Yes, we know its boring but this is the important stuff to make sure everyone's happy.
1.1 In this document Korokor Web Design is referred to as 'kor-web' and its clients are referred to as "the client".
1.2 kor-web reserves the right to amend or vary any of its Terms and Conditions at any time and without notice.
1.3 Additional Terms and Conditions may be applicable where kor-web supplies products and services on behalf of third parties.
1.4 By ordering or using any of kor-web's products or services including a kor-web website the client is deemed to have accepted these Terms and Conditions whether or not the client has been provided with a copy.
1.5 On or before commencement of work the client shall be provided with a copy of the Terms and Conditions and asked to sign a statement confirming receipt of the Terms and Conditions of kor-web.
1.6 All quotes for products or services are valid for a maximum of 30 days.
1.7 kor-web reserves the right to vary prices published in the standard price list without notice.
1.8 kor-web will provide 14 days notice to the client of any planned price increases to currently provided products.
1.9 Technical support shall be provided for current hosting and design clients where they have been included in the sale agreement.
1.10 Any technical support requested that is not included in the sale agreement shall be charged at the current hourly rate.
1.11 kor-web shall not be held liable for any loss of turnover, sales, revenue, profits or indirect, consequential or special loss or damage caused by the use, misuse or any unavailability of any of its products or services.
1.12 The client undertakes not to participate in any form of un-solicited bulk e-mailing, spam or any other similar unacceptable activity associated with any products or services provided by kor-web.
1.13 The client undertakes that their website is for acceptable use but kor-web reserves the right to suspend the web site immediately in the event of a breach or suspected breach by the client.
1.14 kor-web personnel may configure the client's computer at the request of the client so that products and services from kor-web may be made available. kor-web does not accept any responsibility for the loss of any data or programs as a result.
1.15 kor-web does not accept any responsibility for the effect that programs supplied by kor-web or downloaded from the internet by the client upon the recommendation of kor-web may have on the computers of the client.
2.1 Domain name registration fees are non-refundable once the order has been placed.
2.2 If one of kor-web's annual support packages are purchased the client is expected to commit for this period of time. If the client cancels the account within the service period then kor-web will not make any refunds for any unused portions of the package.
2.3 If the client does not wish to renew a hosting account kor-web must be contacted 14 days before the renewal date stating that the client wishes to cancel their virtual server account. Advance invoices are sent 14 days before all renewal dates.
2.4 Hosting and support fees must be paid for in full and in advance and no fees can be refunded once the order has been placed.
3.1 Where kor-web registers a domain name on behalf of the client; kor-web does not guarantee that any particular requested domain name will be available until confirmation has been received from the naming authority.
3.2 In purchasing domain names on behalf of the client, kor-web are acting solely as the client's agent and accepts no responsibility for the continuance or otherwise of that registered domain name.
3.3 kor-web provides no warranty that the domain name requested by the client will not infringe the rights of any third party and the client will indemnify kor-web in respect of any such infringements.
3.4 The client shall be responsible for all renewal fees relating to any domain names purchased on their behalf by kor-web, whether charged direct by the naming authority or by kor-web.
3.5 By registering a domain name through kor-web within the .uk Top Level Domain (a "Domain Name"), the client enters into a contract of registration with Nominet UK whose terms and conditions can be found on their web site at: http://www.nic.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html
3.6 By registering any other domain name (i.e. not a .uk Top Level Domain) through kor-web the client enters into a contract of registration with the registration authority relevant to that domain name and their terms and conditions will apply.
3.7 It is the responsibility of the client to ensure that registrant details are kept updated. In the event of a dispute the relevant naming authority for the type of domain held should be contacted and provided with full details of the complaint.
4.1 The client will be responsible for the content of web pages including obtaining the legal permission for any material included on the pages and ensuring that the contents of these pages do not violate UK or international law.
4.2 The client will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via the client's website page(s).
4.3 kor-web reserves the right to remove without notice from the client's website pages material deemed to be inappropriate.
4.4 At the bottom of each page of the client's web site will be placed the words "Designed, created, hosted and maintained by kor-web" or similar will be shown and a link to the kor-web web site will be active.
4.5 All text content, photographs and images supplied by the client are the copyright of the client. The layout of the website, the code generated to create the site and any images created by kor-web remain the copyright of kor-web. It is the responsibility of the client to ensure that permission of the copyright owner is sought for the use of any third party text, photographs or images supplied to kor-web for use in the construction of any website.
4.6 Unless specifically requested all design work, whether finished or in progress, will be uploaded to the client's server space. Work can however be proofed on kor-web's server space before final uploading to the client's own server space.
4.7 In the event of a dispute regarding the design of the website or withheld or late payment kor-web reserves the right to withhold or withdraw all web pages and image files until such dispute is resolved.
4.8 kor-web will not undertake work involving the design of any web site promoting or selling products or services that are illegal in the United Kingdom.
4.9 Where the client has undertaken to modify the website direct the client will be wholly responsible for the material added to the website including ensuring that no UK or international laws or copyrights are infringed and all necessary permissions are obtained.
4.10 The client will indemnify kor-web for any claims made against kor-web arising from the content of the client's website whether added to the website by the client or by kor-web.
5.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
5.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
5.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that.
5.4 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
5.5 You will not post, link to or transmit any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way; any material containing a virus or other hostile computer program; any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
5.6 You will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
5.7 You will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
5.8 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host warez or illegal MP3 content.
5.9 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
5.10 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
5.11 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
5.12 In the case of an individual User, you warrant that you are at least 16 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 16 years.
5.13 Any access to other networks connected to www.kor-web.com must comply with the rules appropriate for those other networks.
5.14 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
5.15 We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
5.16 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
5.17 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
6.1 kor-web does not offer any type of credit on any of its range of products or services.
6.2 If the client's account/service is activated before payment is made then payment must be sent in full by return on receipt of kor-web's invoice.
6.3 If payment is not made in full within 14 days from the date of an invoice all technical support and/or professional services will cease until payment is received and cleared.
6.4 If payment is not made in full within 30 days of the date of an invoice date the client's account may be deactivated and the website deleted.
6.5 kor-web reserves the right to charge an administration fee where an account is cancelled and then reactivated.
7.1 A deposit of 50% of the total sum payable including vat is to be paid before work can commence.
7.2 The balance of 50% of the creation fee will be payable 30 days from the commencement of the project, or on acceptance of the completed website by the client, whichever is the sooner.
7.3 The creation fee will be payable in full as in 7.2 above even if further material to complete the project is awaited from the client.
7.4 The hosting and support charges will commence 30 days from the commencement of the project, or on acceptance of the completed website by the client, whichever is the sooner.
7.5 The annual support programme prices include web site hosting, annual search engine submission, and reasonable website updates by kor-web.
7.6 kor-web reserve the right to increase the annual support programme charges on the renewal date by the approximate rate of annual inflation in the UK and/or to account for any additional services provided to the client.
7.7 If during the course of a design project additional work should become necessary kor-web will notify the client of any additional cost involved. Any additional costs may be payable before work can proceed further.
7.8 If the client delays commencement of work for more than 30 days from payment of the deposit kor-web reserves the right to make a surcharge to cover additional time and price increases since the original quote.
7.9 kor-web reserves the right to levy extra charges if additional unexpected time is expended on the creation of the site, or loading of the site onto the internet, due to circumstances beyond our control or due to working with material created and/or provided by a third party.
8.1 kor-web reserves the right to supply client information as a result of a lawful request by police or government authorities that require the information as part of a legal enquiry.
8.2 The client may be contacted periodically by kor-web to announce any additions or changes to kor-web's products and services. The client may also be contacted as part of kor-web's ongoing support activities.
9.1 The client may terminate an initial contract within 14 days of the date of signature and will in that event receive a refund of any deposit paid less a 10% administration fee.
9.2 In the unlikely event that kor-web become unable to continue supporting the client's web site, the client should contact the hosting company TSO Hosting and request that the control of the domain name be transferred to the host provider of another website developer.
9.3 These terms and conditions do not affect the statutory rights of the client.
©2012 kor-web
