The CLIENT authorises KitS Web Creations to perform the services outlined in this section on the CLIENTS’ behalf, which may include, but is not limited to, accessing their hosting account and disk space, and submitting the project to search engines.
- Agreement Scope and Period
Services supplied, costs and rates are limited to what is specifically set forth in this document. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after this period. We will provide 6 month free updates and services after that we will charges for new updates on the system. And We will provide 1 year free maintenance for the system bugs.
- Costs and Fees
Changes and additions outside of the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, printing, photography, colour printouts, laminating, illustrations, shipping and handling or courier service. Expenses are itemized on each invoice.
- Production Schedules
Production schedules will be established and adhered to by both the CLIENT and KitS Web Creations. Where production schedules are not adhered to by the CLIENT. Additional costs may be charged for CLIENT delays, if the delays result in an increase in time to manage or deliver the services.
5.1 The CLIENT agrees to pay KitS Web Creations in accordance with the terms specified in each proposal/estimate. The CLIENT will be required to pay 30% of the project cost before commencement of work. Unless otherwise specified, all subsequent balances due are payable upon completion of key stages of the project.
5.2 If the CLIENT fails to pay any invoice, KitS Web Creations reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. KitS Web Creations will charge a late payment fee of 5% per month on the outstanding amount. The CLIENT is responsible for any debt collection fees which may come due.
5.3 In the event of cancellation of the project prior to completion, the CLIENT must pay KitS Web Creations a fee for work completed, based on the contract price and the expenses already incurred.
KitS Web Creations will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT. And we are not responsible for any issues in CLIENT businesses.
KitS Web Creations reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.
KitS Web Creations is confident that the CLIENT’s expectations will be exceeded and as such is notifying the CLIENT that KitS Web Creations reserves the right to use the CLIENT’s website, associated graphics and any unused ideas and development in the promotion of our company services. The CLIENT agrees to allow KitS Web Creations to retain a credit and link from the footer of the website.
The CLIENT is responsible for all trademark, service mark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials KitS Web Creations uses for this project. The CLIENT indemnifies KitS Web Creations against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.
- Project Copyright
10.1 After acceptance of the website and payment of all sums due by the CLIENT, KitS Web Creations agrees to assign perpetual and unrestricted copyright to use any materials produced by KitS Web Creations as outlined in this agreement to the CLIENT including exclusive usage rights to unique graphics.
10.2 KitS Web Creations reserves all rights over working and source files. The CLIENT does not have the right to resell, reuse or re-purpose any design or content supplied as part of this agreement unless specified.
10.3 KitS Web Creations reserves all rights to licence (open source) and release all software code including website templates developed under this agreement.
- Force Majeure
KitS Web Creations shall not be deemed in breach of this Agreement if KitS Web Creations is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, act of God, death, illness or incapacity of KitS Web Creations or any local, state, federal, national or international law, governmental order or regulation or any other event beyond KitS Web Creations control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event KitS Web Creations shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of the CLIENT, KitS Web Creations shall have the right to bill pro rata for work completed through to the date of that request, while reserving all rights under this Agreement.
If additional payment is due, this shall be payable within fourteen days of the CLIENT’s written notification to stop work. In the event of termination, the CLIENT shall also pay any expenses incurred by KitS Web Creations and KitS Web Creations shall own all rights to the work. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.
- Domain Names
13.1 All domain names are legally owned by the CLIENT. All domain name registrations are subject to availability and registration rules. The CLIENT manages their domain(s) and payment of fees unless the CLIENT requests in writing that KitS Web Creations manage the domain name(s) on behalf of the CLIENT. KitS Web Creations will invoice the CLIENT when fees are due.
13.2 The CLIENT indemnifies KitS Web Creations against any loss or damage arising directly or indirectly from any failure of services provided by the REGISTRAR.
The CLIENT is responsible for contacting the chosen host for support relating to hosting matters. KitS Web Creations will charge for costs incurred liaising with the hosting company and supporting the CLIENT with hosting related issues.