Project Terms for ByConstant: Digital Agency
Last Updated: 1st January 2025
ByConstant will undertake work only where an agreement has been provided through email, phone, written communication or other formal means. An ‘order’ is defined as a contract between ByConstant and the Client—verbal or written, including telephone or email correspondence.
Website Design
We take all reasonable steps to ensure websites, scripts and programs are delivered free of errors, but we cannot accept liability for any losses arising from the malfunction of any part of the website or code provided. All designs, code, and visual assets remain the property of ByConstant until the account is paid in full. Custom scripts, tools, and applications—unless otherwise agreed—are the intellectual property of ByConstant and may not be resold or repurposed commercially without our express consent.
Clients are responsible for ensuring they have the right to use any third-party materials submitted to us. We reserve the right to reject content that may violate copyright unless sufficient proof of usage rights is provided.
Where additional features or changes are requested beyond the original scope, these will be actioned at our discretion. If no charge is applied for additional work, we accept no responsibility for any associated errors and may charge for further amendments.
The Client must provide all required content, feedback and materials in a timely manner. We are not liable for delays, missed deadlines, or loss of income resulting from lack of client cooperation or incomplete briefs. A non-refundable deposit of 50% is required before work begins, unless otherwise agreed.
Cancellation
If a project is cancelled, the Client must pay in full for all work completed to that point. Any unapproved or unpaid work remains the property of ByConstant. We reserve the right to suspend or terminate a project if the Client fails to pay, breaches our terms, or becomes insolvent. Final payment is due upon completion of the project. Unless otherwise stated, completed work is considered accepted. Legal action may be taken for non-payment.
Database, Application & E-Commerce Development
ByConstant does not accept responsibility for any loss incurred from the use of applications or systems we build. While we thoroughly test our work before handover, the final responsibility lies with the Client to test functionality prior to public use. Custom software created remains the intellectual property of ByConstant unless otherwise agreed.
If a client chooses to host a solution on servers we have not recommended, the client must provide all necessary access, documentation or additional support to enable development. In larger projects, it is the client’s responsibility to provide a testing environment that mirrors the live server.
Clients are expected to test their website or application post-launch. If bugs or issues arise, we will make reasonable efforts to address them but are not obligated to do so outside of a support agreement.
Software Licence Agreement
All software, plugins, and proprietary tools supplied by ByConstant are licensed, not sold. By using our software, the Client (“Licensee”) accepts this licence agreement. If you do not agree to these terms, you may not use our software.
The Licence is non-exclusive and non-transferable. It may only be used on a single domain or project unless agreed in writing. Redistribution, sub-licensing, reverse engineering or commercial modification of our software without permission is strictly prohibited.
Where code is provided unencrypted, it may be modified for internal use only. All modifications are at the Client’s own risk. We are not liable for any issues introduced through unauthorised changes.
All copyright notices and branding (e.g., “Designed by ByConstant”) must remain visible unless a separate branding removal agreement has been purchased. Removal without agreement constitutes a breach of this licence.
Limited Liability
All software and services are provided “as is” without warranties. While we aim to produce secure, high-quality work, we cannot guarantee it will be entirely error-free or immune from performance issues. Clients assume responsibility for the risks of using any digital solutions provided. We are not responsible for loss of data or other damage arising from the use of our code or systems.
Termination
This licence may be terminated at any time by the Client by ceasing all use and destroying copies of the software. If any part of the agreement is violated, ByConstant reserves the right to revoke the licence immediately. Continued use after termination is unauthorised.
Partial Invalidity
If any clause of this agreement is found to be legally unenforceable, the remainder of the agreement will remain valid and enforceable.
Entire Agreement
This document constitutes the full agreement between the Client and ByConstant. Any variations must be made in writing and approved by both parties.
Browser Compatibility
Our websites are designed and tested to be compatible with the latest versions of Chrome, Safari, Firefox, and Microsoft Edge. We do not guarantee full functionality on legacy or unsupported browsers.
Support
Support requests should be submitted by email or via our support portal. Support is billed monthly or deducted from a pre-paid block. There is a minimum charge per request. Our support does not cover third-party services. Out-of-hours support, including weekends and public holidays, is billed at double the standard rate.
Non-Solicitation Clause
Neither ByConstant nor the Client may, during or within two years of the contract ending, recruit or directly engage any staff or subcontractors of the other party involved in the delivery of the project without prior written consent. Breaches of this term may result in immediate termination and the issuing of relevant charges.