Definition

KAYNETT refers to Primary designer/site owner & employees or affiliates. The Client refers to The Company or individual requesting the services of KAYNETT.

General

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

Website Design & Development

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, KAYNETT 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 KAYNETT until all outstanding accounts are paid in full.

Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by KAYNETT remain the copyright of KAYNETT and may only be commercially reproduced or resold with the permission of KAYNETT. KAYNETT 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 briefs provided will be carried out at the discretion of KAYNETT and where no charge is made by KAYNETT for such additions, KAYNETT accepts no responsibility to ensure such additions are error-free and reserve the right to charge an according to an amount for any correction to these or further additions. The client agrees to make available as soon as is reasonably possible to KAYNETT all materials required to complete the site to the agreed standard and within the set deadline. KAYNETT will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

KAYNETT 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. eg. Any disputes re-content/images that have been provided to us for inclusion on the site. KAYNETT 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.

KAYNETT 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 non-refundable deposit of 50% is required with all of our projects before any design work will be carried out. 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. Once full payment is received for a website, it is assumed that the project has been completed to the clients’ satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Database, Application & E-commerce Development

KAYNETT 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, applications or software (unless specifically agreed) written by KAYNETT remain the copyright of KAYNETT and may only be commercially reproduced or resold with the permission of KAYNETT.

Where applications or sites are developed on servers not recommended by KAYNETT, 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 client’s 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 KAYNETT before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, KAYNETT will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Compatibility

KAYNETT will endeavour 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 10 (and above) and to an acceptable level with main browsers. KAYNETT can offer no guarantees of correct function with all browser software.

Website Hosting Options

Whilst KAYNETT gives an option to the client to subscribe to KAYNETT’s own web hosting service, it also recommends other hosting companies to host websites or, no guarantees can be made as to the availability or interruption of this service by KAYNETT 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. KAYNETT 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.

Website Optimisation

Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites. KAYNETT reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment Of Accounts

A deposit is required from any new client before any work is carried out. It is the KAYNETT policy that any outstanding accounts for work carried out by KAYNETT 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 KAYNETT. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full.

KAYNETT 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 KAYNETT 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. 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.