These general terms apply when incorporated into an accepted KGSITES quotation, proposal or statement of work. The project-specific document takes priority where it expressly differs.
1. Parties and agreement
KGSITES is an independent UK sole trader service provider. A binding agreement begins when the client accepts the written scope and any required initial payment is received. The agreement comprises the accepted proposal, these terms and agreed written changes.
2. Scope and client responsibilities
KGSITES will provide the deliverables described in the agreed scope with reasonable care and skill. The client must provide accurate instructions, access, content, approvals and lawful rights to supplied materials on time. Delays in client input may move delivery dates.
3. Fees, invoices and taxes
Fees, milestones and payment dates are set out in the project document. Invoices are payable by the stated due date. Unless expressly stated, third-party subscriptions, advertising spend, premium software, transaction fees and taxes are excluded. Work may pause while an undisputed invoice is overdue.
4. Changes and additional work
Requests outside the agreed scope require a revised quote, written change approval or separate hourly agreement. KGSITES will identify material scope changes before undertaking chargeable additional work wherever reasonably possible.
5. Timelines and acceptance
Dates are good-faith estimates unless expressly agreed as fixed. The client must review milestones promptly. A deliverable is accepted when approved in writing, used in production, or not rejected with specific material reasons within the review period stated in the proposal.
6. Intellectual property
After full payment, the client receives the rights expressly described in the project document to the final bespoke deliverables. KGSITES retains ownership of pre-existing tools, reusable modules, methods, know-how and general-purpose code, while granting the client the licence reasonably needed to use the deliverable. Third-party assets remain subject to their own licences.
7. Content, compliance and platforms
The client remains responsible for the accuracy, legality and regulatory suitability of its products, claims, content and business operations. KGSITES does not control changes, outages, suspensions or policies imposed by Shopify, Google, Meta, email providers, hosting companies or other third parties.
8. Confidentiality and data
Each party must protect confidential information and use it only for the project. Where KGSITES processes personal data on the client’s documented instructions, appropriate controller-processor terms will be agreed where required. Website-user data is handled under the privacy policy.
9. Warranties and support
Any included testing, correction period or maintenance is described in the scope. KGSITES will correct reproducible failures to meet an agreed specification notified during that period. The warranty does not cover client changes, third-party changes, misuse, unsupported environments or matters outside the scope.
10. Liability
Nothing excludes liability that cannot lawfully be excluded, including fraud or death or personal injury caused by negligence. Subject to that, neither party is liable for indirect or consequential loss. Any project-specific liability cap appears in the accepted proposal; consumer statutory rights are unaffected.
11. Ending the agreement
Either party may end the agreement for a material breach not remedied within a reasonable written notice period. On termination, the client must pay for completed work, committed third-party costs and approved work in progress. Any project-specific arrangements are set out in the accepted proposal.
12. Law and disputes
The agreement is governed by the law of England and Wales unless mandatory consumer law requires otherwise. The parties should first use the complaints process and attempt good-faith resolution before court proceedings.