Terms and Conditions

1. Who We Are

Kay Park Digital provides managed, template-led websites and related website services primarily for independent hospitality businesses.

In these terms, “Kay Park Digital”, “we”, “us” and “our” mean Kay Park Digital. “Customer”, “you” and “your” mean the business or organisation purchasing our services. “Website” means the website we create and manage for you. “Services” means the website design, hosting, maintenance, support and other services included within your agreed package.

Our services are provided to businesses and organisations for business purposes. By entering into a contract with us, you confirm that you are acting in the course of a business or on behalf of an organisation and not as a consumer.

A contract begins when we confirm in writing that we accept your order or otherwise agree in writing to begin work.

Any quotation, proposal, order summary or agreed scope of work forms part of the contract between us. If there is a conflict between these Terms and Conditions and a specific written proposal or quotation agreed between us, the specific terms of that proposal or quotation will take priority in relation to the matter concerned.

2. Our Standard Website Service

Our standard service provides a professionally built, managed hospitality website tailored to your business using our existing website platform, templates, components and design system.

Our standard service is not a fully bespoke website development service. We may select, configure and adapt suitable components, layouts, colours, imagery and content presentation from our existing website system to suit your brand and business.

Where appropriate, we may make reasonable design variations to provide a website suitable for your business. However, our underlying platform, templates, components, software and design system remain the property of Kay Park Digital.

Unless specifically agreed otherwise, our standard service may include:

• A professionally built hospitality website
• Mobile-friendly design
• Content management functionality
• Menu management
• Business information management
• Opening hours management
• Image and gallery management
• Contact or enquiry functionality
• Managed hosting
• Routine website maintenance
• Security updates
• Technical support
• Website analytics
• Monthly performance reporting

The exact features included in your website will be confirmed as part of your agreed scope.

The standard website service does not include unlimited design revisions, fully bespoke functionality, third-party integrations, booking systems, e-commerce, online ordering, specialist copywriting, professional photography, branding services, paid advertising, ongoing search-engine optimisation campaigns or any other functionality not expressly included in your agreed scope.

3. Website Design and Revisions

We will design and configure your website using the information, branding, content and requirements agreed with you. You will have an opportunity to review the website before launch and request reasonable amendments within the agreed scope.

Minor amendments necessary to complete the agreed website are included. Substantial redesigns, repeated changes to previously approved work or requests outside the agreed scope may be treated as additional work and may incur an additional charge.

We will tell you before carrying out work that will result in an additional charge.

4. Additional Work and Changes

If you request work outside the agreed scope, including bespoke layouts, additional integrations, booking functionality, new features or substantial modifications, we will let you know whether an additional charge applies before starting that work.

Additional work may be quoted at a fixed price or charged at an agreed hourly rate. We are not required to begin out-of-scope work until the scope, timing and price have been agreed.

5. Fees and Payment

Unless otherwise agreed in writing, the standard website setup fee is £300, consisting of:

• £150 deposit payable before work begins
• £150 completion payment payable when the website is substantially complete and ready for launch

The deposit secures the project and allows work to begin.

A website will be considered substantially complete when the functionality and content within the agreed scope have been implemented to a reasonable standard and the website is ready for final approval or launch. Minor outstanding amendments that do not prevent the website from being used for its intended purpose do not prevent the completion payment from becoming due.

Monthly Service

Unless otherwise agreed in writing, the monthly service fee is £50 per month.

The monthly service is a rolling monthly contract with no fixed minimum term.

You may cancel the monthly service at any time by contacting us in writing. The service will end at the end of your current paid monthly service period.

Website ownership and export rights are explained separately in Section 9.

Promotional or Alternative Pricing

We may occasionally agree promotional or individually negotiated pricing. Any alternative pricing agreed in writing will take priority over the standard prices above for that customer. Unless expressly agreed otherwise, alternative pricing does not change the ownership or export provisions in Section 9.

6. Monthly Service and Cancellation

The monthly service is provided on a rolling monthly basis and has no fixed minimum term.

You may cancel the monthly service at any time by contacting us in writing. Your service will remain available until the end of the current paid monthly service period, unless we agree otherwise in writing.

Cancellation does not affect amounts that are already due, including any setup fees, agreed additional work or monthly fees for a service period that has already started.

Nothing in this section affects any rights that cannot lawfully be excluded.

7. Price Changes

Our monthly prices take into account the costs of providing the service, including hosting, infrastructure, analytics and other necessary third-party services.

We may change our monthly service fee where reasonably necessary.

Where we increase your monthly service fee, we will normally provide at least 30 days’ written notice before the new price takes effect.

Where an increase is caused by a material increase in third-party infrastructure or service costs, we will explain the reason for the increase.

If you do not wish to accept the new price, you may cancel the service before the new price takes effect.

8. Late and Failed Payments

You are responsible for ensuring that amounts due under the contract are paid on time. If a payment fails or becomes overdue, we may contact you and provide a reasonable opportunity to resolve the outstanding payment.

Where payment remains overdue, we may:

• Pause work
• Suspend access to administration services
• Suspend ongoing support or maintenance
• Temporarily take the website offline
• Ultimately terminate the service where payment remains outstanding

We will provide reasonable notice before suspending a live website for non-payment where practicable.

We reserve any rights available to us in relation to late commercial payments.

9. Website Ownership and Export

Kay Park Digital retains ownership of the website software and implementation until you have completed 12 paid monthly service periods, unless we specifically agree otherwise in writing.

During this period, we grant you a licence to use the website while your account remains active and payments are up to date.

Monthly Payments and Ownership

There is no fixed minimum service term. The right to request an export of the website arises only after 12 paid monthly service periods have been completed and all other amounts due have been paid.

The right to request an export of the website arises only after 12 paid monthly service periods have been completed and all other amounts due have been paid.

Cancellation Before 12 Monthly Service Periods

If the service ends before you have completed 12 paid monthly service periods, your licence to use the website ends at the end of the applicable paid service period.

Unless otherwise agreed in writing, we are not required to provide:

• Website source files
• A website export
• Our CMS or administration system
• Our reusable components
• Our templates
• Our internal software or libraries

We may take the website offline when the service ends.

Export After 12 Monthly Service Periods

After 12 paid monthly service periods have been completed, and provided all amounts due have been paid, you may request an export of your website.

The export will normally consist of a static or standalone version of the public-facing website as it exists at the time of export.

The export does not include:

• The Kay Park Digital content management system
• Administration tools
• Our hosting environment
• Analytics services
• Ongoing maintenance
• Technical support
• Our reusable template system
• Shared components
• Internal code libraries
• Development tooling
• Third-party services or licences that cannot legally be transferred

After export, you are responsible for arranging your own hosting, maintenance, security and future development.

Kay Park Digital is not responsible for the operation of the exported website after it has been transferred away from our managed service.

10. Intellectual Property

Your Content

You retain ownership of content and intellectual property that you provide to us, including your business name, logo, branding, photographs, menu information, written content and other customer-owned materials.

You grant Kay Park Digital permission to use, reproduce, adapt and display those materials to the extent reasonably necessary to design, operate, maintain and provide your website and related services.

You confirm that you have the necessary rights and permissions to provide these materials to us.

Kay Park Digital Intellectual Property

Kay Park Digital retains ownership of its pre-existing and reusable intellectual property, including:

• Website platform
• Content management system
• Administration tools
• Templates
• Reusable components
• Software
• Internal libraries
• Development tools
• Processes and systems
• General design systems and techniques

Creating or exporting a customer website does not transfer ownership of these underlying systems or give you the right to copy, distribute, resell or provide them to third parties.

Where third-party components, libraries, fonts, images or other materials are used, those materials remain subject to their respective licence terms.

11. Hosting, Maintenance and Included Support

Your monthly service includes the hosting, routine maintenance, security updates, analytics and reporting described in your agreed package.

Unless otherwise agreed, the service also includes up to one hour of technical support per monthly billing period.

Included technical support is intended for reasonable assistance with:

• Using your website administration system
• Account-related questions
• Reporting website problems
• Assistance with existing website functionality
• Minor technical issues relating to the services we provide

Unused support time does not roll over into future months.

The included support allowance does not automatically cover:

• New development work
• New website sections
• Substantial content entry
• Large-scale image uploads
• Redesign work
• New integrations
• New functionality
• Copywriting
• Work unrelated to the website service

Work outside the included support allowance or agreed scope may be charged at £50 per hour, unless another price is agreed.

We will obtain your approval before carrying out chargeable work unless urgent action is reasonably necessary to protect the security or availability of your website.

12. Customer Content and Responsibilities

You are responsible for providing the information and materials reasonably required to complete and operate your website. This may include:

• Logo and branding
• Business information
• Menu information and prices
• Opening hours
• Contact information
• Images
• Written content
• Social media information
• Other relevant business information

You are responsible for ensuring that information you provide is accurate, complete and lawful. You must have the right to use any images, logos, written material or other content you provide to us.

You are responsible for reviewing the website before launch and notifying us of errors or required corrections. After launch, you are responsible for keeping information that may change, including prices, menus, opening hours and business information, accurate and up to date.

13. Customer Delays

You agree to provide content, information, feedback and approvals within a reasonable period when requested.

We are not responsible for project delays caused by missing, inaccurate or late customer content, instructions or approvals.

If a project is substantially complete but cannot be launched because you have failed to provide required content, feedback or approval within a reasonable period, we may treat the project as substantially complete for payment purposes after providing reasonable notice.

14. Domains

Where possible, domain names used for customer websites should be registered in the customer’s name or under an account controlled by the customer.

You retain ownership of any domain name you already own. Where you provide us with access to your domain or DNS configuration, you authorise us to make changes reasonably necessary to configure and operate your website.

If we purchase or manage a domain on your behalf, the ownership, renewal arrangements and applicable costs will be confirmed with you. Domain registration and renewal are subject to the terms and availability of the relevant domain registrar.

We will not intentionally withhold a customer-owned domain because the website service has ended, although outstanding amounts relating to services already provided remain payable.

15. Third-Party Services

Our standard monthly service includes the hosting, website infrastructure and analytics described in your agreed package.

We may use third-party providers to deliver parts of the service, including hosting, infrastructure, email delivery, analytics, domain or DNS services. The availability and operation of those services are subject to the respective providers.

Where your website requires an optional third-party service outside the standard package, such as:

• Booking software
• Payment processing
• Premium integrations
• Specialist software
• External ordering platforms

we will explain any known additional charges before proceeding.

Unless otherwise agreed, you are responsible for subscriptions, licences, transaction charges and account requirements relating to optional third-party services specifically requested for your business.

16. Availability and Security

We take reasonable technical and organisational measures to keep our managed websites secure and available. However, no website or online service can be guaranteed to operate without interruption or to be completely secure.

We may carry out planned or emergency maintenance where reasonably necessary. Temporary disruption may occur because of:

• Maintenance
• Software updates
• Security updates
• Third-party infrastructure failures
• Internet or network failures
• Events outside our reasonable control

We will take reasonable steps to resolve issues affecting services we manage.

17. Backups

Where backups are included within the infrastructure used to provide your service, we will take reasonable steps to maintain them in accordance with our normal hosting and operational procedures.

Backups are intended primarily for disaster recovery and service restoration and should not be treated as permanent archival storage. We do not guarantee that every version of every file or item of content can be recovered indefinitely.

18. Website Administration and Security

Where we provide you with access to a website administration system, you are responsible for keeping your login credentials secure.

You must not:

• Share accounts with unauthorised users
• Attempt to bypass security controls
• Attempt to access another customer’s information
• Use the administration system for unlawful purposes
• Introduce malicious software or deliberately interfere with our systems

You must notify us promptly if you believe an account or login credential has been compromised.

We may temporarily restrict access where reasonably necessary to protect the security of your website, another customer or our platform.

19. Acceptable Use

You must not use our services to publish, distribute or facilitate material that is unlawful or that infringes the rights of another person.

We may remove or restrict access to content, accounts or websites where reasonably necessary to:

• Comply with law or a lawful authority
• Address a credible intellectual-property complaint
• Protect our systems or other customers
• Respond to a serious security threat
• Prevent abuse of our infrastructure

Where appropriate, we will attempt to contact you before taking action.

20. Data Protection

Each party agrees to comply with applicable data protection law in relation to personal information processed in connection with the services.

For personal information relating to your own customers or website visitors, you will generally determine why that information is collected and used and will therefore normally act as the data controller.

Where Kay Park Digital processes that personal information solely on your behalf in providing the website service, Kay Park Digital will act as a data processor.

Where required, the processing of personal information on your behalf will be governed by a Data Processing Addendum or equivalent written terms forming part of our agreement.

You remain responsible for ensuring that your use of the website and collection of customer information has an appropriate lawful basis and that you provide any privacy information required by law.

21. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party that is reasonably understood to be confidential.

Confidential information may be used only where reasonably necessary to:

• Provide or receive the services
• Administer the business relationship
• Obtain professional advice
• Comply with a legal or regulatory obligation

This obligation does not apply to information that is already publicly available through no breach of these terms or that was lawfully known to the receiving party before disclosure.

22. Results and Search Engines

We will provide our services with reasonable care and skill. However, we do not guarantee:

• Particular Google or other search-engine rankings
• Particular visitor numbers
• A particular number of enquiries
• Reservations or bookings
• Revenue or sales
• Social media growth
• Specific business results

Search engines and third-party platforms control their own algorithms, rankings and services.

Unless specifically included within your agreed scope, our service does not constitute an ongoing search-engine optimisation or digital marketing campaign.

23. Customer Legal Compliance

You remain responsible for your business and for ensuring that your products, services and website content comply with laws and regulations applicable to you.

This includes responsibility for the accuracy and legality of:

• Prices
• Menu information
• Allergen or dietary information
• Promotions
• Claims about products or services
• Copyrighted material
• Business information
• Any other content supplied or controlled by you

We do not provide legal, tax, accounting or regulatory advice through the website service.

24. Liability

Nothing in these terms excludes or limits liability where doing so would be unlawful.

We are not responsible for losses caused solely by:

• Inaccurate or unlawful information supplied by you
• Your failure to keep business information up to date
• Your misuse of the website or administration system
• Unauthorised use of credentials caused by your failure to keep them secure
• Third-party services outside our reasonable control
• Events outside our reasonable control

We do not guarantee that the website will produce any particular level of revenue, sales, bookings, enquiries or other commercial result.

To the extent permitted by law, neither party will be responsible to the other for indirect or consequential losses arising from the services.

Any additional limitations or caps on liability agreed between us will be set out in your proposal, service agreement or other written agreement.

25. Ending the Service

Either party may end the rolling monthly service at any time by giving notice in writing. The service will end at the end of the current paid monthly service period, unless we agree otherwise in writing.

We may terminate or suspend the service where:

• Payments remain materially overdue
• You seriously or repeatedly breach these terms
• Your use of the service is unlawful
• Your use creates a material security risk
• Continuing to provide the service would require us to breach the law

Where reasonably possible, we will give you an opportunity to resolve a breach before terminating the service.

When the service ends:

• Hosting will end
• CMS access will end
• Analytics and reporting will end
• Maintenance will end
• Technical support will end

unless otherwise agreed in writing.

Website ownership and export will be dealt with in accordance with Section 9. Amounts already due remain payable after termination.

26. Data When the Service Ends

Where we process personal information on your behalf, personal information will be returned or deleted following termination where required by applicable data protection law and our applicable data-processing terms.

Some information may need to be retained where required by law or for legitimate business records.

Information retained in backups may remain until it is removed through the normal backup retention cycle, provided it remains appropriately protected and is not used for other purposes.

27. Changes to These Terms

We may update these Terms and Conditions for future customers at any time.

For existing customers, we may make reasonable changes where necessary to reflect:

• Changes to the law
• Security requirements
• Changes to third-party services
• Changes to the way our services operate

We will not materially reduce an existing customer’s agreed core service without reasonable notice.

Changes to monthly pricing will be handled in accordance with Section 7.

28. Events Outside Our Reasonable Control

Neither party will be responsible for a failure or delay in performing an obligation where that failure results from circumstances outside that party’s reasonable control.

This may include significant internet or infrastructure failures, natural disasters, widespread service outages, government action or other events that could not reasonably have been prevented.

The affected party should take reasonable steps to minimise the effect of the disruption.

29. Entire Agreement

These terms, together with your agreed proposal, quotation, order summary and any applicable Data Processing Addendum, form the agreement between us relating to the services.

They replace previous discussions or communications concerning the same services, except where we have expressly agreed otherwise in writing.

30. If Part of These Terms Is Invalid

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue to apply so far as legally possible.

31. No Waiver

If either party does not immediately enforce a right under these terms, that does not mean that right has been waived.

32. Governing Law and Jurisdiction

These Terms and Conditions and any dispute or claim arising from them are governed by the laws of Scotland.

The Scottish courts will have jurisdiction in relation to disputes arising from these terms, subject to any rights or rules that cannot lawfully be excluded.

33. Contact Us

If you have questions about these Terms and Conditions or need to give notice under them, please contact:

Kay Park Digital
Email: [email protected]
Website: kayparkdigital.co.uk