Terms & Conditions

Use of our websites

You may view and use our websites for lawful purposes connected with evaluating or using what we offer. You may not attempt to gain unauthorised access to any system, interfere with availability, scrape at a volume that degrades service for others, or use automated means to extract content for the purpose of building a competing offering.

Security testing is welcome only where it follows the process set out in our security policy. Testing outside that process is not authorised.

How we supply what we offer

The specific scope, deliverables, fees, timelines and acceptance criteria for any engagement are set out in the engagement documentation agreed between us, not on this website. Descriptions on our websites are provided to help you evaluate whether to speak to us and do not by themselves constitute an offer capable of acceptance or a commitment to any particular scope.

These terms are written to apply to our services, our products, our software, our platforms, our applications and our digital services generally, including offerings we introduce in future. A new offering does not require these terms to be reissued.

Fees, invoicing and taxes

Fees, currency, payment terms and any expenses are set out in the engagement documentation. Unless stated otherwise, fees exclude sales tax, value added tax, goods and services tax, withholding tax and any equivalent charge, which are payable in addition where applicable. Where withholding is required by law in your jurisdiction, the position is agreed in the engagement documentation rather than assumed.

Intellectual property

We retain ownership of our pre-existing materials, tooling, know-how and anything of general application we develop, including improvements to it. Rights in deliverables created specifically for you are addressed in the engagement documentation; where that documentation is silent, you receive a non-exclusive, perpetual licence to use those deliverables for your internal business purposes.

Content on our websites, including text, diagrams and the design system, remains ours. Quoting a short extract with attribution and a link is welcome. Republishing substantial parts is not.

Where an engagement involves third-party or open-source components, the licences governing those components apply to them and are identified during the engagement. Some licences impose obligations that depend on how the software is deployed, and we raise those at design time rather than after delivery.

Client responsibilities

• Providing accurate information, timely access, and decisions when they are needed. Most delivery delays originate here rather than in engineering.
• Holding the rights necessary for us to work with any data, system or material you give us access to.
• Maintaining your own backups of anything we do not expressly contract to back up.
• Complying with the laws applicable to your own operations, including those governing personal data you control.
• Keeping credentials issued to you secure, and telling us promptly if you believe any have been exposed.

Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the purposes of the engagement, and protect it with at least the care applied to our own. This does not apply to information that is public through no breach, was already lawfully held, is independently developed, or must be disclosed by law — and in the last case the disclosing party will give notice where it is lawful to do so.

We do not name clients in public material without written permission. Where we describe work publicly, the client is not identified and the description is limited to what cannot reasonably be traced back.

Warranties and disclaimers

We warrant that we will perform with reasonable skill and care, using appropriately experienced personnel. Beyond that, and to the extent permitted by law, our websites and their content are provided as they are, without further warranty. We do not warrant that any system will be uninterrupted or error-free, and any commitment on availability is the one set out in the applicable service level agreement rather than an implied one.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

Limitation of liability

Subject to the paragraph above, neither party is liable for indirect or consequential loss, loss of profit, loss of anticipated savings, or loss of business opportunity. Our total aggregate liability arising out of or in connection with an engagement is limited to the amount specified in the engagement documentation; where none is specified, it is limited to the fees paid by you to us in respect of that engagement.

Term, suspension and termination

Engagement duration and notice periods are set out in the engagement documentation. Either party may terminate for material breach that is not remedied within a reasonable period after written notice. We may suspend access where continuing it would create a security risk, breach a law, or where undisputed fees remain unpaid after notice.

On termination, we will provide reasonable assistance with an orderly handover on the commercial terms agreed, return or delete confidential information as instructed, and provide access to your data in a commonly used format. Clauses which by their nature should survive termination will do so.

Governing law and disputes

The governing law and the forum for disputes are stated in the engagement documentation. Where no engagement documentation exists — for example where your only relationship with us is as a visitor to our websites — the governing law is that of the state in which [REGISTERED ENTITY NAME] is registered, without regard to conflict of law principles. Mandatory consumer protections available to you in your own country of residence are unaffected.

Before commencing proceedings, each party will raise the issue in writing and allow a reasonable period for it to be resolved between the responsible individuals. This does not prevent either party from seeking urgent injunctive relief.

Changes to these terms

We may update these terms. The version published here at the time you use our websites is the version that applies to that use. Changes do not retrospectively alter a signed engagement agreement.

Contact

Questions about this document can be sent to info@kyconnects.com. We aim to respond to enquiries within 4–8 business hours.