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Terms and conditions

The purpose of these terms and conditions is to set out the basis on which Kaydee Web Ltd undertakes work for the Named client. Work will commence on the signing of these terms of engagement.

THE DEFINITIONS

In this document:

  • The words ‘design project’ may mean visual web design and/or graphic design.
  • The words ‘design period’ may mean the term between the signing of the terms of engagement, thus the start of the project, to finalisation, i.e. when the design project is complete.
  • The words ‘project’ may include programming, database and files and may incorporate ‘design project’.
  • The word ‘updates’ may mean updates, changes, modernisations, upgrades, maintenance, security features or search engine optimisation to a website or social media networks, forums, blogs or directories.
  • The words ‘technical assistance’ may mean training, email setup or technical support.
  • The word ‘media’ may mean graphics, photographs, design, trademarks, PDFs, icons, thumbnails, brochures, videos or artwork.
  • The word ‘extensions’ may mean plugins, themes or extensions.
  • The word ‘content’ may mean text, articles or media supplied by the Named client.

THE PROJECT

  1. Where possible, the Named client will view developments to the design project and finalise any changes before it becomes public.
  2. In rare circumstances, Kaydee Web Ltd reserves the right to charge the Named client for the transfer of a project. Charges occur if there are server complications or discontinuation of services. A transfer of project may involve uploading files and database to a server or compressing files and database to hand over to the client.
  3. Kaydee Web Ltd will work towards specifications defined at the start of the project. Significant deviations in design or functionality may require a revised quote.
  4. Where a deadline isn’t met, Kaydee Web Ltd cannot be held responsible for income loss or harmful exposure. Kaydee Web Ltd will always endeavour to meet deadlines.
  5. Kaydee Web Ltd honours quotes if the Named client does not meet deadlines, unless:
    • Named client changes the website design brief due to a change of heart or design trends.
    • Named client requires additional work outside of the original quote.
    • Kaydee Web Ltd has increased prices during the period.
  6. The Named client should be aware that any changes to the project brief will affect project delivery dates.
  7. When satisfied, the Named client will authorise the project to be made public.
  8. Kaydee Web Ltd does not guarantee that the project will be uninterrupted or error-free over every platform for the entirety of its life because technology changes so rapidly.
  9. The Named client is responsible for providing content and media for the project unless otherwise arranged.
  10. Kaydee Web Ltd asks the Named client to provide content and media promptly. The website may be considered complete, and final payment due if Kaydee Web Ltd has completed the project, but content or media aren’t supplied. Content and media can be added later, but an additional cost may be charged. The scheduling of this work is at the discretion of Kaydee Web Ltd.

    11. SEARCH ENGINE OPTIMISATION

  11. Kaydee Web Ltd undertakes best practices within the Named client’s budget.
  12. Modifications are rarely reflected immediately.
  13. Rank is determined by a vast number of factors, often outside of the power of Kaydee Web Ltd.
  14. The Named client understands that search engine optimisation is an ongoing process; what works today may not work tomorrow.
  15. Performance correlates to Named client’s consistency and their competitors; therefore, results vary.
  16. On editing areas of any website, PageRank often drops before performing, if at all, for key terms.

    17. THE CONTENT

  17. The Named client is responsible for checking the project content and media before the project goes live.
  18. If content or media provided for inclusion is revised or changed after Kaydee Web Ltd has built them into the project, Kaydee Web Ltd reserves the right to charge for additional work.
  19. Where Kaydee Web Ltd assumes the responsibility of an existing project, Kaydee Web Ltd declines all responsibility for usage, ownership and/or copyright of existing content, media or extensions.
  20. The Named client is responsible for the cost of stock media and extensions purchased on their behalf. Regardless of completion of the project or dismissal of services. Kaydee Web notifies the Named client before any purchases.

    21. THE FUTURE

    Items in this section refer to work done after the initial quote.

  21. Unless otherwise arranged, no monthly maintenance fee is charged.
  22. Significant jobs and stages are priced on request. Kaydee Web will send an ‘agreement of work’ by email. Name Client approves the work by simply replying with confirmation.
  23. Minor updates are charged at an hourly rate. Kaydee Web Ltd keeps a timesheet of tasks undertaken; this is available on request.
  24. Kaydee Web has multiple backups of the original project, stages and significant jobs. However, when the Named client updates the project themselves, they must request the backup services of Kaydee Web or take responsibility for backups themselves.
  25. The hourly rate is charged for technical assistance and updates (please ask for the current rate).
  26. There is a minimum charge of 1 hour for technical assistance and/or updates in any calendar month.
  27. Kaydee Web Ltd reserves the right to change the hourly rate at any time. Changes do not affect quotes or agreements of work that are already approved.
  28. Kaydee Web Ltd cannot be held responsible if updates impair the performance or behaviour of the public project. Kaydee Web Ltd reserves the right to charge by the hour to perform necessary solutions.
  29. Kaydee Web Ltd requires a minimum notice of two weeks for minor updates; up to three weeks notice for significant jobs. Depending on the job size and workload, the Named client may wait up to twelve weeks.
  30. An hourly rate is charged for meetings and telephone calls. Client catch-up calls are complimentary.

    31. THE OWNERSHIP

  31. During the project’s lifetime, the Named client will check content and media used. The Named client must own, have written permission or a licence from the rightful owner. If a claim or suit arises from any such problem, the Named client will defend Kaydee Web Ltd and subcontractors in a court of law.
  32. Kaydee Web Ltd is not liable to the Named client for any damage, loss of money or problems that arise when projects or updates are made public. When a claim or suit stems from any such situation, the Named client will defend Kaydee Web Ltd and subcontractors in a court of law.

    33. THE SERVICES

  33. Where Kaydee Web Ltd provides hosting, it is no fault of Kaydee Web Ltd for loss of service, project or content, although Kaydee Web Ltd will strive to resume regular service as soon as possible.
  34. Kaydee Web Ltd is not responsible for maintaining backup copies of the project unless otherwise agreed (point 24).
  35. During any transfer of hosting, domain or email services, Kaydee Web Ltd cannot be held responsible for the downtime of the project or associated services.
  36. When Kaydee Web Ltd provides email accounts or holds email passwords, Kaydee Web has access to Named clients’ email messages. Kaydee Web will access email accounts only to provide technical support.
  37. Late payment for services such as hosting and email accounts will result in a late payment fee (see payment and termination).

    38. CHANGES, PAYMENT AND TERMINATION

  38. Kaydee Web expects payment on receipt of an invoice. With late payment, Kaydee Web reserves the right to:
    • Halt services.
    • Charge a late payment fee of 1% each month overdue.
  39. The first payment must be received before any work will commence.
  40. Kaydee Web reserves the right to refuse to work for the Named client if the Named client becomes uncooperative, disagreeable or unpleasant at any time.
  41. The Named client agrees to provide two months' notice before ceasing or changing the size of an ongoing package and Kaydee Web agrees that changes will be readily accepted.
  42. This contract terminates when:
    • The Named client dismisses Kaydee Web's services, preferably by email, so there is a record.
    • The project ceases to exist.
  43. In the dismissal of services, Kaydee Web Ltd will release all editable files to the Named client if payment is made in full.
  44. Excluding third-party content or media, Kaydee Web assigns copyright, physical assets and intellectual property to the Named client unless a project remains unpaid.

    45. DATA

  45. As per the privacy policy, Kaydee Web Ltd may collect the following data from Named client: name; profession; contact information such as email addresses and telephone numbers; demographic information such as postcode, preferences and interests.
  46. The data may be required by Kaydee Web Ltd to provide the Named client with the best possible service. Data may be used by Kaydee Web for the following reasons:
    • Internal record keeping;
    • Improvement of products/services;
    • Transmission by email of marketing materials that may be of interest to Named client;
    • To make contact for market research purposes.
  47. Kaydee Web Ltd will use technical and organisational measures to safeguard Named clients’ data, for example:
    • A password and a unique username protect access to your account.
    • Kaydee Web Ltd stores data on secure servers.
  48. Kaydee Web holds Named clients’ data on systems for as long as Named client employs Kaydee Web or until Named client requests that the data is deleted. Even if Kaydee Web deletes data, it may persist on backup or archival media for backup, legal, tax or regulatory purposes.
  49. The named client has rights concerning data. Please see the privacy policy.
  50. It is essential that the data Kaydee Web holds about the Named client is accurate and current. Please keep Kaydee Web Ltd informed if your Data changes during the period for which Kaydee Web has it.