Terms

These are the general terms. Each commission has its own written agreement, and where the two differ, that agreement is the one that counts.

1. Scope

Commissioned work is quoted against a written specification produced during a paid discovery stage. The quoted price covers what that specification describes. Work outside it is agreed in writing, with its own price, before it is started.

2. Payment

Discovery is paid before it starts. A deposit books the build, staged payments fall due at agreed milestones, and the balance is due on completion. Invoices are payable within 14 days unless the agreement says otherwise.

3. Ownership and handover

For all commissioned work, business or private, the price includes full handover. On receipt of final payment, the source code, database structure, deployment configuration and the intellectual property in the work as delivered transfer to you outright. Until final payment is received, that ownership remains with Toby Kalkman. A keepsake site is commissioned work like any other: you end up owning it on the same terms.

Third-party components — open-source libraries, hosting platforms, paid services — remain under their own licences, which pass to you as they are. Anything I built before your project and reused within it is licensed to you perpetually and without cost for use in the delivered work; it does not become exclusively yours.

4. Free work

Software given away is provided as it is, with no warranty and no guarantee of support, updates or continued availability. It costs you nothing and it promises you nothing — that is the trade, and it is stated plainly rather than buried.

5. Cancelling, if you are a consumer

If you are buying as a private individual rather than for a business, and we agreed the work without meeting in person, you have a statutory right to cancel within 14 days of the contract being made. Nothing in these terms affects that right. The exemption for personalised items covers goods rather than services, so being bespoke does not remove it.

To cancel, email me. A sentence is enough, and I will confirm it in writing.

A keepsake is usually wanted for a fixed date, so the work often has to begin inside those 14 days. If you ask me to start before they are up and then cancel, you pay a proportionate amount for what had been done by the time you told me, and nothing beyond that. If you would rather nothing began until the 14 days had passed, say so and we will work to that instead.

6. Warranty

Commissioned work carries a 30-day warranty from launch: anything that does not do what the specification says it does is fixed at no charge. New requirements, changes of mind and third-party breakage are not defects, and are quoted as new work.

7. After handover

Once handed over, the work is yours to run, change or retire. There is no obligation to keep me involved. Ongoing support is a separate arrangement and is never a condition of delivery.

8. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.

9. Contact

Toby Kalkman, trading as Kalkman Code, Suffolk, United Kingdom. Email hello@kalkmancode.co.uk. Postal address: 10 Irex Road, Lowestoft, Suffolk, NR33 7BU.