Kraft webHome ®
TERMS AND CONDITIONS
1. Provision of
1.1 This and the following clauses are
the General terms and conditions on which those services are supplied and
together with the contract or as agreed.
2. Costs and
2.1 You must pay all charges as set out in the contract or as agreed. As
prices quoted on Royal Kraft webHome ® Design material may change at any time
without notice, please check the price on your contract or agreement
before confirmation. Failure to make payments on assigned date can result
in Rs 1000 per day and if payment arrangements are not made, Royal Kraft
reserves the right to take further actions Ex: Debt Collectors, Solicitors
2.2 You will remain liable for all fees during any period when Services
have been discontinued or suspended due to a failure on your part to
comply with these terms and conditions.
2.3 You will be invoiced as agreed in your contract or as agreement .All
accounts are payable before delivery of final artwork or uploading of
final files to live sites or agreed payment conditions.
2.4 You must pay Royal Kraft webHome ® charges without any set off, counter
claim or deduction unless agreed in writing between two parties.
2.5 Royal Kraft webHome ® reserves the right to prioritize early paying clients
and to charge urgency fees for turnaround within 3 working days.
2.6 Agreed Costing is conditional on your supplying data required for a
Website Stage or completion deadline agreed within 10 working days of
confirmation of Order. Royal Kraft webHome ® reserves the right to revise
costing if that condition is not met in line with charges applying at the
2.7 Any files or website design will not be delivered to the clients in
any case. Payment by cheque will entail waiting for clearance before
supply of website. Construction
files remain the property of Royal Kraft webHome ® unless arranged otherwise.
2.8 Any amendments after completion of website/ Project will incur further
2.9 If client want to discontinue the hosting service with Royal Kraft
webHome ®, Construction files remain the property of Royal Kraft webHome
3.1 All terms conditions, warranties, undertakings inducements and
representations, whether express or implied, statutory or otherwise
relating to the provision of services by Royal Kraft webHome ® not contained in
the Agreement are excluded and Royal Kraft webHome ® WILL NOT ACCEPT LIABILITY
FOR ANY LOSS OR DAMAGE (INCLUDING CONSEQUENTIAL LOSS OR DAMAGE) HOWEVER
CAUSED (WHETHER BY NEGLIGENCE OR OTHERWISE) WHICH MAY BE SUFFERED OR
INCURRED OR WHICH MAY ARISE DIRECTLY OR INDIRECTLY with respect to the
3.2 Where any applicable legislation implies any term, condition or
warranty into the Agreement or in respect of Royal Kraft webHome ® relationship
with you, or otherwise gives you a particular remedy against Royal Kraft
webHome ® and the legislation or any other legislation renders void or
prohibits provisions excluding or modifying the application of, exercise
of, or liability under such implied term, condition, warranty or remedy
will be deemed to be included in the Agreement or as the case may require
apply to the relationship between Royal Kraft webHome ® and you. However,
Royal Kraft webHome ®’s liability for any such breach of such implied
term, condition or warranty or under such remedy, will be limited, at
Royal Kraft webHome ®’s
option, in any one or more of the ways permitted in that legislation,
including, where so permitted if the breach relates to Services the
supplying of those services again or the payment of the cost of having
those Services supplied again.
3.3 You acknowledge that web sites cannot be guaranteed to be 100% error
free in construction and acknowledge that the existence of errors falling
short of a complete failure of consideration in the site shall not
constitute a reason to terminate this agreement.
4. Suspension of Services
4.1 Royal Kraft webHome ® reserves the right to suspend services in any case
where you fail to perform your obligations under this agreement. If
payment for services is not received within the terms of payment
stipulated by us websites may be taken down until payment is confirmed.
4.2 Royal Kraft webHome ® may from time to time and without notice or liability
to you suspend any of the services if the reason for doing same is an
event beyond the reasonable control of Royal Kraft webHome ®.
5.1 Royal Kraft webHome ® may discontinue services if an amount payable to
Royal Kraft webHome ® Design is overdue or take down a website permanently in
any case where an amount payable is overdue by more than 7 days. In any
such event, you remain liable for the total cost of the contract including
all disbursements; unless otherwise agreed between the parties.
6. Contents of Web Pages and Undertakings
6.1 You will be solely responsible for the content of your Web
Page/undertakings. Royal Kraft webHome ® is not responsible for proofreading any
content unless specifically agreed.
6.2 Royal Kraft webHome ® makes no representations to you concerning the content
or functionality of your Web Site. This is your responsibility to ensure
that it meets your requirements.
6.3 If you provide Royal Kraft webHome ® with goods, material, photographs,
film, data or information to be used in any form, you hereby warrant that
these do not infringe the rights of third parties and indemnify Royal
Kraft webHome ® against any action taken against
Royal Kraft webHome ® by any such
6.4 Without limiting the
generality of the foregoing, you agree not to infringe the copyright
trademark, privacy or personal or proprietary rights of third parties,
supply libellous, abusive, obscene material or disparage the products or
services of any third party.
6.5 Royal Kraft webHome ® for its part hereby undertakes not to knowingly
infringe the rights of third parties in activities conducted on your
6.6 You are solely responsible for dealing with persons who access your
data or webpage and warrant that you will not refer complaints or
inquiries in relation to such data to us.
7. Technical Support, Changes and Maintenance
7.1 Technical assistance for minor issues can be resolved via
however Royal Kraft webHome ® should also receive an email if queries are taking
more than 15 minutes to deal with.
7.2 If Royal Kraft webHome ® cannot provide over the phone assistance please
forward an email in regards to your concerns, so that the problems can be
8. Web Hosting
8.1 If you choose to organise your web hosting arrangements yourself,
any files or website design will not be delivered to the clients in any
8.2 Please note that Royal Kraft webHome ® accepts no responsibility for delays
or down time, breakdowns or data loss caused by Internet Service Providers
8.3 Royal Kraft webHome ® not liable for renew of domain names. If the domain names
are already registered with another registrar/company/firm or any other
9. Dispute Resolution
9.1 The parties agree that if any dispute should arise under this
agreement, attempts in good faith by both parties will be made to resolve
the matter fairly before resorting to court procedures. In doing so, each
party agrees to use its best endeavours to:
1. Clearly communicate in writing via emails, the
background facts leading to or causing the dispute
2. Set out clearly what action is required to
settle the dispute.
3. Select a way of resolving the dispute and
explain why that way of resolving the dispute can be said to be a fair
4. Discuss specific means of avoiding such
disputes in the future
9.2 Attempts to resolve the dispute must follow the following procedure:
a) The person complaining shall set out in writing the
background, the issues and the outcome desired.
b) The person to whom the complaint is addressed will
reply in writing within 10 business days to each issue in dispute setting
out its perspective on the issue and the
c) If the dispute is not resolved in accordance with
this exchange of written issues and outcomes, then the complainant will
raise the matter with a neutral professional
adviser or Alternative Dispute
Resolution (ADR) provider listed in a relevant publication of the
Department of Workplace Relations and Small Business or similar
government department within 10
d) If the dispute is not resolved in accordance with
such reference, the matter shall be referred to a single agreed arbitrator
within 10 business days; whose decision
shall be final.
e) In the case of disagreement on the appointment of a single
arbitrator, then the parties shall be entitled to nominate one independent
arbitrator with 7 days of
disagreement and a coin will be tossed by an
independent person to decide which will act as arbitrator of the dispute.
f) Action taken to settle the dispute at each stage
must be undertaken promptly and the parties shall equally share the costs
associated with the dispute settlement
10. Intellectual Property
10.1 All creation files remain the property of Royal
Kraft webHome ®.
10.2 Royal Kraft webHome ® retains the Copyright in and the right to use all
artwork created in advancing the profile of Royal Kraft webHome ® and to be
recognized for artwork created by Royal Kraft webHome ®.
10.3 Royal Kraft webHome ® shall be free to reproduce, use, disclose display
exhibit, transmit, perform, create derivative works, and distribute any
item from your Web Page unless specifically agreed otherwise. Further,
Royal Kraft webHome ® shall be free to use any ideas concepts know-how or
techniques acquired in construction of sites for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing
products and other items incorporating such information unless
specifically agreed otherwise.
10.4 Royal Kraft webHome ® observes Privacy Laws and Guidelines relating to
11.1 If any of these terms and conditions (or part of them) is void or
unenforceable, it is taken to be removed and no longer forms part of the
Agreement between us. The remaining terms and conditions remain in full
force and effect.
11.2 Written communications between us may take the form of letters,
formal documents, faxes or emails.
11.3 Royal Kraft webHome ® may require a personal guarantee from the director of
a company in cases where files/artwork is required before payment.
11.4 Business hours are 9am to 5pm (Monday to Friday), further charges
will apply if work is done on Saturday and Sunday.
11.5 Royal Kraft webHome ® reserves the right to disconnected the webHome service, If
renewable payment is not paid before due date.
11.6 If client decide to cancel services with Royal Kraft webHome ®, Royal
Kraft webHome ® reserves the right to withhold client website for Portfolio
11.7 Fixed 46.00 conversation rate for India would be applied whether the
conversation rate is higher or less.
The customer also agrees that Royal Kraft webHome ® holds no responsibility for
any amendments made by any third party, before or after a design is
published .Royal Kraft webHome ® expects the Client to perform researching on
their company name to be sure the name is not already in use and securing
a trademark or service mark to protect the Client's legal rights to any
name or image. Royal Kraft webHome ® is not and will not be held responsible for
any legal action that may result from improper due diligence on the
availability of a company name or image.
*Terms and conditions are subject to change at any time without notice.
This does not affect your statutory rights*
Royal Kraft webHome ®. All right reserved