Terms & conditions
Terms and Conditions
Website Design/Management Agreement
This Agreement (“Agreement”) is included as part of a web form stating your name.
This Agreement is being made between the party named in the form included in this email (that’s “You”) located at the address included and KJA Web Development (that’s “We” or “Us”)
We will provide You with the following services (“Services”) in a timely and professional manner.
If You decide the Services aren’t exactly what You are looking for, don’t worry because We can change the scope of the Services for You at any time. To update the scope of the Services, all You have to do is let Us know what You would like to change via email. The email will explain what You want Us to do differently. If the new Services are going to require a bit more work for Us, then both Parties will have to agree in writing to an updated cost for the Services. Speaking of costs…
2. Cost & Payment
It is agreed that You will pay 50% of the price upfront prior to beginning the building of your website and 50% upon completion, unless agreed otherwise.
If You have chosen to have Us manage your website You agree to pay the monthly management fee. This service can be cancelled with thirty (30) days notice (see 8. Termination).
We want to keep You informed of the progress We are making on your website. We may share our work with You via zoom video conference, Whatsapp or email or other file sharing service and be available to answer any questions You may have during that time.
Once our preliminary design phase is completed we will give a comprehensive tour of your new site. At this time your review must include any and all feedback You have.
We will be available to provide You with reasonable technical support and correct any possible errors or deficiencies.
4. Copyright Notice
A Copyright notice that states “©[Date][Your Website Name]” will be displayed on the bottom of each page of your website.
5. Intellectual Property
You will own the masterpiece, also known as the website, that We design for You and any visuals that We provide with it. We will turn over our work product, including any necessary files, and You will be responsible for their safekeeping. We are not required to keep copies. You guarantee that You have the legal right to all elements of text, photographs, and anything else that You provide to Us and that You will not hold Us responsible for any third-party claims.
We will own any copyrightable work, ideas, inventions, products, or other information that We create in connection with the Services We are providing. We guarantee that We have the legal right to all elements related to the Services We are providing and will not hold You responsible for any third-party claims.
Your secrets are safe with Us. This includes your proprietary information (things like trade secrets, know- how, or any other confidential information that is not publicly available). We promise We won’t sell your proprietary information to a third-party, no matter how much they offer Us.
The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.
We would really hate to see You go but we understand that sometimes circumstances change. If you wish to close down your website, you can simply inform us and your monthly fee will be stopped and your website taken down, there is no extra charge for this. You can end this Agreement by giving Us a thirty (30) day written notice and paying Us for the Services that We have completed.
If you wish to transfer your website hosting and services to someone else, please be aware that there is a stand-alone fee of $99 USD.
If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a thirty (30) day written notice.
This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.
9. Limitation of Liability
Your liability to Us is only for the costs payable under this Agreement. You will not be liable to Us, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
10. Dispute Resolution
1. Negotiation: We want to work this out. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
2. Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
3. Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of the the United Kingdom, regardless of any conflict of law issues that may arises. The Parties agree that the dispute will be resolved at a court of competent jurisdiction in the agreed upon State.
d. Attorney’s Fees: The prevailing party, or “winner” as non-lawyers call it, will be able to recover its attorney’s fees and other reasonable costs for a dispute resolved by binding arbitration or litigation.
If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
12. Complete Contract
This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to. This Agreement supersedes any other written or verbal communications between the Parties. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
All notices under this agreement must be sent by either email with return confirmation of receipt, or certified or registered mail with return receipt requested.
Notices should be sent to:
KJA Web Development
14. Let’s Shake Hands
If You agree to the terms of this Agreement, please check the acceptance box on the form. This Agreement will become effective on the date stated in the form this agreement is included in.
We hope that you’ll enjoy our services, but we understand that sometimes circumstances change. If you wish to close down your website, you can simply inform us and your monthly fee will be stopped and your website taken down, there is no extra charge for this.
If you wish to upgrade or downgrade any of your package, you can at any time, and within 30 days we will process the change.
If you wish to transfer your website hosting and services to someone else, please be aware that there is a stand-alone fee of $99. We require 30 days’ notice for termination of any of our services.
Thank you for choosing KJA Web Development, we hope you will be delighted with our services and are happy to help if you have any further questions.