By placing an order with Kitrox Designs, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client: The company, individual or party requesting the services of Kitrox Designs.
Kitrox Designs: Primary designer/site owner & employees or affiliates.
Kitrox Designs will carry out work only where an agreement is provided or established either by email, telephone, sms, Whatsapp, BBM or other social media i.e. Facebook and Twitter. Kitrox Designs will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Kitrox Designs and the client, informal or formal; this includes agreement made via email, telephone, email, Whatsapp, BBM or other social media i.e. Facebook and Twitter.
A non-refundable deposit of 50% is required with all of our projects before any design work is carried out. When development reaches between 40-60 estimated completion and upon review, additional 25% of the total cost is due to be collected and the remaining (25%) balance is due upon project's completion and prior to the transfer of files to client's server from our demo server. The demo server will continue to serve the purpose of showcasing the site to the client until transfer process takes place. There are no exceptions to this, i.e should the client decides to no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered at any point, prior or after. We do offer free updates/maintenance for up to a month after completion to allow for any final amendments necessary. Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Kitrox Designs cannot accept responsibility for any losses incurred due to malfunction to the website, loss of data or any part of it but we may provide solution, we may charge for this or do it for free with discretion. The website, graphics and any programming code remain the property of Kitrox Designs until all outstanding accounts are paid in full. Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Kitrox Designs remain the copyright of Kitrox Designs and may only be commercially reproduced or resold with the permission of Kitrox Designs. Kitrox Designs cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse to bear any responsibility for any material of a copyrighted nature provided by client, it is the client's responsiblity to ensure content is secured for usage. Any coding additions to website briefs provided will be carried out at the discretion of Kitrox Designs and may carry an additional cost. Where no charge is made by Kitrox Designs for such additions, Kitrox Designs accept no responsibility to ensure such additions are error free and reserve the right to charge a respective amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to Kitrox Designs all materials needed to complete the site to the agreed standard and within the set deadline, not producing the content on time or the right content on time can consequently neccesitate deadline extension.
- Kitrox Designs will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
- Kitrox Designs will not be liable or become involved in any disputes between the site owner and their clients.
- Kitrox Designs cannot be held responsible for any wrong doing on the part of a site owner e.g. any disputes regarding content/images that have been provided to us for inclusion on the site.
- Should Kitrox Designs solicit materials on behalf of the client for the client, we will conduct every measure to ensure the materials are secure for usage but we can never guarantee so, it is therefore advised that client
- provides materials of which there is certainty about it's copyright nature. Any liability associated with materials solicited on behalf of the client for the client is thereof transferred to client.
- Kitrox Designs 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.
- Kitrox Designs 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.
In no event shall Kitrox Designs be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.
Where applications or sites are developed on servers not recommended by Kitrox Designs, 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 from the provider. 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 Kitrox Designs before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Kitrox Designs will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Kitrox Designs will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in therefore function correctly in the designated server and when viewed with the latest versions of the most popular web browsers such as Google Chrome, Mozila/Firefox, Internet Explorer, Opera and Comodo Chrome. Kitrox Designs can offer no guarantees of correct function with all browser software as they constantly change.
Whilst Kitrox Designs may recommend hosting companies to for hosting your website, no guarantees can be made as to the availability or interruption of this service by providers there Kitrox Designs cannot accept liability for losses caused by the unavailability, malfunction or interruption of their services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss as a result. Kitrox Designs reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial and also to terminate any service we provide for clients should the necessity arise.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment, is essentially required in advance and we are unable to offer a refund of any monies to clients in relation to this or any type of work for that matter.
Payments of Accounts
A deposit is required from any new client before any work is carried out. It is the Kitrox Designs policy that any outstanding accounts for work carried out by Kitrox Designs or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Kitrox Designs. Once a deposit is paid and work commence, subsequent payment is made and once completed you are obliged to pay the balance of payment in full. We will correspond with clients via email, telephone, email, Whatsapp, BBM or other social media i.e. Facebook and Twitter to remind them of such payments if they are not received when due. If accounts are not settled or Kitrox Designs have not been contacted regarding delays, access to the related website may be denied and web pages removed and we may take further legal actions if necessary.
Payments And Processing of Invoices
Kitrox Designs has the sole discretion to provide the terms of payment and unless otherwise agreed, payment must first be received by Kitrox Designs prior to the acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, PayPal or wired/bank transfers. Invoices are due and payable within the time period noted on your invoice or 7 days period, starting from the date of the invoice. An order that is part of a collective order may be invoiced separately. Kitrox Designs has the discretion to cancel or deny orders and is not responsible for pricing, typographical, or other errors in any offer by Kitrox Designs. Kitrox Designs reserves the right to cancel any orders arising from such errors. For all consumer purchases oustanding, Kitrox Designs reserves the right to charge you for late payment of 5% or £5 per month, which ever is greater for undisputed overdue amounts or the maximum rate permitted by law. This charge will continue until outstanding balance is cleared and Kitrox Designs reserves the right to temporarily stop servicing a client until account is back in order.
We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will meet our obligations under the applicable laws. However, if non-faulty accounts are cancelled within one week of the initial payment, a 50% refund will be issued.
Informal Complaints Procedure
Anyone who experiences a problem with their web service provided by Kitrox Designs should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint. Kitrox Designs will approach the matter at hand with a view to resolving it to the satisfaction of the complainant.
Formal Complaints Procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure. A formal complaint should be made in writing to Kitrox Designs, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full response to the complaint should be completed within 30 days and any subsequent remedy implemented with a minimum of delay.
Editing, Deleting and Modification
We may edit, delete or modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site.
YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE OF NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Acknowledgement of Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in this agreement. You will not modify, adapt, translate, prepare derivative works from or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Kitrox Designs shall resort al remedies available, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Warranty Disclaimer and Limitations of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed GBP 1,000 or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to you by an end-user customer pursuant to a Program is proprietary information of Kitrox Designs. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of the Kitrox Designs to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision. By placing an order with Kitrox Designs, you confirm that you are in agreement with and bound by the terms and conditions herein.
This Agreement shall be governed by and construed in accordance with the substantive laws of United Kingdom, without any reference to conflict-of-laws principles. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, users may, however, visit our site anonymously if no directed contact is initiated. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain site related activities or services.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about a User's means of connection to our Site such as the operating system and the Internet service providers involved and other similar information.
Web browser cookies
How we use collected information
Kitrox Designs collects and uses Users personal information for the following purposes:
- To improve customer service; Your information might help us to be more effective at responding to your customer service requests and support needs.
- To personalize user experience; We may use summarised data to better understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site; We continually strive to improve our website offerings based on the information and feedback we receive from you.
- To process transactions; We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To administer a content, promotion, survey or other Site feature.
- To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails; The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information and so on. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
These terms and conditions govern your use of our website. Please read the terms in full before you use this Website and please do not use if you do not accept these terms therefore using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.
You will be able to access the majority of this Website without having to register any details with us. However, particular areas of this Website will only be accessible if you have registered.
Use of Website
You are permitted to use our website for your own purposes and to view, print and download materials provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without expressed or written permission. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent, written or expressed. Subject to second paragraph under "The Use of Website", no part of this Website may be reproduced without our prior written permission.
We take all reasonable steps to ensure that this Website is available 24 hours every day, however, websites do sometimes encounter downtime due to server and other technical. This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so and we will not be liable if this website is unavailable at any point in time.
When using this website you shall not post or send to or from this Website any material:
- For which you have not obtained all necessary consents.
- That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others.
- That encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
- That is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data. [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of the second paragraph under "Visitors Conduct"]
Links to and from other websites
Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked from this Website, it is at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
- You do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
- You do not misrepresent your relationship with us or present any false information about us;
- You do not link from a website that is not owned by you; and your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
If you choose to link to our website in breach of Paragraph 5.2, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the materials at any time and without notice. The material on this Website may be out of date or on rare occasions inaccurate and we make no commitment to ensure that such material is correct or up to date but will do our utmost. The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.
Exclusion of Liability
Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall bear liability or be responsible for any kind of loss or damage that may result to you or a third party as a result of yours or their use of our website. This exclusion shall include servicing or repair costs and without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website. Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.