Terms & Conditions

ByConstant will carry out work only where an agreement is provided either by email, telephone, mail or other formal method. An ‘order’ is deemed to be a written or verbal contract between ByConstant and the client, including telephone and email agreements.

Website Design

Whilst every effort will be made to ensure that the website and any associated scripts or programs are free of errors, ByConstant cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. All website graphics, content and code remain the property of ByConstant until all outstanding accounts are paid in full. Any scripts, applications, or software (unless specifically agreed otherwise) written by ByConstant remain the copyright of ByConstant and may not be commercially reproduced or resold without our written consent.

ByConstant cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is provided. Any additions to original briefs will be carried out at our discretion. Where no charge is made for these additions, we accept no responsibility for errors and reserve the right to charge for corrections or additional changes.

The client agrees to provide all required materials and information promptly to enable completion of the work to the agreed standard and timeline. ByConstant is not liable for costs, compensation, or loss of earnings resulting from failure to meet agreed deadlines. We are also not liable for disputes between the client and their customers, including content and images supplied.

A non-refundable deposit of 50% is required for all projects before any work is undertaken unless otherwise agreed.

Design Approval

Once a client has provided full design sign-off, we will proceed with the development of the project, in accordance with the agreed 50% payment terms. If payment is not made as per the terms, legal action may be pursued. If the client approves the design but later wishes to revisit or revise it, this may result in additional design time. In such cases, development work will be paused until full approval is obtained.

Cancellation

If an order is cancelled, the client must pay for all work completed up to that point. ByConstant retains intellectual property rights to any unapproved or unpaid work.

We reserve the right to cancel or suspend an order by written notice if the client fails to pay, becomes insolvent, or breaches these terms. If cancelled, the client is still liable for all work completed. Final payment is due on project completion. Work is considered accepted unless otherwise stated.

Non-payment may result in legal action.

Refund

Once a website has been designed and completed, the final balance of payment becomes due in accordance with our payment terms. There are no exceptions to this policy. If the client decides they no longer want the site after commissioning the work and paying a deposit, they are still obligated to pay for the work that has been completed up to that point. Non-payment may result in legal action. Once the full payment for a website has been received, it is considered that the project has been completed, and delivery has occurred, either hosted with us or not. Once the client has taken delivery, no refunds will be offered.

ByConstant will only proceed with work once an agreement is provided by email, telephone, mail, or another formal method. An order is deemed to be a contract between ByConstant and the client, including verbal or written agreements. If an order is canceled by the client, the client is still liable for payment for all work completed up until that point. ByConstant retains intellectual property rights to any unapproved or unpaid work.

Database, Application and E-Commerce Development

ByConstant accepts no responsibility for losses incurred from software created for the client. All software is thoroughly tested before delivery, but ultimate responsibility lies with the client to test functionality before use. Any custom software, unless otherwise agreed, remains the intellectual property of ByConstant.

Clients using servers not recommended by us must provide any required technical information or access. Large-scale projects require a client-provided testing environment that mirrors the production environment. Clients are expected to test all work before public launch. If bugs or issues are found post-launch, we will make reasonable efforts to fix them.

Software Licence Agreement

Use of any software, products, themes, or modules provided by ByConstant is governed by this Software Licence Agreement. By purchasing, installing, or using any of our software, you (the “Licensee”) confirm your acceptance of these terms. If you do not agree, you are not permitted to install or use our software.

The software is licensed, not sold. The licensee is granted a non-exclusive, non-transferable license to use the software for a single instance on a designated domain unless otherwise agreed. You may not redistribute, sub-license, reverse engineer, decompile, or modify the software for commercial use without written permission from ByConstant. Any such actions are considered a breach of this agreement and may result in legal action.

Where source code is provided in unencrypted form, the licensee may modify the software for internal use only. However, any changes made are at the licensee’s own risk, and we are not responsible for functionality lost or errors introduced as a result of these modifications. All copyright, trademarks, and proprietary notices must remain intact. This includes footer credits such as “Design by ByConstant” unless a separate agreement for removal has been made. Clients who remove such notices without permission are in breach of this agreement.

Limited Liability

ByConstant provides all software and services “as is” without warranties of any kind. We make every effort to ensure our code is secure and functional but cannot guarantee error-free performance. Use of our software is at the client’s own risk. ByConstant accepts no responsibility for data loss or damages resulting from the use or misuse of our code.

Termination

The licensee may terminate this agreement at any time by ceasing use and destroying all copies of the software. ByConstant reserves the right to revoke the license if the licensee breaches these terms. In such cases, continued use of the software is unauthorised and may result in legal proceedings.

Partial Invalidity

If any provision of this agreement is found to be invalid or unenforceable, the remainder of the agreement will continue in effect.

Containment of Entire Agreement

This license constitutes the entire agreement between ByConstant and the licensee. No oral or written statement not contained herein shall be binding. Any amendment must be made in writing and agreed to by both parties.

Compatibility

We aim to ensure that all websites and applications are compatible with modern browsers, including the latest versions of Chrome, Firefox, Safari, and Microsoft Edge. However, we do not guarantee full functionality across outdated or discontinued browser versions or all platforms.

Support

Support requests should be submitted via email or through our designated support portal. Support is billed monthly in advance or according to a pre-paid hourly package. A minimum charge applies per support request. Support does not cover third-party services. Out-of-hours support (including weekends and bank holidays) will be charged at double the standard rate.

Non-Solicitation of Personnel

Neither party may, during the contract or for two years after termination, solicit or hire any employee or subcontractor of the other party who has been involved with the project without written consent. Breach of this clause may result in termination and legal remedies.

Completion and Performance Disclaimer

Once a project is complete and the final balance is paid in full, ByConstant will consider the website as delivered. ByConstant does not accept responsibility for the ongoing performance of the website, including but not limited to sales, leads, or conversion rates. While ByConstant strives to create a functional, high-quality website that meets the agreed specifications, the performance of the website, particularly in terms of generating sales or leads, is dependent on various factors beyond our control, including market conditions, user behaviour, and external marketing efforts. Any performance-related concerns must be addressed by the client through their own marketing strategies, adjustments, or ongoing website optimisation. ByConstant is not liable for any loss of earnings, opportunities, or other damages arising from the website’s performance after the project’s completion.