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General Terms of Services

Last updated: 16/01/2022.

Below, we outline the general terms of our services. You may request a PDF copy by emailing [email protected] or clicking the Download PDF button.

Legal

We will 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 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.

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.

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.

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.

Please see our guarantee below with regards to the quality of service we provide.

Domains & paid-for SSLs

We do not provide a refund for any domain or SSL purchase.

Other services

We do not provide a refund for other services, unless agreed otherwise.

Payment Policy

Payment will be due 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.

External Software (plugins & themes)

Third-party 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 & proposals, 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. Please ensure all licence keys are active and kept up to date. 

Liability

Our hosting services

We resell server space & other hosting services through 20i and WP Engine. We have very little influence over the activity that takes place at the data centres, so 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 guarantee of 99.9% and past performance has indicated this to be true.

Our maintenance services

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 other, 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.

Insurance

We strongly advise that you procure your own insurances regarding your website, including cyber security/liability, as they are not covered by our 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 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.

Retention of hosting data/assets

Please note, that upon leaving our services:

Website files, media assets & databases:

  • Will be kept for a period of up to 30 days before being permanently deleted. We can provide a full copy of your website files & databases, should you wish, please contact [email protected].

Email accounts:

  • Will be removed and deleted immediately, with no data-retention. Please ensure you have adequate backup(s) in place.

Our Guarantee

We will work with you until you are 100% happy with the website that we have developed. This is providing we are making clear progress and being given clear feedback on our work.

NB: This guarantee is not applicable for our website maintenance and hosting services.

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Episode IV

A New Hope... For Your Online Presence

Look out! We're here to help businesses in and around Oxfordshire with their online presence.


We work with clients of all sizes and sectors to elevate their online prensence. We help businesses to: 1) engage with more customers, 2) win more business and 3) win the right business.


Prystine was set up in 2016 to deliver a professional, yet personal approach to web design & development alongside hosting & maintenance.


Can we help you stand out from the crowd?