Terms of Service

Agreement to our legal terms

We are Department of Creative Affairs Ltd, trading as DCA (“DCA”, “we”, “us” or “our”), a company registered in England and Wales under company number 16019114, with its registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. We operate the website thedca.co and related products and services that refer or link to these terms (collectively, the “Services”). DCA helps marketers find and work with independent agencies through agency profiles, search, AI-assisted matching and shortlisting, introductions, editorial information and consultancy. We offer free and paid agency profiles. These terms apply to visitors, marketers using our search and matching services, agencies claiming or managing profiles, and paying members. An agency’s inclusion in an unclaimed profile does not itself mean that the agency has accepted these terms. Our agency profile, matching and membership services are intended for business and professional use. If you use the Services on behalf of an organisation, you confirm that you have authority to act on its behalf. Payment, subscription and membership provisions apply only where you purchase the relevant paid service. Separate written consultancy or project terms take precedence for that engagement where they conflict with these terms. By using the Services, you agree to these terms. Where we ask you to accept them before submitting information, claiming a profile or purchasing membership, you must do so before proceeding. If you do not agree, you must not use the Services. The Services are intended for people aged 18 or over. You can contact us at hi@thedca.co or at the registered office address above.

Changes to these terms

We may update these terms to reflect changes in our Services, business or legal obligations. We will publish the revised terms and their effective date.

We will give registered users and paid members reasonable advance notice of material changes, normally at least 30 days. Where an urgent legal or security change requires shorter notice, we will explain this as soon as reasonably practicable. Changes will not apply retrospectively to accrued rights or disputes. Material changes to an existing paid membership package or its price will take effect on renewal unless you agree otherwise or a change is required by law. We will obtain fresh acceptance where necessary. Additional terms apply only where they are identified and made available before you agree to the relevant service.

1. Our services

We provide access to agency information, search, matching, shortlisting and related services. Section 33 explains how profiles, verification, paid prominence and matching work. Free access does not create an obligation to purchase membership or consultancy. Any chargeable work will be identified and agreed before it begins. You must use the Services in accordance with applicable law. We do not represent that the Services meet requirements specific to every regulated industry or jurisdiction.

2. Intellectual property rights

Our intellectual property

We own or license the intellectual property rights in the Services, including their software, databases, design, editorial content, graphics and branding. Third-party content and trademarks remain the property of their respective owners. Subject to these terms, you may access the Services and download or print relevant information for your organisation’s internal business purposes, including assessing and appointing agencies. You must not reproduce, republish, sell or commercially exploit our content or databases beyond that permitted use without our written permission. You must retain applicable ownership notices.

Your content

You retain ownership of the content you supply.

“Public Contributions” means material you deliberately submit for public display, including agency profile information, work examples, articles, images and approved testimonials. “Private Material” has the meaning given in section 33.5. Private Material is not a Public Contribution merely because you submit it through a chat, form or upload facility. You must have the rights and authority needed to supply content and permit its intended use, including permissions for client work, logos, photographs and personal information. Sending feedback or suggestions does not transfer ownership of your intellectual property to DCA. We may use voluntary feedback to improve the Services, subject to our confidentiality obligations. Sections 10 and 11 govern Public Contributions. Section 33.5 governs Private Material.

3. User representations

By using the Services, you confirm that:

• You are aged 18 or over and have authority to enter into these terms.
• Information you provide is accurate to the best of your knowledge and is not deliberately misleading.
• You will keep account and profile information materially up to date.
• You have authority to act for any organisation you represent.
• You will not use the Services unlawfully or infringe another person’s rights.
• You will comply with the restrictions in section 9.

We may request evidence of your identity or authority where reasonably necessary to protect accounts, profiles or other users.

4. User registration

Some features may require registration. You must keep your login credentials secure and notify us promptly if you suspect unauthorised access. You are responsible for activity you authorise through your account. You must not impersonate another person or agency, claim a profile without authority, or transfer account access to an unauthorised person. We may reject or change a username that is misleading, infringes another person’s rights or is otherwise inappropriate.

5. Products and membership benefits

Paid agency membership provides the agency profile features and visibility benefits described at checkout or in the written proposal you accept. Your order confirmation records the agreed package. Members can publish their own content on their profiles, subject to these terms and the features available within their package. Membership does not include DCA-written editorial profiles, a quota of articles published by DCA, editorial consultancy, participation in reports or other editorial coverage unless separately agreed in writing. Verified status requires completion of the verification requirements in section 33.2. Payment alone does not confer verification. Featured profiles receive additional prominence as described in the relevant package and section 33.4. Membership does not guarantee enquiries, introductions, a particular search position, inclusion in a particular shortlist or new business. Benefits already agreed for an existing paid term remain subject to that agreement unless a change is agreed with the member.

6. Purchases and payment

Prices, payment methods, billing arrangements and any applicable VAT will be stated before purchase. Unless otherwise stated, charges are in pounds sterling. You must provide accurate billing and payment information and keep it up to date. You authorise us and our payment providers to collect the charges you agree to pay. We will not increase the price for an existing paid term without your agreement. If we discover a pricing error after an order, we will contact you to agree the correct price or cancel the affected order and refund the payment. We will not charge an increased amount without your agreement. We may decline an order where reasonably necessary, including where we suspect fraud, lack of authority or misuse of the Services. If we decline an order after taking payment, we will refund it.

7. Subscriptions

Billing and renewal

Unless your order states otherwise, membership is annual and renews automatically for successive annual terms until cancelled. By purchasing a renewing subscription, you authorise recurring charges to your chosen payment method.

Cancellation

You can cancel renewal by contacting hi@thedca.co before the renewal date. Cancellation takes effect at the end of the current paid term.

Fee and package changes

We will notify you of any renewal price or material package change at least 30 days before renewal, allowing you to cancel before the new charge applies. Changes will not affect the current paid term unless agreed with you or required by law.

8. Refunds policy

Cancelling an annual membership normally stops the next renewal and does not entitle you to a refund for the remainder of the current paid term. This does not affect a refund due because of our breach, a right expressly stated in these terms or your order, or a right that cannot lawfully be excluded. If we end a paid service for convenience before the end of the paid term, we will refund the unused portion of any prepaid fee for that service.

9. Prohibited activities

You must not:

• Use the Services unlawfully, fraudulently or to infringe another person’s rights.
• Supply false or misleading information, reviews or references.
• Impersonate another person or claim an agency profile without authority.
• Upload malicious software or interfere with the security or operation of the Services.
• Attempt to access accounts, systems or private information without authorisation.
• Harass, threaten or abuse users, referees, agencies or DCA staff.
• Collect contact information for unsolicited marketing or spam.
• Scrape, systematically extract or copy our databases or content without written permission.
• Use automated tools to access the Services without permission, except ordinary search engine indexing and standard browser functionality.
• Reverse engineer our software except where applicable law permits it.
• Circumvent access restrictions or misuse paid features.
• Sell or transfer a profile or account without our agreement.
• Publish content that you do not have permission to use.

These restrictions do not prevent legitimate criticism, lawful reporting or the exercise of legal rights.

10. User-generated contributions

This section applies to Public Contributions. Private Material is governed by section 33.5. You are responsible for the content you publish or submit for publication. It must:

• Be materially accurate and not misleading.
• Comply with applicable law.
• Respect intellectual property, privacy and confidentiality rights.
• Have any permissions needed for its intended publication.
• Not contain unlawful, defamatory, discriminatory, threatening or abusive material.
• Not include private client information without authority.

Publishing content on an agency profile does not mean DCA endorses it or has independently verified every statement. We may review, correct, restrict or remove content that reasonably appears to breach these terms. Where practicable, we will explain the reason and allow you to respond.

11. Contribution licence

You grant DCA a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, display and distribute Public Contributions as reasonably necessary to operate and promote the Services and the relevant agency profile. This includes displaying the names, logos and images you supply for those purposes and allowing our service providers to process the content on our behalf. We may make technical or formatting changes and moderate content, but will not knowingly make changes that materially misrepresent it. This licence does not permit the separate sale of your content or its use to train general-purpose AI models. The licence continues while the content is published with your permission. You may remove content through available profile controls or request withdrawal by contacting hi@thedca.co. We will stop active use within a reasonable period, subject to any separate publication agreement and necessary legal or backup retention. Withdrawal does not require us to recall material already lawfully distributed, but we will stop new promotional use of the withdrawn content. Publicly sourced profile information is addressed separately in section 33.1. Private Material is excluded from this licence.

12. Reviews and testimonials

Reviews and testimonials must reflect genuine experience and must not be fabricated, misleading or submitted through impersonation. You must disclose any material relationship or incentive that could affect how a review is understood. We may request evidence of authenticity and may decline or remove material where there are reasonable grounds to question it. Public reviews and testimonials are licensed under section 11. Private client references supplied for verification or matching are governed by section 33.5. Providing a private reference does not authorise its publication as a review or testimonial.

13. Social media and connected accounts

Where the Services allow you to connect a third-party account, you must have authority to do so. The information made available to DCA depends on the permissions you grant and the third-party service’s settings. Our use of personal information is explained in our Privacy Policy. Your relationship with the third-party provider remains governed by its terms. You may disconnect an account through available controls or by contacting us.

14. Third-party websites and content

The Services may contain links to third-party websites and material supplied by agencies or other third parties. We do not control those websites or their terms, security or privacy practices. You should review the relevant terms before using them or entering into a transaction. An agency is responsible for the services it provides under its agreement with you. DCA’s responsibility for its own Services remains governed by these terms.

15. Advertising and paid placements

We may display advertisements, sponsored content and paid agency placements. Paid placements will be identified appropriately. Paid profile prominence in search, matching and other discovery areas is explained in section 33.4. Purchasing advertising or prominence does not guarantee that an agency is suitable for a particular assignment.

16. Services management

We may monitor use of the Services, investigate suspected misuse, moderate content and take reasonable steps to protect users, information and systems. We may restrict features or access where reasonably necessary to address breaches, fraud, unlawful activity, security risks or excessive demands on the Services. Our suspension and termination rights are subject to section 19.

17. Privacy policy

Our Privacy Policy, accessible through the privacy link on our website, explains how we collect, use, share and retain personal information.

This includes professional profile information, matching conversations and activity, account details and client-reference information. It also explains data protection rights and international processing arrangements. Accepting these terms does not itself constitute consent to marketing or an international transfer of personal information. Our contractual commitments concerning Private Material are set out in section 33.5.

18. Copyright and other rights complaints

If you believe content on the Services infringes your copyright or other rights, contact hi@thedca.co. Please identify the content, explain your rights and the alleged infringement, and provide sufficient information for us to investigate. We may request further evidence and may temporarily restrict content while assessing a complaint. Where appropriate, we may share the substance of the complaint with the person who supplied the content, subject to applicable privacy and confidentiality obligations.

19. Term and termination

These terms apply while you use the Services and, where relevant, for the duration of a paid subscription. We may suspend or terminate access where you materially breach these terms, fail to pay amounts due or create a material legal or security risk. Where practicable, we will explain the reason and give you a reasonable opportunity to remedy the issue. We may act immediately where reasonably necessary to address serious misuse, unlawful activity or a security risk. We may also discontinue an account or service for business reasons on reasonable notice. If we end a paid service for convenience, we will refund the unused portion of the prepaid fee for that service. You must not evade a lawful suspension by creating another account or using another person’s identity. Termination does not affect accrued rights. Provisions intended to continue, including confidentiality and applicable liability provisions, remain effective.

20. Modifications and interruptions

We may update the functionality, presentation and content of the Services. We do not guarantee uninterrupted availability. Maintenance, faults or events beyond our reasonable control may cause interruptions. We will use reasonable care in managing changes and interruptions. We will not use this section to remove agreed material paid benefits during a paid term without agreement or an appropriate remedy. If we permanently withdraw an agreed material paid benefit during the paid term, you will be entitled to a proportionate refund of unused prepaid fees for the affected benefit. This does not limit another remedy available for our breach.

21. Governing law

These terms and any dispute or claim arising from them or the Services, including non-contractual disputes or claims, are governed by the law of England and Wales. Subject to mandatory rights that apply by law, the courts of England and Wales have exclusive jurisdiction.

22. Dispute resolution

If a dispute arises, contact hi@thedca.co with the relevant details. Both parties will seek to resolve it in good faith and ordinarily allow 30 days for discussion before starting court proceedings. This does not prevent either party from seeking urgent relief or taking steps necessary to preserve a claim or comply with a legal time limit. Neither party is required to submit to arbitration unless both parties separately agree in writing.

23. Corrections

Information on the Services may contain errors or omissions. We may correct or update it when these come to our attention. Please contact hi@thedca.co to report inaccurate profile information or other errors. Corrections to information do not override agreed prices, contractual commitments or accrued rights.

24. Disclaimer

We will provide the Services with reasonable care and skill.

Agency information and matching outputs depend on the information available to us and may contain errors or omissions. We do not guarantee complete coverage of the agency market, an agency’s availability or the outcome of an appointment. Verification and matching have the limits described in section 33. You remain responsible for deciding whether to appoint an agency and agreeing the terms of that engagement. These provisions do not exclude responsibility for DCA’s own breach or override section 25.

25. Limitations of liability

Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded. Subject to the preceding paragraph, neither party is liable to the other for indirect or consequential loss arising from these terms. Subject to the same paragraph and mandatory legal rights, DCA’s total aggregate liability to you arising from or in connection with the Services in each consecutive 12-month period beginning on the date you first accept these terms will not exceed the greater of:

• £1,000; and
• The fees paid or payable by you to DCA for the relevant Services during that 12-month period.

This cap applies collectively to all claims arising from events occurring within the relevant period, whether in contract, tort (including negligence), breach of statutory duty or otherwise. It is not a separate cap for each claim. Claims arising from the same or connected events will be attributed to the period in which the first such event occurred. Paid consultancy, advisory and pitch-management services will be governed by a separate written agreement setting out the applicable liability arrangements. Fees for those engagements are excluded from the calculation above. This section takes precedence over any conflicting exclusion, waiver, disclaimer or limitation of DCA’s liability elsewhere in these terms.

It does not restrict rights under data protection law where those rights cannot lawfully be restricted.

26. Indemnification

You will reimburse DCA for reasonable losses, costs and expenses arising from a third-party claim caused by your unlawful conduct, infringement of third-party rights or material breach of these terms. This does not cover losses caused by DCA’s own breach, negligence or unlawful conduct. We must notify you promptly of the claim, take reasonable steps to reduce loss and allow you a reasonable opportunity to participate in its defence. We will not agree a settlement imposing obligations on you without your consent, which must not be unreasonably withheld.

27. User data

We will use reasonable care to protect information held through the Services. You should retain your own copies of important documents. Retention and deletion of personal information are explained in our Privacy Policy. Private Material is also subject to section 33.5. Any liability for loss, corruption or unauthorised disclosure is governed by section 25. This section does not waive rights under data protection law.

28. Electronic communications and records

We may provide contractual notices, order confirmations and service communications electronically using the contact information associated with your account or transaction. Electronic acceptance and records may be used to evidence agreements relating to the Services. This does not constitute consent to promotional communications or waive any mandatory requirement imposed by law.

29. Mandatory legal rights

The Services described in these terms are intended for business and professional use. Nothing in these terms excludes rights or remedies that apply mandatorily under applicable law, including any consumer rights that apply to a particular transaction.

30. Miscellaneous

These terms, together with the order or separately agreed terms applicable to a service, form the agreement concerning that service. A failure or delay in enforcing a provision does not waive the right to enforce it later. If a provision is found unenforceable, the remaining provisions continue to apply. We may transfer our rights and obligations as part of a business transfer or reorganisation, provided this does not materially reduce your contractual protections. We will notify you where appropriate. Neither party is responsible for a failure caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the impact. This does not override an express refund obligation. These terms do not create a partnership, employment relationship or authority for either party to bind the other. Sections 25 and 33 take precedence over conflicting provisions elsewhere in these terms within their respective scope.

31. Agency membership services

Profile management and publication

Membership provides the paid profile features and visibility benefits agreed under section 5. Members may publish their own content on their profiles. They are responsible for keeping that content accurate, obtaining necessary permissions and complying with sections 9 to 12. DCA may moderate or remove content that breaches these terms. Access to profile publishing does not guarantee publication through DCA’s editorial channels.

End of membership

When paid membership ends, paid profile features, paid prominence and membership-dependent Verified or Featured status will end. A basic or claimed profile may remain on the Services and may remain eligible for search and matching. We will not display the agency as a current paid member or as holding an expired status. Content associated solely with paid profile features may cease to be displayed. Any continued use of agency-supplied content remains subject to section 11 and any separate publication agreement.

Private information will be retained or deleted in accordance with section 33.5 and our Privacy Policy.

32. Contact us

For questions, complaints, corrections or other enquiries, contact: Department of Creative Affairs Ltd Company number: 16019114 71-75 Shelton Street Covent Garden London United Kingdom WC2H 9JQ Email: hi@thedca.co

33. Agency profiles, verification and matching

33.1 Free and claimed profiles

We may create basic agency profiles using publicly available business information. An unclaimed profile has not been approved or validated by the agency, does not establish a membership relationship with DCA and is not Verified. Information may be incomplete or out of date. Agencies may contact hi@thedca.co to request corrections, claim a profile or request removal. We will assess requests reasonably, taking account of accuracy, applicable rights and any lawful basis for retaining information. To claim or manage a profile, you must be authorised to represent the agency. We may request evidence of that authority. Claiming a profile does not itself confer Verified status. Public availability of information does not remove applicable intellectual property or data protection rights.

33.2 DCA Verified

DCA Verified indicates that an agency has completed DCA’s verification process, which includes reviewing agency information and supporting client evidence. Verification reflects the evidence available at the time of review. It is not a guarantee of future performance, financial standing, suitability for every assignment or the accuracy of every agency statement. Agencies must keep their information materially accurate and notify us of significant changes. We may request further evidence or withhold, suspend or remove Verified status where our requirements are not met or supporting information is unreliable. We will ordinarily explain the reason and provide a reasonable opportunity to respond. Payment alone does not confer verification.

33.3 Matching, shortlisting and introductions

Our matching tools use AI and available agency information to interpret requirements and identify potential agency partners. Results may include both paying and non-paying agencies. They provide options for further assessment, do not cover every agency in the market and may change as your requirements or our information change. AI can make errors and draw incorrect inferences. You should check important assumptions and confirm scope, budget, availability, conflicts, relevant experience and contractual terms before appointing an agency. A recommendation or introduction does not guarantee that an agency will accept the work or achieve a particular result. You decide whom to appoint. The agency is responsible for its services under its agreement with you. DCA is not a party to that agreement and has no authority to bind either party. Any paid DCA consultancy or pitch-management engagement will be agreed separately. These provisions do not exclude DCA’s responsibility for its own Services.

33.4 Paid membership and prominence

Verified and Featured profiles receive priority placement in relevant search results and greater prominence across the site. Featured profiles may receive additional prominence as described in the relevant package. Paid membership can affect the order and prominence of profiles. Results are therefore not ordered solely by agency suitability. Personalised matching considers your requirements and available agency information. Paid status may influence ordering among comparably suitable agencies, but payment does not make an otherwise unsuitable agency eligible for recommendation. We will identify paid prominence appropriately in the relevant results or placements. No membership tier guarantees a fixed position, number of introductions or volume of work.

33.5 Private material and confidentiality

Private Material includes non-public matching conversations, uploaded briefs, budgets, business requirements, private agency information and client-reference responses submitted for verification or matching. You retain any ownership and intellectual property rights you hold in Private Material. It is excluded from the public-content licences in sections 2, 10, 11 and 12. You permit us to receive, store, analyse and otherwise process Private Material only as reasonably necessary to provide, administer and secure the requested Services, handle disputes and meet legal obligations. This may include processing by AI, hosting and other service providers acting on our behalf under appropriate confidentiality and data protection obligations. Access will be limited to people and providers who need it for those purposes. We will not use Private Material to train AI models or allow our AI providers to use it to train their models. Processing information through an AI model to provide matching or verification is distinct from using that information to train the model. We will not sell or publish Private Material. We will obtain your permission before sharing your brief, identifying information or non-public requirements with an agency, explaining which agency will receive what information. Accepting these terms alone does not authorise that sharing. Private agency information and client references may inform verification and matching. We will not disclose confidential fields, underlying reference responses, referee identities or private comments to other users without the relevant permission, except where legally required. Public quotations, attribution and testimonials require separate approval. Agencies nominating referees must have authority to supply their contact details and tell them to expect contact from DCA. Confidentiality obligations do not apply to information we can demonstrate:

• Is lawfully public other than through a breach of confidentiality.
• Was already lawfully known to us without restriction.
• Was received lawfully from another source without restriction.
• Was independently developed without using the Private Material.

Where disclosure is legally required, we may disclose only what is required and, where legally permitted, notify the affected person. You must be authorised to supply Private Material. Do not upload passwords, payment-card details or unnecessary sensitive personal information. We will retain Private Material only for as long as reasonably needed for the stated purposes and applicable retention obligations. Requests concerning access or deletion may be sent to hi@thedca.co. Personal information is also governed by our Privacy Policy and applicable data protection rights. Our confidentiality obligations continue after membership or use of the Services ends.