KAR integrated sales & marketing
Terms & Conditions of Trade
The following terms and conditions apply to all website design & build services and all other services provided by ‘KAR integrated sales & marketing’ that is referred to as ‘KARism’.
These Terms and Conditions supersede all previous representations, understandings or agreements.
Please read these terms and conditions carefully as any purchase or use of our services implies that you have read and accepted our terms and conditions.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote with payment then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Charges & Payment Terms
The charges for services to be provided by KARism will be defined in a quotation letter or e-mail that the Client receives via e-mail. Quotations are valid for a period of 30 days and KARism reserves the right to alter or decline the quotation after expiry of the 30 day period.
Unless agreed otherwise with the Client, all website design services require an advance payment of seventy five percent of the project quotation total, the work is scheduled in to the next available time slot as appropriate. Once the work is completed as detailed in the quote then the balance becomes due.
Some work might require full payment or a deposit before commencing and any additional expenses incurred during the schedule of work for all Clients will be agreed with the Client in writing and need to be paid for in accordance with these payment terms.
On-going work requested by the client outside of a quotation is charged at an hourly rate of £25 per hour billed at ¼ hour intervals and invoiced at the end of each month that the work has been completed in.
Payment is defined as cleared funds in KARism’s bank account and we do not charge VAT.
All work completed by KARism remains the property of KARism until full payment is received from the Client.
Client agrees to reimburse KARism for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, graphics etc.
Invoices are sent via e-mail and are due upon receipt. Payment for services can be made by bank transfer, cheque, debit card, credit card or cash.
For bank transfers KARism’s bank details will be made available with invoices, cheques should be made payable to ‘KAR integrated sales & marketing’ and debit and credit card payments are made through PayPal. Clients do not have to have a PayPal account to use this service but there will be a processing fee of 4% added to the invoice total that is payable by the Client.
KARism will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies KARism within seven days of the date the materials are made available to the Client.
Timings and Content Control
Upon KARism receiving initial payment for a project KARism will schedule in the next available appropriate time for the project and, working with the Client, will install and publicly post or supply the Client’s website as soon as possible, or at date agreed with Client, unless a delay is specifically requested by the Client and agreed by KARism.
During the project, KARism will require the Client to provide website content; text, images, movies and sound files. KARism will work with the Client with a view to completing the project in a timely basis.
Unless otherwise agreed or specified in the project then all content will be supplied by the Client electronically and delivered by e-mail.
Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
Photographs, images and other graphics need to be supplied in either .gif, .jpeg, .png, .ai or .psd format.
Although every reasonable attempt shall be made by KARism to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
KARism treat all Clients files and details in the strictest confidence and in line with Data protection principles.
KARism makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Internet Explorer, Safari, etc.). The Client agrees that KARism cannot guarantee correct functionality with all browser software across different operating systems.
KARism cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, KARism reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
A link to KARism will appear in small type at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in KARism’s portfolio.
The Client retains the copyright to data, files, images and graphic logos provided by the Client, and grants KARism the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting KARism permission and rights for use of the same and agrees to indemnify and hold harmless KARism from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to KARism that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Domain name registration, hosting and dedicated e-mail management
KARism works with quality companies that provide these services. To have control of these items improves the quality of service we can provide our Clients and our charges to the Client are for administrating these services on behalf of the Client. We are not accountable for the actions of any of the companies we use and therefore cannot be held responsible for any consequential loss for any on the service they provide. The Client is bound by the specific company’s terms and conditions, all of which is available upon request.
Doman Name Registration
KARism will ensure that your domain names are registered with the correct country code registrar, your data details are validated and registration fees are up to date.
KARism will ensure that your website files are hosted and can be viewed with the minimum of downtime and that all charges are paid for.
KARism will set up dedicated email address(s) in line with the Clients domain name with any prefixes the Client would like. There are so many different email programmes and email systems that are used these days, KARism cannot be responsible for your ability to view your emails on your device. We can however provide some or all of the following methods for Clients to obtain their dedicated e-mails; POP3 or IMAP details, a redirection of your dedicated e-mail address to another e-mail address of your choice and we can supply the website address and login details to view e-mails in an open source webmail portal.
Content management System (CMS)
If a Client opts for a Contact management System on the whole or some of their website pages then the Client can update the website content themselves. KARism will set this up within the Clients website files and supply the website address and login details to get to access the CMS account.
KARism use a third party company for this to reduce any maintenance issues and for ease of use for the Client. They do offer enhanced services that the Client can take advantage of themselves and any such extra costs need to be paid for directly by the Client. We are not accountable for the actions or any change of service from this third party company and therefore cannot be held responsible for any consequential loss for any of the services they provide. The Client is bound by the specific company’s terms and conditions, all of which are available upon request.
KARism will apply its skill and knowledge to the Clients website files in an attempt to get the site ranking as high as possible for free, organic rankings from google searches. This is not an exact or guaranteed service as there are many factors involved, even Google state that a new domain and new website can take weeks, even months to appear in their search engines and that any rank is not guaranteed. Goole and Google searches are always changing, so ranking results achieved cannot be maintained unless regularly reviewed.
KARism will apply its skill and knowledge to utilise their Google AdWords account with a view to getting the Clients website to appear as high as possible in Google searches. The rankings will be achieved according to the Clients budget and agreed search term parameters.
If the Client’s website is to be installed on a server not serviced by KARism, then KARism must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations by any third parties
KARism cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to, additions, modifications or deletions.
All KARism services may be used for lawful purposes only. You agree to indemnify and hold KARism harmless from any claims resulting from your use of our service that damages you or any other party.
Termination of services by the Client must be requested in writing and will be effective on receipt of such notice. The Client will be invoiced for all time and costs accumulated at the time of cancellation and the time it takes to administer the termination process for any service completed to the date of first notice of cancellation for payment in full within thirty (30) days.
KARism hereby excludes itself, its Employees and or Agents and third party businesses from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
- Loss or damage caused by any third party companies in respect of domain name registration, hosting down time, e-mails not working
- Loss or damage caused by any outside identities hacking into servers, website files, emails etc.
The entire liability of KARism to the Client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of these terms & conditions becoming invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
This Agreement shall be governed by English Law.