KITC - Terms / Agreement / Policy / Conditions

Terms / Agreement / Policy / Conditions

PART 1 of 2

It will be your responsibility to provide our designers with all the information they need to complete your project. This includes login information, copy, text, pictures, etc.
At the request of the client, a Client Garage will be provided. You will be required to sign in to view your billing and work-in-progress in order to clear up any problems early in the design process.
Large projects and maintenance will be billed once a month to the credit card on file.
Invoices are payable upon receipt.
On smaller projects (less than $5,000.00), a 50% non-refundable retainer will be required.
PayPal is our preferred method of payment. If paying by cheque, an additional $35.00 admin fee per cheque will be added to your invoice!
If your credit card is rejected, your work will be removed from the Internet.
You MUST establish ONE point of contact! This is the only person from your company that will work directly with a Web designer. This is very important. Having more than one POC can lead to confusion and extra development time!
You will be notified by E-mail when an update is completed.
We prefer E-mail communication in order to have a hard copy of design/work discussions. We realize that this may not always be appropriate and will schedule phone conversations as needed. You can always call in an emergency situation. Please review our Email Communications Guide (pdf) document.
When you send us E-mail, please use the subject field WISELY! Please indicate the topic of the E-mail with the subject line. DON’T LEAVE THIS BLANK.
You will be billed hourly for phone correspondences after the first hour. We are consultants and our time is valuable - just like yours. E-mail correspondence is free, as it relates to your current project. If requesting technical/computer support outside the scope of your current project, the client will be billed at the normal hourly rate.
Please don't use double-talk in E-mails - this doesn't mean anything to our designers. Use proper English when describing your situation and be as detailed as possible. Refer to pages by their URL (e.g..: http://kitc.ca/contracts.html). Proper communication is essential and will save YOU time and money.
For hourly priced work and maintenance you will be billed by the minute with a 15 minute minimum.
If work is added to the original signed proposal, development time & associated costs will increase.
You are responsible for your content, copy, and text. You can hire our copywriter if needed.
Update requests will generally be completed within 2 working days - however, in most cases, work will be completed within hours of receiving the client's request. Special circumstances may cause production to fall outside of these timeframes, but will be agreed upon through email between the client and the designer as to avoid any misunderstandings.
We are not typists. Please send ALL of your content in such a manner that we can cut and paste it into your Web page. You can do this by directly typing into an E-mail or sending a .txt file as an attachment. Doing this speeds up the design process and eliminates typos and mistakes. Please see the How to Send Content to My Designer (pdf) guide.
KITC designers are available by E-mail 24 hours a day and via phone by appointment from 10am-4pm. We can of course schedule a time outside of this range if needed and you can ALWAYS call if there is an emergency.
KITC business hours are: 10:00 AM to 4:00 PM Monday - Friday. KITC staff will not be available during provincial and statutory holidays.
If you are not timely in correspondence or delivering materials, this will cause your project to be delayed, as we take on new clients daily.

Don't understand? CONTACT US!

PART 2 of 2

kiNETic Internet & Technology Center (otherwise referred to as: KITC) - Terms and Conditions

(Please ensure that you read and understand these conditions.)

Contract: The client’s approval for work to commence shall be deemed a contractual agreement between the client and KITC. Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts the terms and conditions outlined in this document.
KITC Intellectual Copyright: KITC will hold intellectual copyright of any material, including any source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.
Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by KITC in the construction of the website may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. KITC recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge once all outstanding monies owing are paid in full.
Search Engine Promotion: KITC is not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed upon. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimize your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
IMPORTANT! Failure to Provide Required Website Content: We are a small business. To remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. Also, if your job involves Search Engine Optimization we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
1. If you agree to provide us with the required information and subsequently fail to do within four weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a .txt document (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Conceptualizing: Conceptualizing is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below $2500.00 CND) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred color scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
Travel Time and Expenses: Traveling time to and from customer premises is not generally included in our estimate. KITC reserve the right to make a charge for traveling time at our normal consultancy rates. Likewise KITC reserve the right to charge for traveling expenses based on $1.00 per kilometer. (NOTE: There will be no charges for traveling time or expenses incurred before you give your approval for work to commence.)
Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
Advance Payment: An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
Payment Terms: PayPal in Canadian Dollars is our preferred method of payment unless otherwise agreed. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of $100.00.
Credit Card Payments: Credit card payments can also be accepted via our PayPal electronic invoice system. The client is responsible to cover the applicable PayPal fees.
Payment: Payment of any balance will be due upon receipt of invoice. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of $100.00 will be required to have the site restored.
Late Payment: Accounts that have not been settled within 3 days of our final reminder will incur a late payment charge of 10% of the amount outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
Future Support: The website is provided to and accepted by the client as a fully functioning, completed work. KITC is not responsible for future support. This support can normally be provided upon request and for an agreed fee. No guarantee of future support is given unless an ongoing support package is negotiated.
Future Site Problems: Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website, and KITC will endeavor to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
Compliance with E-commerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.
Design Credit: A link to kiNETic Internet & Technology Center will appear in either small type or by a small graphic at the bottom of the Customer's Web site. If a graphic is used, it will be designed to fit in with the overall site design.
Webmaster Contract - Special Circumstance: On occasion kiNETic Internet & Technology Center may offer a reduced rate on website design work when retained as sole webmaster for the site. No less than a one year term for webmaster services must be agreed upon in order to qualify for this reduced rate and a minimum charge of $100.00/month will be charged for maintenance, upgrades, monitoring, statistical analysis, etc.; this is in addition to any additional billable work ordered by the client to update the website. Should webmaster services be terminated before the end of the contract year, a buyout fee equal to the amount of the initial quote will be payable immediately.
Monthly Webmaster Fees: Invoices will be emailed monthly (generally on the last day of each month unless a different date is requested by client). These monthly fees are payable upon receipt of invoice.

Notes:
Should KITC waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit KITC to waive the same clause on any other occasion.

By agreeing to these terms and conditions your statutory rights are not affected.

KITC reserves the right to change or modify any of these terms or conditions at any time.

Should clarification of any of the above be required please contact our Business Manager, Sandra.

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