1. Who these terms are between
These terms apply between Fixology Ltd ("Fixology", "we") and the business engaging us ("you"). Where we agree a proposal or statement of work, that document and these terms together form the agreement. If they conflict, the proposal wins.
2. Proposals
Information on this website describes how we typically work. It is not an offer. The scope, timeline and terms of any project are set out in a signed proposal.
3. What we will do
We will carry out the work in the proposal with reasonable skill and care, using suitably experienced people. We will tell you promptly if something will take longer than agreed, rather than pressing on quietly.
4. Scope and changes
Build work that follows a discovery phase is carried out against the signed specification. If you ask for something outside that scope, we will agree the change with you in writing before starting it.
5. Ownership of the software
On completion of the agreed payments for the work, copyright and all other intellectual property rights in the code, designs and documents we create specifically for you are assigned to you. We keep ownership of our pre-existing tools, libraries and know-how, and grant you a perpetual, royalty-free licence to use any of them included in what we deliver. Open source components remain under their own licences, which we list in the handover documentation.
6. Payment
Payment terms are set out in each proposal. Late payments may attract statutory interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7. Warranty
For 30 days after launch we will fix any defect where the software does not do what the signed specification says it should.
8. Your responsibilities
You will give us accurate information, timely decisions and access to the people and systems we need. You confirm you have the right to give us access to any data or system you provide. Delays caused by missing access or decisions may move the timeline.
9. Data protection and confidentiality
Where we process personal data on your behalf, you are the controller and we are the processor, and we will sign a data processing agreement. Each of us will keep the other's confidential information confidential, during and after the engagement. We are happy to sign a mutual NDA before you share project details.
10. Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited. Subject to that, our total liability arising out of an engagement is limited to the sums paid for that engagement, and neither of us is liable for loss of profit, revenue or anticipated savings, or for indirect or consequential loss.
11. Ending an engagement
Either of us can end a rolling support agreement with 30 days written notice. If you end a project early, you pay for the work done to that point and receive everything produced so far. Either of us may end the agreement at once if the other commits a material breach and does not fix it within 14 days of being asked to.
12. Governing law
These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.