The following applies to all work undertaken by Kintoweb in respect of their clients. By entering into any type of contract with us you accept these terms and conditions.
You have the authority to enter into a contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work, provide feedback and approval in a timely manner. Failure to do so will deem the contract void.
We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and we’ll maintain the confidentiality of everything you give us.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS. We may provide proofs to indicate a creative direction (colour, texture and typography). You’ll have plenty of opportunities to review our work and provide feedback. We’ll provide a web address of a testing site where you can comment on and approve the design as we create it. Only when you’re satisfied will we switch your current site design to the new one (handover/ completion). We provide unlimited email, telephone and/ or video conferencing consultation during the design process. Face to face meetings are unlikely to be required and are charged as an additional cost.
Additional text content over and above your current website should be provided in Word format. We advise that as a minimum you provide us with a basic Word document with the titles of the relevant pages and sections you would like included on the site. The more information you can provide the better, although we are equally able to work on initiative.
Graphics and photographs
You should supply graphic files where applicable in an editable, vector digital format if possible. You should supply photographs in a high resolution digital format e.g. Jpeg. Any images you provide are assumed to be royalty-free or to have the correct licensing in place. If you choose to buy stock photographs, we can suggest stock libraries. We also have access to royalty-free libraries. In particular, providing images to us which have been taken casually from the internet may leave you open to litigation from 3rd parties so we highly discourage this.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We’ll also test to ensure that people who use Microsoft Internet Explorer 11 for Windows get an appropriate experience. We won’t test in other older browsers unless agreed separately.
Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they are using. We test our designs in: iOS 9: Safari, Google Chrome Android: Google Chrome on Android Emulator We won’t test in Blackberry, Opera Mini/Mobile, specific Android devices, Windows or other mobile browsers unless agreed separately. If you need us to test using these, we can provide a separate estimate for that.
We prefer to host your website on our servers. We will manage updates and backups, and ensure to the best of our ability that uptime is as close to 100% as possible, In the unlikely event that the server fails we will not be responsible for any loss of income on your part. If you would like to host your site elsewhere we will provide a price for setting up the site, but once the site is live, updates and management is your responsibility. We reserve the right to do additional chargeable work to keep your website secure and up-to-date in order to protect the integrity of our hosting platforms. All Kintoweb hosting packages are provided on a reasonable use basis, as standard, you may not exceed 5GB storage. Please note, we do not accept responsibilty for user-made changes outside the scope of any Kintoweb design and as such all work undertaken to rectify issues arising from user interventions is chargeable at our standard rate.
We’ll carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. It is your responsibility to check, proof read and sign off on our work. If any provision of the contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the contract and shall not affect the validity and enforceability of any remaining provisions.
Where we accept deposit payments these are non-refundable. We reserve the right to suspend or cancel your account and any products or services associated with it in the event of non-payment. We expect payment in a reasonable time frame, past 90 days from invoice date we will automatically suspend your services and look to recover monies and accumulated costs. Web hosting, domain name registration, and associated services are provided on an ongoing basis, usually yearly, and failure to pay renewal costs may result in the termination of your product or service. Where we include these services as part of an initial package you may expect ongoing charges to begin after the first year. Assuming you have met your obligations and payments, you may request a copy of your data or web design to transfer ongoing services to an alternate provider. We will not charge you for this.
Intellectual property rights
“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property. We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you.
Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows: You’ll own the website we design for you plus the visual elements that we create for it. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. We’ll own any intellectual property rights we’ve developed prior to, or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.
Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.