We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we can both know what to expect during unforeseen circumstances. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is transparency for both parties, now and in the future.
This agreement is between the client “you” and Kipos Systems Ltd for which its marketing name is Kipos. Kipos has its registered address at Top Floor Flat, 11 Beaufort West, Bath, BA1 6QB and is a limited company registered in England and Wales, no. 09197106.
We will quote a initial installation fee and a yearly fee. The yearly price is only guaranteed for up to one year after the initial year or unless otherwise agreed upon in writing. After this term, we will review the price each year. The renewal fee once paid is non-refundable.
Kipos as a piece of software is designed to work in a browser, we will ensure at all times it works in the latest versions of Google Chrome (for desktop and Android) and Safari (for iPads and iPhones). For printing we supply Android Pi’s and a Windows based printing app.
As Kipos is reliant on the internet, you will be required to have a working internet connection. Kipos requires a minimum of 5mbps and a suitable ping is below 100ms. We suggest any devices used for printing are plugged into a router via a ethernet cable.
We issue invoices electronically. Our payment terms (unless otherwise agreed upon in writing) are thirty days from the date of invoice by BACS. All proposals are quoted in Great British Pounds (£ GBP). The appropriate bank account details will be printed on our electronic invoices. We reserve the right to terminate the contract at any time if any of the payment terms are not met.
Any hardware provided by us is suitable for use for Kipos at the time of installation. It will there after be owned by yourselves unless stated otherwise.
The service should be available 24 hours a day, 365 days a year. Our service level agreement agrees to meet an uptime of 99.9% which means we may have downtime of up to 8 hours 47 minutes yearly. If we are unable to provide to our agreed SLA, we agree to refund a percentage of the renewal fees back.
If we have provided a website or app the following apply:
If we have bought a domain on behalf of yourselves, you are able to take the domain away from us at any time. It is possible for us to add any other DNS records you require as long as it will not interfere with how Kipos would work.
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. By sending us a menu or ideas, you are giving us the ability to use the ideas, design and colour scheme. You’ll have plenty of opportunities to review our work and provide feedback. We’ll share the development site with you and we’ll have regular contact.
If, at any stage, you change your mind about what you want to be delivered and are not happy with the direction our work is taking you’ll pay us in full for the time we’ve spent working with you until that point and terminate this contract.
Unless agreed separately, we’re not responsible for writing the text copy content for the website. For example, content such as “About Us”, “Terms and Conditions”, “FAQ” and anything marketing related, should be provided to us.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge) and Mozilla Firefox. 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 we agreed separately.
In addition to desktop browsers, we will make sure that the website is accessible from the most popular mobile devices. We will test on iPhone and Android devices, using the latest Safari and Google Chrome web browsers.
We don’t make any guarantees about your website’s and app’s search engine rankings, but the web pages and apps that we develop are accessible to search engines.
We love to show off our work, so we reserve the right to display all aspects of our creative and technical work, including designs, work-in-progress diagrams and the completed project on our portfolio and in articles on websites, in magazine articles, during conference talks and in books. We never reveal any sensitive or patented information or data when we show off our work.
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, and 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 or other artwork you provide are either owned by your good selves, 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. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property.
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.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
Finally, 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.
If you violate these Terms of Service, then we have the right to cancel your account. You, however, are free to terminate your account without reason at any time. We will ensure that within 60 days of account being put on hold, your data will be deleted from our servers.
We will be inline with EU General Data Protection Regulation (GDPR) and the UK Data Protection Act (DPA). You the client who uses Kipos is called the “Data Controller”. Kipos as a platform is the “Data Processor”, i.e. we process data on behalf of you.
We will:
We will not, without your consent, divulge, sell, lease, rent or provide in any other way personal information about you or your customers to a third party, except in the following circumstances:
In the event of a data breach, we’ll inform all clients about the the severity of the breach and the scope of data breach within 2 business days.
It is in your interest to read our other policies regarding privacy and data protection.
We may share data with service companies working for Kipos and on our behalf and as listed below. Such service companies may need access to or be able to view personal data in order to provide those functions and in such cases, these companies must abide by our data privacy and security requirements and will only be given access to data that is strictly required for them to carry out their tasks.
Neither you nor us can be held responsible for non-performance of these terms given circumstances outside of reasonable control (e.g. extreme weather, natural disasters, telecommunications outages, Internet disturbances, etc).
We may from time to time provide advice through our consultancy, the advice does not constitute legal advice and that you are free to seek alternative advice and any actions you take in relation to advice we have given are based on your own final decisions.
Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that will adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.
We hold the right to update the terms of service, you will receive notice of 30 days via a notification upon login of our website.
Valid from the 25th of June 2018. Version 1.0.1