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.
As well as describing and encompassing the entire agreement between us and you, this agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content or computer programs provided by or through the Site and the subject matter of this Agreement.
You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review before you use our site.
Kitrox Designs will carry out work only where an agreement is provided or established either by email, telephone, SMS, Skype, Whatsapp, BBM or other social media i.e. Facebook, Twitter and Instagram. 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 applicable social media as stated above.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Contract means the legally-binding agreement between you and us for the supply of the Services.
Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
Goods means any goods that we supply to you with the Services; of the number and description as set out in the Order.
Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website.
Services means the services advertised on the Website; including any Goods, of the number and description set out in the Order.
Website/Site means our website www.kitrox.com on which the Services are advertised/procured.
You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed).
Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors.
We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 14 days from its date, unless we expressly withdraw it at an earlier time.
No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
Upon delivery, the Goods will:
Be of satisfactory quality;
Be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
Conform to their description.
It is not a failure to conform if the failure has its origin in your materials.
We will supply the Services with reasonable skill and care.
We will provide the following after-sales service: The supplier will provide printing services where needed with the option of free and/or additional charges for priority/faster delivery.
In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract.
Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:
Foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace.
Goods that are made to your specifications or are clearly personalised.
Goods which are liable to deteriorate or expire rapidly.
Duration, termination and suspension
The Contract continues as long as it takes us to perform the Services.
Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
Commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
Is subject to any step towards its bankruptcy or liquidation.
On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
In the event of any failure by a party because of something beyond its reasonable control:
The party will advise the other party as soon as reasonably practicable; and
The party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
The description of the Services and any Goods is as set out in the Website; catalogues; brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied.
In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information
or specification you provide is accurate.
All Services which appear on the Website are subject to availability.
We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
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 responsibility 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 necessitate 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 optimising 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 optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation 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 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 7 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 before the transfer of ownership or delivery. We will correspond with clients via email, telephone, email, Whatsapp, BBM or other social media i.e. Facebook, Twitter or Instagram 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
The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.
Fees and charges include VAT at the rate applicable at the time of the Order.
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 and you must pay before the delivery of services and/or goods.
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 outstanding, 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 will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:
In the case of Services, within a reasonable time; and
In the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
We have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
After we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit, you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
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 ON OUR SITE, FOLLOWING OUR POSTING ON 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 all 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 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.
The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, we are not liable for (1) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.
Governing law, jurisdiction and complaints
The Contract (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should call or contact us via email to find a solution. We will aim to respond with an appropriate solution within 5 days.
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 of Service 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 of Service shall remain valid and enforceable according to its terms.
Terms of Service