Terms And Conditions for KR Web Design
Last modified 5th August 2013
If you are acting on behalf of another entity, You represent and warrant that You have the legal authority to commit that entity to these Terms.
1 Defined Terms
1.1 Where these Terms refer to ‘me’, ‘I’ or ‘my’ is meaning KR Web Design or the owner or krwebdesign.co.uk (Mr Keiron Richardson)
1.2 “Where these Terms refer to ‘you’ or ‘your’ this is meaning you personally, the customer.
1.3 Where these Terms refer to ‘Our’ Is meaning KRwebdesign. / Mr Keiron Richardson and You the customer.
2.1 You agree to purchase the design of a website from me. You agree to supply me with text and images (initial content) for use in the design of the Website. You are responsible for text and images and a liable for any copyright or registration fraud/copy.
2.2 I agree to design the number of pages specified in our correspondents. I will commence the design only after the Initial Content has been supplied.
2.3 You accept the presence of the text “Designed and created by KR Web Design and the KR Web Design” logo at the foot of each page on the Website.
2.4 You agree to purchase a domain name through me (if not already purchased’.
2.5 The minimum Term for the purchase of the Licence is either 12 or 24 calendar months, as stated our correspondents.
2.6 Your agree for me to use a hosting account of my choice.
2.7 You agree to update me with your contact details if the change.
2.9 You agree to use my hosting account to host your website for a minimum of 12 months
2.10, If you wish to continue using me after 12 months, you must pay a renewal cost for hosting your website, which is stated on my ‘Prices’ page.
2.11 If you wish to continue using me after your domain name expires, you must pay the renewal through me (unless otherwise discussed)
3 Price And Payment
3.1 Payment for my services must be made via ‘PayPal’ or at my sole discretion, through another method. Renewal must be paid via ‘Paypal’, or, at my sole discretion, through another method.
3.2 Licence payments will be taken automatically each month, in advance, on the Licence Payment Date. Each Licence payment covers the calendar month up until the following Licence Renewal Date.
3.3 It is your responsibility to provide in a timely manner the Initial Content required to complete your site;. Under no circumstances shall you be entitled to make any deduction or withhold payment for any reason.
3.4 If you fail to make payment for my services, I reserve the right to remove the Website from the internet (“Suspension”) and disable your ability to send and receive e-mails. I will notify you prior to Suspension.
3.5 In the event of unpaid payments I reserve the right to use the services of third parties to recover monies owed. Without prejudice to any other remedy available to me, I reserve the right to pass on credit collection fees to you, plus statutory late payment interest.
3.6 I reserve the right to claim a right, equivalent to a lien, over domain names purchased on behalf of You in respect of any debt.
3.7 You agree to pay an administration charge of £50, to restore the Website in the event of its Suspension for non-payment, or £50 to restore the website after a prior cancellation request.
4.1 In accordance with The Consumer Protection (Distance Selling) Regulations 2000 You have the right cancel within a period of 7 days from placing Your order, provided I have not started work on Your Website. Once I have commenced work on Your Website the right to cancel is no longer applicable, in accordance with regulation 13(1)(c) of The Consumer Protection (Distance Selling) Regulations 2000.
4.2 You may give notice of your intention to cancel this agreement at any time without giving any reason. The date upon which this agreement terminates (“Cancellation Date”) is determined solely from the date on which I receive your notice (“Notice Date”). The Cancellation Date is after the date one calendar month after the Notice Date, provided this date satisfies the minimum Term. If this date does not satisfy the minimum Term, the Cancellation Date is the earliest date that satisfies the minimum Term.
4.3 I may cancel this agreement at any time without giving any reason. For the purposes of the following clauses, the “Notice Date” and “Cancellation Date” shall then be the date on which I give notice of my cancellation. Should I cancel this agreement prior to the completion of the design of the Website I will refund to you the amount paid for the design. Should I cancel this agreement following the completion of the design of the Website I will refund to you any payment made.
4.4 The date upon which the Licence terminates (“Termination Date”) is either the Cancellation Date or, at your request, any other date on or after the date of such request and before the Cancellation Date. Should the Termination Date precede the Cancellation Date, all remaining payments will become due on the Termination Date.
4.5 Upon cancellation, I agree to provide a static copy of the Website (“Site Rip”) if requested by you before the Termination Date. Should you request a Site Rip on or after the Termination Date, You will incur an additional administration fee. You accept that any dynamic functionality will not be present in the Site Rip, including but not limited to form, editing, and e-commerce functionality.
4.6 Upon payment of an administration fee of £20 (exclusive of VAT), I agree to transfer control of your domain names to a registrar nominated by you. You accept that I will not renew registration of any domain name after cancellation, and that failure to nominate a registrar will therefore lead to the expiry of domain names concerned. You understand that I will remain responsible for the domain names until their transfer or expiry, after which I have no further responsibly.
4.7 Domain names are registered for a minimum term of 12 months from the date of registration. Should you request that I cancel a domain name or transfer control of a domain to another registrar before the end of the minimum term, Your remaining payments for the domain name will become due immediately.
5.1 I will inform you once the design of the Website has been completed. It is your responsibility to inform me of any errors in the design of the Website. If the design of the Website is not in accordance with this agreement for any reason your sole remedy is limited to me making good any errors or omissions.
6 Improper Use
6.1 The Website, and any other services I provide to you (collectively “Services”) may only be used for lawful purposes. You agree to indemnify me and hold me harmless from any and all claims resulting from unlawful use of the Services.
6.2 I reserve the right to modify or restrict access to the Website, without giving notice, if I have reason to believe that the Website may be in breach of relevant legislation. I will incur no liability in relation to this action, even if the Website is subsequently determined not to be in breach of relevant legislation.
6.3 You may not use, nor permit the use of, the Services for the sending of unsolicited and/or bulk e-mail. I reserve the right to disable e-mail services without notice upon learning of such activity. I reserve the right to seek legal remedy if such activity impacts my ability to provide services to other customers.
7 Exclusions of Liability
7.1 I will incur no liability for any errors in your instructions or the Initial Content not corrected by You. You take full responsibility for ensuring that your instructions and the Initial Content are correct.
7.2. You agree to indemnify Us and hold Us harmless from any and all claims resulting from unlawful actions carried out through Your account.
7.3 The Services are provided without any warranty or condition or representation as to their fitness for any particular purpose.
7.4 I may provide you with an estimated time scale for the design of the Website. Such estimates are strictly advisory and are not guarantees. I will incur no liability for delays in the design of the Website.
7.5 I make no guarantees in relation to the availability of the Website, and will incur no liability if the Website is temporarily unavailable for whatever reason.
7.6 I will incur no liability if any aspect of the Website that is dependent on a third-party service ceases to function to due the actions of that third-party.
7.7 In the event of any breach of contract by me, the remedies available to you are limited to damages. Under no circumstances shall my liability exceed the amount paid.
8 Force Majeure
8.1 I shall not be held liable for failure to perform my obligations under this agreement due to act of God, war, civil war, sabotage, act of terrorism, government sanction, embargo, import regulation, export regulation, labour disputes (including strikes, lockouts, boycotts, or other industrial action), failure in the transportation of equipment, machinery or personnel, failure in the provision of any utility (including power, gas, water, or communication services), or any event or circumstance beyond Our reasonable control.
9 Intellectual Property
9.1 You accept that I own all rights, interest, and title to KR Web Design, including all intellectual property rights. These rights are protected by intellectual property laws both in England and Wales and internationally. You agree not to reproduce, modify, or otherwise create derivative works from the KR Web Design.
9.2 I may license content (“Stock Content”) from third parties (“Stock Suppliers”) for use on Your Website. You understand that such licences prohibit the use of Stock Content outside of Your Website, including but not limited to use in printed matter or on other websites that You may operate now or in the future. You agree not to use Stock Content in a manner that would place me in violation of our contractual agreements with the Stock Suppliers concerned.
9.3 You agree that by submitting content through KR Web Design and making such content available to the public, you grant us a perpetual, non-exclusive, worldwide, royalty-free licence to reproduce, modify, adapt, publish, and distribute such content. You represent and warrant that you have the necessary rights to grant such rights to me.
10.1 You may not assign the benefits of this agreement to any other party.
11 Prior/Other Statement
11.1 No statement, description, information, warranty, or recommendation contained in any of my work, price list, advertisement, or other promotional material or made verbally by me shall operate to vary these conditions.
12.1 I will incur no liability for your failure to receive or read these Terms and Conditions
13 Changes to Terms and Conditions
13.1 I may at any time, and at my sole discretion, modify these Terms, with or without notice. Such modifications will be effective one calendar month from posting. You agree to review these Terms monthly and your continued use of my services following such modifications will indicate your acceptance of these modified Terms. If you do not agree to any modification of these Terms, You must cancel your agreement with me.
14.1 If any provision of these terms and conditions is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the terms and conditions in question shall not be affected and shall remain in full force.