As a customer of DKstudio these standard terms plus our Acceptable Use Policy form the basis of DKstudio contract with you.
1. STANDARD TERMS AND CONDITIONS
1.1 As a customer of DKstudio these standard terms form the basis of DKstudio contract with you. Our contract with you also includes your application form whether it is submitted by fax, or by internet submission and will be deemed to be the original application. We may amend these standard terms at any time. This will vary our contract with you. When we do this we will notify you via e-mail of the amended standard terms. The amendments we make will apply seven days after we send you the details of these amendments. We may interpret your ongoing use of our services after that date as constituting your acceptance of the amendments.
In this contract we use the terms "DKstudio", "we", "our", "the Company" and "us" to refer to DKstudio and "you" and "your" to refer to the customer. Headings in this contract do not affect their interpretation.
2. OUR COMMITMENT OF SERVICE TO YOU
2.1 We aim to provide you with consistently reliable and good quality service. We do not guarantee that the service we provide will be perfect. When access to your services are disrupted we will do our best to reinstate the service to you as soon as we can.
Support is available via e-mail, and any enquiries should be directed to firstname.lastname@example.org
The service we supply to you will be supplied to you in whatever way we think is appropriate. We can choose the carriers used to provide our services and we can change the carriers at our discretion.
3. YOUR GENERAL RESPONSIBILITIES
3.1 You agree that you will:
(a) Pay for all goods and services to you.
(b) Pay each bill by the due date for payment set out in it. If you do not we may charge you interest at a rate we specify and which is equivalent to our bank overdraft interest rate plus 6% per annum on the overdue amount from the due date until payment of the relevant amount and we may also recover from you all legal and related collection costs incurred by us arising from the collection of any amount which you owe to us and which you do not pay to us then due.
(c) If you have a genuine dispute in relation to amounts we have charged you, pay the undisputed charges and notify us immediately you become aware of any disputed charges. If you do so you must give us full details of the reason you are disputing the charges and you must give us evidence of the grounds for your dispute. We will look into the issue and you will comply with our good faith decision on the issues.
(d) Ensure that all of the information you give us is correct and complete.
(e) Comply with any legal requirements concerning the use of our services.
(f) Comply with any requirements of any other carrier in relation to the use of its network.
(g) Make sure everyone you are responsible for also meets these responsibilities.
(h) agree that, whether or not the account you have created is used, all charges incurred between the activation of your account, and the suspension or disconnection of your account will be met by you, including those charges set out in clause 3.1 b
3.2 We may at our discretion request a credit report from a third party. By accepting these Terms and Conditions, you authorise us to use the information supplied for credit checking purposes only.
3.3 We reserve the right to impose a credit limit on your account at any time. You agree that the credit limit imposed by us may be altered at our discretion with effect from the date we notify you of such change. You also agree that if at any time you exceed our credit limit we will be entitled to suspend the provision of our service to you. All costs and expenses of or incurred by us as a result of such suspension and any re-commencement shall by payable by you upon demand.
3.4 We reserve the right to refuse service to any person or entity who applies to use our service. Reasons for refusal may include but is not limited to unfavourable credit rating, notification of bankruptcy, liquidation, business closure, criminal or unfair trading practices.
4. SUSPENSION OR DISCONNECTION
4.1 If you do not meet any one or more of your responsibilities under this contract we may suspend or disconnect you from our network. We may also discontinue any other services we provide to you. In that situation we may also terminate our contract with you. These forms of action may be enforced by us without prior notice.
4.2 We may also suspend or disconnect you from our network if a carrier supplying services to us suspends or interrupts its service to us and that suspension or interruption affects our ability to provide our services to you.
4.3 We may also suspend or restrict a service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
4.4 If you are suspended or disconnected from our network for failing to meet any of your responsibilities under this contract you may have to pay a re-commencement fee before you can use our services again.
4.5 Usually normal charges will continue to apply during your suspension or disconnection from our network.
5. COMPENSATION AND LIABILITY
5.1 If our service fails to operate for any reason and you use a service provided by another carrier, we will not be responsible for that carrier’s service charges.
We also exclude all other liability we may have to you for acts or omissions by us, our directors, employees, agents, representatives and contractors. This includes both direct and indirect losses, including loss of profits, loss of revenue and loss of any opportunity.
To the extent permitted by law none of the persons referred to in the preceding paragraph are liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by these standard terms.
This exclusion of liability applies whether or not our contract with you has ended and regardless of the type of damage you suffer or howsoever it was caused.
6. LIMITATION OF LIABILITY
6.1 To the extent permitted by law if, despite the provisions contained in the previous section, we or any other carrier is liable to you for any breach of these standard terms, or for breach of any other obligation that might be owed to you, our liability shall be limited, at our discretion, to any one or more of the following:
(a) If the breach relates to the provision of services:
(i) supplying of the relevant services again; or
(ii) payment of the cost of having the relevant services supplied again; and
(b) If the breach relates to goods:
(i) replacement of the relevant goods or supply of equivalent goods;
(ii) repair of the relevant goods;
(iii) payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
(iv) payment of the cost of having the relevant goods repaired.
8. CUSTOMER INFORMATION
8.1 You agree, for the purposes of this contract and the performance of our obligations to you, that we may collect information about you. The information we collect about you may be obtained from you and others. We may obtain information about you when the services offered to you are used, either by you or anyone else.
8.2 You may decide not to provide any information sought from you. If you do not provide it then we may not be able to provide our services to you.
8.3 We may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business.
8.4 You may obtain access to, and correct, any information held by us under the Privacy Act 1993.
9. OTHER TERMS
9.1 We provide free technical support to development clients on their Website for a period of 12 months following completion of the Website, any content updates are a paid service. We then offer a Helping Hands service should clients wish for us to provide ongoing maintenance of their Website. Clients are responsible for the updating of their Web Applications with the latest features and security patches, unless we are contracted to do this. We are not responsible for any issues arising from outdated Web Applications or third party integrated applications after the 12 month period.
9.2 You are responsible for the update and secure storage of all passwords for your Client Account login, cPanel login and Email login. You are advised to use strong passwords with a mixture of upper and lower case letters, numbers and special characters. There is a Lost Password Reset procedure for these services.
9.3 Other terms may apply to some of the services provided by us to you. We will tell you about the terms that apply in those circumstances.
10. INVOICES AND NOTICES
10.1 We will deliver our invoices and any other notices to the most recent address you have given us. We may assume that any such invoice or notice has been delivered five days after we have posted it. Please ensure that you inform us when you change your address.
10.2 It is essential that if you change address or move premises, you must inform us of this event in writing to enable us to ensure that there is no interruption in our supply of service to you. If you do not inform us of this event we will not be able to ensure continued supply of our service to you.
11. ASSIGNMENT AND DELEGATION
11.1 We may assign or transfer our rights and responsibilities under this contract to someone else. We will give you written notice in advance if we intend to do this.
11.2 We may also subcontract the performance of any of our responsibilities under this contract to anyone else.
11.3 You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
12. TERMS SEPARATELY BINDING
12.1 If, for any reason, any provisions of this contract cannot be enforced or relied on be either of us, all other terms of our contract with you remain binding.
13.1 If you do not pay any of the invoices we send to you or you otherwise fail to meet your responsibilities to us we may end our contract with you. Ending the contract between us in this way shall not release you from any outstanding obligations or responsibilities you owe to us.
13.2 If you want to end the contract between us please send an e-mail to email@example.com
If you take out one of yearly packages we expect you to commit for this period of time. Because of your commitment, we offer a discount on the normal monthly price of our accounts. If you cancel your account within your service period then we will not make any refunds on any unused portions of your account. While we do not offer refunds for pro-rated service you have no obligation to continue using our service.
You may cancel your account at any time by following these steps.
- Submit an email to firstname.lastname@example.org clearly indicating which service you want stopped
- Once you cancel at least 7 calendar days before your next billing period, you will not be charged.
- No refunds are provided for cancellation.
You the customer is responsible for all charges on the service account until a written cancellation request is received by standard mail or fax, signed by the Administrative Contact for that account. When paying by Credit or Debit card, your card will automatically be billed the agreed amount on the recurring anniversary unless notice is received in writing to the contrary. You may also modify your billing profile through your control panel and you won't be charged renewal fees.
In the event that DKstudio terminates your account for violation of these terms and conditions you will not be entitled to the return of any fees paid with respect to any such terminated account service.
13.3 If for any reason we delay in exercising our rights that will not mean we have waived or given up our rights.
13.4 All amounts paid to DKstudio for domain name purchases are non-refundable.
On termination of our contract with you, we will cease providing our service to you and all amounts which you owe to us will immediately become due and payable. We shall not be liable to you for any loss or damage suffered, or claimed to have been suffered, by you on or following termination of the supply of our service to you.
14. FORCE MAJEURE
14.1 We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this Agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
15. COMPLIANCE WITH REGULATIONS AND ACCEPTABLE USE
15.1 You shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the services. DKstudio will not be held accountable or liable for any illegal activities as seen by the laws of this country or any international laws.
15.2 The Company may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with DKstudio Terms. The Company may pass on any material or information it finds as a result to the relevant authority if the Company suspects any illegal or offensive activity is involved, and you will have no claim against DKstudio for this.
15.3 DKstudio may also monitor your use of the services at any time with regard to reasonable usage and if it deems your usage is in excess of reasonable, and/or it solely places a strain on the Company resources or services to its existing or perspective clients, the Company reserves the right to request an upgrade of plan, or negotiation outside of its standard plan pricing, terms and conditions.
16. PROHIBITED ACTIVITES
16.1 Email - You acknowledge that the Company may establish certain limits on use of the Service at any time without limitation to any aspect of the service you are provided at no charge. You will be advised of any limits to be placed on you by e-mail to the last known e-mail address as per your account details. Your ongoing use after delivery of this notice to you constitutes your acceptance of this limit and any related charges.
16.2 Server Abuse - Any attempts to undermine or cause harm to the Company is strictly prohibited.
16.3 Advertising - DKstudio servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
16.4 As such, any violation will result in immediate deactivation of services without refund (if applicable).
WEB DEVELOPMENT - TERMS & CONDITIONS
We will always do our best to fulfill your needs and meet your goals, but we believe it’s best to have an agreement so that we both know what’s what, who should do what and what happens if something goes wrong. We do want what’s best for the safety of both parties, now and in the future.
WHAT DO BOTH PARTIES AGREE TO?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out in the signed contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. We will also maintain the confidentiality of any information that you give us.
SOME OF THE FINER DETAILS:
If we are designing your application, we’ll create designs for the look-and-feel, layout and functionality of your website. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at our *standard hourly rate.
HTML and CSS LAYOUT TEMPLATES
If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly and our approach is to look forward, not back. With that in mind we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software.
We do not cater for people using Microsoft Internet Explorer 6 and cannot predict the behaviour of that browser.
We will also test that these templates perform well on Apple’s iPad. We will not test old or abandoned browsers, for example Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at our *standard hourly rate for any necessary additional design work, development and testing. If you have a requirement for a specific browser you must make us aware of this prior to agreement of this contract, so we can assess the possible implications on the project.
We may have written a lot of website content but we’re not responsible for the writing of or contribution of any text copy unless we have specified it in the original estimate. We’ll be happy to help though, and in addition to the estimate we will charge you at our *standard hourly rate.
You will supply us photographs in digital format. If you choose to buy stock photographs, we can suggest vendors of stock photography or we can purchase it on your behalf at our stock photography fees (fees provided on request). Any time we spend searching for appropriate photographs will be charged at our *standard hourly rate.
CHANGES AND REVISIONS
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices outlined in our contract are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We would also ask you to put requests in writing (email) so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
You may already have professional website hosting, or you might manage that hosting in-house. If you don’t manage your own website hosting, or your current hosting environment does not support the solution we are providing, we can either set up an account for you with our own Hosting Service, or you can seek another third-party hosting provider. If using a third party hosting provider, we will charge you a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics (fees provided on request and please note that the site will have been fully tested on our staging server), should there be an issue with the configuration of the third party server, you will need to liaise with your hosting provider to resolve this issue. If you wish us to liaise with them on your behalf then our *standard hourly rate will apply. Once installed on a third party server the updates to, and management of that server, plus any support issues will be up to you, such as technical support for website hosting, email or other services relating to website hosting. We only offer hosting support for our own hosting clients.
Who do I call if something goes wrong with the website or I can’t figure something out?
Provided you subscribe to one of our ongoing Client Care packages, we will be your first point of call should something go wrong with your website. We will determine whether it is something the hosting company needs to fix or something that is covered by your Client Care package. We will provide training and video tutorials to assist you in using your website once it is launched.
What happens after the website is launched?
Once your website is launched, we will provide 30 days of support to make sure any bugs have been ironed out and that you are confident using your new website. After this you will need to subscribe to one of our ongoing Client Care packages to make sure your website is looked after and maintained. These Client Care packages include updating your software, daily backups, security checks, 2 of the packages include development hours and making sure your website is online and open for business 24/7/365. More information on our Client Care packages is available upon request.
We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves, or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project.
We’ll provide you with a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
You also own text content, photographs and other data you provided, unless someone else owns them. We own the markup, CSS and other code and we license it to you for use on only this project. We like to profile our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about web design.