All services provided by K2Media to the client are subject to the following terms and conditions:
- Acceptance – all new clients must provide a signed statement at the time of submission of work to K2Media indicating agreement to and acceptance of these Terms and Conditions
- Charges – all page design services require and advance payment of a minimum of 30% of the invoice total before the work is supplied to the client for preview. Quotes for custom services will be provided after evaluation of the requirements submitted by the customer. K2Media reserves the right to charge the rate for services with ten (10) days advance notification to the customer
- Payment – The customer may elect to receive either email or hard copy of invoices. Invoices are due on receipt. Accounts that remain unpaid fifteen (15) days after the date of invoice will be assessed a service charge in the amount of one and one-half percent (1.5%) per month of the total amount due.
- Completion of Work – K2Media agrees to work on the client’s project until the client is satisfied, as long as the requested changes are in line with the initial brief. After that, changes will be charged at [$55] an hour.
- Default – accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the customer in default maintains any information or files on K2Media or the clients nominated web space, K2Media will, at its discretion remove all such material from its web space. Removal of such material foes not relieve the customer of its obligation to pay any outstanding charges assessed to the customer’s account. Cheques returned for insufficient funds are assessed a return charge of $25 and the account is immediately considered to be in default until fill payment is received. Customers with accounts in default agree to pay K2Media reasonable expenses, including attorney fees and costs for collection by third party agencies, incurred by K2Media in enforcing these Terms and Conditions.
- Termination – Termination of services by the customer must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination will not be honoured.
- Legal Restrictions – K2Media services may be used for lawful purposes only. Submission, transmission or maintenance of any information of materials in violation of any Australia or International laws is prohibited. This includes, but is not limited to, material legally judged to be threatening or obscene. K2Media reserves the right to refuse service to the customer without providing reason or cause.
- Copyright – Customer retains the copyright to data, files and graphic logos provided by the customer, and grants K2Media the rights to publish and use such material. Web applications: The customer must obtain permission and rights to use any information or files that are copyright by a third party; this includes images. The customer is further responsible for grating K2Media permission and rights for use of the same and agrees to indemnify and hold copyright permissions. K2Media will not take responsibility for information or data loaded to your account. You must check all information and data, which is loaded. All work generated which includes artwork, codes, and/or strategies will always be an intellectual property and shall remain the property of K2Media. K2Media reserves the right to brand all designs with their logo and or motto.
- Indemnity – the customer agrees to indemnify and hold harmless K2Media from any and all claims resulting from the customer’s use of K2Media services which cause damage to the customer of a third party.
- Disclaimer – K2Media makes no warranties of any kind, whether express or implied, for all services it provides. K2Media also disclaims any warranty of merchantability or fitness for a particular purpose. K2Media will not be responsible for any direct, indirect or consequential damages, which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. K2Media reserves the right to terminate your account where you have made inappropriate or unreasonable use of services provided by K2Media. Inappropriate or unreasonable includes providing copyrighted materials without authorisation, providing obscene or offensive materials (e.g. pornographic materials), providing materials whose nature and/or volume compromises the ability of K2Media servers to serve other user’s web presence (instances including but not limited to: unreasonable consumption of disk space, internet link bandwidth, CPU, and memory usage as determined by K2Media), materials that violate the commonly accepted etiquette of the internet or providing materials that are deemed by the proper authorities as inappropriate or illegal. Any such determinations will be binding on the customer not K2Media.
- All work undertaken by K2Media will be finished within 3 months of acceptance of these terms & conditions unless otherwise discussed. Any changes by the client after this time will incur a fee of $55 per hour.
K2Media is not responsible for any interruption of service beyond its control, and accepts no liability for any loss of services, sales, or any other form of loss.
“Spamming” or any type of UCE (unsolicited commercial email) is strictly prohibited, and the customer’s account may be closed immediately if the customer is found to be doing so.
K2Media reserves the right to alter these terms and conditions at any time and without notice.
General – these Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. The customer’s signature in the “order confirmation page” constitutes agreement to and acceptance of these Terms and Conditions.