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Legal
information for KavW Clients
The
following "Terms and Conditions" details the relationship between
Kavin Windsor (referred to as KavW in this document), and
the client, regarding design work and the authoring and placement
of World Wide Web (WWW) pages.
TERMS
& CONDITIONS
PLACEMENT
OF WEB PAGES.
| 1. |
The
term "pages" refers to 'WWW', 'Web', or 'Home' pages specifically
authored for the World Wide Web as accessed through the
Internet or any other computer networks capable of providing
access to the World Wide Web.
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| 2. |
The
term "placement" refers to the placing of pages in a 'Web
server' directory such that the pages are publicly accessible
and possess a unique Uniform Resource Locator (URL) address.
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| 3. |
KavW
does not make any guarantees regarding placement, or that
placement will occur on any specific date or dates.
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| 4. |
At
no time does KavW promise or imply that we guarantee
clients website a certain rating in the search engines. |
ERRORS
AND LIABILITIES.
| 1. |
KavW
will use it's best endeavours to ensure pages authored by
KavW are free of errors.
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| 2. |
KavW
may not be held responsible for any errors that may arise
in the course of authoring any pages.
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| 3. |
KavW
does not accept any liability for losses or damage arising
from errors within any page or if pages are not placed.
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| 4. |
KavW
makes no warranties of any kind, whether express or implied,
for the services it provides. |
PERMISSIONS
AND COPYRIGHTS.
| 1. |
The
client will obtain all the necessary permissions and authorities
in respect of the use of all copy, graphics, registered
company logos, names and trademarks or any other material
supplied by the client.
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| 2. |
Every
order placed by the client shall be regarded as a guarantee
by the client to KavW that all such permissions and
authorities have been obtained. Evidence of permissions
and authorities may be requested.
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| 3. |
No
responsibility will be accepted by KavW for damages
to or losses incurred by the client from the use of material
for which the required permission or authority has not been
obtained.
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| 4. |
All
original graphics designed and supplied by KavW,
remain the property of KavW, until the client's account
has been paid in full, at which time ownership and copyright
of said graphics will reside with the client, with the exception
of original logos (see #5).
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| 5. |
Any
original logo designed by KavW specifically for the
client's website remains the property of KavW and may
not be used or reproduced for any other purpose without written
permission of KavW. An extra fee will apply if the
client wishes to purchase ownership and copyright of the logo
(see pricing for Logo Design) for use in any other advertising
medium. |
WEB
PAGE CONTENT.
| 1. |
KavW reserves the right to append a hyper-link to KavW's
website on the index page of the client's website, except
where KavW is sub-contracted by a third party company
to design and implement a website. In that instance the third
party company may append their hyper-link.
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| 2. |
Clients
are required to ensure that the content of their page meets
all the current legislation in their country regarding publications.
The client shall further indemnify KavW in respect
of any claims, costs, or expenses that may arise from any
material included in their pages authored or placed on their
behalf by KavW.
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| 3. |
KavW
reserves the right to refuse material supplied by the client
if KavW deems it offensive or inappropriate.
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| 4. |
All
required text must be supplied by the client prior to completion
of first draft. If additional text is supplied after completion
of first draft, KavW reserves the right to charge an
extra fee (referred to as "Author's corrections"). |
QUOTES
& ESTIMATES.
1.
All quotes and estimates supplied by KavW are valid for
thirty (30) days only. If no order is placed within thirty days,
a new quote or estimate must be obtained.
POST-PLACEMENT
ALTERATIONS.
| 1. |
KavW
cannot accept responsibility for any alterations caused by
third party action occuring to the clients pages once placed.
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| 2. |
Such
alterations include, but are not limited to, additions, modifications,
or deletions. |
WEB
SITE MAINTENANCE.
| 1. |
KavW
will perform regular website maintenance, if requested, for
a monthly fee.
This includes:
- Ensuring the website is functioning properly
(hyperlinks, image loading etc).
- Regular updates of existing text within
reason (up to one page per week).
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| 2. |
All
other additions (additional text, pages, photos, tables etc)
will be charged at the rate of $50.00 per hour or part thereof,
with a minimum charge of one (1) hour. |
CANCELLATIONS.
| 1. |
Cancellations
of orders for authoring or design work may in the first instance
be made by telephone, but must be confirmed in writing or
by e-mail within ten (10) working days.
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| 2. |
The
client will be invoiced for any authoring or design work completed
to the date of first notice of cancellation, for payment in
full within seven (7) days.
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| 3. |
The
full quoted amount of the order must be paid if the cancellation
is not received in writing or by e-mail within ten (10) working
days of first notice. |
PAYMENT
TERMS.
| 1. |
Orders
may be placed in the first instance by telephone, and must
be confirmed in writing or by e-mail before work will commence.
The letter or e-mail must contain details of the agreed work
and price, and the client must confirm their acceptance of
these Terms and Conditions.
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| 2. |
The
client will be invoiced fifty percent (25%) of the total agreed
price upon placement of the order. KavW requires that
this amount be paid before work commences.
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| 3. |
The
client will be invoiced for the balance owing on completion
of the work. KavW requires the client to pay the full
final
agreed total within seven (7) days from the date of invoice.
Payment for the work must be recieved in full before the pages
are placed on a web server by KavW or artwork is made
available to the client.
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| 4. |
KavW
reserves the right not to place pages or provide finished
artwork until final payment is received.
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| 5. |
Any
invoice that remains unpaid ten (10) days after its due date
will be assessed a surcharge of AUD$20.00. If an invoice remains
unpaid thirty (30) days after its due date, an additional
five percent (5%) penalty will be incurred. A further five
percent (5%) penalty will apply for each month thereafter
that the invoice remains unpaid.
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| 6. |
Payments
should be made by cheque, made out to "Kavin Windsor",
or by cash. Orders made by overseas customers must be paid
in Australian dollars by bank draft or telegraphic transfer.
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| 7. |
In the event that invoices remain unpaid after thirty (30)
days, KavW will perform no further work for the client
until payment is made in full.
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| 8. |
Receipts
will not be issued on payment of invoices unless specifically
requested by the client.
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| 9. |
All
prices quoted are inclusive of GST for Australian Residents. |
ACCEPTANCE
OF TERMS AND CONDITIONS.
Before work will commence, the client must sign a contract outlining
the proposed work and confirming their acceptance of these Terms
& Conditions.
ALTERATIONS
TO TERMS AND CONDITIONS.
KavW
reserves the right to change, at any time, these Terms and Conditions.
COPYRIGHT
NOTICE
Copyright
© 2002 KavW. All rights reserved.
TRADEMARKS
 ,
KavW and images taken from the animated graphic are trademarks
of KavW. All rights reserved.
Any
rights not expressly granted herein are reserved.
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