1. About these terms
These terms apply when Kapture Communications Ltd ("Kapture", "we") agrees to do work for a business ("you"). Your signed quote, proposal or order ("the order") sets out the scope, price and timing; together with these terms it is the whole agreement. If the order and these terms differ, the order wins.
If you are buying as an individual for personal use rather than for a business, our consumer terms apply too and give you rights these terms cannot take away.
2. Quotes and currency
You choose USD or GBP on the quote, and that currency is fixed for the contract. Quotes are valid for 30 days; invoices are due in 14 days.
Prices exclude VAT, third-party fees, advertising, printing, filming, travel and stock licences, which are quoted separately.
If we are registered for VAT, VAT is added at the current rate.
3. Builds and one-off projects
Payment is in three stages: 50% on booking, 30% at the agreed review milestone and 20% at acceptance, before launch or handover.
We start once the first payment is received. We hold the launch date only while you send content, feedback and approvals on time; if the project waits on you for more than 30 days, we may pause it and agree a new date.
Each project includes the revision rounds in the order. More rounds, or changes to the agreed scope, are quoted as a change request before we do them.
Acceptance: when we tell you a deliverable is ready, you have 10 working days to test it against the order and tell us of anything that does not meet it. We fix those points; otherwise the deliverable is accepted, as it is if you launch or use it live.
Every build includes 30-day Hypercare, followed by an agreed monthly plan for at least six months.
4. Monthly plans
Kapture K plans (Essential, Care, Operate, Partner and Embedded team): Three months initially, billed monthly in advance. Then rolling, with 30 days’ notice.
Hours or requests a plan includes are for that month; unused time does not roll over. Work beyond the plan is charged at our rate card or quoted first.
A first response acknowledges and schedules your request. It is not a promise of completion within a day.
We may change a plan’s price once a year, with 30 days’ notice; you may end the plan before the new price applies.
5. Invoices and late payment
Invoices are due within 14 days. If an invoice is late, we may pause work and, under the Late Payment of Commercial Debts (Interest) Act 1998, charge statutory interest and compensation. We will remind you before we pause anything.
6. Your part
You make sure the content, logos, images and data you give us are yours to use, accurate and lawful, and you get any permissions needed. You own your accounts with third-party platforms such as Wix, Stripe, domain registrars and Google; we work in them as your authorised user.
Third-party services carry their own terms and fees. We are not responsible for their outages, price changes or decisions.
7. Who owns the work
When you have paid in full, you own the final deliverables we made for you, and we assign our rights in them to you. Until then we license them to you for review only.
We keep our own tools, code libraries, templates, design systems and know-how, including anything we made before or outside your project. Where these form part of your deliverables, you get a permanent, non-exclusive licence to use them as part of that work.
Unless you tell us in writing, we may show the finished work, your name and logo in our portfolio once it is public.
8. Confidentiality and data
Each of us keeps the other’s confidential information private and uses it only for the work.
Where we handle personal data on your behalf (for example, your customers’ details in your website), we act as your processor under the data processing terms in the order, and only on your instructions.
9. Liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law does not allow to be limited.
Otherwise, neither of us is liable for indirect or consequential loss, or for loss of profit, revenue, data or goodwill, and our total liability under each order is limited to the fees you paid under it in the 12 months before the claim.
10. Ending the work
Either of us may end an order by written notice if the other seriously breaches it and does not put it right within 14 days of being asked, or becomes insolvent. You may end a monthly plan with 30 days’ notice after its minimum term.
If an order ends early, you pay for work done to that date and we hand over what you have paid for.
11. General
Neither of us is liable for delay caused by events outside reasonable control. We may use trusted subcontractors and remain responsible for their work. Notices go by email to the addresses in the order. These terms and any dispute about them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
Kapture Communications Ltd. Registered in England and Wales, company number 17160990. Registered office: Nottingham, United Kingdom.