Kyber Digital Ltd Terms of Business
1. Project Cancellation: You have a right to cancel your project at any time. In order to cancel a project you would need to write or e-mail us saying you wish to do so. We will calculate the time spent on the project and will either deduct it from the initial stage payment or invoice you for any additional work completed outside of the payments made. If the time spent on the project is less than the stage payment you gave us we will refund the difference. Once this is agreed we will pay refunds within 30 days. We have the right to cancel a project at any stage should we see that the client is not taking a reasonable approach, collaborating with us effectively or not working within the approach guidelines set out in the agreed proposal.
2. Cancellation of On-Going Services: On-going services are not in contract for any period of time unless specified otherwise. You have the right to cancel any ongoing services at any time. In order to cancel any service you will need to write to us or send us an e-mail saying you wish to cancel. For cancellation of services we will need at least 2 weeks' notice in order to work through a cancellation process.
3. Domain Name Transfers Out: If you are transferring your domain name to another provider then we will need your company to email us indicating your intentions to do so. We will need the following details in the email: Technical Contact Name & Email of the person who will be handling the transfer, date of when you would like the transfer to happen. It is the responsibility of your new provider and/or your nominated technical contact to handle the transfer ensuring all services are fully set-up on the new network. Once DNS changes are made then any emails or information hosted on the domain will automatically be lost. It is the responsibility of your new network provider to make sure your email is configured correctly on the new network and that you have all relevant information needed for your new website. It is the new networks responsibility to make you aware of all outcomes related to the DNS changes they are requesting. All requests for DNS or network changes must be emailed through to email@example.com. We will need one week’s notice to action any DNS requests. We cannot not take DNS changes requests via phone.
4. Additional Work on Projects: We will aim to get all work completed within agreed specifications, time guidelines and costs. During the project additional work (not in the proposal) is usually requested. We can usually accommodate additional structural and design specifications in the project if they are notified at the concept/design stage. Larger changes outside the scope of the project can be quoted. We can also accommodate some additional content specifications if they are supplied with the content in one batch. If additional new content, additional functions or design changes are required which puts the work over the agreed hours then we will invoice you for the additional time taken to carry out this work.
5 Modifications: You will have a chance to review various stages of the project and make modifications before the project is moved onto the next stage or is signed off. Variations can be sent via email or through phone/zoom meeting or in a face to face meeting. We allocate a range of variations depending on the type of project and the stage. These are as follows:
- Concept Design all project types: 3 sets of design variations
- Wireframes for website: 2 sets of variations
- Wireframes for Phone Apps: 3 sets of Variations
- Wireframes for Web App: 6 sets of Variations
- Draft Website or Phone App: 2 Sets of Variations
- Draft Web App: 4 sets of variations unless otherwise specified
- Web App Live: 4 sets of Variations unless otherwise specified
- Website Live: 2 sets of variations
If we have excess time on the project then we can accommodate further modifications if requested by the client. If you require further sets of modifications then this may delay the project but may also require more development time which may be charged.
6. Wireframe Approval: We provide detailed wireframes for web apps, phone apps and on some occasions websites, this is to give you an idea of the user journey and all the functions within the website or app. The specifications and layouts presented in wireframes are the finalised specifications for the project. The wireframe screens are the finalised interpretation of all discussions, emails requirements and proposals. The wireframes supersede any other specifications, requirements and screens or software that was discussed viewed or emailed. It is the clients responsibility to ensure that all required functions are included in the visual wireframe screens. We will build the website, web app or phone app based on the agreed screens. Any further developments that are not in the screens may be classed as additional development and may be charged.
7. Support: We cannot support your 3rd party software or any other online services or applications not exclusively built by Kyber Digital. Our telephone and e-mail support hours are 9am to 5pm Monday to Friday. (excluding Northern Ireland Bank Holidays & the week after Christmas) We aim to respond to all support enquiries within 1 working day, however if the issue requires a more in depth technical assessment or the support team are very busy then this may take longer. If specified in the proposal then we can provide training for our systems during the website or web app handover. We offer follow up support customer support for general queries regarding the website and web apps and any of our applications such as our own content management system, e-zine etc. If you require more support than normal we can organise further training at a cost. We do not provide software or hardware support for computers, mobile devices or your network. In some cases we do provide an e-mail service and will provide you with the settings for e-mail accounts however we cannot set-up or configure your devices. If you are having e-mail issues we will test your account settings and resolve any issues on our side however if the settings are not working on your device then you will need contact the IT Support Provider that looks after the device you are having issues with. We are not an IT Support Provider but if you require one we can usually recommend a number of reliable companies depending on your location.
8. Maintenance: You can get changes made to your website or web app by e-mailing your changes or discussing these with one of our staff. Email maintenance requests should be submitted via e-mail to firstname.lastname@example.org . Once changes have been received they can take up to 3-5 working days to be completed, this may take longer in busy periods. If changes are urgent or need to be completed in a specified time then this will need to be agreed with Kyber Digital. Updates to Phone Apps take considerably longer as changes require an update to be submitted and it needs to be reviewed by Apple and Google.
9. Fixes & Testing: We will test websites and apps to ensure they work effectively when going live. We will also complete any fixes up to one month after they go live onto their main domain or are deployed onto the app stores. The websites and web apps are standalone systems and are not Software As A Service, therefore updates are not automatic and they will likely need updates over time. Fixes and enhancements are required due to changes and updates with browsers, search engines, compliance, regulations, hosting platforms and third party software and services. Any fixes, modifications or updates required after the 30 day grace period will be counted as maintenance. Our websites and web apps are bespoke i.e. they are not off the shelf solutions and may require a higher level of tweaking during development and after live.
10. Payments: Our payment methods options vary depending on the service and your preference – these are as follows:
Projects: We have two options for project payments:
- Stages Option: This option is invoiced via four 25% stage which are connected to project milestones. This include a 25% deposit to start the project, 25% on concept/wireframe approval, 25% on first draft and 25% after the website or system is put on the live domain. This option can be paid by direct debit (UK & NI) or standing order (if you are in Republic of Ireland) credit card, BACs or cheque. Invoices have 14 days payment terms.
- 6 Month Payment Plan: This is paid over 6 monthly instalments of a 25% deposit and then five 15% instalments on month 2, 3, 4, 5 and 6. This option can only be used if the project is being paid by direct debit (UK & NI) or standing order (if you are in Republic of Ireland)
- Ongoing Network Services (Hosting, Email & SSL): We have options for payments for these services:
- Monthly: this can be paid monthly via direct debit (UK & NI) or standing order (if you are in Republic of Ireland)
- Yearly: this can be paid yearly in advance via by direct debit (UK & NI) or standing order (if you are in Republic of Ireland) credit card, BACs or cheque. Invoices have 14 days payment terms.
- Yearly Allocation Paid Monthly : this can be paid monthly via direct debit (UK & NI) or standing order (if you are in Republic of Ireland)
- Yearly Allocation Paid Annually in Advance: this can be paid yearly in advance via by direct debit (UK & NI) or standing order (if you are in Republic of Ireland) credit card, BACs or cheque. Invoices have 14 days payment terms. If there is a large overrun on your maintenance and support and you use more than this then we will invoice you each quarter for the time used.
- Ad Hoc Maintenance: If you have a large amount of maintenance that is not covered with your maintenance agreement then we will estimate the time for this and invoice 50% to start and the remaining hours that were used on completion.
- Maintenance: Maintenance can be paid via the following
- Digital Marketing: All campaigns have an onboarding fee which can be paid via by direct debit (UK & NI) or standing order (if you are in Republic of Ireland) credit card, BACs or cheque. Invoices have 14 days payment terms. The monthly management fee is then started within about 5 weeks of the onboarding fee. Payments for campaigns are only for our management and content – all advertising is paid directly to the providers e.g. Google, Facebook, Twitter, LinkedIn.
11. Search Engine Listings: We will submit your website to Google and in general the websites we produce do get listed quickly. However we cannot guarantee you will be listed with Google or any other search engine. Search engines are constantly refining their algorithms. Kyber Digital will not be held liable for any loss of business due to search listings.
12. Copyright and Intellectual Property of Code and graphics: The website graphics, database, content and front end code all belong to the client (upon full payment for the service). The source code of completely bespoke web applications belongs to Kyber Digital unless specified otherwise. Systems or websites cannot be resold or reused without written consent from Kyber Digital. The source code of web applications such as the content management system, e-zine and e-commerce applications remain the full property of Kyber Digital. The content management system, e-commerce systems and e-zine are all proprietary to Kyber Digital and cannot be transferred or hosted with another company.
13. Copyright and Intellectual Property of Photos and Content: It is the client’s responsibility to check that they have permission to use photographs and text that they supply or add onto the website.
14. Stock Photography: If you require photography then we can acquire photographs from our subscription online stock photography suppliers and use these in the design and also the main body content. You have the right to use these on the website. If you need a copy of the photos we can e-mail these to you however if you need them in a higher resolution then you will need to purchase these yourself from the stock photography website.
15. Third Party Software and Applications: As part of your website set-up or as part of ongoing maintenance we will from time to time add/integrate 3rd party applications to your website. Although we will test each application at the time of integration further updates by the companies that provide the application may cause it to stop working or changes may cause problems. Although we can work to fix any issues we will need to charge for our time.
16. Access to our servers: In order to protect the security of your website and other clients as well as our intellectual property then we do not allow anyone access to our servers other than the server engineers and our web developers.