TERMS AND CONDITIONS Application and entire agreement 1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by KiBook of Cornock Street, West Dunbartonshire, G81 3BP (we or us or Service Provider) to the person buying the services (you or Customer). 2. You are deemed to have accepted these Terms and Conditions when you accept our quotation or from the date of any performance of the Services (whichever happens earlier) and these Terms and Conditions and our quotation (the Contract) are the entire agreement between us. KiBook may update, amend or revoke these conditions at any time. These changes will be communicated to you. 3. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These Conditions apply to the Contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Interpretation 4. A "business day" means any day other than a Saturday, Sunday or bank holiday in Scotland. 5. The headings in these Terms and Conditions are for convenience only and do not affect their interpretation. 6. Words imparting the singular number shall include the plural and vice-versa. Services 7. KiBook is still under active development. 7.1 We have customers using the software happily and it is developed/tested and deployed in the best state we can provide. 7.2 KiBook is provided AS IS. We are more than willing to help with any issues, but are not held liable for issues caused by misuse of the system. 7.3 We re-iterate, this is not the final product. 7.4 We are constantly improving KiBook 7.5 We warrant that we will use reasonable care and skill in our performance of the Services which will comply with the quotation, including any specification in all material respects. We can make any changes to the Services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary. 8. We will use our reasonable endeavours to complete the performance of the Services within the time agreed or as set out in the quotation; however, time shall not be of the essence in the performance of our obligations. 9. All of these Terms and Conditions apply to the supply of any goods as well as Services unless we specify otherwise. Your obligations 10. You must obtain any permissions, consents, licences or otherwise that we need and must give us with access to any and all relevant information, materials, properties and any other matters which we need to provide the Services. 10.1 Once the system is in your hands, it is your responsibility to keep it updated and in control. 10.2 We provide KiBook as a tool to help you run your business, as with other online services you must control your own data and clients. 10.3 As previously explained, KiBook is under development. KiBook might not make options obvious, in these cases we are more than happy to hear from you while getting setup. Feedback is also welcome. 11. If you do not comply with clause 10, we can terminate the Services. 12. We are not liable for any delay or failure to provide the Services if this is caused by your failure to comply with the provisions of this section (Your obligations). Fees and Deposit 13. The fees (Fees) for the Services are set out in the quotation and are on a time and materials basis. In addition to the Fees, we can recover from you a) reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses, b) the cost of services provided by third parties and required by us for the performance of the Services, and c) the cost of any materials required for the provision of the Services. 14. You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then current, applicable daily rate in effect at the time of performance or such other rate as may be agreed between us. 15. The Fees are inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority. 16. You must pay a deposit ("Deposit") as detailed in the quotation at the time of accepting the quotation. 17. If you do not pay the Deposit to us according to the clause above, we can either withhold provision of the Services until the Deposit is received or can terminate under the clause below (Termination). 18. The Deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made). Cancellation and amendment 19. We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the Services have not started, within a period of 30 days from the date of the quotation, (unless the quotation has been withdrawn). You have a 30 day free trial at the beginning which you can cancel any time before the 30 days are over to avoid payment, if you cancel beyond these 30 days there is a minimum of 24 hours notice period. Your data can be removed on demand. 20. Either we or you can cancel an order for any reason prior to your acceptance (or rejection) of the quotation, if we cancel your account due to non payment we may discuss re-opening your account but you cannot sign up as a new client without permission. 21. If you want to amend any details of the Services you must tell us in writing as soon as possible by email, this is our only acceptable method of cancelling. We will use reasonable endeavours to make any required changes such as cancelling your KiBook account, cancelling your Stripe monthly subscription. 22. If, due to circumstances beyond our control, including those set out in the clause below (Circumstances beyond a party's control), we have to make any change in the Services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum, if our payment provider can no longer support you due to their own terms and conditions, we may be unable to offer support depending on the situation. Payment 23. We will invoice you for payment of the Fees either: when we have completed the Services; or on the invoice dates set out in the quotation. 24. You must pay the Fees due within 15 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us. 25. Time for payment shall be of the essence of the Contract. 26. Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 0% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full. 27. All payments due under these Terms and Conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part. 28. If you do not pay within the period set out above, we can suspend any further provision of the Services and cancel any future services which have been ordered by, or otherwise arranged with, you. 29. Receipts for payment will be issued by us only at your request. 30. All payments must be made in British Pounds unless otherwise agreed in writing between us. 30.1 KiBook does not manage charges, refunds, or invoicing between you (the user) and your customers (the client). This is handled by Stripe. 30.2 Deposit payouts are managed via your Stripe account. 30.3 KiBook only interacts with your bank account via the monthly subscription you agree to when registering your account. This subscription can be cancelled at any time, and will pause your KiBook account when the subscription period completes. 30.4 Your account will be destroyed along with any stored data after a set period of time where no payments have been made. Sub-Contracting and assignment 31. We can at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under these Terms and Conditions and can subcontract or delegate in any manner any or all of our obligations to any third party. 32. You must not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions. Termination 33. We can terminate the provision of the Services immediately if you: commit a material breach of your obligations under these Terms and Conditions; or fail to make pay any amount due under the Contract on the due date for payment; or are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or enter into a voluntary arrangement under the Bankruptcy Act 2014, or any other scheme or arrangement is made with its creditors; or convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder, a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency. Intellectual property 34. We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights. 34.1 We Provide KiBook as a tool to use for your business. 34.2 KiBook and its processes are our Intellectual Property and should not be mined/replicated or shared. Liability and indemnity 35. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section. 36. The total amount of our liability is limited to the total amount of Fees payable by you under the Contract. 37. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for: any indirect, special or consequential loss, damage, costs, or expenses or; any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services. 38. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees. 39. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability. Data Protection 40. When supplying the Services to the Customer, the Service Provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Customer. 41. The parties agree that where such processing of personal data takes place, the Customer shall be the 'data controller' and the Service Provider shall be the 'data processor' as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time. 42. For the avoidance of doubt, 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' and 'Data Subject' shall have the same meaning as in the GDPR. 43. The Service Provider shall only Process Personal Data to the extent reasonably required to enable it to supply the Services as mentioned in these terms and conditions or as requested by and agreed with the Customer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party's purposes. 44. The Service Provider shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict 'need-to-know' basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations. 45. The Service Provider shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Service Provider on behalf of the Customer. 46. Further information about the Service Provider's approach to data protection are specified in its Data Protection Policy, which can be found The policy can be found on our website. For any enquiries or complaints regarding data privacy, you can email: firstname.lastname@example.org. Circumstances beyond a party's control 47. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions. Communications 48. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party). 49. Notices shall be deemed to have been duly given: when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated; on the fifth business day following mailing, if mailed by national ordinary mail; or on the tenth business day following mailing, if mailed by airmail. 50. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party. No waiver 51. No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy. Severance 52. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable). Law and jurisdiction 53. This Agreement shall be governed by and interpreted according to the law of Scotland and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Scottish courts.
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