Website Design Contract (TOS, Terms and Conditions)

Contract(s)

Parties

Buyer (hereinafter referred to as “You” or “Credit Card Holder” or “Client”). Seller, Kadzoom Tech (“KadzoomTech.com or Kadzoom.com) hereinafter referred to as “Our”, “Us”, “We” or “Kadzoom”.

Electronic Consent

In lieu of this electronic “Terms & Conditions”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you would like a paper copy, please let us know and we will be happy to send a paper copy via email.

Terms and Conditions

1) STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Kadzoom for its clients/customers.

2) OUR FEES: All fees agreed upon no matter if said fee is our standard design fee or discounted design fee will be due immediately upon you instructing us to proceed with your website design and development work. We reserve the right to not commence any work until all design fees have been paid in full.

3) REFUND POLICY: While we work sincerely and dedicated to satisfy you. If you are not pleased with our work, our policy works as stated below:

We will refund 100% , if requested within seven (7) days from date of order

• Refund not applicable on domain registration fees.
• Refund not applicable for any custom coding.
• Refund not applicable for any delays out of our control.
• Refund not applicable once website is completed.
• Refund not applicable on web hosting fees.

4) SUPPLY OF MATERIAL: You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but not limited to, photographs, any written copy, logs and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed upon deadlines by a reasonable amount of time. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop working on your design until you have provided “said” material to us.

5) VARIATIONS: We offer the opportunity to make revisions to your website desing. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional design if you make a change to the original design specification. While our website development phase is flexible and allows certain variations to the original specification. However any major deviation form the specification will be charged at the rate of $35.00 per hour.

6) PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final content for the work pages. During development there is a certain amount of feedback that is required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will NOT BE RESPONSIBLE if the web design project remains largely unfinished or id delayed, due to your own inaction, or by not approving design mockups . requesting web design changed on time. After the initial 30 calendar days, if the project is still unfinished, we reserve the right to charge $35.00 an hour for any further change requests.

7) APPROVAL OF WORK: On completion of the website design we will go over the website with you via phone. During this time we expect you to then request any changes that you would like done. Additionally, we will grant you 3 days, review period, to continue looking at your website to make sure you’re happy with your design. During this time, if you need any changes done, you will be required to call in or email us these changes. If you do not call in or email us during this time, your website will be deemed to have been approved. Once approved, or deemed approved, this contract will be deemed to have been completed.

8) PAYMENT: As stated in “section #2 – Our Fees”, Payment for design is due up front via credit card or debit card. Your design fee is agreed upon during your first initial phone call and are made clear during this phone call. You will be on the phone with us when your credit card is charged for your design fee. This gives you ample opportunity to change your mind about hiring us to design your website as well as gives you ample time to ask us any questions. Should your credit card decline, we will advise you during this phone call and you will be given the opportunity to provide an additional credit or debit card number. On the rare occasion that we do start working on your website before payment, you will unconditionally and personally guarantee that you will make a payment. In case collection proves necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process.

9) COPYRIGHTS and TRADEMARKS: You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

10) LICENSING: Once you have paid us in full and your website is completed we  grant to you a license to use the website and contents for the life of the website.

11) SEARCH ENGINES / RESPONSIVE / MOBILE FRIENDLY: All website designed by us are search engine friendly, responsive, and mobile friendly. However, we do not guarantee any specific position in search engine results for your website. We do perform search engine optimization (SEO) according to current bast practices at an additional cost. Additionally, we release your website as responsive and mobile ready. However, if a browser update or phone update changes how your website operates, we are not responsible. Should this happen, we will offer you technical support and advice on how to fix any update issues.

12) CONSEQUENTIAL LOSS: We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

13) E-COMMERCE WEBSITES/ONLINE SHOPPING CARTS: You understand that we will only setup your shopping cart and offer you technical support for the shopping cart. We will NOT list your products for sale for you. You understand in full that you are responsible for listing your own products/services in your shopping cart, setting up any taxes or shipping costs, and uploading your own product images to your shopping cart. Our responsibility is to only provide technical support and to make sure your shopping cart remains online.

14) DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither Kadzoom nor any of its employees or agents, warrant that the functions contained in the web design project will be uninterrupted or error-free. In not event will Kadzoom or it owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, or any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet sofware, even if Kadzoom has been advised of the possibility of such damages.

15) ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

16) NON-DISCLOSURE: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

17) ADDITIONAL EXPENSES: You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third party software, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon your request.

18) BACKUPS: You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites exvept to the extent that such data loss arises out of a negligent act or omission by us.

19) OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING: We will supply to you account credentials for domain name registration and/or web hosting that we provide when you reimburse us for any expenses that we have incurred.

20) RIGHT OF REFUSAL: Kadzoom reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. NO refund would be provided in case of abusive communications.

21) GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in the state of California, United States. Any dispute will be litigated or arbitrated in the state of California, and you hereby consent to the personal jurisdiction of the El Dorado County, Courts.

This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.