Terms of Service
You agree to the following terms of service, which may be updated or modified from time to time without notice.
Acceptance of the terms
These Terms of Service apply to all services provided by Creative KXNG, including website development and design services, as well as any services offered in conjunction with a quotation provided to the client. Unless otherwise agreed in writing, these terms govern all engagements. By accepting a quote, making a purchase, or using our services, you agree to these Terms of Service.
Please check this page regularly to stay informed of any updates or changes.
Charges
Charges for services provided by Creative KXNG are detailed in the project quotation sent to the client via email. Quotations are valid for 14 days from the date of issuance. Creative KXNG reserves the right to modify or decline to provide a quotation after this period.
Unless otherwise agreed, an advance payment is required for website design, email setup, and SEO services. This payment must be made upfront on an annual basis before any work begins or materials are submitted for review. All other charges are due upon completion of the work, prior to uploading to the server or releasing any materials to the client.
Additional expenses
The client agrees to reimburse Creative KXNG for any additional expenses incurred to complete the work. Such expenses may include, but are not limited to, domain name purchases, special fonts, and stock photography. Creative KXNG will perform all work promptly to minimise costs for the client. In situations where the scope of work requires additional time, we will notify you accordingly.
Client review
Creative KXNG will give the client the opportunity to review and provide feedback on the website’s appearance and content during the design phase and upon completion of the overall development. Unless the client notifies Creative KXNG of any concerns within 14 days of the materials being made available, the deliverables will be deemed accepted and approved.
Invoicing and payment
Creative KXNG will issue an invoice prior to commencing work, with the final invoice issued upon project completion before the website goes live. Invoices are typically sent via email, but clients may request hard copies if preferred. Payment is due immediately upon receipt. Accounts unpaid for more than 14 days will incur a monthly service charge of £25.68.
Turnaround time & content control
Creative KXNG will install and publicly launch the website, or provide it to the client, by the date specified in the project proposal or by an alternative date agreed upon with the client upon receipt of the initial payment. This timeline may be adjusted if a delay is explicitly requested and approved by both parties.
In exchange, the client agrees to promptly provide Creative KXNG with all necessary cooperation, information, materials, and data required for the project. The client will also grant access to relevant staff and ensure timely decision-making. To facilitate smooth progress, the client will designate a single point of contact to work with Creative KXNG throughout the project.
Standard media delivery
Unless otherwise specified in the project quotation, this agreement assumes that all text will be supplied by the client in electronic format (e.g., .rtf, .doc, or .docx files) delivered via USB flash drive or email. Additionally, all photographs and graphics should be provided either 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, and to ensure smooth and timely delivery, we need all work to be completed as scheduled. Occasionally, this may require us to decline other offers or inquiries to prioritise your project. To facilitate this, we kindly ask that you provide all required information in advance. If we are unable to make progress on your website due to missing information within the agreed timeframe, we reserve the right to apply a surcharge of up to 25%. For projects involving search engine optimisation, please supply your website’s text content in advance to enable effective planning and execution.
If you agree to provide the necessary information and fail to do so within one week of project commencement, we reserve the right to close the project, with any remaining balance becoming payable immediately. Essentially, please do not give the go-ahead until you are ready for us to start.
Scheduled appointments
Any client who does not attend a scheduled appointment will be classified as a ‘Did Not Attend’ and will incur a service charge of £25.68. Additionally, cancellations made less than 24 hours before the scheduled appointment will also be considered same-day cancellations and are subject to the same service charge of £25.68.
Post-placement alterations
Creative KXNG cannot be held responsible for any changes made by third parties to the client’s blog posts, comments, reviews, media files, or e-commerce orders after completion. Such changes may include, but are not limited to, additions, modifications, or deletions.
Web browsers
Creative KXNG strives to design websites that are compatible with the majority of visitors and optimized for the most popular current browsers (e.g., Edge, Google Chrome, Firefox). However, the client acknowledges that Creative KXNG cannot guarantee perfect functionality across all browser software and operating systems. Additionally, Creative KXNG is not responsible for web pages that do not display correctly in new versions of browsers released after the website has been delivered. Therefore, any updates or modifications required to ensure compatibility with future browser versions will be quoted separately.
Domain name
Creative KXNG may purchase domain names on behalf of the client. The client is responsible for all payments and renewals related to these domain names. Creative KXNG is not liable for any loss, cancellation, or other issues resulting from missed or late payments. It is the client’s responsibility to keep track of renewal due dates to ensure timely payments. Upon request, the domain name can be transferred to another hosting provider.
Design copyright
Creative KXNG retains full copyright ownership of the client’s website design and page content. Under no circumstances may the design be transferred, migrated, or cloned for external use upon termination of the agreement. Copyright safeguards the creator’s rights and grants Creative KXNG exclusive rights to use and distribute the work for a specified period.
The client retains copyright ownership of any data, files, and graphic logos they provide. The client grants Creative KXNG the rights to publish and utilise these materials. It is the client’s responsibility to ensure that any third-party content such as images, logos, or data has the necessary permissions and rights for use.
Furthermore, the client agrees to obtain all necessary permissions and rights for third-party content and to indemnify and hold Creative KXNG harmless from any claims arising from the client’s negligence or failure to secure proper copyright clearances. A contract for website design and placement shall be deemed as the client’s guarantee that all such permissions and rights have been secured.
Creative KXNG may request proof of copyright permissions and rights at any time.
Design credit
A link to Creative KXNG will be displayed on the client’s website, either as small text or a small graphic positioned at the bottom. If a graphic is used, it will be designed to complement the site’s overall aesthetic. Should the client request removal of the design credit, a fixed annual fee of £500 will apply.
Additionally, the client agrees that the website developed for them may be featured in Creative KXNG’s portfolio.
Access requirements
Creative KXNG will not provide third-party designers or developers access to the administrative area of the content management system. FTP access is strictly prohibited and exclusively reserved for Creative KXNG.
If the client’s website is hosted on a third-party server, Creative KXNG requires temporary read/write access to the client’s storage directories via FTP. Depending on the project’s requirements, additional server resources may also need to be configured.
Indemnity
All Creative KXNG services must be used exclusively for lawful purposes in accordance with applicable laws and regulations. You agree not to use our services for any illegal, fraudulent, or unauthorised activities. You further agree to indemnify and hold harmless Creative KXNG, its affiliates, officers, employees, and agents from any claims, damages, liabilities, costs, or expenses including reasonable attorneys’ fees arising out of or related to your use of our services, including any violations of these terms or applicable law.
Accounts in default
Accounts unpaid 14 days after the invoice date will be deemed in default. In the event of default, if the client maintains any files or information on Creative KXNG’s webspace, Creative KXNG reserves the right, at its sole discretion, to remove all such material. Creative KXNG shall not be responsible for any data loss resulting from the removal of services.
Clients in default agree to reimburse Creative KXNG for all reasonable expenses incurred in collecting overdue amounts, including legal fees and costs charged by third-party collection agencies, as well as any other costs associated with enforcing these terms.
Termination of services
Termination of services by the client must be requested via telephone and will take effect immediately. While Creative KXNG will make every reasonable effort to return any data, files, and graphic logos provided by the client for website creation, such returns cannot be guaranteed. The client will be billed for all work completed and expenses incurred up to the date of the initial cancellation notice, with full payment due within 14 days.
General
The Terms of Service constitute the entire agreement between the parties and supersede all previous representations, promises, assurances, warranties, understandings, and agreements, whether written or oral, relating to their subject matter.
A party’s failure or delay in exercising any right or remedy under this agreement or by law shall not be deemed 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. The Terms of Service do not create rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms. Any variation to these Terms of Service shall only be effective if made in writing and signed by both parties (or their authorised representatives).
Any notice provided under or in connection with these Terms of Service must be in writing and in English, and may be sent via email or next working day delivery service. Notices to the client shall be sent to the last notified email address or physical address. Notices to Creative KXNG should be sent to the designated email address.
Severability
If any provision of this agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain unaffected and fully enforceable. The invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable, valid, legal, and enforceable provision that most closely reflects the original intent of the parties.
Governing Law
The Terms of Service, along with any disputes or claims (including non-contractual claims) arising out of or related to them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any disputes or claims (including non-contractual claims) arising out of or in connection with the Terms of Service or their subject matter or formation.
