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The named Client (hereafter referred to as the “Client”) is engaging Kinetal IT (limited) a registered company No.10326024 (hereafter referred to as the “Company”) for the specific purpose of developing and/or improving a website to be installed on the Company’s web space, or the Clients independently obtained web space.
Kinetal IT is located 2 Bath Lane Cottages, Friars Mill, Leicester. LE3 5BJ. The Company’s website lists their current features and services available – learn more at www.kinetalwebsites.com
2. CHANGES TO TERMS
The Company reserves the right to alter these terms at any time, without prior notice or warning. All changes or modifications will come into effect immediately upon posting to them to the Company’s website. In the unlikely event that the Company is unable to fulfil part of a previous agreement – a refund or an alternative will be offered.
3. CHANGES TO PRICING
The Company reserves the right to change their prices at any time, without prior notice. All new and existing Clients will be charged based on the most recent price, shown on the Company’s website. Services and features may also be altered at any time.
Existing agreements and quotes will be based on prices applicable at the time of purchase, for the initial website development. However, the most up-to-date prices are immediately applicable to site management and ongoing costs – this includes, but is not limited to, the cost of additional pages, modifications or hosting for example.
4. WORK FLOW / DEVELOPMENT PROCESS
The total time to complete a project varies depending on the size and complexity of a website, and the speed at which the Client communicates and provides their content to the Company; therefore, no guarantees can be made.
5. CONSULTATIONS AND COMMUNICATIONS
The Client must provide their business details, their requirements and or specification to the Company. The Company will only meet with or visit the Client, or designated representatives, at their own discretion. Face to face meetings are not essential for development, however they are recommended. No quote or consultation fees will apply unless stated in advance by the Company. All advice given to the Client by the Company is given in goodwill; the Client understands that the Company cannot provide legal advice and that they are solely responsible for the resulting consequences of any decision made based on the recommendations or advice given by the Company.
A. PAYMENT METHODS ACCEPTED
The Company only accepts Cash, Cheque, Bank Transfer and Debit/Credit Cards as valid payment methods. When payment is made by cheque, it must be written to “Kinetal IT Ltd”.
The Client is responsible for ensuring that the Company receives full, valid payment on time. Please be advised that overdue payment will be subject to a 8% accumulative daily interest. Work will not commence until valid payment is received successfully.
B. ADDITIONAL EXPENSES
Additional expenses are costs incurred by the Company to obtain assets or services which were not included in the original agreement. The Company must inform the Client of the cost prior to obtaining assets or services. The Client agrees to reimburse the Company for any Client requested expenses, such as the purchase of photography, during the project. All fees and additional expenses incurred during the project must be paid within 14 days of completion.
C. FAILURE TO PROVIDE VALID PAYMENT PROMPTLY
Overdue payments will be subject to an 8% accumulative daily interest.
If any payment is not received from the Client when it is due, no further work will be completed until the necessary valid payment is received in full.
The Company reserves the right to execute what they deem as appropriate actions to secure assets and or valid payment. This may include, but is not limited to: reclaiming work, designs, planning, content and files; removing features; changing the account passwords for facilities, such as Google Analytics or web hosting; taking a website, its files, and services offline; or legal action. If a payment delay is anticipated, the Client must alert the Company to discuss potential problems in advance. Alternative arrangements may only be made at the Company’s discretion.
7. FEATURES – DESIGN AND DEVELOPMENT
Unless otherwise stated – this agreement contemplates the creation of a website. Specific details of the agreement, and the features which are included, are outlined either on the Client’s contract or on a receipt/invoice.
SEARCH ENGINE OPTIMISATION (SEO)
This agreement contemplates the use of on-page SEO techniques to optimise the Clients website. This includes, but is not limited to: creating unique, accurate page titles; use of the “description” Meta tag; use of the “copyright”
Meta tag; use of the “keywords” Meta tag; alternate image text; efficient URL structure; and other practices deemed necessary or appropriate by the Company. No guarantees can be made regarding the effectiveness of this service.
CROSS BROWSER COMPATIBILITY
Compatibility is defined as all critical elements of a page being viewable in multiple web browsers. Our agreement contemplates the creation of a website viewable by the most common web browsers. The website will be tested for compatibility using Microsoft Internet Explorer and Google Chrome (current version at time of publishing), unless otherwise stated.
The Client is aware that some advanced features online may require visitors to use a more recent browser version or plug-in. Different browsers and versions to those specified, such as Apple Safari and Opera, are highly likely to also be compatible; however, the Client understands that the Company does not test on other browsers extensively.
CONTACT / ENQUIRY FORMS
This agreement contemplates the creation of one contact/enquiry form for the Clients website, unless otherwise specified. Contact/enquiry forms will allow visitors to enter information which will be sent to the Client via email.
PHOTO GALLERIES AND SLIDE SHOWS
This agreement contemplates the inclusion of one photo gallery or slideshow for the Clients website, unless otherwise stated. All content, including photography, must be provided by the Client to the Company promptly.
GOOGLE MAPS AND YOUTUBE EMBEDDING
Google Maps, YouTube videos, and other media or plug-ins may be embedded onto the Clients website. The
Company reserves the right to determine what is inappropriate and has the right to refuse to embed such content.
FACEBOOK AND SOCIAL NETWORKING
The inclusion of social networking plug-ins, such as the Facebook “like” button or the Twitter “tweet” button, can be included on each page of the website. Other plug-ins may be included at the Company’s discretion.
OTHER DYNAMIC CONTENT OR FEATURES
Unspecified dynamic content or features may be included at the Clients request, at the Company’s discretion.
SITE MANAGEMENT AND UPDATE SERVICES
After this agreement has been completed, the Company is not required to update the Clients website without receiving additional payment. All content, files, designs and other, will remain online.
Only the Company may access the web host provider or the domain name account if they were provided free of charge for the Client. The Client is required to pay the Company to update content or to modify the website outside of the contract term or support agreement.
All textual content (such as articles, products information, or other information) must be supplied by the Client. Textual content must be provided in Microsoft Office formats (such as “.doc”, “.docx”, “.xls” etc) or a PDF format.
2500 characters (excluding spaces) per page approximate a standard web page, having larger pages is to our discretion. If the Client requests multiple pages of more than 2500 characters, these may be subject to additional fees for increased formatting time – for example, massive pages may be counted and charged as up to two pages.
It is anticipated that the Company will receive, from the Client, all the graphic elements necessary to complete the Client’s website. This includes, but is not limited to: the company logo, ancillary images, photography and video.
The Company is responsible for creating the websites design and layout – they are not responsible for creating content. This agreement does not contemplate the Company purchasing any photography or graphics during development at the Client’s request. The Company may purchase additional content, photography or graphics on the Clients behalf; however, these costs will be counted as additional expenses which the Client must pay for.
Submission of content of can be made: via email; via our online website form; or by an agreed alternative method. The Client may only provide printed or hand-written content at the Company’s discretion. The Company reserves the right to refuse poor-quality, printed or hand-written content.
FAILURE TO PROVIDE CONTENT PROMPTLY
The Client must provide all content necessary for the websites within 20 days of paying the setup fee. If the Client fails to provide all necessary content for the websites completion within 20 days of purchase. The Company is required to pay the website subscription fee regardless of whether the website has been launched or not.
9. FEATURES – ONLINE SERVICES
The Company will provide web space to host the Clients website. The web hosting provider is a third party so no guarantees can be made as to the availability or interruption of this service by the Company. The Company cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. The Company reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
Only the Company is authorised to access the web hosting account. Modifications and updates to the website, after the initial developments completion, must be paid for by the Client unless they change falls within a support contract or website subscription. It is not compulsory for the Client to use this feature – they may decline this offer; in which case they invalidate their entitlement to this service. The Company is not obliged to provide any additional services after the agreement is fulfilled or outside of the allocated support contract / website subscription agreement.
ALTERNATIVE WEB HOSTING
If the Client already has a web hosting provider available to them, the Company will only upload files to the host at their discretion. The Company reserves the right not to offer, or to charge for this service, at their discretion. The Client has the right to secure web hosting independently – this requires no support from the Company. To upload files to a web host owned by the Client, the Client must authorise the Company to access the hosting account, and give them permission to upload files and modify all settings required for the specified development.
Websites created by the Company include one years’ free domain name, unless otherwise stated. The Company will secure one domain name requested by the Client under the following terms.
Only publicly available domains with a .CO.UK domain extension are offered free of charge. The Client understands that once a domain has been purchased – it cannot be renamed, modified, or refunded. It is not compulsory for the Client to use this feature – they may decline this offer, invalidating their entitlement to it. Should the Client desire a domain name with a different extension, .COM or .NET or .ORG or .BIZ or .INFO for example, this would be counted as an additional expense, for which the Client must pay the retail price in advance.
DOMAIN NAME TRANSFERS
If the Client already has a domain name, the Company will only coordinate redirecting the address to the new host at their discretion. The cost of domain name transfers is an additional expense and must be paid for in full by the Client in advance. The Company reserves the right not to offer, or to charge for this service, at their discretion. The Client has the right to secure domain names independently – this requires no support from the Company.
If stated, the Company will create email accounts for the Client using their chosen domain name. Email accounts require a domain name and an Office 365 subscription. The Company will provide the necessary account details and basic instructions to assist the Client to setup email accounts on their computer. One Email account is allocated and any additional email accounts will incur a charge based on the Office 365 subscription requested
The agreement does not contemplate the inclusion of ecommerce facilities unless stated. If included, PayPal Standard will be the provider used by the Company for providing online shopping ecommerce facilities. The Client understands that PayPal Standard is a free service, without monthly or annual charges, which is not affiliated with the Company. The Client understands that the Company is charging for the ecommerce facility setup and integration into the website – not for the shopping cart software.
The Company requires a PayPal Merchant Account setup in the Clients name to setup ecommerce features. The Client must provide the Company with an existing PayPal Account and login details for the initial setup. If the Client does not have a PayPal account – the Client gives permission for the Company to create a PayPal account on their behalf. The Client is responsible for adding their financial information, bank details, and or funds, to the PayPal Account. The Company will never use your details or access your account without specific permission in advance.
After completion – any transaction fees requested by PayPal are the Clients responsibility. All finances, costs, outgoings, income, profits, losses, legal problems, and other issues relating to the PayPal account, or any other situation, are solely the Clients responsibility. The Company has absolutely no obligation to resolve or pay for
mistakes which are not their fault. The Client is solely responsible for problems caused after completion.
10. CLIENT AMENDS
The Company encourages input from the Client during the design process, therefore the Client agrees that there will be no design changes after the basic layout has been confirmed and accepted by the Client. If significant page modification is requested after a page has been built to the Client’s specification, it will be counted as an additional page, which much be paid for. Examples of significant page modification at the request of the Client include: developing a new table or layer structure to accommodate a substantial redesign; replacing more than 50% of the text to any given page; creating a new navigation structure or changing the designs graphics; or significantly reconfiguring the Client’s shopping cart with new product, shipping or other calculation if ecommerce was included.
If significant modifications are requested by the Client, the Company reserves the right to refuse such changes, or to charge additional expenses, at their discretion. However, reasonable changes will be covered during development.
11. LIMITED LIABILITY
The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the web hosting service, or the Company’s services. Abusive and unethical materials include, but are not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. The Company reserves the right to determine what is and what is not inappropriate. The Client hereby agrees to indemnify and hold harmless the
Company from any claim resulting from the Client’s publication of material or use of those materials.
The Client agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Company’s development of the Client’s website. This includes liabilities asserted against the Company, its subcontractors, its agents, its Clients, servants, officers and employees, that may arise or result from any product sold or service provided by the Client, its agents, employee or assigns. The Client also agrees to defend, indemnify and hold harmless the Company against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person,
organisation, or business.
13. LAWS AFFECTING ELECTRONIC COMMERCE
The Client agrees that they are responsible for complying with the laws, taxes, and tariffs related to ecommerce, and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of electronic commerce.
14. COPYRIGHT AND OWNERSHIP
The Client represents to the Company and unconditionally guarantees that any content, text, information, or graphics furnished to the Company for inclusion in the Client’s website are owned by the Client, or that the Client has permission from the rightful owner to use those elements, and will hold harmless, protect, and defend the Company and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. Each party is responsible for ensuring that content which they provide can be used legally.
Copyright to the finished assembled work of webpage’s and graphics produced by the Company, specifically for the Client, shall remain with the Company, the Company retains the right of ownership to custom designed graphics created by the Company, source code, files, text, and any other program specifically designed or purchased on behalf of the Client for the completion of this project. Use of graphics or source code produced by the Company for any purpose other than the purpose of the web site being designed, is not permitted.
All work and assets remain property of the Company. All content provided by the Client, including textual and graphical content, will always remain property of the Client, unless otherwise stated, however the Company receives ownership rights to store, backup, and archive such files. The Company reserves the right to permanently store a copy of the completed website as a record of achievement. This copy may be shown to other Clients to demonstrate the Company’s work. Full-size screenshots of the website and its content may be shown on the Company’s website.
All unused designs, layouts, graphics, coding, other files, and ideas remain the property of the Company at all times. The Client has the right to view and temporarily store draft designs, completed designs, graphics, ideas and planning created by the Company; all of which must be returned, if requested, and then deleted if they were not included in the completed website development. The same applies if the agreement terminates or if the Client fails to pay fully. After the Company receives full payment from the Client – the Client may receive ownership of the completed assembled websites files (such as HTML, CSS, graphics, and content). Planning remains property of the Company.
Additional ownership and usage terms of features, such as domain names, are stated in the “Features” sections.
The Company reserves the right to outsource work to other businesses and or freelance individuals. The Company warrants all work completed by subcontractors for this project. The Company will be responsible for paying for such assistances. The Company must ensure that all parties involved acknowledge and agree to respect these terms of agreement; including, but not limited to: copyright, indemnification, limited liability, ownership, and nondisclosure.
16. DESIGN CREDIT
The Client agrees that the Company may place a byline (accreditation) on the bottom of every webpage –
establishing design and development credit. The Client agrees not to remove, hide, or discredit said byline. The
Client also agrees that the website created for the Client may be included in the Company’s portfolio.
17. NON DISCLOSURE
The Company, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information to any third party. Likewise, the Client agrees that it will not convey any confidential information obtained regarding the Company to another party.
The Company and the Client must work together to complete the website in a timely manner. An anticipated project completion date can be outlined in discussion, or on the Clients contract, however the Company will not be held responsible for miscalculations of this timeline. The Company will provide the Client with a website address, so that the Client can continuously view the progress of the project.
19. TERMINATION AND REFUND POLICY
In the event that the work is postponed or cancelled at the request of the Client, is cancelled due to other factors caused by the Client which are unacceptable and makes fulfilment of the agreement basically impossible, or cancelled because the Company was misled and or has not been provided with the necessary details or content in a timely manner – the Company shall have the right to retain the original setup fee. In the event this amount is not sufficient to cover the Company for time (approximately £40 per hour) and expense already invested in the project, additional payment will be due from the Client.
Unforeseen or sudden termination or postponement of a project, declared by the Company, must have sufficient reasoning – examples of such include, but are not limited to: illness or accident which makes it impossible for the Company to work; illness or accident which could significantly affect the Company’s quality of work; bankruptcy; legal action either related to the Client, or action which may affect the project. In this situation, the Client must be informed of the termination or postponement, and the reasoning for it, by either the Company or their designated representatives. In this situation, the Client accepts that they are not entitled to compensation from the Company and that the maximum refund which they may receive is the full sum, 100%, at the Company’s discretion. If and when the Company is able to continue the project – the Client will be informed of the options available to them. Services may be offered as an alternative to a cash refund; for example: additional web pages or web hosting.
No refunds are given on services stated as “free”, “free of charge”, “complimentary” or of a similar description. Note that the Client will only receive the ownership of any assets, which they have paid for, after the conditions and quantity of any refund are agreed by both parties.
20. ENTIRE UNDERSTANDING
This agreement, and any additional terms or appendices attached, thereto constitute the sole agreement between the Company and the Client regarding this project. Specific details of the agreement, and the features which are included, are outlined either on the Client’s contract or on a receipt/invoice.
This agreement becomes effective immediately when the Client confirms in writing to proceed, submits and agrees to the new website form, pays the setup fee, or any financial payment, for a project to the Company. The recognition and acceptance of these terms can be evidenced by the submission of the New Website form and agreeing to the terms on the website. However, failure to submit the form does not invalidate the agreement. It is the spirit of this compulsory agreement that this will be a mutually beneficial arrangement for the Client and the Company.
The Client hereby agrees to these terms when they engage Kinetal IT as an independent contractor for the specific purpose of developing and/or improving a website project. The Company also agrees to these terms.
Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement shall be governed and construed in accordance with the laws of the United Kingdom.