Please read carefully
Access to and use of this website and the products and services available through this website (collectively, the “Services”) are subject to the following terms and conditions (the “Terms and Conditions”). By using the services, you are agreeing to all of the terms and conditions, as may be updated by us from time to time.
Creative KXNG may change this policy from time to time by updating this page. You should check this page regularly to ensure that you are happy with any changes.
Acceptance
It is not necessary for any client to have signed an acceptance of these terms and conditions for them to apply. If a client accepts a quote, then the client will be deemed to have satisfied themselves as to the terms applying and has accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
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 fourteen (14) days. Creative KXNG reserves the right to alter or decline to provide a quotation after expiry of the fourteen (14) days.
Unless agreed otherwise with the client, all website design services require an advance payment of fifty percent (50%) of the project quotation total before any work is started or supplied to the client for review. The remaining fifty percent (50%) 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.
NOTE: When you purchase a website from Creative KXNG you have twenty eight (28) days worth of unlimited design hours from the project start date. We allow every project twenty eight (28) days so that our client can make alterations and fix any problems.
After twenty eight (28) days please refer below:
Rate per hour : £25.56
All work carried out by Creative KXNG will be done as quickly as possible to minimise any cost to the client. We want you to know any work being carried out on your behalf will be done correctly and to our best ability. 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 twenty-eight (28) days of the date the materials are made available to the client.
Turnaround time & content control
Creative KXNG will install and publicly post or supply the client’s website by the date specified in the project proposal, or at the date agreed with clients 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 delegate a single individual as a primary contact to aid Creative KXNG with progressing the commission in a satisfactory and expedient manner. During the project, Creative KXNG will require the client to provide website content; text, images, movies and sound files.
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.
Using our content management system, you are able to keep your content up to date yourself.
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 fourteen (14) days after the date of the invoice will be assessed a service charge in the amount of £30.00 per month.
Additional expenses
The client agrees to reimburse Creative KXNG for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
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.
Default
Accounts unpaid fourteen (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 Web space, Creative KXNG will, at its discretion, remove all such material from its web space. Creative KXNG is not responsible for any loss of data incurred due to the removal of the service.
Removal of such material does not relieve the client of the obligation to pay any outstanding charges assessed to the client’s account. Cheques returned for insufficient funds will be assessed with a return charge of £25 and the client’s account will immediately be considered to be in default until full payment is received.
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
Termination of services by the client must be requested by telephone, email, text message or written notice and will be effective on receipt of such notice. The client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within fourteen (14) days.
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.
Copyright
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 Creature 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 permission and authorities may be requested.
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. Although every reasonable attempt shall be made by Creative KXNG to return to the client any images or printed material provided for use in the creation of the client’s website, such a return cannot be guaranteed.
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.
Post-placement alterations
Creative KXNG cannot accept responsibility for any alterations caused by a third party occurring to the clients’ pages once installed. Such alterations include, but are not limited to, additions, modifications or deletions.
Domain names
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, cancellation 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.
General
These terms and conditions (https://creativekxng.com/terms-and-conditions/) supersede all previous representations, understandings or agreements. The client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these terms and conditions. It is the responsibility and understanding of the client to check our website regularly to stay up to date and in agreement with these terms and conditions.
Governing law
These terms shall be governed by the law of England & Wales within the United Kingdom and are subject to the exclusive jurisdiction of the courts of Wales without regard to its conflict of law provisions.
Liability
Creative KXNG hereby excludes itself, its employees and or agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other causes in the production of the website;
Loss or damage to clients’ artwork/photos, supplied by the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Creative KXNG to the client in respect of any claim whatsoever or breach of this agreement, whether or not arising out of negligence, shall be limited to the charges paid for the services under this agreement in respect of which the breach has arisen.
Sever-ability
In the event any one 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.
Last modified on 29/09/2022