Angelfish Terms and Conditions (T&Cs)

At Angelfish we pride ourselves on supplying excellent products and we are committed to delivering the highest standards of customer care and service. We will always do our best to fulfil your needs and meet your expectations, but it’s important at the outset that we clarify the commitment we are making to each other, along with detailing the way we work and what is included – and what is not included – within the scope of any project proposal, additional works estimate or annual renewal that we have given to you.

Our General T&Cs apply to all our Clients. Our Website and/or Booking System/Bespoke Software T&Cs also apply, depending on the type of project.

Please take the time to read all relevant T&Cs as they form the basis of your contract with Angelfish, and contact us if you have any queries.

General T&Cs  •  Website Development T&Cs  •  Booking System/Bespoke Software T&Cs

Booking System/Bespoke Software Terms & Conditions

By accepting the Booking System/Bespoke Software project proposal and estimate provided by Angelfish Software Ltd (Angelfish), you (the Client) are committing to be bound by the following terms & conditions (T&Cs). These T&Cs are specific to Booking Systems and Bespoke Software development projects (hereafter described as ‘the System’) and they supplement our General Terms & Conditions, which also apply.

 

1. Providing an estimate based on your brief

The estimate we have provided in our project proposal is based on our interpretation of your brief and our assessment of the programming work required to fulfil your brief. It includes exact details of the programming work that will be supplied by Angelfish. 

Please read the estimate carefully and thoroughly because the work it details forms the basis of the contract between us. In particular, ensure that it contains the elements and functionality you require. 

Once you agree to proceed, any changes/additions to the list of work in this estimate may result in additional costs. See our General T&Cs, clause 2, Accuracy of estimate/additional charges, for more information.

 

2. Fulfilling your brief

Your System development brief will be completed over 2 phases: 

1. System Development phase

We will consult you throughout the development process to ensure that the System meets your expectations based on your brief.

If during the course of the development phase you wish to terminate the contract, you must do so in writing. You accept that you will be charged for the work that has been done in developing the System up to the point of you terminating the contract. Such work will be charged at our standard hourly rate. Angelfish is solely responsible for determining how many hours of work have been completed to the point of termination of the contract.

2. System Testing phase

Once the System development phase has been completed we will ask you to test your entire System and carry out a full and final review. 

You will have a review period of a maximum of 5 (five) days to check the work and give your final approval. At this point we allow one round of corrections to repair any genuine programming errors found in the System. 

If further tweaks are required to the functionality of the System, we will provide up to a maximum of 1 (one) hour’s programming work to make any necessary alterations. At this stage any major revisions or functionality changes, beyond one hour of design work, are liable to additional charges at our standard hourly rate. For a guide to charges, please see clause 5, Ongoing support charges.

If we do not receive feedback from you within the 5-day review period, it will be deemed that you are happy with our work and considered indirect approval. 

Once we have received direct, or indirect, approval and sign-off, we will issue a final invoice for the remaining 50% of the total development cost and any accrued additional charges. The System will not appear live online until the final invoice has been settled.

Please note: it is vital during this phase that you spend time making sure you are happy with our work, because once the System goes live online the Development and Testing stages of the project have finished. Any further revisions to the design, layout or content will be classed as ongoing support and will be subject to our standard hourly rate. Even if you later identify errors or omissions which you consider were part of your brief, once the System is live all work becomes chargeable at our standard hourly rate.

 

3. Client sign-off

At the point your System goes live, you should fully understand it is accepted by both parties that:
  • the project has been fulfilled and you have signed off and accepted the work that Angelfish has supplied 
  • you will need to pay Angelfish for any further work you require us to do to maintain, enhance, evolve and/or correct the System.

You cannot delay sign-off, approval and acceptance of a project due to reasons outside the control of Angelfish. Examples of this include, but are not limited to: 

  • unreasonable delays in reviewing our work due to reasons such as you ‘being too busy’ or having insufficient staff to review the work
  • awaiting domain name ownership changes
  • delays caused by a dispute you are involved in with your previous website/software developers.
 

4. Other items INCLUDED in the project proposal costs

4.1 Hosting

Web hosting is an essential service that allows you to post your System live on the internet. All Systems need to be hosted on a server to appear live online. The System project proposal and estimate includes the cost of hosting the System for one year from the date it goes live. 

Angelfish Systems can be hosted only on servers that are approved by Angelfish. It is not possible to move your System to an alternative host without our express agreement. Please see clause 4.3,Software access.

4.2 Content management system (CMS)

The System we provide will have its own content management system (CMS). We will provide you with the website address for your CMS and a user name and password for access. Your estimate includes access to the CMS for one year from the date the system goes live. 

4.3 Software access 

The source code used to create the Systemremains the intellectual property of Angelfish Software Ltd. 

As part of the project proposal costs we grant you access to the System created by Angelfish for your business for one year, with the option to renew that annually.

Should either party terminate the contract, Angelfish retains ownership of the System, unless otherwise agreed in writing. You will have no actual or implied right of access to the System. 

4.4 Training

We include an initial remote training session of up to one hour to get you started on your System. We also provide you with a comprehensive online user guide which you can access from your System CMS.

Any further training will be liable to additional charges at our standard hourly rate.

 

5.0 Items NOT INCLUDED in the project proposal costs

The following items are not included in the project proposal and estimate. You also accept that any other items, unless mentioned as being included, are not included in the project proposal cost.

5.1 Ongoing support charges

5.1.1 Programming support

All programming support will be charged at our standard hourly rate.

5.1.2 System usage support

As part of your contract, we provide you with one hour of remote training in the use of your System. Once we have delivered this initial training, all System usage enquiries and support are chargeable at our standard hourly rate.

5.1.3 Content, functionality and design support

Once your System has gone live online, if you wish us to make any changes to its content, functionality or design, there will be additional charges applied, at our standard hourly rate, even if you believe those changes formed part of your brief. 

5.1.4 Patches and compatibility upgrades

Your Annual Renewal Fee does not include any retrospective of future software patches, updates or compatibility upgrades. Where these are required, we will quote you separately at our standard hourly rate.

5.1.5 Support charge notification

To ensure that you remain fully aware of any support charges which may be accruing on your account:

  • when you contact us to request support tasks which are likely to cost more than £50 we will draw this to your attention by email and await your approval before proceeding 
  • when you contact us to request minor support tasks which are likely to cost less than £50, we will proceed without providing a quote or seeking further approval from you. 

You can revise the ‘prior approval’ figure upwards, or – if you would like a quote and prior approval for all support charges – you can revise it down to £0. To alter the prior approval figure, please email caroline@angelfishsoftware.co.uk

As standard we issue separate support charge invoices once the charges accrued reach £200. If during the course of the year your support charges are less than £200, the charges will be added to your annual renewal invoice. You can revise the ‘invoice trigger’ sum down to a value of your choosing of between £50 – £199. To alter the invoice trigger figure, please email caroline@angelfishsoftware.co.uk

5.2 Web hosting, software usage and access to the System (after the first year)

After the first year we will send you an invoice which will include an Annual Renewal Charge. This charge is to cover the cost of website hosting, software usage and access to your CMS for the following year. This means that annual website hosting costs and access to the CMS are payable in advance by your anniversary date.

5.3 Merchant services (PayPal, Worldpay, Stripe and Opayo)

If your System includes a facility to allow your customers to pay for goods and /or services, you will need to create an account with an approved Merchant Services Provider.

The standard estimates provided by Angelfish include the cost of initial integration with PayPal, Worldpay, Stripe or Opayo, only up to a maximum of one hour. If your integration is particularly complex and requires extra work by AF, this will be subject to extra costs. Estimates do not include any ongoing costs that may be incurred through maintaining your connectivity to your chosen Merchant Services Provider.

It is your responsibility to set up the appropriate accounts and to provide us with the required information to allow Angelfish to integrate your Merchant Account with your System. 

Please note: Integrating with Merchant Services Providers other than PayPal, Worldpay, Stripe or Opayo may be possible but it can be very time consuming and therefore can add significantly to the cost of a project. 

If you wish to use an alternative Merchant Services Provider, please discuss this with Angelfish at the project brief stage and ensure you obtain an estimate from us before committing to any other Merchant Services Provider.

5.3.1 Merchant Services Provider system update charges

Angelfish are not responsible or liable for any updates or changes that Merchant Services Providers make to their systems or protocols. From time to time Merchant Services Providers change their systems, which in turn requires Angelfish to revise our system to maintain connectivity. The cost of undertaking this work is not included in any previous estimate that we have provided to you or in your Annual Renewal Fee. We will make you aware in advance of any charges that may be applicable to maintain connectivity with your chosen Merchant Services Provider.

5.3.2 Merchant Services Provider fees

Merchant Services Providers will charge you a percentage commission and /or a fee for every transaction processed. You are responsible for paying all Merchant Services Provider charges and for ensuring that your website complies with their Terms and Conditions, as per your contract with them. 

5.4 iCal and API connections to third party booking channels

Some Angelfish Booking Systems include a facility to allow you to synch and update your Angelfish Calendar with other third party Booking Channels such as AirBnB, Pitchup etc. If you require this functionality we will quote for this separately, as it is specifically not included in the standard estimate provided by us.

It is your responsibility to set up the appropriate accounts and to provide us with the required information to allow us to integrate your Booking Channel calendar with your System. We will not chase or contact other Booking Channels on your behalf and this task is specifically excluded from any quote we provide.

Integrating with third party systems such as Booking Channels can be complex and time consuming and hence add significantly to the cost of your project. It is therefore vital that if you wish to integrate with a specific Booking Channel you discuss this with Angelfish before making any commitment to the Booking Channel.

5.4.1 iCal/API system update charges

Angelfish are not responsible or liable for any updates or changes that Booking Channels make to their systems or protocols. From time to time Booking Channels change their integration protocols, which in turn requires Angelfish to revise our system to maintain connectivity. The cost of undertaking this work is not included in any previous estimate that we have provided to you or in your Annual Renewal Fee. We will make you aware in advance of any charges that may be applicable to maintain connectivity with your chosen Booking Channel.

5.4.2 Booking Channel fees and commissions

Booking Channels will charge you a percentage commission and /or a fee for every Booking made via their systems. You are responsible for paying all Booking Channel charges and for ensuring that your Website/Booking System complies with their Terms and Conditions, as per your contract with them. 

 

6.0 System error report handling

Reports of ‘system errors’ are usually caused by inaccurate data or user error. As such, when we receive system error reports which have resulted in such things as double bookings, loss of data, errors in pricing/booking/deposit rules, lost bookings, inaccurate data, and omissions or any other type of potential data / user error, we will proceed as follows: 

  1. Angelfish will spend a reasonable period of time investigating the issue, up to a maximum of 30 minutes. We are solely responsible for determining what we believe to be a ‘reasonable’ amount of time.
  2. Regardless of how the error occurred, Angelfish will, where appropriate, make recommendations about the programming measures which could be put in place to fix the error and / or prevent the error from occurring again. We will provide a cost estimate for the required work. We are in no way liable for the costs involved with fixing any identified errors or for putting measures in place to prevent similar data / user errors. Any such fixes or measures will be implemented only if you agree to proceed with and pay for the work.
  3. After our preliminary report, if further investigations or reports are required, Angelfish will charge for any time spent at our standard hourly rate. 

 

7.0 Data backups

Angelfish backs up System databases approximately once every 7-10 days as standard. We only keep copies of the most recent database backup, so we are unable to provide copies of historic backups. 

If you require a daily database backup we would be happy to provide you with a quote.

 

General T&Cs  •  Website Development T&Cs
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