an accurate GDPR-compliant privacy policy, obtain valid consents, and notify us of any data breaches affecting the platform.

Our Data Processing Addendum (DPA), which forms part of these Terms, sets out sub-processors, security measures, breach notifications, and retention policies

8. Liability & Indemnity

We exclude all liability for indirect, incidental, or consequential losses (including lost profit, revenue, goodwill, or data). All services are provided on an 'as is' basis without warranties or guarantees of any kind, except as expressly stated in these Terms.

Our maximum aggregate liability is capped at the lesser of (a) the total fees paid in the 3 months before the claim or (b) £1,000 (GBP). Nothing excludes liability for fraud, death, personal injury, or any liability that cannot be excluded by law.

Personal Liability: No director, officer, employee, agent, or contractor of Darknight Designs Ltd (trading as Estate Apps) shall have any personal liability for any act or omission in connection with these Terms. All obligations and liabilities are those of the company only.

You agree to indemnify and hold us harmless against all claims, damages, losses, or expenses (including legal fees) arising from your misuse of the services, your breach of these Terms, or content/data you provide. This includes any claim arising from our acting on your instructions, or from any integration, configuration, or third-party service you have requested or provided.

9. Service Levels & Support

Support Hours: Monday–Friday, 9am–5pm (UK).

Channels: support@estateapps.co.uk (preferred) or - +44 20 3086 8206 - telephone during office hours.

Response Times:

  • Urgent – Within 4 working hours (site down/critical failure)
  • Medium – Within 1 business day (major issue)
  • Low – Within 3 business days (minor tweaks)

Response times mean acknowledgement, not resolution. If an issue cannot be resolved immediately, we will provide an indicative timescale where possible.

Subscriptions include 1, 2 or 3 hours per calendar month depending on your subscription tier for amends to existing content/features. Hours are 'use it or lose it'. Additional work is charged at our standard rate. 'New' requests are quoted separately. Bugs in our work are fixed free of charge.

Our Service Level Agreement (SLA), which forms part of these Terms, sets out detailed commitments around service availability, maintenance, exclusions, and remedies.

10. Service Modifications & Third-Party Dependencies

We may add, update, or retire features with notice. Security, bug fix, and performance updates may be applied automatically. We are not liable for downtime, feature loss, or costs caused by third-party integrations, APIs, or services (e.g., CRMs, property portals, payment providers, mapping). We have no obligation to replace or replicate lost functionality if a third party changes or withdraws its service, policy, or API access.

11. Your Responsibilities

You are responsible for all activity occurring under your user accounts (logins). You shall notify us immediately of any unauthorised use of any password or account or any other known or suspected breach of security. You may not allow any third party access to our platform.

12. Project Review & Schedule

  • Timelines: Our delivery timeline starts once we have received the required onboarding information, assets, and approvals that allow us to begin work.
  • Template projects: Subscription begins when we start work. Any agreed build fees are invoiced upfront.
  • Custom builds: 50% deposit invoiced upfront. Balance due (and subscription begins) at launch.
  • Launch targets: We aim to launch by the date agreed, or within 12 weeks of starting work if no date is specified, unless a delay is agreed however, this is heavily reliant on your timely delivery of content / feedback as well.
  • Content deadlines: You must provide all required content and feedback within 8 weeks of our request. If content is not provided within 4 weeks, we may revise the balance due. If content is not provided within 8 weeks, the project may be considered in default, terminated, and the full fee invoiced.
  • Restarting: At our discretion, a terminated project can be restarted under a new quotation once original fees are paid.
  • Dormant projects: If deadlines are missed and the project remains inactive, our Ghost Policy (Section 4) may also apply.

13. Property Portal and Website Uploads

You, and not us, are responsible for checking the property listing data received by your CRM. We cannot be held responsible for the effects of data not being received or displayed on your website.

14. Marketing

From time to time, we may use your company details and logo for marketing purposes. If you do not wish your logo or project details to be used, you must notify us via email. We will not pass your information or logo to third parties without consent.

15. Suspension of Service

We may suspend services if payment is overdue, you breach these Terms, or your use threatens other clients or system integrity. We will notify you before suspension where reasonably possible.

16. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (including strikes, natural disasters, power failures, pandemics, or government action). Affected parties must notify the other promptly and take reasonable steps to mitigate. If a force majeure event continues for over 60 days, either party may terminate on 30 days’ written notice.

17. Dispute Resolution

If a dispute arises:

  1. The parties will attempt to resolve it through good faith negotiation.
  2. If unresolved within 14 days, the matter will be referred to mediation with a mutually agreed independent mediator.
  3. If mediation fails, the dispute may be brought before the English courts.

18. Governing Law

These Terms are governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction for all disputes.

19. General Provisions

Entire Agreement: These Terms, together with your signed proposal, are the entire agreement and supersede all prior discussions or agreements. You acknowledge that you have not relied on any statement, promise, or representation not expressly set out in the proposal or these Terms.

Severability: If any clause is unenforceable, the rest remain in effect.

Waiver: Failure to enforce any right is not a waiver of it.

Assignment: You may not assign rights or obligations under these Terms without our written consent.

Survival: Clauses relating to Intellectual Property, confidentiality, indemnity, limitation of liability, and governing law survive termination.


Addendum A – Service Level Agreement (SLA)

Last updated: 11/08/2025

This SLA forms part of the Terms of Service and sets out service availability, response times, maintenance, and exclusions.

1. Service Availability

  • Target uptime: 99.9% monthly, measured across all hosted services.
  • Excludes planned maintenance, emergency fixes, third-party failures, and force majeure events.

2. Support Services

Support Hours: Monday–Friday, 9am–5pm (UK).

Channels: Email support@estateapps.co.uk (preferred) or - +44 20 3086 8206 - telephone support.

Response Times:

  • Urgent: within 4 working hours
  • Medium: within 1 business day
  • Low: within 3 business days

Response time = acknowledgement, not resolution. If not resolved immediately, an indicative timescale will be provided.

Subscriptions include monthly support time depending on tier. Bugs in our work are fixed free of charge.

3. Maintenance & Updates

  • Security patches, bug fixes, and performance updates applied automatically.
  • Planned maintenance scheduled outside peak hours where possible.
  • Features may be introduced or retired with notice.

4. Exclusions

  • Issues caused by your content or unauthorised changes.
  • Failures in third-party services (CRMs, portals, APIs).
  • Force majeure events.
  • Out-of-scope development (quoted separately).

5. Remedies

If service levels are not met, remedies may include:

  • Additional support time at no cost.
  • A discount on the next invoice (at our discretion).

6. Review & Changes

We may update this SLA to reflect improvements. Continued use of our service or paying an invoice constitutes acceptance.


Addendum B – Data Processing Addendum (DPA)

Last updated: 11/08/2025

This DPA forms part of the Terms of Service between Darknight Designs Ltd (trading as Estate Apps) ("Processor") and the client ("Controller").

1. Definitions

As per UK GDPR: Personal Data, Processing, Controller, Processor, Data Subject, Supervisory Authority.

2. Scope & Roles

  • Controller determines purposes/means of processing.
  • Processor acts only on documented instructions except where required by law.

3. Processing Details

  • Subject Matter: Hosting, support, property marketing websites.
  • Duration: Term of services + lawful retention.
  • Nature/Purpose: Hosting, storage, retrieval, modification, deletion.
  • Data Subjects: Visitors, applicants, vendors, landlords, tenants.
  • Data: Names, emails, phone numbers, addresses, property details.

4. Processor Obligations

  • Process data only on Controller’s instructions.
  • Ensure confidentiality of staff.
  • Maintain security measures.
  • Assist with Data Subject rights.
  • Support GDPR compliance.
  • Delete/return data on termination unless retention required by law.
  • Provide information to demonstrate compliance.

5. Sub-Processing

  • Controller authorises sub-processors (hosting, CRMs, analytics).
  • Sub-processors bound by equivalent terms.
  • List of sub-processors available on request.

6. International Transfers

Transfers outside the UK will comply with GDPR Chapter V (adequacy, SCCs, etc.).

7. Security Measures

  • Encryption in transit and at rest.
  • Access controls/authentication.
  • Patching and vulnerability management.
  • Encrypted backups/disaster recovery.
  • Network monitoring/intrusion detection.

8. Data Breach Notification

Processor will notify Controller without undue delay and provide details to meet reporting obligations.

9. Termination

On termination, data will be deleted or returned unless legally required to retain. Retained data remains subject to this DPA.

10. Governing Law

This DPA is governed by the laws of England and Wales with exclusive jurisdiction of English courts.