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1. Definitions
1.1 In these Terms and Conditions the following meanings apply:
'we', 'our ', 'us' and 'the Company' mean Korson.us.
'you' and yours' mean the client with whom we make this contract,
including any person reasonably appearing to us to act with that
client's authority.
'commencement date' means the date set out on the quotation .
'pre-contractual statements' includes pre-contractual statements
or agreements, representations, warranties, inducements or promises
whether or not made innocently or negligently.
'domain name' means an Internet address that has been registered
with the central authorities on the Internet on your behalf.
'website', 'site', 'web space' mean the body of work, including
text, images, thumbnails, photos and other media, that we develop
for you and which is published on the Internet against your domain
name.
'host' and 'hosting' mean publishing your website on the Internet
and connecting your name to that site.
'web hit counters' means an Internet connected service that records
the number of approaches made to a site.
'down time' means any time span when any service is unavailable
causing loss of access to the Internet by anyone.
ISP means Internet Service Provider.
'intellectual property rights' means any and all patents, trade
marks, rights in domain names, rights in designs, copyrights and
database rights (whether registered or not and any applications
to register or rights to apply for registration of any of the foregoing)
rights in confidential information and all other intellectual property
rights of a similar or corresponding character which may subsist
now or in the future in any part of the world.
'the price' means the sums to be paid by the you to us in consideration
of the provision of the services.
'the terms of payment' means the terms of payment of the price specified
in the quotation
'the quotation' our written statement to you specifying the charge
for our services.
'the service' means the design, development, supply of a website,
hosting facilities and promotion of the website as specified in
the quotation
'the timetable' means the timetable of the provision of the Services
as modified from time to time in accordance with the terms of this
agreement.
'Labor' means value added tax.
2. Confidentiality and Data transmission
2.1 In the process of completing your work, we will hold
personal information about you. This information is used only
in the course of running our business. We do not make that information
available to third parties, unless required to do so by law.
2.2 Both during this agreement and after its termination,
the parties shall treat as confidential (and shall procure that
its personnel and each of them treat as confidential) and shall
not (and shall procure that their personnel and each of them
does not) other than in the proper performance of this agreement,
use or disclose to any person, firm or company, any confidential
information belonging to the other party or its customers, unless
required to do so by law.
2.3 The provisions of this clause shall survive the termination
of this agreement but the restrictions contained in clause 2.2
shall cease to apply to any information which may come into
the public domain otherwise than through unauthorized disclosure.
2.4 We may collect, hold, control, use and transmit data
obtained from and about you and visitors to the website in the
course of providing the Web Hosting Services and the website.
By accepting the Web Hosting Services agreement you agree to
such data being so used and further agrees that it may be transmitted
to others in accordance with the Data Protection Act 1998.
2.5 If your website collects personal information from
visitors, you must deal with that information ethically and
you are responsible for registering the appropriate details
with the Data Protection Register.
3. Personnel
3.1 We shall ensure that all of our personnel engaged in
the project have the necessary skills, expertise and diligence to
undertake such work and will conform to the professional standards
generally observed in the computer industry for similar services.
3.2 Comply with the provisions in this agreement relating
to confidential information and Data transmission.
4. Intellectual property rights
4.1 By supplying text, materials, logos and pictures
for inclusion on your website you declare that you hold all
the appropriate intellectual property licenses and permissions.
We accept no liability for any errors or omissions in respect
of such permissions. You will indemnify us in respect of these
matters and agree that liability in respect of any errors and
omissions is your sole responsibility.
4.2 You will provide us with all the necessary intellectual
property notices and licenses for use on the site, on request.
4.3 If we use any text, materials logos and pictures
believing it to be free of copyright and royalty, and which
subsequently is found to have limitations as to copyright or
royalty usage, we reserve the right to remove and/or replace
it from the site.
5. Provision of Goods and Services
5.1 In agreeing to the provision of any services by us, you
are deemed to have read and understood these Terms and Conditions
and agree to be bound by the whole of the agreement.
5.2 Written quotations are supplied in good faith and remain
valid for 30 days from the date of quotation. The quotation forms
part of this agreement.
5.3 The quotation is supplied on the basis of best prices
for software, hardware and services at the time of quotation and
it may vary from time to time.
5.4 Quotations must be confirmed to you in writing in order
to be valid. We require confirmation from you that you agree with
the quote provided in writing together with the terms and conditions
before the order is accepted by us.
5.5 We reserve the right of accepting or rejecting the order,
however we will communicate our decision in writing within reasonable
time.
5.6 Prices on contracts may rise from time to time. We reserve
the right to annually review our prices in the contract of services.
In June of each year we will review our charges and you will be
notified of any changes, by notice in writing, which will take effect
by 1st July of each year.
6. Production of Websites
6.1 On receipt of your order and suitable material for
the production of your website, a draft website will usually
be provided within ten days. Once a final draft has been agreed
we endeavor to complete the site within a further ten days.
6.2 These time periods are subject to available time,
taking account of other scheduled work. Time estimates should
be discussed at the time of order. We accept no liability should
the agreed period be exceeded for any reason.
6.3 When placing an order for a website you will provide
us with ideas of the layout as you may require. If no layout
is provided by you, we will produce a draft website to our specification.
6.4 Once you are in receipt of the first draft, you will
provide details of any changes of layout and design to be taken
into consideration for incorporation in the final design within
10 days from the delivery of the draft website. These agreed
alterations will then be applied to the design so far as practicable.
6.5 Any further alterations to the layout whether of
a major change or a series of smaller changes may result in
further charges and we reserve the right to make any such charges
as we deem to be appropriate.
6.6 We will not include in your website any text, images
or other data that we feel to be immoral, offensive, obscene
or illegal. All advertising material must conform to standards
laid down by all relevant advertising standards authorities.
We reserve the right to refuse to include submitted material
without giving reason.
6.7 E-commerce
6.7.1 Upon request we can provide your website with
e-commerce facilities by designing the catalogue, which is used
as the operative shopping cart within the shopping facility.
6.7.2 It is our obligation to provide within the shopping
service back up facility for the products and categories. FTP
is also provided to enable you to back up images and thumbnails
used.
6.7.3 It is your responsibility to back up products and
categories as well as category descriptions within your website shopping facility. Category descriptions must be cut and
pasted by hand from the site. It is your responsibility to have
back up of these images.
6.7.4 We accept no liability for loss of data, downtime
or loss of income resulting from deletion of products, categories
or failure of the system and you will indemnify us against such
an event.
6.8 E-commerce facilities provided rely upon the third
parties for online transactions. We have no control over the
operation of these third parties whether it is in respect of
their operating procedure, terms and conditions or faults and
failures or loss of system.
6.9 We will not be liable for any loss of orders/income
or perceived as a result of one of these third parties downtime,
operating procedure or ceasing to function.
6.10 If at any the third parties cease to operate these
facilities, which will cause problems in the use of our system.
In such an event, we will use our best endeavors to produce
and/or offer an alternative.
7. Provision of web hosting facilities
7.1 You represent, undertake and warrant to us that you
will use the website allocated to you only for lawful purposes.
You will not upload, post, link to or transmit any material,
which is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable
in any way.
7.2 We reserve the right to remove any material which
we deem inappropriate from your website without notice to you.
7.3 In the event that you experience any difficulties
collecting e-mail, we will use our best endeavors to rectify
and resolve the situation.
7.4 We have no control over the operation of the third
party. We make no representation and give no warranty as to
the accuracy or quality of information received by any person
via the server and we shall have no liability for any loss or
damage to any data stored on the server.
7.5 If we find that the web hosting service has fallen
below our required standards we may take action to move your
site or sites to a new hosting facility. Any change of host
will be carried out with the minimum of disruption possible.
7.6 If we deem this to be necessary, we will inform you
of any alteration of charges, before taking action.
7.7 In the event that you do not accept such alteration
of charges, then you may move your site to a third party host
of your choice. In this event, we will make files available
to you but will not carry out the change unless contracted to
do so (charges may apply and this is at our discretion).
8. Registering Domain names
8.1 When we register a domain on your behalf, you will be
noted as the owner. Any such registration will be carried out upon
request by you and are within the terms as set out in these Terms
and Conditions.
8.2 We will use our company as the contact for administrative
of the domain name in the event that we take over the hosting and
registration or where you require us to register the domain name.
8.3 If we fail to register a domain name before another hosting
company group or individual we will not be liable for any costs
or charges in relation to purchase of this domain name from a third
party.
8.4 Any quoted charges either written or verbal for the purchase
and renewal may change without notice if the registration or hosting
company change the charges.
8.5 We make every effort to renew domain names but should
a domain name not be renewed for any reason, we accept no liability
for any resulting loss.
9. Search Engine Optimization Terms
9.1 We use our expertise and further advices to apply
our perception of best practice in order to raise the profile
of your site within the search engines.
9.2 By accepting the Optimization agreement you give
us permission to access your website and alter pages as necessary
in order to 'optimization' the site for the purpose of the search
engines.
9.3 If you or your in house web developers alter the
site in any way, you must notify us of this beforehand in writing,
to prevent the removal or alteration of Optimization that has
been carried out on the site or pages therein.
9.4 You shall indemnify us and keep us indemnified and
hold us harmless from and against any breach by you of these
terms and conditions.
9.5 We cannot guarantee that your site will be indexed
by a particular search engine or directory. We do not guarantee
that your site will be ranked in the top ten sites.
9.6 We are unable to correlate the time between promotional
work and site visitors and make no guarantees in respect of
the same. We are unable to guarantee the number of visitors
to any site and make no guarantee in respect of the same.
9.7 We offer no guarantee as to the visitor response
to the site and any subsequent turn around into orders or other
response. It is your responsibilities to keep yourself informed
and monitor the number of visitors to your site and the quality
of the visitors.
9.8 Under these terms and conditions time will not be
the essence of this contract and we accept no responsibility
for time critical projects.
9.9 If you promote the website by using other parties
or websites of the same design without our written authorization,
not to be unreasonably withheld, it will constitute a breach
of this agreement.
9.10 Your failure to request written authorization from
us to promote the website using other parties, such as third
party promotion company, individual or method will amount to
a material breach of the agreement.
9.11 Clause 9.9 includes registration of the site or
duplicate site with search engines, web directory or shopping
sites, link exchanges or other website registration or Optimization
or addition of site pages for the purpose of site promotion,
unless otherwise agreed in writing.
9.12 Should we elect to terminate the contract, our initial
set up and any costs accrued will still be due.
9.13 Where any site is found to be a duplicate or similar,
through no fault of your own, it may be necessary to significantly
alter the content of the site in order to gain ranking and/
or avoid being de-listed or blocked from any search engine.
The costs of such alteration will be met by you and you will
aid us in provision of other original material and text as appropriate.
9.14 We accept no liability for any consequence arising
from the blocking, de-listing or similar by any search engine
or directory due to duplication (or similar) of the site.
10. Telephone support
10.1 We offer free telephone technical support from one year
from the date of purchase via incoming calls on our standard landline
number 01279 303878 for installation, website or site promotion
problems or questions.
10.2 This free support is limited to a maximum of 1 hour
per week, which expires if unused. It applies to problems and questions
relating to warranty matters only.
11. Charges
11.1 Charges for the services and goods to be provided are
as per the written quotation, which is part of this agreement.
11.2 If you wish to use an alternative ISP to the ISP configured
on your site, we will provide a quotation for any reconfiguration
work necessary.
11.3 All rights remain the property of The Internet Web
Firm until settlement of all outstanding invoices with regard
to the work. If invoices remain outstanding this will amount
to a material breach of the contract.
11.4 It is hereby agreed between the parties that where we
withdrawn our services pursuant to clause 11.3 hereof, we reserve
the right to remove pages that we have supplied from the site subject
to two weeks notice. We shall not be liable for any loss of profit
or income you may incur.
11.5 Payment will remain due regardless of whether pages
have been removed due to late payment.
11.6 You will not be entitled to reinstate any page removed
by us pursuant to clause 11.3, unless you pay the outstanding invoice
and pay installation charge of $75 + Labor, payable before reinstallation.
11.7 Our standard rate of charge for on site installation
is $100 plus Labor for the first hour and $45 plus Labor
thereafter with a maximum of $450 plus Labor for an 8 hour day.
Any work carried out beyond 8 hours will be charged at an hourly
rate of $45 plus Labor.
11.8 If an on site call out is required under the terms of
the warranty, we reserve the right to try to resolve the matter
by telephone conference in which we will offer assessment of the
cause and potential solution.
11.9 If you request on site call out under the terms of the
warranty and it is discovered to be a non-warranty issue, charges
will apply as set out in paragraph 11.7 of these Terms and Conditions
for the period of time in attendance.
11.10 Non warranty issues include but are not limited to
alteration of functionality by physical alteration of the equipment,
upgrades, installation of software not supplied at the time of configuration,
viruses, user error and user reconfiguration.
11.11 We will not accept responsibility for any third party
charges whatsoever in respect of reconfiguration. set up or alteration
of any equipment of any software, website or service.
11.12 It is your responsibility to monitor and make payment
for telephone connection to the Internet for single user and the
networks connection to the ISP.
11.13 Where reconfiguration. of Network proxy software is
necessary, after the initial set up of individual stations or servers
and or Internet access devises, charges will apply as set out in
paragraph 11 of these Terms and Conditions.
12. Payment terms
12.1 Unless otherwise stated in the quote, payment for
hardware is by check with the order or on delivery. For all
other items payment is strictly due within thirty days of the
date of the invoice.
12.2 website set up charges are payable in 2 installments
and in accordance with the charge quoted. The first payment
is due on production of the draft site. The balance is due within
thirty days upon completion of the site. Completion includes
all agreed alterations and corrections.
12.3 Final alterations to the draft website must be
notified to us within 10 working days of production of the draft
site in order that completion of the site can take place. This
will be within ten working days of receipt of the notice. If
no notice of alteration is received the balance will become
due in accordance with the invoice for the balance. This will
be strictly payable within 30 days as set out in paragraph 12.2
whether any alterations are required or not.
12.4 Website Promotion set up charge in accordance with
the charge quoted is payable within 30 of the date of the invoice.
An additional charge of 9 pence plus Labor per visitor is payable
on a monthly basis on account. Invoices will only be issued
once charges have reached a minimum sum of $10. Visitors numbers
are monitored using a third party counter. You will accept that
the visitor numbers provided by any such provider that we use
give an accurate reflection of the visitor numbers as shown
on the meter.
12.5 If payment is not received in accordance with the
terms and conditions, we reserve the right to charge interest
at the rate of 8% (eight per cent) per month, compound.
12.6 If website or promotion work has been carried out
and payment is overdue, we reserve the right to take any action
necessary to recover the sum due. This reserved right applies
whether or not the resource has been removed from public display.
13. Termination
13.1 We shall be entitled to suspend the Services and/or
terminate this agreement forthwith without notice to you if
you fail to pay any sums due to us as they fall due or you breach
any of these terms and conditions.
13.1.1 All charges accrued are payable until the end
of the notice period.
13.2 Hosting facility and domain name
13.2.1 We can terminate the hosting facility contract
by giving you one-month notice before hosting is due for renewal.
13.2.2 You may terminate the hosting facility contract
by giving one month notice before hosting is due for renewal.
13.2.3 Only the person who is the authorized owner of
the domain name may cancel the renewal process or request transfer.
We require a minimum of 3 months notice before the renewal date
is due to expire.
13.3 Termination of the Promotion Contract
13.3.1 A promotion contract can be terminated by us by
giving one months notice in writing.
13.3.2 A promotion contract can be terminated by you
by giving one months notice in writing.
13.3.3 Where the contract is less than 6 months from
the date of commencement and we have decided to terminate the
contract, we will refund any set up charge in full.
13.3.4 On termination of the contract, we will remove
all alterations, extra pages and web addresses that we may have
added as part of the promotion. We will return your site to
the same condition that it was before the promotion was commenced.
13.3.5 On termination of the promotion contract we will
have irrevocable right to access any sites promoted in order
to remove Optimization.
13.3.6 After removal of Optimization you shall not implement
it back by using our methods, unless we agree in writing authorizing
you to retain Optimization at a cost of $75 + Labor per optimization
page on your website.
14. Free Services within Websites Provided
14.1 We make use of several free services. Included in these
are web hit counters, search facilities and E-commerce secure servers.
If, at any stage, any of the free service providers used by us become
a 'pay for' service. You will be given written notice.
14.2 You will be required to confirm whether you wish to
be transferred to an alternative free service (subject to availability)
or to pay for the service in accordance with the terms of the service
provider.
14.3 In the alternative you can instruct us to have the service
removed from your website.
15. Entire Agreement
15.1 You acknowledge that you have been told that if
there is any pre-contractual statement(s), which you consider
has have induced you to enter into this agreement you are obliged
to submit particulars of them to us so that any misconceptions
or misunderstanding can be resolved. You having been given the
opportunity to provide us with particulars of such pre-contractual
statements, which you consider to have been made which so induced
you to enter into this agreement, shall be deemed not to have
relied upon any pre-contractual statements made or given or
purportedly given to you.
15.2 This agreement therefore contains the entire agreement
between the parties and accordingly no pre-contractual statements
shall add to or vary this agreement or be of any force or effect
and unless such pre-contractual statement is either contained
in this agreement or annex to it, you waive any rights you may
have to sue for damages and/or rescind this agreement.
15.3 Nothing in this document shall be construed as creating
any agency, partnership or other form of joint venture between
the parties.
15.4 This Agreement supersedes all prior agreements,
arrangements and undertakings between the parties and constitute
the entire agreement between the parties relating to the subject
matter of this agreement and can only be modified or waived
by a subsequent written agreement signed by both parties. The
parties confirm that they have not entered into this agreement
on the basis of any representation that is not expressly incorporated
into this agreement.
15.5 No addition to or variation of these Terms and Conditions
will bind the parties, unless it is specifically agreed in writing
and signed by a director of the Company.
15.6 Only the Director of the Company has the authority
to alter or vary these Terms and Conditions in any way.
15.7 The parties confirm their intent to not to confer
any rights on any third parties by virtue of this agreement
and accordingly the Contracts (Rights of Third Parties) Act
1999 shall not apply to this agreement.
16. Liability
16.1.1 We have no control over the operation of the third
parties whether it is in respect of their operating procedures,
terms and conditions or faults failures or loss of systems.
We therefore accept no liability for any problems losses arising
from any such matters, whatever the cause.
16.2 Links and variations on key words used by visitors
to search engines are outside our control and we accept no responsibility
for their use and the effect of their use.
16.3 You will indemnify us against any loss or expenses
sustained by us by reason of breach of this contract and any
actions, proceedings, claims or demands in any way connected
with contract brought on or threatened against us by a third
party, which are caused by or arise from any action we carried
out pursuant to your instructions.
16.4 All conditions, terms, representations and warranties
relating to the service supplied under this agreement, whether
imposed by statute or operation of law or otherwise, that are
not expressly stated in these terms and conditions including,
without limitation, the implied warranty of satisfactory quality
and fitness for the purpose are hereby excluded to the extent
applicable under USA law.
16.5 Our entire liability to you in respect of any breach
of our contractual obligations, any breach of warranty, any
representation, statement or tortuous act or omission including
negligence arising under or in connection with this agreement
shall, except in respect of personal injury, be limited to the
charges paid by you in respect of the Services which are the
subject of any such claim.
17. Notices
17.1 All notice under this agreement shall be in writing.
17.2 Notices shall be deemed to have been duly given by either
party when sent to an e-mail address or fax number provided by the
parties for the purpose.
18. Non-Waiver
18.1 Failure by us to enforce a contractual provision to
which you are subject shall not affect our right to require such
performance at any subsequent time.
19. We do not accept liability for any
breach of this contract if the breach was caused by an act of
God, insurrection or civil disorder, war or military operations,
terrorism, national or local emergency, acts of government,
highway authority. Our compliance with any statutory obligation,
industrial disputes of any kind (whether or not involving employees
of The Interent Web Firm), flood. Fire lighting, explosion,
subsidence, weather of exceptional severity, acts or omission
of persons for whom The Internet Web Firm is not responsible
(including other telecommunication service providers), or any
other cause that is outside our control.
20. Law
20.1 The applicable law of this agreement is English Law.
20.2 The parties submit to the exclusive jurisdiction of
the English Courts.
20.3 If any terms or any part of the Terms and Conditions
are found to be invalid under English Law than all other terms and
any part of the term that are not invalid shall remain in force.
21. Severability
21.1 If any term or provision or any part of this Agreement
shall be declared or become unenforceable invalid or illegal for
any reason whatsoever the other terms and provisions of this agreement
shall remain in full force and effect
Agreement of terms and conditions:
If you are about to order a product or services from us, please
confirm that you have read and agree to the terms and conditions,
and then submit this form