In these terms and conditions KCS, Kingfisher Computer Services, We, Us, Our (regardless of case used) refer to Owen Morris, t/a Kingfisher Computer Services. Our trading address is 2 Kingfisher Close, Farndon, Chester CH3 6RE.
The Client, You, Your (regardless of case used) refer to any client entering into a hosting or design contract with Kingfisher Computer Services.
Web hosting and design services are offered by KCS to it’s clients. Rates for services will be agreed in advance of the service being provided.
By making a deposit or payment for design services, or by confirming your requirements in writing or by email where a deposit is not required, you are agreeing to the terms and conditions as stated.
By agreeing to these terms and conditions your statutory rights are not affected. If any part of these terms and conditions are shown to be in contravention of your statutory rights all other parts will remain in force.
Design and Development Services
Acceptance of new commissions
- KCS reserve the right to refuse to construct a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult orientated material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation, and sites which infringe copyright or are otherwise contrary to UK law.
- The acceptance of a commission shall be deemed as a contractual agreement between the client and KCS.
- On accepting a commission, KCS will proivde an estimated completion date, however while we will do our best to meet this date, it is not guaranteed and no compensation will be due should the date not be met.
Provision of, and rights to, material
- It is the client’s responisibility to ensure that any web site content is lawful and appropriate. This includes, but is not limited to:
- Any content provided by the client (text, images, sounds, video etc) does not infringe on any copyright or other law.
- Content meets any specific trade requirements (eg Advertising Standards, Regulatory bodies)
- The client is responsible for providing all website content in appropriate form for use on the site
- Text: Word document (.doc), Open Document Format (.odt) or plain text files (.txt) can be accepted
- Images: JPEG, GIF, PNG and SVG files can be used, as can high quality prints for scanning.
- Audio: midi, mp3, wav and wma files are acceptable. We can also convert CD audio to mp3, at an additional cost
- All content, except printed images, is to be provided by email, or on a CD
- Any material provided by the client in relation to the production of the web site will remain the client’s property.
- Material, content and code provided by KCS remains the intellectual property of KCS. Once full payment has been received from the client, the client will have a non-exclusive, non-transferable licence to use such material, content and code within their website only.
- Code provided by third parties (eg WordPress core code, plugins) will contain it’s own copyright and licencing details, which the client must adhere to.
- Failure by the client to deliver text or image content in good time may delay production of a website.
- All website designs will include a small text or graphic link to KCS discretely placed as part of the design.
- The client is ultimately responsible for checking the accuracy of site content prior to final publication.
Completion and Transfer of Web sites
- Once the client has made the final payment for their site, KCS will transfer the site to the client’s hosting account.
- If the client is providing their own hosting service:
- The client is responsible for providing FTP access details to their hosting account
- Should any alterations be required for to the site design in order for it to work on the client’s hosting service, these alterations will be charged at our standard rate. (This is unlikely to occur with the majority of websites, but can occur when the provided hosting account does not support specific features used by a site)
- For a small additional fee, the client may request a copy of the site code on CD as well as transfer to their hosting.
- KCS do not guarantee to maintain a backup of sites once completed and transferred. It is the client’s responsibility to ensure adequate backup facitlities are in place.
Cancellation of commissions
- If at any point in the web site development process the client wishes to cancel, they may do so in writing only.
- In such event, no deposit will be refunded, and KCS will issue an invoice proportional to the amoutn of work completed on the commissioned site.
- If the client fails to provided requested content in good time at any point in the development process, KCS may at it’s own discretion consider that the client wishes to cancel the commission as above. Notification will be provided by email at least 14 days before such cancelation will be considered to take effect.
Visits to client premises
- We will visit a client’s premises within a 40 mile radius of our premises free of charge for a no obligation consultation.
- Commissions for design work will allow for one additional meeting to discuss development progress.
- Further visits at the client’s request may be charged at the current HMRC accepted mileage rate.
Hosting and Domain Services
- Hosting services are provided on either a monthly or annual basis
- Domain name registration is provided on an annual basis
- Services will be automatically renewed on their anniversary date unless cancelled in accordance with these terms.
Provision of Hosting
- Hosting services provided by KCS are on an “as is” basis.
- While we endevour to ensure our services are available at all times, no guarantee of availability is made.
- Our hosting provision is not designed for Mission Critical applications.
Use of Hosting
- Hosting services provided may only be used for the hosting of a web site and email services
- Illegal content, or content likely to cause a disruption to the hosting service, is not permitted
- Where illegal content is detected or reported hosting services will be immediately suspended pending investigation by appropriate authorities
- You must not use the hosting account as a form of remote or cloud storage
- The hosting service must not be used to host video or audio streaming services
Domain Name Registration
- KCS will register and manage domain names on behalf of the client
- Domain name regisration is provided on a good-will basis. KCS does not guarantee to secure any given domain name
Cancelation of Services
- Cancelation of services can be made by giving notice in writing a minimum 1 month before your service renewal date.
- Any fees or charges acrued prior to giving notice must be paid in full before your service can be cancelled.
- Breech of any hosting conditions may result in cancelation of your hosting service, with no refund of charges due.
Costs and Payments
- All prices quoted are exclusive of VAT.
- Should KCS be required to register for VAT, it will be added in accordance with the law at the time of registration.
- All invoices are due for payment within 7 days of the invoice date
- Payment is accepted via Bank Transfer, Direct Debit or PayPal only. Payment by cheque is only accepted by prior agreement.
- Late payment of invoices may result in the following actions
- Suspension of the client’s hosting facilities until all outstanding invoices are cleared
- Charges and interest being applied to overdue invoices in accordance with our staturtory rights under the late payment legislation
- KCS reserve the right to change their standard charges at any time, without advance notification. Should our design and development prices change, we will honour commissions, and existing quotations for a period of 14 days from the quotation date, but further commissions will be accepted at the new prices.
- We will not be liable to you for any
- pure economic loss
- loss of profit
- loss of business
- loss of anticipated savings
- loss of goodwill or otherwise
Revised Feb 2017