Terms & Conditions

 

Web Design Services

By placing an order with Kuka Studios Ltd., you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

The Client : The company or individual requesting the services of Kuka Studios Ltd. Kuka Studios: Primary designer/site owner & employees or affiliates.

General

Kuka Studios will carry out work only where an agreement is provided either by email, telephone, or mail. Kuka Studios 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 Kuka Studios and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Kuka Studios cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it. The website, graphics and any programming code remain the property of Kuka Studios until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Kuka Studios remain the copyright of Kuka Studios and may only be commercially reproduced or resold with the permission of Kuka Studios. Kuka Studios cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. Any additions to the brief will be carried out at the discretion of Kuka Studios and where no charge is made by Kuka Studios for such additions, Kuka Studios accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to Kuka Studios all materials required to complete the site to the agreed standard and within the set deadline. Kuka Studios will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Kuka Studios 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. Kuka Studios 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. Kuka Studios 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. A deposit of 25% is required with any project before any design work will be carried out. This figure is higher for websites of an adult nature. Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. If the client decides they 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.

Database, Application and E-Commerce Development

Kuka Studios 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 scripts, cgi applications or software (unless specifically agreed) written by Kuka Studios remain the copyright of Kuka Studios and may only be commercially reproduced or resold with the permission of Kuka Studios. Where applications or sites are developed on servers not recommended by Kuka Studios, 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 Kuka Studios before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Kuka Studios will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

Kuka Studios will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Kuka Studios can offer no guarantees of correct function with all browser software.

Website Hosting

Whilst Kuka Studios recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Kuka Studios 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. Kuka Studios 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 the free hosting service should the necessity arise. For terms and conditions of hosting bought through Kuka Studios, click here.

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the Kuka Studios' policy that any outstanding accounts for work carried out by Kuka Studios or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Kuka Studios. Late payment of invoices will be subject to an additional administration charge of £35 per week from the date of invoice. This charge is at the discretion of Kuka Studios. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. If accounts are not settled or Kuka Studios have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.  

Online Marketing Services

Confidentiality

Kuka Studios and its representatives will at all times operate a completely confidential service and will not divulge any information about the Client, the work to be carried out, or being carried out for the Client or by the Client without the Client's permission.

Information

The Client will provide the Consultant with all relevant information that may affect the outcome of the project. This may include: information that is internal to the business or external industry specific; any policy decisions, changes or activities that affect the operations of the business; any other information that may possibly affect the outcome of the project. In the event of a failure to communicate any of the above, Kuka Studios cannot accept any responsibility for the outcome of the project.

Communication

Progress of the project will be communicated on a regular basis to the Client as detailed in the project brief. Additional meetings or other extra communication requested by the Client will be considered extra work and charged as such (see extra work).

Copy and Images - Intellectual Property

For content and graphical production, after two rounds of edits the client will be subject to an hourly billing.  After payment, the client owns the intellectual property and has full rights to use the content and graphics.  Designs may include stock art, photos, or illustrations created by someone else.  For any imagery provided by Kuka Studios, we will ensure that we have the right to use it for that purpose, but will not guarantee the use of it anywhere outside of work produced by us. Kuka Studios cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.  The Client is solely responsible for the legality of the final copy, including, but not limited to, use of testimonials, and any resulting matters of libel.  Kuka Studios will be held harmless from any copyright infringement that the customer provides to include as copy.

SEO - Website Alterations

All recommendations for Web site alterations, updates, amendments and additions must be carried out in order to ensure the success of the project. If any of the recommendations are not implemented, the success of the optimisation and Web site promotion process may be compromised. The consultant reserves the right to refuse to progress the project until such recommendations are implemented. It is essential that if the Web site has been developed by a third party company that their cooperation is obtained. This is the sole responsibility of the Client.

SEO - Search Engine Acceptance

Kuka Studios can make no guarantees that any specific search engine will accept or list the Client's Web site, in addition, Kuka Studios can take no responsibility for misrepresentation of the Client's company by a third party. However, every possible effort will be made by the consultant to ensure that the Web site is listed in the most appropriate manner and location.

Reviews

Reviews of progress are carried out as detailed in the project brief, any extra reviews requested by the Client are considered extra work and will be charged as such (see extra work).

Reports

Any reports including reviews will be presented in the Consultant's standard format unless the Client requests an alternative format. Any administrative costs incurred in such requirements will be charged at the Consultant's daily rate.

Fees

The fee for Website optimisation and search engine registration services are as per the product sheets. The fee for additional consultancy is £35 per hour.

Payment Terms

30 days from presentation of invoice. Late payment of invoices will be subject to an additional administration charge of £35 per week from the date of invoice. This charge is at the discretion of Kuka Studios. Failure to pay for work completed may result in completed work being reversed at the discretion of Kuka Studios.

Extra Work

Any work carried out in addition to the proposal will be considered extra work. Prior to any such work being carried out, a supplementary proposal will be issued and approved by the Client.

Acceptance

Instructions to commence the project and acceptance of the project brief includes acceptance of these terms and conditions. UK law applies.

Cancellation

In the event of cancellation by the Client prior to the completion of the consultancy, payment will be due for any work carried out pro rata to any activities or stages partly or fully completed as detailed in the project brief.

Changes

These terms and conditions may be subject to change at the discretion of the Consultant from time to time.

Complaints Procedure Informal procedure

Anyone who experiences a problem with their web service provided by Kuka Studios 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. Kuka Studios will approach the individual responsible for the material in question with a view to resolving the matter 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 Kuka Studios, 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 and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

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