Terms and Conditions for use of the Kiswebs Ltd website
Last Revision: 10th August 2016
For the purposes of these Terms & Condition any references to “we”, “us”, “our”, “Kiswebs”, “our company”, “our business” shall mean Kiswebs Limited.
For the purposes of these Terms & Condition any references to “you”, “your”, “the Client”, “our client”, shall mean the client or potential client or site visitor using this website or the services of Kiswebs Limited.
Acceptance of terms
- You agree that you shall not use our website for illegal purposes.
- You agree to respect all applicable laws and regulations.
- You agree not to replicate the content of our website without prior written agreement from us.
- You agree not to in any way modify our website without prior written agreement from us.
- You agree not to in any way compromise the performance of our website.
- You agree not to in any way compromise the security of our website.
- You agree not to access or attempt to access secured areas of our website.
- You agree not to access or attempt to access any information that is stored on our website and deemed by us as being sensitive information.
- You agree to be fully responsible for any claim, expense, liability, losses, costs, legal fees, and any other associated costs incurred by us arising from any infringement of the terms and conditions set out in this agreement.
Limitation of liability
Kiswebs makes every endeavour to ensure that you, our client’s project is free of errors. We cannot accept responsibility for any losses arising due to malfunction of the work carried out or any part of it. Under no circumstance shall we be liable for indirect, special, or consequential damages including any loss of business, loss of profits or revenue, or loss of data in relation to your use of our website, or the services we provide.
We shall not be liable for any losses arising out of a Force Majeure Event.
We shall not be liable or become involved in any disputes between you and your clients or your providers of products and services, and we shall not be held responsible for any wrong doing on the part of you, the client.
By providing us with any website content such as; photos, logos, text, videos, or any other form of data or content provided by you, for the purpose of us providing you with products or services, you indemnify us against the misuse or perceived misuse of this content. To be clear, you must only provide information to us that you have full rights to use.
Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of Kiswebs Ltd, its employees or agents.
Kiswebs will carry out work only where an agreement is reached between Kiswebs and the client. This can be provided by email, telephone or mail.
All intellectual property of Kiswebs Ltd such as; trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the functionality or aesthetics of this website, remain the property of Kiswebs Ltd.
By using this website you agree to respect the intellectual property rights of Kiswebs Ltd.
Kiswebs accept no responsibility from the actions you take based on the information provided on this website. We do not give advice on this website and we state clearly that the information provided is on an as is basis. There are no warranties expressed or implied relating to the accuracy of our content, its fitness for purpose, or the security of any or all components of our website.
We do not guarantee uninterrupted availability of this website and do not represent that using the Website will be error free.
Links to external websites
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
We endevour to make sure your website works across the most up to date version of the 4 main browsers as of time of project development. For clarity we refer to the following browsers; Internet Explorer, Chrome, Firefox, Safari. We can offer no guarantees of correct functionality across ALL browsers and browser versions. If your website requires updates as a result of a browser version being updated there shall be a fee for this service.
There may be occasions when people browse your website on older or newer versions of browsers and experience difficulties with certain aspects of your website. We strive to future proof your website as much as possible and also look to comply with previous recent versions of these browsers.
Hand held device functionality
We aim to provide correctly functioning responsive websites for mobile devices. However with so many variations, including use of browsers and screen resolutions, we cannot guarantee 100 accuracy across all devices. That said we shall endevour to fix any issues that may be identified at the time of website launch. If issues are identified after website launch this may be down to external factors such as new browser versions and different resolutions being used. In these circumstances we shall investigate the issue and additional fees may be due from you.
Please note that your website may have functionality stripped from it or not available on certain mobile devices.
Kiswebs provides a hosting service and does not guarantee the availability or non-interruption of this service. We 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.
We shall make every endeavour to ensure maximum uptime of your host server and fix any issue that arise, and fix the issues within a timely manner.
We reserve the right to terminate any website hosted on our servers for any reason, including, but not limited to, websites that may be offensive, illegal or controversial in any way.
Kiswebs liability in relation to any event or series of related events will not exceed the total amount paid by the client, and shall not exceed £5,000, whichever is least.
Payment for work
Kiswebs require a 25% or 50% deposit, depending on project value, before we commence your project. Additional staged payments shall be agreed including final payment once project is complete. We reserve the right to ask for full payment before starting your project.
It is our policy that any outstanding accounts for work carried out by us or our affiliates is required to be paid in full, no later than fourteen (14) days from the date of the invoice unless by prior arrangement with us.
Through third party providers we may monitor client credit statuses and reports on their credit status and their payment behaviours.
If payment is not made by you for the full amount that has been invoiced within fourteen (14) days of invoice issue and you have not contacted us, and we have not acknowledged your contact, regarding the delay, late payment will incur daily interest charged at The Royal Bank of Scotland base rate + eight percent (8%) in accordance with The Late Payment of Commercial Debts (Interest) Act 1998.
Non-payment may result in suspension of hosting and email services if these services are provided by us, and may incur a reconnection fee of £70 for suspended accounts.
If you, the client, experiences a problem with the service provided by Kiswebs you should contact us immediately by emailing us on firstname.lastname@example.org providing clear and concise information regarding your complaint. We shall determine to contact you regarding this matter within 2 working days.
Cancelation of services
If you cancel the project during the course of the project, you will be responsible for the amount of work we have already completed. This may mean you receive a refund or are due to pay additional fees depending on when the project is cancelled. We must receive any cancelation request in writing and evidence of us receiving this cancellation request must be obtained by you for cancellation to take affect.
Refusal of service
We reserve the right to decline to do business with any existing client or potential client for any reason.
Changes to terms of service
We reserve the right to change these terms of service at any time for any reason, and without notice. Your use of the Website will be deemed as acceptance of this agreement. We advise our website users to regularly check the Terms and Conditions of this agreement.