IMPORTANT-READ CAREFULLY: By placing an order with Kosoku, you confirm that you are in agreement with and bound by the terms and conditions below.
If you have any questions before placing an order, please call us on Tel: Mob: 07849848450
From 9.00am to 5.00pm, Monday to Friday.
Definitions:
The Client: The company or individual requesting the services of Kosoku.
Kosoku: The graphic design, website design and development service provider.
GENERAL
Kosoku will carry out work only where an agreement (work order) is provided in writing, either by Skype, email, or mail. Kosoku will carry out work only for clients who are 16 years of age or above. A ‘work order’ is deemed to be a written contract between Kosoku and the client. The central document that defines a project is the ‘Project Proposal’. It contains the brief, project scope, content, deliverables, technical details, work schedule, budget, payment schedule.
PLEASE READ YOUR AGREED PROJECT SCHEDULE CAREFULLY BEFORE YOU AGREE TO IT.
GRAPHIC & WEBSITE DESIGN
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Kosoku cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, artwork, graphics, pdf’s, videos, audios and any programming code remain the property of Kosoku until all outstanding accounts are paid in full.
Any artwork, graphics, design drafts, work in progress, scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Kosoku remain the copyright of Kosoku and may only be commercially reproduced or resold with the written permission of Kosoku.
Kosoku cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of Kosoku. Where no charge is made by Kosoku for such additions (goodwill), Kosoku accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
DELAY IN SUPPLYING CONTENT by the Client
If during the development, the client does not supply the content required in order to complete the Project within the scheduled timeframe, as documented in the Project Proposal, Kosoku may invoice the full amount quoted. If the content is supplied later than agreed in the Project Proposal, there may be additional costs incurred by the Client due to the overrun of the Project, as delays and the associated disruptions, admin time etc. have an impact on scheduling Kosoku’s business as a whole and servicing our other clients.
FAILURE TO SUPPLY CONTENT by the Client
Where a client has failed to provide the necessary material, information or content within the agreed timeframe in the Project Proposal, Kosoku is not responsible for late delivery of the project or any part thereof. The timescale for delivery of content is defined within the ‘Costs & Schedule Overview‘ of Kosoku’s standard Project Proposal and is agreed with the client in the early stages of the project.
Where possible, Kosoku will accommodate reasonable delays, but reserve the right to impose a surcharge of up to 25% of the total cost of the Project in order to do so. Kosoku also reserves the right to deliver a project as ‘completed’ if the client cannot supply their content, in which case the final invoice will be issued and is then due in full.
CONTENT SUPPLIED BY THE CLIENT (Licensing)
The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Kosoku for inclusion on the website above are owned by the client, or that the client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Kosoku and its subcontractors from any liability or suit arising from the use of such elements.
DELIVERY AND PAYMENT SCHEDULE
For maintenance work, website content development, and modular development, where the total amount billable is less than £100, full payment is required to confirm the order and carry out the work.
A deposit of 50% is required with all larger Projects before any work will be carried out.
With regards to ARTWORK AND GRAPHIC DESIGN, full payment is due once the DESIGN IS ACCEPTED BY THE CLIENT.With regards to WEBSITE DESIGN & DEVELOPMENT, full payment is due once the underlying structure and architecture is set up and ready. This is irrespective of whether or not the website has been uploaded to a production server, or is available to launch in the public domain. Kosoku shall not be expected to wait for any items that are the client’s responsibility before payment is due.
Once a design or website has been completed, the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the design or website, as they have contracted the work, they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
Kosoku will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Kosoku will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.
Kosoku will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Kosoku will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
UNFORESEEN AND ADDITIONAL COSTS AND EXPENSES
The transfer of domain names to another server can sometimes become a complex and time-consuming matter. All administrative fees to third parties and the time taken to organise the transfer will be charged to the client irrespective of any quoted amount set out in the quotation with its specifications.
Additional costs incurred in the provision of: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection provided by third parties are non-refundable.
Additional features to websites, including extra database services, specific hosting requirements, additions that are not included in the quotation are subject to a surcharge. In the event, a feature is required which has not been included in the Project Proposal Kosoku will give notice to the Client prior to implementation and seek acceptance of the extra cost. The cost will be added to the final invoice unless the amount exceeds £500 in which case an interim 50% will be invoiced before implementation and the remainder will be added to the final invoice.
SUB-CONTRACTING
If necessary Kosoku reserves the right, and the client hereby agrees, to allow the use of sub-contractors or agents to work on any aspect of the project, website or other services. This is particularly so in the case of SEO consulting provided by Kosoku.
DATABASE, APPLICATION AND E-COMMERCE DEVELOPMENT
Kosoku cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, CGI applications or software (unless specifically agreed) written by Kosoku remain the copyright of Kosoku and may only be commercially reproduced or resold with the written permission of Kosoku.
Where applications or sites are developed on servers not recommended by Kosoku, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Kosoku before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Kosoku will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the Project Proposal.
WEBSITE HOSTING
We offer limited hosting services to smaller sites by buying server space from EasySpace Ltd. They have great customer and technical service as well as an impressive uptime history. Should you require any additional information, please refer to EasySpace own websites for their terms and conditions.
Data Transfer Limits
Our monthly data transfer limit is 1GB per Month, if data transfer exceeds this limit it will be charged at £0.01 per MB.
Whilst Kosoku recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Kosoku.
Kosoku cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Hosting Payment Policy & Billing Procedures
All accounts are set up on a pre-pay basis. We accept payments via Check, Money Order, Credit Card, PayPal, and DD/SO. Setup fees are charged for all new accounts that are paid on a monthly basis and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment.
Kosoku reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If 10 days have passed and payment has not been posted, the account will be suspended until further notice. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Kosoku to request termination of services.
WEBSITE BACKUPS
We offer a weekly ‘full’ backup of your website database structure within all our website design packages and monthly backup up of all WordPress files and content directory including theme templates and database structure. *Update of core WordPress files, theme templates and plugins are also included within your 12-month hosting contract.
WEBSITE MIGRATION SERVICE
We are able to offer an ‘Anytime’ custom migration service for your website database structure and content directories – additional service cost applies.
We can also provide you with a simple One-Click script facilitating you to rebuild your complete website on a new host environment. This end-to-end service can be provided via Kosoku Limited, or, in part, via delivering an expandable archive to your new development partner – additional service cost applies.
PAYMENT OF ACCOUNTS
It is the Kosoku policy that any outstanding accounts for work carried out by Kosoku or its affiliates are required to be paid in full, in accordance with our payment terms on the invoice, unless by prior arrangement with Kosoku.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If a Client’s account is outstanding, despite it being due for payment, Client access to the related website may be suspended until the account is cleared in full.
Non-payment will result in legal action being taken if necessary. We will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (ccj’s) being added to the client’s credit rating.
Passing of Rights
Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the artwork, design, website which includes the text, graphics, animation, audio components and digital components contained within the finished design or website, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Proposal.
No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.
The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.
Unless you have our specific written agreement in the Project Proposal, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, CGI applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not to do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership
COMPLAINTS PROCEDURE
Informal procedure
In the unfortunate instance that you have a complaint, please telephone our office on the contact numbers given and we will deal with the issue as a matter of priority. Alternatively, please put it in writing using our online contact form here form, giving sufficient information to locate the material (such as an URL) and clearly outlining the issue. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
IMPORTANT-READ CAREFULLY: By placing an order with Kosoku, you confirm that you are in agreement with and bound by the terms and conditions above.
If you have any questions before placing an order, please call us on Mob: 07849848450.
From 9.00am to 5.00pm, Monday to Friday.