Terms of Service

1. Introduction

These Terms of Service (“Terms”) govern your use of the web design, development, and workflow automation services provided by Kilwhiss Online (“we”, “us”, “our”), a trading name of the Kilwhiss Group, registered in Scotland. By engaging our services or using this website (kilwhiss.online), you agree to these Terms.

2. Services

Kilwhiss Online provides the following services:

  • Website design and development (WordPress and custom builds)
  • Website redesigns and migrations
  • n8n workflow automation design, build, and management
  • E-commerce website development
  • Website maintenance and support packages
  • SEO setup and optimisation
  • Domain registration and DNS management

3. Quotes & Project Commencement

All projects begin with a written quote or proposal outlining scope, deliverables, timeline, and cost. A binding agreement is formed when you accept the quote in writing (including email) or make payment. Quotes are valid for 30 days.

4. Design & Development Process

  • Discovery: We gather your requirements, branding, and content
  • Design: We provide mockups or a staging site for your review
  • Revisions: Up to 3 rounds of design revisions are included unless otherwise stated
  • Development: We build the approved design into a fully functional website
  • Launch: After your sign-off, we deploy the website to your live domain

Additional revision rounds beyond those included in the quote may be charged at our standard hourly rate.

5. Client Responsibilities

To keep your project on track, you agree to:

  • Provide all required content (text, images, logos) within agreed timescales
  • Provide timely feedback on designs and staging sites (within 5 working days unless agreed otherwise)
  • Designate a single point of contact with decision-making authority
  • Ensure you have legal rights to all content you provide to us
  • Review and approve the final website before launch

Projects may be delayed if content or feedback is not provided within agreed timescales. We reserve the right to invoice for completed work if a project stalls for more than 30 days due to client delays.

6. Automation Services (n8n)

Where we provide n8n workflow automation services, the following additional terms apply:

  • Workflows are built to the specification agreed in the project scope
  • We will test all workflows before handover, but cannot guarantee compatibility with all third-party services
  • You are responsible for maintaining API keys, credentials, and access tokens for connected services
  • Changes to third-party APIs or services may require workflow updates, which are chargeable
  • We offer ongoing maintenance packages for workflow monitoring and updates
  • Self-hosted n8n instances are your responsibility to maintain, update, and secure unless covered by a support agreement

7. Hosting & Third-Party Services

Websites built by Kilwhiss Online may be hosted on Kilwhiss Host (kilwhiss.host) or a hosting provider of your choice. Web hosting is subject to separate terms of service. We are not responsible for downtime, data loss, or performance issues caused by your hosting provider if you choose not to host with us.

8. Fees & Payment

  • All fees are quoted in GBP and exclude VAT unless stated
  • Website projects: 50% deposit on acceptance, balance before launch
  • Automation projects: 50% deposit, balance on delivery
  • Maintenance packages: invoiced monthly in advance
  • Payment due within 14 days of invoice
  • We reserve the right to withhold website launch or suspend services for overdue accounts
  • Late payments incur interest at 8% above the Bank of England base rate

9. Intellectual Property & Ownership

Upon full payment, you own the final website design, content you provided, and custom code written specifically for your project. We retain ownership of:

  • Reusable code libraries, frameworks, and development tools
  • Generic n8n workflow templates and methodologies
  • Any pre-existing intellectual property used in the project

We reserve the right to showcase your completed project in our portfolio unless you request otherwise in writing.

10. Website Content & Legal Compliance

You are responsible for ensuring all content on your website complies with applicable laws, including but not limited to UK GDPR, the Consumer Rights Act, and advertising standards. We can advise on privacy policies and cookie notices, but legal compliance remains your responsibility.

11. Limitation of Liability

  • Our total liability shall not exceed the fees paid for the specific project
  • We are not liable for lost revenue, data, or business opportunities arising from website downtime or issues
  • We are not liable for the actions or failures of third-party services, plugins, or hosting providers
  • Nothing in these Terms excludes liability for fraud, death, or personal injury

12. Termination

Either party may terminate with 14 days written notice. You will be invoiced for all work completed to date. If you terminate after the design phase, the deposit is non-refundable as design work will have been completed.

13. Governing Law

These Terms are governed by the laws of Scotland. Disputes shall be subject to the exclusive jurisdiction of the Scottish courts.

14. Contact

Kilwhiss Online (a trading name of the Kilwhiss Group)
Email: hello@kilwhiss.online
Website: kilwhiss.online