Terms and Conditions
Website Hosting Acceptable Use Policy and Website Development Terms and Conditions
AGREEMENT FOR WEBSITES FOR MKC Web Dev clients
THIS AGREEMENT is for services provided by MKC Web Dev to the Client, and commences on the date the Client accepts these terms and conditions.
SERVICES TO BE PROVIDED
- Paid Monthly Website Packages:
MKC Web Dev offers a variety of packages to suit your business needs. We providee the option for website packages to be paid at an agreed monthly cost, as an ongoing fee for service. Work commences upon payment of the first month & signing of the user agreement. Signing the agreement covers the website design and development, technical support, and labor to complete the project goals. IT also Covers the assistance in setup & payment of domain name and web hosting service.
- Quoted Websites Packages: Quote and 50% Deposit Lump Sum
MKC Web Dev will provide the web design, setup as detailed in its offer to the Client for the Term and for the payment specified in the offer (quote). If the quote is accepted then MKC Web Dev will provide an invoice for 50% deposit. The balance is due on completion of the work.
Additional Services requested above those detailed in the offer will incur additional fees. The fees and time scale for providing Additional Services will be discussed with and approved by the Client before the Work is carried out. The standard cost per hour for additional is quoted on an hourly rate of $77 inc GST.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. In general, you may NOT use your MKC Web Dev designed websites:
- In a manner which violates any law, regulation, treaty or tariff;
- In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
- To threaten, harass, abuse or intimidate others;
- To damage the name or reputation of www.mkcwebdev.com, affiliates and subsidiaries;.
All images or logos that are supplied to MKC Web Dev’s inclusion in the website development MUST STRICTLY be the intellectual property of the client. MKC Web Div will refuse to use any supplied images or artwork that it reasonably believes to be the property of another company, person or organization or the client cannot demonstrate that the image or artwork is their property. If the client supplies content to be added to the website and it is added, but later it is the focus of a intellectual property or copyright dispute, then MKC Web Dev will take no responsibility for supplied content and cite that the client has knowingly signed the terms and conditions agreeing that they were aware of this clause and take full responsibility and cost for any legal actions taken by the copyright holder of the disputed image or artwork.
Website development refers to work undertaken to improve or change the website, editing images, editing content, setting up or changing the design of the website structure, the design of the website and installing or configuration of plugins or components on the website to perform specific functions. Some third party commercial extensions are used in the development of websites, and where one is used for a specific purpose, and requires purchase of a license to use, costs can vary and if the cost is reasonable it will be included in the monthly plan. If the cost of third party plugins is reasonably higher than the monthly plan both the customer and MKC Web Dev have the right to agree on changes to the monthly plan cost to cover this
SEARCH ENGINE OPTIMISATION (SEO)
While we offer SEO services as outlined in the project scope of works. SEO is a process that takes into account a number of external factors such as product, location, content & advertising. Due to these factors MKC Web Dev make no guarantee that your website will rank on page #1 for the given keywords. We will make every effort to help you write your content to gain the best search Engine rankings possible.
SECURITY AND UPDATES OF CMS WEBSITES
The content management system that we offer as the best solution for your business such as WordPress and Joomla. To keep these systems up to date and secure as a mouthy subscriber you will be entitled to these upgrades as part of your monthly fee. This however, is not available for one off customers. We do offer these customers an upgrade only monthly fee.
BILLING/REFUNDS OF WEBSITE HOSTING
Payment for website hosting is due once it is installed, for the term ordered as agreed during the order process.
CHARGES AND PAYMENT – WEB DESIGN AND WEB PROGRAMMING SERVICE
MKC Web Dev will provide the web design and web programming service as specified in the Schedule of Work or agreed Quote or Invoice at the price and at the time stated in the acceptance of the Client’s instructions to proceed with the Work.
- The Client will pay for the Work at the rate specified in the invoice to MKC Web Dev.
- For website quotes, 50% deposit of the total work invoice is expected to commence work for quoted website projects. All quoted projects will be considered finished after a final review by the client and payment of due for the balance of the quote/invoice. MKC WebDev reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
All quotes supplied to new customers will clearly identify the total cost of development. All quotes will also clearly state that if additional work is requested that falls outside of the agreed work MKC Web Dev will not undertake to complete the additional tasks until the customer agrees to the additional cost which will be estimated and quoted at an hourly rate of $60 per hour in writing. No additional work will be undertaken and charged for unless agreed.
LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Websites For Small Business is not responsible for Customer’s files residing on the Network. The Customer is responsible for independent backup of all such data at a site determined by the customer. MKC Web Dev is in no way responsible for any data loss or damage arising from viral infection from the Internet. MKC Web Dev and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, MKC Web Dev’s development services.
For any damage suffered by you, including, but not limited to, loss of data resulting from delays, non- deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via MKC Web Dev is at your sole risk. MKC Web Dev specifically disclaims any responsibility for the accuracy or quality of information obtained through MKC Web Dev. As a user you are warned that some Internet sites accessible via the MKC Web Dev allows posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. MKC Web Dev is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her website especially in the case of potential use or misuse by minor children. MKC Web Dev Websites may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless MKC Web Dev from any claims resulting from your use of the service that damages you or another party. Any access to other networks through the Websites For Small Business Network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. MKC Web Dev and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall MKC Web Dev be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if MKC Web Dev has been informed of the possibility of such damages, or for any claim by any other party.
Uptime guarantees do not include, scheduled or emergency maintenance or network issues.
MKC Web Dev reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Acceptable Use Policy will be posted to this MKC Web Dev page. Customers are encouraged to review the current Terms and Conditions Policy on a regular basis. Customer’s use of MKC Web Dev after such notice shall constitute Customer’s acceptance of such modifications. The Customer understands that our services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. The Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration.