Terms & Conditions

Revised as on January 19, 2008 Applicable to any Website. Listed below are the Terms & conditions and Disclaimer for KiwiWebTech’’s Webdesign / Hosting services. You can also download the PDF version here.

1. Content Guidelines:

I (the webmaster) shall not be responsible for the content of any customer’s web pages designed. The content is to be provided by the client and checked by the client. Web-Designer/Webmaster shall not be responsible for any loss, damage, legal issues or claims arising out of or as a consequence of the website. The Client agrees to ensure that all content has been reviewed by the client before it appears on the Site. The Webmaster is not responsible for any damage caused by loss of access to, or deletion or alteration of Client pages. On no account shall the Webmaster have any liability to the client for consequential, special, economic or indirect loss, for loss of savings or goodwill or for loss of revenue. The Webmaster creates Client web pages but makes no implied or express warranties about the reliability of these pages. The Client specifically agrees that the Webmaster is not liable for any conduct by client’s associated with the Site, including, but not limited to, client’s web pages, client’s profiles, surveys, chat rooms or message boards or activities carried by the clients or content providers. The Client agrees not to include any electronic mail postings or web page content (together “Postings”) that contains any of the following material. 1.1 Content that is NOT accepted:

  1. Material that defames / abuses or threatens others.
  2. Any content violating the terms of Information Technology Act of India. Visit http://www.mit.gov.in for detailed information on Indian Cyber Law.
  3. Material that is not legally allowed as per ICANN and WIPO guidelines.
  4. Material that advocates illegal activity.
  5. Material that contains obscene content.
  6. Statements which are bigoted, hateful or racially offensive.
  7. Pages that exploit the images of children less than 18 years of age.
  8. Relating or Promoting Pornographic sites, Casino Gambling or other Criminal content.
  9. Distribution of any other material that may involve a breach of copyright. (for example, music)
  10. Web master does not accept designing websites that COPY other Trademarked websites or have intention to grab or steal traffic from other sites with an illegal perspective or with an aim to defame, hurt, abuse, and/or create any loss to some other third party website. For example, I would not create a site that is a replica of Google which intends to mislead or confuse or drive their visitors. This is not legal and therefore not accepted.
  11. Making available tools, which can be used primarily for “cracking” software (this does not include tools that have legitimate uses for software developers, system administrators, etc.)
  12. Pages that exploit the images of children less than 18 years of age.
  13. Advertising or any form of commercial solicitation other than advertising in accordance with any applicable advertising standards and codes of conduct in connection with the Clients web site.

1.2 The Client agrees to ensure that all content has been reviewed by the Client before it appears on the Site. 1.3 The Webmaster reserves the rights to delete any page or content that is deemed violating the terms.

2. Updating the Website:

2.1 How to update, correct, or delete information Customers can contact me by email to update pages. DO NOT SMS changes. Avoid sending long SMS. There may/may not be additional charges for each updation or change in content of your website. Additions of any kind, text, graphics, or other media are charged separately. Additions or Updates that are subject to additional charge are completed after they are paid for. What all do you need to mention in the UPDATE Request Email: - The complete URL of the page & Section of the website. Next mention the content that has to be changed. Please mention the entire content. - The NEW content that you want to show. Please do not mention, this paragraph is wrong or there is mistake in line 3 etc. Simply correct the changes and send the matter that you want to show instead. As for links you can clearly write what the link points to and what it should be. Please be more elaborative wherever required. 2.2 What comes under Updation Request and Addition Request? 2.2.1 Any change to an existing or submitted /designed / formatted or displayed content, which is not a part of an initial product sample. 2.2.2 Dividing content into more than one page is not only considered an update – but also an Addition Request, which may be charged additional. Here we have to add content and also change the Existing Content. 2.2.3 Changing content on a recently updated page is also considered Another UPDATE. Unless there is a minor change in grammar, English or use of words in particular paragraph only. 2.2.4 Reverting to old pages once updated is considered as Further Change or addition as the case maybe. Removal of page or content itself is an update can be charged additionally- as this will involve change in all the linked pages, and is a part of site renovation in a manner. 2.2.5 I do NOT take any backup of the old pages nor do I send old pages by email etc. once they are updated. 2.2.6 You are shown a template to choose, Later, based on content and the time after your site launches and you may need to customize or add more features. This is a re-vamp and redesign, not an update. Change of layout or template is RE-DESIGN and NOT just an update. All this will be done at additional cost only. If you ask for a feature that is not possible, you may wish to terminate the contract. In such cases there is NO refund whatsoever. 2.2.7 Addition of any extra feature, like form email, hit counter, web statistics is done at additional cost. Such features may be further charged by the API provider, Content Provider or Hosting Service Providers or respective third party. I do not guarantee that the said feature will work properly or will be free from errors. Third party feature issues are to be dealt with directly by them and yourself.

3. Mandatory Link back:

Every site designed has to have a mandatory link back with a mention of Webmaster’s Name. Furthermore, if you obtain any additional services like email hosting, DNS tools, Corporate Presentations, Consultancy etc. you are bound to have a link back and mention of our Name & Contact info of any associated third party if they demands so, on all the pages as footer/highlighted line/paragraph. This also applies to the credentials page/slides.

4. Regarding Source Code:

Under no circumstances will any client get the source code. This is to protect my intellectual property interest and identity from other niche designers who COPY our styles and sell it further under their banner. You agree to abide by this clause and also agree that you shall not approach any legal entity, attorney, court or arbitration to claim the source code.

5. Payment Guidelines:

5.1 There is NO trial period. 5.2 Payment is taken in advance. Once a payment is made, there shall be no refund in cash or alternative materialistic products whatsoever. There is no refund even if you cancel your contract. If your payment is not received, I reserve the right to show a Payment Reminder/Payment Pending notification message on any or all of your web-pages and/or block the website completely to resolve. Such an action may be taken without any early intimation to you. This shall be removed ONLY after realization of your payment. If a service is changed from free to paid, it becomes unavailable immediately and is enabled after the payment is made for. I am not responsible for damages, losses etc arising out of or in due course.

6. Web-designing / Development Support:

Support by email is provided. More in depth support advice services, such as Online Chat support or telephone support and on-site training are subject to additional terms and payment only if acceptable. I am not bound to provide support other than email or verbal guidance which is not regular interruption to my existing work schedules. Availability of support via telephone and chat is subject to prior appointment/notification and confirmation by email or telephone. Timings will be decided by the Web master, which can be adjusted if feasible. There may be a timeframe given to resolve issues or get updates or changes done which you are bound to accept as the Support & Update Terms and Conditions.

7 . Indemnity:

The Client agrees to indemnify the Web Designer and any third-party information provider against any and all claims and expenses, including legal fees, arising from the Client’’s use of the Site. This expressly includes: client’’s responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights / any libelous or unlawful material contained within Client’s web pages, profiles, or Postings.

8. Termination:

Web-Designer may terminate the Deed and any and all information, communications, Postings, or web pages at any time, without notice, for conduct that violates these Terms & Conditions or other policies or guidelines set by Webmaster. Webmaster may terminate Clientship and delete any and all information, communications, Postings, or web pages for online conduct that we believe is harmful to other Clients, the business of the Company, or other third-party information providers. No refund of payments will be offered on a termination of Service, save that where the Webmaster terminates a Clientship on grounds not resulting from a fault of the Client. Webmaster at his sole discretion refund a part of the price paid for the Clientship as the he considers reasonable in the circumstances.

9. Force Majeure:

If and to the extent that the Webmaster is hindered or prevented by circumstances not reasonably foreseeable or beyond its reasonable control from performing any of its obligations under this Agreement then it shall be relieved of its liability to the Client for failure to perform such obligations.

10. Notice:

All notices under this Agreement shall be in writing, sent by [telex, facsimile, email, courier] to the notices sent by receiving party at such address as has been notified to the other party. In the case of notices sent by telex, facsimile or email the date of service shall be deemed to be the day on which the notice was transmitted, subject to a satisfactory transmission being obtained.

11. Privacy:

11.1. The webmaster will keep confidential any information it holds about a Client which is of a confidential nature and not supplied for inclusion on the Site. The Web-Designer reserves the right to distribute aggregated demographic information provided by Clients, but will not release the name or other personal information about a Client unless the Client gives its permission or it is required to do so by law or other competent authorities or this is required in the course of its administration on the Site. 11.2. The exchange between the Webmaster and the Client of information such as passwords or electronic mail may not be secure given the current state of the Internet. If you are given any passwords etc. you are encouraged to change the same. 11.3. Postings and other communications with the Webmaster in the Clientship area of the Site are not private and may be published and edited at the discretion of the Webmaster.

12. Entire Agreement

These Terms & Conditions constitute the entire agreement between the parties with respect to their subject matter and supersede any other agreement, proposals and communications, written or oral, between the Webmaster and the Client. The Webmaster may amend or supplement these Terms & Conditions at any time on notice to the Client. The same is available on the webmaster’s website.

13. Limitations of Liability and Warranty

13.1. The Client agrees that the use of the Site is entirely at the Client’’s own risk.

  • The Site is provided on an “as is” basis without warranties of any kind, either express or implied.
  • Neither the Webmaster nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.
  • The Webmaster and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the site and are not responsible for:
  1. Any errors or omissions arising from the use of such information;
  2. Any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or
  3. Any losses or damages arising from the use of the content or services provided by the Site.

13.2. On no account shall the Webmaster have any liability to the Client for consequential, special, economic or indirect loss, for loss of savings or goodwill or for loss of revenue. The aggregate liability of the Webmaster to the Client arising in any calendar year in connection with the Site shall not exceed 40% of the sums passed by the Client to the Webmaster in that year in respect of the Site. Nothing in these Terms & Conditions shall limit or exclude the liability of the web designer for death or personal injury due to its negligence. 13.3. The Client specifically agrees that the Webmaster or third-party content providers are not liable for any conduct by Clients associated with the Site, including, but not limited to, Client web pages, Client profiles, surveys, chat rooms or message boards.