Terms and Conditions
The following would be referred to as under.
The Client : The company or individual requesting the
services of KilDeal Enterprises
KilDeal Enterprises: Primary designer/site owner &
employees or affiliates.
The contract between KilDeal Enterprises and the client
will be on these conditions to the exclusion of all
other terms and conditions. Any variations to these
conditions shall have no effect unless agreed in
writing.
The works to be carried out shall be as set out in the
KilDeal Enterprises confirmation order.
The client agrees to make available as soon as is
reasonably possible to KilDeal Enterprises all materials
required to complete the site to the agreed standard and
within the set deadline.
KilDeal Enterprises makes every effort to design pages
which display acceptably in the most popular current
browsers, but cannot accept responsibility for pages
which do not display acceptably in new versions of
browsers released after pages have been designed or
older versions of browsers.
KilDeal Enterprises cannot be held responsible for
problems or additional costs arising due to any errors
made by third parties, or failure to maintain a current
copy of your own website.
Kildeal Enterprises would expect all Information
required pertaining to any Web Project to be submitted
within 60 days of initial startup of the web project .
Any information not received within the said time frame
would result in annulment of the web project . Kildeal
Enterprises will not be liable for any payback of
Advance monoies paid towards the Web Design Project -
All designs , source files and art work remain the
property of Kildeal Enterprise in such cases , unless
paid for in full by the said client.
Kildeal Enterprises would bear no
repsonsibility for malicious attacks, malware and
phishing attacks on websites from third party
companies and entities.
Kildeal Enterprises would make all
reasonable effort to deliver the web Project as
specified in initial agreements . However, Kildeal
Enterprises reserves the right to impose additional
charges for modifications to web Projects , in cases
where Kildeal Enterprises and their representative
perceive the said changes to constitute additional work
, pursuant to the initial specification of the Website
Project . Kildeal Enterprises reserve the right of
evaluation such additional work and the estimation of
the additional costs for the implementation of the same
onto the Website Project.
Kildeal Enterprises allows a
reasonable time for receipt of all necessary information
for completion of a website- In cases where the
information required to complete the website is not
received by Kildeal Enterprises in a reasonable time
frame, the said Web Project will be terminated and there
will be no monies due back to the client , and all
existing web development will be terminated and remain
the Property of Kildeal Enterprises
Images purchased by KilDeal Enterprises on behalf of the
client are strictly for use on the website only. KilDeal
Enterprises are not liable for misuse of these images by
the client or any other person/s copying, altering or
distributing the images to individuals or other
organisations.
KilDeal Enterprises will host the website on receipt of
full payment of our hosting fees. In doing so we will
endeavour to provide a reliable and professional service
to the client at all times but do not guarantee that the
website hosting will be available at all times,
especially in the event of a technical failure beyond
our control. If client is offered hosting with any
package this is offered free of charge, no charge has
been added to your web design order. If clients are
misbehaving including abusive emails and telephone
calls, or requesting functionality which we do not offer
KilDeal Enterprises has the right to not host a site, or
terminate hosting without giving notice. Where clients
wish to use hosting of their preference other than
KilDeal Enterprises’s hosting this is possible at the
discretion of KilDeal Enterprises after payment of a fee
to be determined at the time.
It is important that the website is not in anyway
illegal. KilDeal Enterprises shall expect the client to
carry out sufficient research before proceeding with a
website. This will include checking that the website /
idea / business will operate legally within Irish law.
KilDeal Enterprises will not be liable or become
involved in any disputes between the site owner and
their clients and cannot be held responsible for any
wrongdoing on the part of a site owner.
Limitations apply on the number
and extent of modifications on new website projects and
existing ones. Kildeal Enterprises reserves the right to
determine any and all additional costs of the same ,
relevant to the modifications requests submitted by the
client . All payments for additional modifications
requests are due in advance.
KilDeal Enterprises reserve the right to decide whether
a refund is applicable if requested by the client for
any reason. A refund is not guaranteed by KilDeal
Enterprises.
In instances where requests are
made for additional work, modules and features on a
Website under Construction, the same additional work
woud be reviewed by Kildeal Enterprises to ascertain
additional costs involved in implementing the additional
modifications, changes, features or modules for the
website Project. In instances where additional costs are
involved in implementing the same, the same costs would
be due in Advance , prior to any work being done
in implementing the same on the web project. Kildeal
Enterprises reserves the right on the estimation and
costs on the evaluation of such items.
KilDeal Enterprises cannot be held responsible for
anything adversely affecting the client's business
operation, sales, or profitability that they might claim
is a result of a service offered by KilDeal Enterprises.
Where we have been asked to provide search engine
optimisation for a client, we do not guarantee any
specific placement or high ranking on search engines.
KilDeal Enterprises will provide the client with an
expected project completion date (live on the internet)
if requested. We will endeavour to meet any given
deadline but we do not guarantee and are not bound in
any way to complete the project by this date. KilDeal
Enterprises will not be liable for costs incurred,
compensation or loss of earnings due to the failure to
meet agreed deadlines.
KilDeal Enterprises 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.
KilDeal Enterprises cannot take responsibility for any
losses incurred by the use of any software created for
the client. Whilst every care has been taken to ensure
products are problem free and accurate, the ultimate
responsibility lies with the client in ensuring that all
software is functioning correctly before use.
Any Designs / Templates that may be used by KilDeal
Enterprises for Developing websites cannot be guaranteed
that will not be used by another website worldwide.
Any scripts, cgi applications or software (unless
specifically agreed) written by KilDeal Enterprises
remain the copyright of KilDeal Enterprises and may only
be commercially reproduced or resold with the permission
of KilDeal Enterprises.
It is the clients responsibility to check with KilDeal
Enterprises that open source software is being used or
not.
Search Engine Optimisation does not include Search
Engine Registration unless otherwise agreed by KilDeal
Enterprises, and paid for, if necessary, by the client.
(KilDeal Enterprises currently uses free registration
services from Google, Yahoo, ExactSeek, EntireWeb,
SearchHippo, ScrubTheWeb & WhatUSeek; results have also
been gained, but cannot be guaranteed, within MSN,
AltaVista & AOL.
Where applications or sites are developed on servers not
recommended by KilDeal Enterprises, 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. Where large applications are to be
developed, it is the clients 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 KilDeal
Enterprises before being made generally available for
use. Where "bugs", errors or other issues are found
after the site is live, KilDeal Enterprises will
endeavour (but is not obliged to) to correct these
issues to meet the standards of function outlined in the
brief.
We do not charge customers for open source software. If
there is a charge for a website using open source
software, you are paying for the installation time. Open
source software is not owned by KilDeal Enterprises or
our client.
KilDeal Enterprises own all designs and codes of the
website unless open source software is used. On the full
final payment the website will be passed to the client.
The source codes can be passed at the complete
discretion of KilDeal Enterprises.
There is an immediate cessation of all current and
future warranties where a client has requested from us
anything that results in passing the control of a
website from KilDeal Enterprises to the client.This
results in KilDeal Enterprises losing control of the
website and changes could be made by the client or their
agents. Loss of control by KilDeal Enterprises can take
place if FTP codes and or source codes have been passed
to the client. This loss of control can occur in other
situations such as where the client has requested
placing the website onto a sever of their choice and not
KilDeal Enterprises’s server. Under any of these
circumstance (s) which results in loss of control by
KilDeal Enterprises then there shall be absolutely no
future warranty and this also revokes all undertakings
of past warranties.
All images displayed on the client's website will only
be used after authorisation by the client and are the
sole responsibility of the client regarding usage and
copyright. Should any legal issues or claims arise from
the content or copyright of any images supplied by the
client OR KilDeal Enterprises, they will be the sole
responsibility of the client.
Domain names will be registered by KilDeal Enterprises
and also registered to the KilDeal Enterprises current
address. Although the domain names are registered to
KilDeal Enterprises, the client is the legal owner of
the domain and if they request to have details changed
or the domain transferred elsewhere, KilDeal Enterprises
will do this within reasonable time.
It is the responsibility of the client to renew their
domain names when due. If a domain name expires. KilDeal
Enterprises can not be held liable for this. However,
KilDeal Enterprises will make reasonable effort to
contact the client regarding domain renewal.
When a client renews “hosting” with KilDeal Enterprises,
this also includes domain renewal if the renewal is
needed to keep the site functioning and was purchased as
part of the hosting package. If the client does not
renew the hosting, their domain name could be made
available to the public for purchase and KilDeal
Enterprises can not be held liable for this.
Whilst KilDeal Enterprises recommends hosting companies
to host websites, no guarantees can be made as to the
availability or interruption of this service by KilDeal
Enterprises cannot accept liability for losses caused by
the unavailability, malfunction or interruption of this
service, or for loss of turnover, sales, revenue,
profits or indirect, consequential or special loss.
The hosting renewal charge must be received within 30
days of the hosting expiry date. We reserve the right to
deactivate any website where the hosting has expired and
the client has not paid the renewal charge. There will
be an admin fee set by KilDeal Enterprises for
reactivating the website / hosting.
If the client does not use KilDeal Enterprises hosting
services then the management and hosting of the domain
name are the full responsibility of the client.
Renewal of “hosting” is due on a yearly basis. The date
of renewal will be annually from the date the website
was ordered by the client. The “hosting” will not be
renewed if we cannot contact the customer or the
customer requests for us to not host this site..
Kildeal Enterprises may regularly
offer third-part application website solutions for
vertical markets and solutions. The same software may be
licensed and hosted on a licensing Server of the third
party / Company. Kildeal Enterprises will undertake no
responsibility in relation to any failures of the
website application provided, or for any failures on the
third-party / company's Servers and licensing servers
and / or the failure of the same.
KilDeal Enterprises has no control of, or responsibility
for, the content of our client's web sites. In no way
does the textual or image based content of our client's
web sites constitute KilDeal Enterprises endorsement, or
approval of the web site or the material contained
within the web site. KilDeal Enterprises has not
verified any of the materials, images or information
contained within our client's web sites and is not
responsible for the content or performance of these
sites or for the client's transactions with them.
KilDeal Enterprises do provides links or references to
our client's websites solely for the convenience of
prospective customers and intends that the links it
provides be current and accurate, but we do not
guarantee or warrant that such links will point to the
intended client site at all times.
If a domain name is purchased by the client through a
company other than KilDeal Enterprises, the client has
full responsibility in making sure that the domain name
is renewed when due. KilDeal Enterprises will not renew
the domain name when annual hosting renewal is due if
the domain name is purchased through a company other
than KilDeal Enterprises.
The client must supply all information requested in
writing by KilDeal Enterprises within two months from
the date of this request. If the client fails to supply
this information in writing then the website project can
be terminated by KilDeal Enterprises and all monies paid
may not be refunded.
KilDeal Enterprises are not liable for loss, damage or
corruption to files or information stored on our servers
or individual PC's relating to a client's website. The
client is solely responsible for any information or
files relating to their website.
Site Policy and Modification:
We reserve the right to make changes to this website,
policies, and these Terms and Conditions at any time. If
any of these conditions shall be deemed invalid, void,
or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and
enforceability of any remaining condition.
The Website Owner is responsible
for taking backups of their websites and contents as
they feel necessary - Kildeal Enterprises cannot be held
liable for any backups of clients websites and website
materials .
Kildeal Enterprises cannot be held
liable for any deemed losses incurred from the operation
of Web sites designed for clients .
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You can find additional information in Appendix A of the
NAI Self-Regulatory principles for
publishers (PDF).
Please note that the NAI may change this sample language
at any time.