Please note: The word “you” when used in this contract refers to you, the client. The words “we” & “us” refers to Prystine Web Solutions Ltd.
Third-Party Software
Third-party software, such as plugins & themes, are pieces of software that extend the functionality of WordPress. Some are free while others are premium (paid for).
We do not include the cost of any third party plugin, theme or other software in our quotes & contracts, unless explicitly agreed otherwise.
We actively encourage businesses to purchase the relevant license keys and software in their own names for business continuity reasons. In the majority of cases, we are of course, happy to install and configure the third party plugins, that is as along as they pertain to the project brief and have been discussed & agreed before engaging in to the contract.
External software and our maintenance service
If your site uses premium (paid-for) software and the licence keys are not active (have lapsed), this will prevent our ability to maintain the site and may cause problems. Please ensure all licence keys are active and kept up to date. We are happy to help provide a list of what licence keys are needed and where you can purchase them.
Legal & Liability
Below we outline our standard of practice as well as set up expectations with regards to liability.
General overview
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 cannot guarantee that our work will be completely error-free and so we cannot be liable to you or any third-party for damages, including lost profits, lost savings, lost content/data or other incidental, consequential or special damages.
Your liability to us will also be limited to the amount of fees payable under this contract and you will not be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Web hosting
We resell server space & other hosting services WP Engine & 20i. We have very little influence over the activity that takes place at the data centres, therefore, we do not accept any liability for downtime, loss of content or loss of profits as a result. That being said, the companies & their data centres do maintain an uptime SLAs of 99.9% and past performance has indicated this to be true.
Limitations & restrictions
- Site condition: If we’re migrating your existing website from a different provider, your site’s core software, php version, plugins & themes should be up to date. If not, we can provide a one-off quote to fix this.
- Storage space is limited to 3GB/site for our Managed WordPress plans and 5GB/site for our Managed eCommerce plans.*
- Bandwidth is limited to 20GB/mth/site for our Managed WordPress and Managed eCommerce plans.*
- Visitors are limited to 10,000/mth/site for our Managed WordPress and Managed eCommerce plans.*
*These can be increased to suit and scaled as your website grows, but there may be additional charges.
In any case, with the proper access we can find out what your site condition is, along with the storage space, avg. monthly visitors and bandwidth usage.
Site maintenance
At its core, our maintenance services keep the websites we manage up to date and secure. While the work we do will improve the security, speed and performance of the websites we maintain, we cannot guarantee there will never be a case of downtime, loss of content or loss of revenue as a result, especially in cases where we maintain a website, but do not host it. Due to this, we do not accept any liability for downtime, loss of content or loss of profits as a result.
We will ensure the plugins, theme and core software are kept up to date regularly. Backups will be taken weekly to a remote location. We will install and configure an advanced antivirus and firewall software to help prevent malicious attacks. You will receive a monthly care report detailing the maintenance carried out, uptime figures, website analytics site health overview and more.
Limitations & restrictions
- Theme & plugin updates: We will not be able to carry out theme or plugin updates if you do not have the appropriate licence keys. See section Third Party Software.
- PHP updates: If we do not have control panel access, chances are we will not be able to update the PHP version your site runs on. We may not be able to update the PHP version also if you do not have the right licence keys for your plugins & theme.
- Site condition: If we’re managing your existing website, your site’s core software, php version, plugins & themes should be up to date. If not, we can provide a one-off quote to fix this.
Insurance
We strongly advise that you procure your own insurances regarding your website, including cyber security insurance, as they are not covered by our own insurance policies.
Web design & development
Although we create websites & web-apps adhering to good practices, we cannot guarantee our work will be error free. Therefore, we accept no liability for errors or faults within the websites/web-apps we build. That includes errors that lead to a loss of data/content, downtime, loss of profits or other.
We do however, provide a 14 day grace period to fix any bugs or errors that crop up after launching a project live. This is providing our work hasn’t been tampered with by third parties and excludes user created issues i.e. where training has been provided and not adhered to.
SEO/Marketing
We cannot guarantee results for any Search Engine Optimisation (SEO) or marketing work we carry out, or advice we give. We are primarily a website design & development agency and the SEO and marketing work & advice are supplementary.
We strongly suggest you reach out to specific experts for work, advice and guidance on marketing and SEO. We are of course happy to provide a recommendation of trusted partners.
Intellectual property rights
Just to be clear, 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.
First, you guarantee that all elements of text, images, videos or other artwork you provide are either owned by yourselves, or that you have 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 are using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we have obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you are using their intellectual property.
Provided you have paid for the work and that this contract has not been terminated, we will assign all intellectual property rights to you as follows.
- You will own the website and artwork we have designed for you.
- We will give you the source files and database(s) to keep, should you wish. Please contact [email protected] to arrange.
- You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
If this contract is properly terminated by you because of our breach then all intellectual property created up to the date of the breach will be automatically assigned to you (or, in the case of Intellectual Property we do not own, be licensed to you accordingly to how it was licensed to us). We will own any intellectual property rights we have developed prior to, or developed separately from this project and not paid for by you.
Acceptance of work
We expect you, the client, to ensure that the work has been verified and validated after each deliverable as being fit for purpose before it is put to use or otherwise depended upon.
Displaying our work
We love to show off our work. You acknowledge that from time to time we may wish to display results and outcomes of the work. We will of course seek permission from you which should not be unreasonably withheld.
Sensitive and confidential data/material will be omitted or completely obsecured.
Payments, Cancellation & Refunds
Below we outline our payment, cancellation and refund policies.
Changes to project scope
If the project scope changes from what was originally agreed, we reserve the right to quote for the additional work required.
Cancellation policy
You may cancel your service(s) with us by writing to [email protected]. We will acknowledge the cancellation and inform you of any outstanding bills and/or what the next steps are in terms of migrating your services away from us within 72 hours.
Notice period
Your notice period is set by the billing cycle, unless specified in your proposal/contract or agree otherwise.
Example: If you pay for website maintenance on a rolling annual basis, your notice period is one year. If you pay for your website hosting on a rolling monthly basis, your notice period is one month.
Refund policy
General
Refunds for services/products are at our discretion.
Website hosting & site maintenance
Providing a refund for hosting & maintenance services that have been paid for and will not be utilised is at our discretion. In the majority of cases however, we will provide a refund.
Example: If you pay for website hosting on an annual basis and decide to cancel after 8 months, we may refund you for the 4 unused months.
Web design & development
We do not provide a refund for work we have completed, unless agreed otherwise. Ultimately the hours spent or resources used in the majority of cases cannot be recovered.
Example: If we are halfway through a website design project and you, the client, decides to no longer pursue the project, you will still be liable for payment of the work we have carried out thus far.
Domains, paid-for SSLs & other services
We do not provide a refund for any domain, SSL or other service/product purchase, unless agreed otherwise.
Payment policy
Payment will be due within 7 days upon receipt of the invoice, unless specified and agreed otherwise. We accept payment via bank transfer, direct debit or credit/debit card.
Late payment charges
We reserve the right to charge interest and a late payment fee for outstanding invoices aged 30 days or more, inline with the Government guidelines.
Inflation
We reserve the right to increase the price of our on-going (rolling) services each year on 1st January, inline with the Consumer Rate Index.
Other price increases
We reserve the right to increase the price of our on-going (rolling) services each year as our supplier costs increase, amongst other factors.
Retention of Data & Assets
Please note, that upon leaving our services:
Website files, media assets & databases:
- Will be removed and deleted immediately, with no data-retention. We can provide a full copy of your website files & databases, should you wish, please contact [email protected] to arrange.
Email accounts that are hosted on our platform:
- Will be removed and deleted immediately, with no data-retention. Please ensure you have adequate backup(s) in place.
Customer data:
- Will be removed and deleted after 90 days of leaving our services.
Any other data:
- Will be removed within 30 days, unless agree otherwise.
Agreement
When buying a service or product from us, you, the client, have read, understood and agree to our terms and conditions outlined above.