Terms & Conditions
Definitions:
The Client: The company or individual requesting the services of KeaKreative.
KeaKreative: Primary designer/site owner & employees or affiliates.
General
KeaKreative will carry out work only where an agreement is provided either by email, telephone, mail or fax. KeaKreative will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between KeaKreative and the client, this includes telephone and email agreements.
Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, KeaKreative cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of KeaKreative until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by KeaKreative remain the copyright of KeaKreative and may only be commercially reproduced or resold with the permission of KeaKreative.
KeaKreative cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Once live, the client accepts all legal responsibility for copyrighted materials used on their website.
Any additions to briefs provided will be carried out at the discretion of KeaKreative and where no charge is made by KeaKreative for such additions, KeaKreative accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to KeaKreative all materials required to complete the site to the agreed standard and within the set deadline.
KeaKreative will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
KeaKreative will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
KeaKreative will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
KeaKreative will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any major project before any design work will be carried out. This is non-refundable. For smaller jobs payment is required in full before work is carried out and released.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered.
The Client agrees that KeaKreative will not be liable for any bugs, performance issues, virus, trojan, or malware attacks or failure of their WordPress (and WooCommerce) software as WordPress (and WooCommerce) is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the WordPress (and WooCommerce) Development community via WordPress (and WooCommerce).org. It will be necessary to regularly update WordPress, WooCommerce, and any plugins (and any other software used in the website). Unless a support contract is opted for by the client then updates are NOT the responsibility of the developer. Therefore the developer cannot be held responsible for any faults, bugs, viruses, trojans, malware etc., or problems occurring on the site or with the hosting.
Database, Application and E-Commerce Development
KeaKreative cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by KeaKreative remain the copyright of KeaKreative and may only be commercially reproduced or resold with the permission of KeaKreative.
Where applications or sites are developed on servers not recommended by KeaKreative, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by KeaKreative before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, KeaKreative will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility
KeaKreative will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with Safari and Mozilla web browsers and to an acceptable level with Microsoft Internet Explorer Version 6. KeaKreative can offer no guarantees of correct function with all browser software.
Website Hosting
Whilst KeaKreative recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by KeaKreative 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.
KeaKreative reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.
KeaKreative offer one year free hosting to new clients, for a minimum two year term. The second and subsequent year’s worth of hosting will be charged at our normal rate.
Website Optimisation
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use ‘white hat techniques’ when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
KeaKreative reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the KeaKreative policy that any outstanding accounts for work carried out by KeaKreative or its affiliates are required to be paid in full, no later than 7 days from the date of the invoice unless by prior arrangement with KeaKreative.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or KeaKreative have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj’s) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.