T&C’s

Kodaworks – Terms and Conditions

Definitions

The Registered Business Name is Kodaworks referred to as Kodaworks(.Com). Registered in Ireland.
Kodaworks are the Primary design/Site Owner and employees or affiliates.

The Client is you, the company or individual(s) requesting and/or paying for the service of Kodaworks.

This page sets out the terms of use under which you must abide when becoming a customer of Kodaworks. Once you commission, send payment for,or request a service or product from Kodaworks you are the client, and you accept these terms of use and agree to be bound by them.

This agreement constitutes the entire agreement between Kodaworks and The Client.In making this agreement each party confirms that have not relied on any induce not recorded in this agreement.

 

Indemnification

The Customer agrees that it shall definitively, save and hold Kodaworks harmless from any all demands, liabilities, losses, costs,and claims, including reasonable legal Fees asserted against Kodaworks, its agent’s, it’s Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customers, it’s agents employees or assigns. The Customer agrees to defend, indemnify and hold harmless KodaWorks against liabilities arising out of any injury to person or property caused by any product’s sold or allegedly infringing on the proprietary rights of a third party or causing a copyright infringement and any defective product’s sold to the Customer from Kodaworks or it’s partner’s server’s.

Governing Law’s

This Agreement shall be governed by Irish Law.

 

WebSite Design Service

All web design commission’s provided by Kodaworks to the Customer are subject to the following terms and conditions.

Scope Of Work and Price Agreement

Charges for services to be provided by Kodaworks will be defined in the Customer’s project proposal under normal trading circumstances, the project proposal will be issued by Kodaworks following receipt of a request for quotation from the Customer which shall identify the scope of work intended.

Kodaworks will provide it’s quotation which will include the Project Proposal for acceptance or commet by the Customer. Any quote is valid only for 30 day’s.Once the project proposal has been accepted by the Customer, this will then be been accepted by the Customer, this will then be deemed to be the sole document which will specify the scope of work. Where possible and relevant, based upon the information provided by the Customer, such other resources will be identified in the project proposal. However, in those circumstances whereby such resources cannot be reasonably identified at the Project Proposal stage, then Kodaworks reserves the right to issue an amendment to the project proposal as soon as it becomes clear that additional resources might be required which might include a re-evaluation of cost quoted.The Customer agrees that changes required over and above the estimated work or required to be carried and after acceptance of draft design will be liable to a separate charge. The Customer also agrees that Kodaworks hold no responsibility for any amendments made by any third party, before or after a design is published. Any indication given by Kodaworks of a project’s duration is to be considered by the Customer to be an estimation, Kodaworks cannot be held responsible for any project over-runs, whatever the cause. Estimation project duration should be deemed to be from the date cleared funds are received by Kodaworks for the initial payment or by the date confirmed in writing/email by Kodaworks.

 

Payment Clause

All services require an advance non refundable deposit of 50% (fifty percent or greater at your discretion) of the project quotation total before the work is supplied to the Customer for review. The remaining will be due upon completion of the proposal. Work on the project will not commence until Kodaworks has received this amount.
Charges for any amount additional services over and above the estimated design, will become fully payable at the time of estimate or quotation acceptance. Publication and/or release of work carried out by Kodaworks on behalf of the Client, may not take place before cleared funds have been received.

 

Customer Review

Kodaworks will provide the Customer with an opportunity to review the appearance and content of the website during the design prototype stage.

The Customer agrees to allow Kodaworks to place a small credit on printed material exhibition displays, advertisements and/or a link to Kodaworks own website on Customer’s website. The Customer also agrees to allow Kodaworks to place websites and other designs, along with link to the clients site on Kodaworks own website.

 

Customer Acceptance

At the “sign off ” stage the Customer will be presented with the completed design. Such materials will be deemed acceptable and approved unless the Customer notifies Kodaworks to the contrary within 10 working days of the date the material s where made available. Invoices will be provided by Kodaworks upon receipt.

 

Default

Accounts unpaid (30) days after the date of invoice will be considered in default. If the Customer in default maintains any information or files on Kodaworks web space, Kodaworks will, at discretion, remove all such material from the/it’s web space. Kodaworks is not responsible for any loss data incurred due to the removal of the service. Removal of such material does not relieve the Customer of the obligation to pay any outstanding charges assessed to the Customer’s account. Customer’s with accounts in default agree to pay Kodaworks reasonable expenses, including legal fees and costs for collection by third party agencies, incurred by Kodaworks. In enforcing these Terms and Conditions.

 

Termination

Termination of services by the Customer must be requested in writing and signed. Termination will be effective on receipt of such notice. The Customer will be invoiced for design work completed to the date of first notice of cancellation for payment in full within 30(thirty) day’s.

Any website content, i.e. text and images provided by, or entered into the system by the Customer and/or their Clients, remains the property of the Customer. Any associated system coding developed by or provided by Kodaworks remain the intellectual property of Kodaworks, unless otherwise agreed and stated in writing/email by both parties.

If the Customer wishes to terminate their account with Kodaworks and transfer their website information elsewhere, Kodaworks will advise and assist with any data extraction and transfer work subject to Kodaworks standard hourly rates.

 

Copyright

The Customer retains the copyright intellectual property rights to data, files and graphic logo’s provided by the Customer, and grants Kodaworks the rights for the use of all information, content, images or files used on the website and in other graphic design media that are copyrighted by a third party.

Should Kodaworks, or the Customer supply an image, text, audio, clip or any other files for use in website, multimedia presentation, print item, exhibition advertisement or any other medium believing to be copyright and royally free, which subsequently emerges to have such copyright or royally usage limitations, the Customer will agree to allow Kodaworks to remove and/or replace the file on the site without notice. The Customer agrees to fully indemnify and hold Kodaworks free from harm in any and all claims resulting from the Customer is not having obtained all the required copyright, and/or any other necessary permissions.

 

Changes To Site

You have one month form launching of the website within which to request minor amendments/enhancements to the website and to correct errors free of charge. There after all changes done by Kodaworks are currently charged at our hourly rate per hour or part thereof.

 

Access Requirements

If the Customer’s website is to be installed on a third party server, Kodaworks must be granted read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the project, other resources might also need to be configured to the server.

 

Server Usage

Website hosting service accounts are defined as those facilities provided to support and host the Customer’s website. If applicable, your account is for your use only. You must take all reasonable measures to ensure that third parties do not access your account through revealing your password to them. Accounts are to be used by the Customer/account holder only. Account holder’s are not permitted to resell, store or give away Web hosting services of their website to other parties. Excecptions to this include links, ad banners, classified ads, and personal ads. You may not run server processes from your account without our prior agreement.

Kodaworks reserves the right to refuse hosting services to anyone should it decide that the account has been used inappropriately or otherwise. Kodaworks will not allow any of the following content to be stored on its server’s or its hosting partner’s server’s.

– ILLEGAL MATERIAL
This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any International, National, or Local Government regulation.

– ADULT MATERIAL
Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Kodaworks.

– WAREZ
Includes pirated software, ROMS, emulators, hacking, passwords cracking, IP spoofing, etc.., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material. No file sharing or peer software such as IRC bots or illegal MP3 sites are permitted.

We reserve the right to remove a client’s account if it is found to violate Irish Law or the terms of these conditions.
The Client will be held responsible for all the content in their website and for any claims or damages resulting from its content.

 

Payment Policies

All accounts are set up on prepay basis. Although Kodaworks reserves the right to change prices of accounts of services at any time, pricing is guaranteed for the period of prepayment.

Kodaworks reserves the right to suspend this and other services until any outstanding debt is cleared. Kodaworks will not be responsible for any data lost due to non-payment closure of an account. The Customer is responsible for all money owed on the account from the time it will established to the time that the Customer sends a written/email cancellation request. We reserve the right to remove your website if payment is more than two calendar months outstanding and charge an administration fee of €100 to reconnect service.

 

Cancellation and Refunds

Fee’s charged on prepay basis are non-refundable .

 

Disclaimer

Kodaworks will not be responsible for any damages that may suffer. Kodaworks makes no warranties of any kind expressed or implied for services we provide. Kodaworks disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, copyright infringements, security infringements, non deliveries, wrong deliveries and any and all service interruptions caused by Kodaworks and it’s employees or third parties. Kodaworks reserves the right to revise it’s policies at any time. We reserve the right to amend and update these Terms and Conditions at any time without notice.

 

Technical Support

Unless otherwise stated, the website hosting, email and ecommerce services shall be provided by a third party in partnership with Kodaworks. Kodaworks has no influence in relation to the hardware, software and technical support offered by the third party and is not responsible for any technical deficulties or breaks in service when they occur. Should technical support be required by a Client, an email should be sent to Kodaworks and the matter raised will be discussed with relevant third party partner.

Where Kodaworks consider that the services offered by our hosting service do not meet the requirements of the client or that an increased level of technical support is necessary, Kodaworks will endeavour to find a suitable alternative service to host the Client’s website and provide email services. Kodaworks will advise and assist with any data extraction and transfer work subject to Kodaworks standard hourly rates. Kodaworks reserves the right to issue a re-evaluation of the costs quoted to accommodate such changes.

 

Unlimited Use Policy

High bandwidth usage : In rare case’s, Kodaworks may find a Customer to be using server resources to such an extent that he or she may jeopardise server performance and resources for other Customer’s. In such instances, Kodaworks reserves the right to impose the High Resource User Policy clause as stated below in order for Kodaworks to provide equitable consideration of all it’s Customer’s.

High Resource Policy

Resources are defined as bandwidth and/or processor utilisation. Kodaworks may implement the following policy to it’s sole discretion : If a website is found to be monopolising the resources available to the detiment of other Client’s of Kodaworks, then Kodaworks reserves the right to immediately suspend that site. This policy will only be implemented in extreme circumstances. Customer’s may be offered an option where by Kodaworks continues hosting the website for an additional fee.

 

Data Backup

Kodaworks is not responsible for the periodical backup of data on a Customer’s website. Kodaworks will only backup files necessary to recreate the original website design. The Client must retain copies of all content required for the reconstruction of their websites content. Websites that need to be restored or reconstructed will incur a charge.

 

Domain Name Services

Domain Name Registration

Kodaworks will assits the client in securing their desired Domain Name upon the Terms and Conditions set out below.
Kodaworks will work on behalf of the client and the Client undertakes and warrants to Kodaworks that the Registration of any domain name requested by it (a “Requested Domain” ) and the manner in which it is to be directly or indirectly used will not infringe on any third party rights, and is not being made in bad faith or could be considered to be an abusive registration under the ICAN or Nominet dispute resolution policies, whenever is apporiate. The Client also confirms and warrants that any Requested Domain has not being registered and will at no time whatsoever be used for any unlawful purpose. The Client agrees that KodaWorks is not legally responsible for against liabilities arising out of any dispute or infringments regarding registered or registering any domain name on behalf of the client.

Transfers of Domain Names

If the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary contents to that transfer are obtained and furnish Kodaworks with all documentary evidence of that all such consents have been obtained, so that Kodaworks can work on the clients behalf, with the clients hosting provider.

The Client agrees and acknowledges that Kodaworks will make registration information provided by the Client in relation to the Requested Domain available to ICANN,NOMINET or any other appropriate registration authority, the registry administrator’s, and other third parties as applicable laws may require or permit including the police or other enforcement authority. The Client further acknowleges that Kodaworks may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided to Kodaworks, for purposes of inspection or other purposes as required or permitted by ICANN,NOMIENT and applicable law. The Client consents to any and all such disclosures, whether during or after the term of registration of the Requested Domain. The Client irrevocably wavies any and all claims and causes of action arising from such disclosure or use of the Domain name registration information by Kodaworks.

 

Hosting Services

Kodaworks may offer the client, a hosting space for the clients website under the Kodaworks hosting plan, provided by a third party. Kodaworks has no influence in relation to the hardware, software and technical support offered by the third party and is not responsible for any technical deficulties or breaks in service when they occur. Where Kodaworks consider that the services offered by our hosting service do not meet the requirements of the client or that an increased level of technical support is necessary, Kodaworks will endeavour to find a suitable alternative service to host the Client’s website. Kodaworks will advise and assist with any data extraction and transfer work subject to Kodaworks standard hourly rates. Kodaworks reserves the right to issue a re-evaluation of the costs quoted to accommodate such changes. The Client agrees that KodaWorks is not responsible for any liabilities arising out of any dispute or arising from any loss of service or loss of data.

In cases where the client wishes to avail of their own hosting service through a third party service .eg the clients website is to be installed on a third party server, Kodaworks must be granted read/write access to the Customer’s storage directories, and those directories must be accessible via FTP. Depending on the project, other resources might also need to be configured to the server. However Kodaworks has no influence in relation to the hardware, software and technical support offered by the third party and is not responsible for any technical deficulties or breaks in service when they occur. The Client agrees that KodaWorks is not responsible for any liabilities arising out of any dispute or arising from any loss of service or loss of data.

 

Emails Services

Kodaworks may offer the client, the setting up of email services and inbox accounts on either the Kodaworks third party servers, or the clients own third party hosting service provider. Kodaworks is not responsible for the periodical backup of the clients email data. The Client agrees that KodaWorks is not responsible for any liabilities arising out of any dispute or arising from any loss of service or loss of this data.

 

 

 

 

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