- Terms – The Terms of Business as specified in this document
- Client – The individual or Company that is commissioning the Services
- Services – The work provided in relation to the quotation provided by us.
- Quotation – The schedule of work defined and agreed between Kitn and the Client
Unless expressly specified all work is carried out by Kitn on the understanding that the Client has agreed to both these Terms and the submitted Quotation. Acceptance of a Quotation either by agreement in writing, email or verbally is deemed as acceptance of, and agreement to the following Terms.
All work carried out by Kitn is done so on the understanding that the Client has read and agreed to these Terms. The Client indicates their acceptance of these Terms by a signed agreement in writing, confirmation email or paying a deposit for work to be undertaken as outlined in a Quotation.
In doing so the Client authorises Kitn to carry out the Services as agreed and outlined in the quotation. The Client authorises Kitn access to the necessary information, files and intellectual property in order to carry out the requested Services to the agreed completion.
Kitn agrees to perform Services for the Client on the basis of best endeavours and in a professional and timely manner. As part of these terms it agrees not to violate or infringe the rights of any third party or applicable legislation.
The Client represents and warrants to Kitn that it has the power to enter into the agreement with Kitn and that it is solely responsible for any information and content that is added to a website as part of its services. As part of these terms it agrees not to violate or infringe the rights of any third party or applicable legislation.
The Quotation provides the schedule of works agreed between Kitn and the Client. All work undertaken by Kitn will make use of a Quotation, the acceptance of which will constitute an agreement between both parties for the delivery of the specified Services.
4. Web Design
The quotation for our Web Design services provides for complete websites solutions unless otherwise specified. This includes:-
- Website design, including the provision of all software code as required to meet the specified brief
- Ongoing Telephone or email consultation with the Client
- Organic optimisation of website including optimisation of URLS, titles and meta description tags
- Installation and setup of Google analytics with details passed to Client
- Submission of website to major search engines – Google, Yahoo! and Bing
- Creation of XML sitemap
If stated on the quotation Kitn will register a ‘free .co.uk domain’ name on behalf of the Client. In choosing to accept this offer the Client acknowledges that the domain will remain the property of Kitn.co.uk. You may at any time transfer ownership of this domain to another nominated party by providing us with 14 days written notice of your intent. The client acknowledges that requests to change the name servers, point or transfer the domain to an alternative hosting provider will invoke a chargeable release fee.
6. Domain Renewals
We aim to ensure that all domains are renewed in a timely manner, in particular any free domains supplied with our hosting accounts. It is however the responsibility of the Client to ensure that their domain is renewed on time to ensure continuity of service. This includes Clients who have taken advantage of any free domain offer as part of one of our packages.
When a domain goes out of registration for more than 30 days a redemption fee is put upon the domain by our registrar. At this point the domain will have been out of use for a 30 day period. If the domain stops working suddenly it is the responsibility of the Client to contact us within 30 days of it stopping working. Where a domain passes 30 days a redemption fee is levied by our domain registrar. The Client acknowledges that they are responsible for paying the redemption fee if they want their domain renewed for a further year.
7. Web Hosting
The standard web hosting service provided by Kitn provides the following:-
- Setup and configuration for hosting of the named website
- Installation of the website on the web host
- Configuration of the name servers to point at the hosted website
- Configuration of the requested associated emails accounts on the domain
Kitn agree to use all reasons endeavours to select reliable and reputable third party ISP partners for hosting. We shall however not be held liable for any periods of site unavailability or interruption to any site service caused by the hosting provided, equipment, networks or any public network.
Hosting services provided outside of our free hosting offer are charged on a monthly basis in line with our current payment terms.
8. Software Updates
All work provided by Kitn is developed by using the latest industry standards at the time the project is undertaken. Due to the changing nature of web development this however does not guarantee services provided will meet with future standards , software updates or upgrades or industry developments.
Kitn will apply standard issued software updates to keep Services updated in a timely fashion after they are released where possible. If it is decided that significant development is required to maintain operation or compatibility of the Services provided, this will be deemed out of the original scope of works and may attract additional costs to the Client. In this event Kitn will contact the Client to recommended and agree an appropriate course of action.
9. PPC – Pay Per Click Services
If stated on the Quotation Kitn will provide Pay Per Click (PPC) services to the Client. These include but are not limited to Google Adwords, Bing Ads and Facebook Ads. In accepting Kitn to mange campaigns on the Clients behalf, the Client agrees to be bound by Google, Bing and Facebook’s terms and conditions. All Pay Per Click campaigns are undertaken on a ‘best endeavours’ basis. Kitn cannot guarantee the performance of any Clients Pay Per Click campaigns placed under its management.
10 .Schedule Of Works
All works carried out by Kitn are subject to a schedule of works agreed with the client and bound by the Quotation.
11. Out Of Scope Services
Any works requested by the Cover the course of the project that are not identified on the original quotation or specified as part of the service in these terms are deemed ‘out of scope’. These will be agreed and quoted for separately at our hourly rate.
12. Additional Expenses
Any additional expenses arising in the delivery of the agreed Services will be highlighted to the Client immediately. The Client agrees to reimburse KITN for any additional unforeseen expenses or fees that are required to bring the delivery of the agreed Services to conclusion. An example here could include additional costs required to secure a Clients desired domain name or additional requirements for third party software.
13. Payment Terms
All work undertaken by Kitn on behalf of the client is invoiced at 30% of the project value at the point of acceptance of the quotation. The remaining balance is to be paid upon project completion or 28 days following the initial deposit payment, whichever is sooner.
Payment shall be made by BACS transfer or PayPal. Payments by PayPal will incur additional fees to cover the transaction cost (currently 2.5%).
In some circumstances a monthly billing option may be used for payment of services. In this instance the Client agrees to pay each month, in full, by a regular Standing order or PayPal agreement. The Client agrees not to cancel their agreement prior to the stated contractual term (6, 12, 24 months) as agreed on the initial quotation.
If the Client fails to pay then Kitn reserve the right to withhold Services until full cleared payment is made in line with the above terms. In this instance the Client will be given 7 days notice before the withdrawal of services. This does not remove the clients obligation to make full payment. Should debt collection or legal action prove necessary, the Client agrees to pay all fees incurred.
Kitn disclaims any liability for any losses that occur due to lack of service provision arising from non payment.
At any point the Client can terminate their agreement with Kitn subject to 14 days written notice in writing or by email. The Client will not be entitled to a refund for any monies paid and the Services provided will cease immediately. In respect of advanced monthly payments the Client will not be entitled for full or partial refund.
For cancellations concerning Web Hosting or Domain registration, Kitn will agree to release and hand over all website files as delivered under the original Services. Kitn reserve the right to make additional charges for this work.
15. Copy Rights/ Trademarks
The Client assumes responsibility for copyright and or trademark permissions for any material that is incorporated on a website at the clients request. The Client agrees to full indemnity and will absolve Kitn from any claims resulting from the Client not having obtained the required Copyright/ Trademark permissions.
The Client is assigned the rights for all material sourced or produced on behalf of the Client in the finished assembled work once the project has been fully signed off and full payment has been received.
15. Authorship Credit
Unless otherwise specified in the Quotation the Client must include a link on their website establishing authorship credit to Kitn. The link may be removed at any time. Kitn also reserves the right to link to or display or mention the Clients website to promote Kitn unless otherwise agreed.
16. Non Disclosure
Kitn agrees that will it will not at any time disclose any confidential information about its Clients or their business activities to any third party.
17. Limited Liability
The Client agrees that any content and materials that are submitted for publication on a website will not contain material that could be deemed abusive or unethical. This includes but is not limited to nudity, obscenity, pornography, harassing or harmful materials, racism, illegal activity, computer viruses, pirated software, Warez sites, or any material or software that is libellous or infringes privacy. Links to such material is also prohibited under these Terms.
The Client agrees to indemnify and hold harmless Kitn for any claim that results from the Clients publication of material or use of those materials. Accounts that are found to contain such material or links to such materials will be terminated with immediate effect and without notice. A cancellation fee will charged and the appropriate authorities will be notified
The Client hereby agrees that Kitn shall not be held responsible for any direct, indirect or subsequent loss or damage which arise from work undertaken in connection with our Services and provided in the Quotation and these Terms. Liability shall be limited to the total cost of the Services order by the Client from Kitn during the financial year.
Kitn undertake to use all reasonable measures to protect the Clients website and data while providing hosting and administration of the Services for the Client. By accepting this agreement the Client accepts that Kitn is unable to guarantee the absolute security of the Services. It is the responsibility of the Client to notify Kitn immediately if it suspects unauthorised infiltration of its services.
18. Force Majeure
Nether party will be liable for any failure or dealing in performing its obligations under these Terms to the extent that this failure or delay is the result of any cause of circumstance beyond reasonable control of that party. This includes acts of god, war, civil unrest, industrial dispute. If either party is prevented from performing its obligations for a period in excess of 3 months due to Force Majeure then the other party may terminate this Agreement by giving one month’s written notice.
The Client shall indemnify, defend and hold harmless Kitn, it’s employees and agents from all liabilities, claims, expenses and legal fees that arise or result from, but are not limited to:-
- Products or series sold the Client, it’s agents, employees or assigns
- Injury to any person or property as a result of using products or services sold, distributed or connected to Kitn.
- Material or content that is supplied by the Client that infringes on third party Copyright or Intellectual rights
The above Terms and Quotation from the sole agreement between the Client and Kitn. These Terms shall be governed and understood in accordance with English Law. Both parties agree that should any part of these Terms be found illegal or in conflict with any valid controlling law, the validity of the remaining provisions shall not be affected.
Kitn reserves the right to amend any or all of the above Terms, policies, guidelines and disclaimer without notification.
Last Updated September 7th 2015