Terms of Service - K-Co Web

Definitions

“We”, “us” being K-Co Web and all related contractors and resellers.
“You”, “the client” being the customer.
“Site”, “website” being the website and online applications being provided by us to you.

We aim to provide excellent service and quality while being realistic about the inherent limits of the technologies we are using.

We reserve the right to show a small link as a footnote in the site template signifying our involvement with the website, e.g. Website by K-Co Web. If you prefer not to show this link then please let us know, in some cases it may affect the price.

All hourly work, including support, development, meetings, communications, planning, travel, and so on is generally accounted to the minute. Work initiated by an incoming phone call is charged a minimum of 15 minutes.
Some of our services run off a common code-base which means you benefit from regular code updates. Normally code updates go smoothly but there is a risk that an update may affect the running of a website. In this event we will work as quickly as possible to reverse the update or fix the problem.
While it rarely happens, we reserve the right to withdraw features or functionality from the site applications at any time. This only happens as a last resort due to code maintenance and compatibility, or upgrades.

We endeavour to keep your sites access codes and admin login data in a secure manner.
As security updates become available we use our judgement and discretion as to when or if we implement them so as to keep the code as effective and current as possible.
We regularly backup your data and files. While we do our best to provide a secure service, there is always the chance that a site can be disrupted by outside parties or for unforeseen reasons and we are not responsible for such disruptions or any loss that may occur. We can send you a complete backup of files and data upon request.

You may cancel with us at any time with no penalty. We will provide you with all your data and files free of charge. We are available to help you setup on a new host with a current version of the code at standard rates. We generally do not provide any ongoing support or maintenance for such code. We do not provide refunds on any pro-rated amounts paid.
We reserve the right to cancel your service for our reasons in the rare event that this is required by us for technical or business reasons (for example no longer supporting your platform or application). In this case we will give you at least 90 days notice.
We reserve the right to cancel your service at any time without notice if this agreement is being violated.
We hold no responsibility for your files, data or correspondence after the time of cancellation. We recommend requesting a copy of all your files and data before cancellation.

While we do our best to provide training and make our applications easy to use, we are not responsible for loss of data caused by errors made by the customer.
We carry no liability for any content posted on the site by the customer or their users.
We make substantial use of open source code, and while we try to vet and test as much as possible, there are thousands of lines of code authored by many contributors and we are not liable for the performance of all the code used.

Having us provide you with services respects both parties copyrights and there is no transfer of ownership rights to either party, unless otherwise agreed.
We reserve the right to copy or reuse any work done for you for other clients, unless otherwise agreed.

We reserve the right to update our ongoing fees unless otherwise agreed.
While our quotations and estimates of work are made with the best intentions of achieving a satisfying result they are subject to us working with the existing code and open source applications and that some departures from existing code and features may carry extra charges or may not be available at all.
We generally invoice quarterly for ongoings. For development work the payment terms are 1/3 deposit, 1/3 progress and 1/3 on completion unless agreed otherwise. We hold the right to temporarily deny or permanently terminate services if payment is not received after 30 days and will attempt to notify you well in advance. Such termination or denial will not relieve you of responsibility for the payment of all accrued service fees, and any collection fees to which K-Co Web may be entitled under this Agreement or under applicable law.
We reserve the right to charge a late fee on overdue payments. This is currently applies automatically on outstanding amounts after 30 days at a rate of 2.1% per month (plus GST where applicable).

The terms and conditions of this agreement are subject to periodic updates. We reserve the right to change or otherwise amend this agreement by publishing the updated agreement on the K-Co Web website.