Terms and conditions
You are bound by these terms and conditions and we may update these terms, please check this page regularly.
ACCEPTANCE
The following terms and conditions apply to all services, including website development and design services, the services provided by Creative KXNG to the client, in conjunction with any relevant quotation provided to the client by Creative KXNG terms and conditions, unless otherwise agreed in writing. Acceptance of a quote, purchase and/or use of the services shall be considered acceptance of the terms and conditions.
You should check this page regularly to ensure that you are happy with any changes.
Charges
Charges for services to be provided by Creative KXNG are defined in the project quotation that the client receives via email. Quotations are valid for a period of 14 days. Creative KXNG reserves the right to alter or decline to provide a quotation after expiry of the 14 days.
Unless agreed otherwise with the client, all website design services require an advance payment of 50 percent of the project quotation total before any work is started or supplied to the client for review. The remaining 50 percent is required after the development stage, with any remaining due upon completion of the work, prior to uploading to the server or release of materials.
Additional expenses
The client agrees to reimburse Creative KXNG for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) purchase of domain names, special fonts and stock photography.
All work carried out by Creative KXNG will be done as quickly as possible to minimise any cost to the client. In some circumstances, the work we’ve been tasked to do can take a little extra time, but in these situations we will always notify you.
Client review
Creative KXNG will provide the client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the client notifies Creative KXNG otherwise within 14 days of the date the materials are made available to the client.
Invoicing and payment
Invoices will be provided by Creative KXNG upon completion but before publishing the live website. Invoices are normally sent via email; however, the client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid for more than 14 days after the date of the invoice will be assessed a service charge in the amount of £25.68 per month.
Turnaround time & content control
Creative KXNG will install and publicly post or supply the website by the date specified in the project proposal, or at the date agreed with client upon Creative KXNG receiving initial payment, unless a delay is specifically requested by the client and agreed by Creative KXNG.
In return, the client agrees to provide Creative KXNG promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by Creative KXNG for the performance of the services. This shall include the client delegating a single individual as a primary contact to aid Creative KXNG with progressing the commission in a satisfactory and expedient manner.
Standard media delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the client in electronic format (.rtf, .doc or .docx files delivered on USB flash drive or via email) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.
Failure to provide required website content
Creative KXNG is a small business. To remain efficient, we must ensure that any work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves search engine optimisation, we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do it within one week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above conditions say is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Scheduled appointments
Any client who fails to show up for a scheduled appointment is referred to as a did not attend and will be assessed a service charge in the amount of £25.68. If a client cancels less than 24 hours before their scheduled appointment, it is considered a same day cancellation and will be assessed a service charge of £15.74.
Post-placement alterations
Creative KXNG cannot accept responsibility for any alterations caused by a third party occurring to the clients’ blog posts, comments, reviews, media files and orders placed by ecommerce once completed. Such alterations include, but are not limited to, additions, modifications or deletions.
Web browsers
Creative KXNG makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). The client agrees that Creative KXNG cannot guarantee correct functionality with all browser software across different operating systems.
Creative KXNG cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the client. As such, Creative KXNG reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Domain name
Creative KXNG may purchase domain names on behalf of the client. Payment and renewal of those domain names is the responsibility of the client. The loss, cancelation or otherwise of the domain brought about by non or late payment is not the responsibility of Creative KXNG. The client should keep a record of the due dates for payment to ensure that payment is received on time. The domain name can be transferred to another host if requested by the client.
Design copyright
Creative KXNG retains the copyright ownership of the client’s website design and page content and under no circumstances can the design be transferred, migrated or cloned for external use upon termination. Copyright protects the owner of a creative piece of work and gives Creative KXNG exclusivity in using and distributing it for a limited time.
The client retains the copyright to data, files and graphic logos provided by the client, and grants Creative KXNG the rights to publish and use such material. The client must obtain permission and rights to use any information or files that are copyrighted by a third party.
The client is further responsible for granting Creative KXNG permission and rights for use of the same and agrees to indemnify and hold Creative KXNG harmless from any and all claims resulting from the client’s negligence or inability to obtain proper copyright permission. A contract for website design and/or placement shall be regarded as a guarantee by the client to Creative KXNG that all such permissions and authorities have been obtained.
Evidence of copyright permission and authorities may be requested.
Design credit
A link to Creative KXNG will appear in either small type or in a small graphic at the bottom of the client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied.
When total development charges are less than £5,000, a fixed annual fee of £500 will be applied. The client also agrees that the website developed for the client may be presented in Creative KXNG’s portfolio.
Access requirements
If the client’s website is to be installed on a third-party server, Creative KXNG must be granted temporary read/write access to the client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Creative KXNG will not allow a third-party designer or developer access to the administrative area of the content management system. FTP access is strictly forbidden and accessed by Creative KXNG only.
Indemnity
All Creative KXNG services may be used for lawful purposes only. You agree to indemnify and hold Creative KXNG harmless from any claims resulting from your use of our service that damages you or any other party.
Accounts in default
Accounts unpaid 14 days after the date of invoice will be considered in default. If the client in default maintains any information or files on Creative KXNG’s webspace, Creative KXNG will, at its discretion, remove all such material from its webspace. Creative KXNG is not responsible for any loss of data incurred due to the removal of the service.
Clients with accounts in default agree to pay Creative KXNG reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Creative KXNG in enforcing these terms and conditions.
Termination of services
Termination of services by the client must be requested by telephone and will be effective immediately. Although every reasonable attempt shall be made by Creative KXNG to return to the client any data, files and graphic logos provided by the client for use in the creation of the website, such returns cannot be guaranteed. The client will be invoiced for work completed including any expenses to the date of first notice of cancelation for payment in full within 14 days.
General
These terms and conditions constitute the entire agreement between the parties and supersedes all previous representations, promises, assurances, warranties, understandings and agreements between them, whether written or oral, relating to their subject.
A failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. These terms and conditions do not give rise to rights under the contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms and conditions. No variation of these terms and conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
A notice given to a party under or in connection with these terms and conditions shall be in writing and in English, by email or next working day delivery service. Notices to the client shall be sent to the email address or address last notified to Creative KXNG. Notices to Creative KXNG should be sent to the email address.
Severability
In the event anyone or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired, and the agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable, valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Governing Law
These terms and conditions and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject or formation shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject or formation.
