Creative Web Design Agency in London
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Terms & Conditions
KayRo Studio is a brand of KayRo Solutions. These Conditions set out the terms under which KayRo Studio will provide Services to the Client. Agreement to any quote or proposal provided by KayRo Studio acknowledges acceptance of the terms laid out on this page.
The "Buyer" means the person, firm, company, organisation or individual with whom the Contract is made.
The "Contract" means the Contract between KayRo Studio and the "Buyer" for the sale of the "Design Services," "Client Support" and the "ISP Services" of which these terms and conditions are part. All written / oral statements and representations are superseded by "The Contract", unless inclusions or exclusions of terms contained herein are specifically varied by KayRo Studio in writing.
"Design Services" means Identity Design, Web Design and Site Promotion services.
"ISP Services" means Web Hosting, E-mail Accounts and Connection Accounts.
"Client Support" means support services.
02. Acceptance of Order and expiry date
The "Buyer" by placing an order for the Service, confirms their acceptance of "The Contract" and agrees to be bound by "The Contract".
No binding Contract shall be created by the acceptance on the part of the "Buyer" of a quotation or offer made by KayRo Studio until notice of the acceptance of the order in writing shall have been given by KayRo Studio.
KayRo Studio reserves the right to accept or reject any order offered by the "Buyer".
03. The Contract and its acceptance
KayRo Studio is entitled to update "The Contract" and the "Buyer" by placing an order for the Service agrees to be bound by any "Contract" revisions after their implementation date. KayRo Studio commits to communicate such changes 7 days prior to implementation. The "Buyer" is responsible for reviewing regularly the terms.
"The Contract" shall always prevail in the event of conflicts between the Contract and any other document.
Prior to commencement of "Design Services", KayRo Studio requires a signed hardcopy order from the "Buyer" and a deposit of 50% of the total project cost.
KayRo Studio will make every effort to ensure "ISP Services" commence within 24 hours from receipt a signed hardcopy order from the "Buyer".
All "Design Services" prices quoted by KayRo Studio are based on site content agreed at time of order.
After receipt of the "Buyers" signed purchase order, KayRo Studio reserves the right to revise the original quotation where alterations to content or specifications are made by the "Buyer" and not covered by the "Buyers" original signed purchase order.
All prices quoted by KayRo Studio are inclusive of VAT.
While the "Buyer's" "Design Services" is in development by KayRo Studio, KayRo Studio commits to make available at all times all work in progress.
The "Buyer" agrees to use this facility for review purposes only. All services, development, design and material, graphic or otherwise, supplied or generated by KayRo Studio remain KayRo Studio's copyright until the final invoices have been paid in full by the "Buyer".
On completion of the "Buyer's" "Design Services", the "Buyer" will be required by KayRo Studio to sign and return a project completion approval form.
On receipt of full payment of final invoices, KayRo Studio will upload the "Buyer's" website to the agreed Domain hosting location. At this time the Website's title and ownership will transfer to the Buyer. For Identity Design Services, ownership will transfer to the Buyer on delivery.
KayRo Studio reserves copyright on all materials and designs and forbids the "Buyer" to pass such materials and designs to a third party or associated business without first seeking KayRo Studio permission and agreement.
Any third party copyright materials used by KayRo Studio on behalf of the "Buyer" cannot be used by the "Buyer" without first seeking the third parties permission or agreement.
If the "Buyer" supplies KayRo Studio with text, photography, artwork, animation's, brochures, information or material of any kind, KayRo Studio will not at any time be responsible whatsoever in regard to copyright, errors or omission's faults or subsequent damages. This also includes that supplied by software, discs or electronic transfers if supplied by the "Buyer" to KayRo for publishing to the Internet.
The "Buyer" must indemnify KayRo Studio against third parties suffering subsequent faults and damages caused to hardware, software programs, or such damages as loss of production and earnings, due to materials supplied by the "Buyer" for use by KayRo Studio.
KayRo Studio will not be held responsible for establishing 'Rights of Usage' on any materials supplied by the "Buyer".
On receipt of the Buyer's signed purchase order and 50% deposit, the project is deemed started. After this point cancellation by the "Buyer", would result in the "Buyer's" 50% deposit becoming non-refundable.
On receipt of cancellation, If it is deemed by KayRo Studio that more than 50% of the project has been completed, the "Buyer" agrees to pay KayRo Studio the difference between the deposit and the completed work.
KayRo Studio reserves the right to cease "Design Services", suspend "ISP Services" or remove the "Buyer's" web site from view, if at such time there is dispute or delay over an agreed payment.
Before commencement of any Design Services, KayRo Studio requires in their possession from the "Buyer" 50% of all "Design Services" and associated "ISP Services" costs. The 50% is paid as a deposit of services and is non refunadable.
Before the "Buyer's" completed Website can be published to the Internet, KayRo Studio will require from the "Buyer" the receipt of the remaining amount of all Website and Associated "ISP Services" costs.
KayRo Studio supplies and offers Domain Name Registration in all good faith and advises the "Buyer" that KayRo Studio will not be held responsible for any claims, damages, penalties and expenses arising from any third party allegations that the registered Domain Name infringes any rights owned by such third parties.
It is the responsibility of the Buyer to be familiar with the relevant data protection and privacy laws and recognises that the "Supplier" has no control or influence over e-mail content processed by the "ISP Service." The "Buyer" shall hold KayRo Studio harmless from and indemnify KayRo Studio against any claims by any party relating thereto.
KayRo Studio shall be under no liability for any loss or damage (whether direct, indirect, incidental or consequential) howsoever arising, which may be suffered by the "Buyer" in relation to "Design Services" and "ISP Services" beyond the equivalent of one months charge to the "Buyer".
Nothing in this Contract shall affect the liability of KayRo Studio for death or personal injury caused by its negligence.
If any exclusion, disclaimer or other provision contained in this Contract is held to be invalid for any reason by a court of competent jurisdiction and KayRo Studio becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence) or otherwise, will not exceed the total charges paid by the Buyer in the 12 months preceding such liability arising.
KayRo Studio will make every effort to ensure the "Buyer's" site is submitted to the agreed Search Engines but will not be held responsible for poor ranking or non appearance.
The "Buyer" agrees to allow KayRo Studio to submit a small and discreet advertisement at the bottom of all web site pages.
© 2012