1. Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. Charges
Charges for services to be provided by Khay Digital are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. Khay Digital reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of twenty (20) percent or MUR 3,000, whichever is greater, of the project quotation total before the work is supplied to the Client for review with the remaining eighty (80) percent, or quotation minus MUR 3,000 deposit, of the project quotation total due upon completion of the work, or after 30 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.
3. Client Review
Khay Digital will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed.
Our project fees include two rounds of minor revisions/refinements to the chosen design proposal concept. Requests for further revisions/refinements or additional design concepts will be subject to additional fees.
At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Khay Digital otherwise within ten (10) days of the date the materials are made available to the Client.
4. Turnaround Time and Content Control
Khay Digital will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Khay Digital receiving initial payment, unless a delay is specifically requested by the Client and agreed by Khay Digital.
In return, the Client agrees to delegate a single individual as a primary contact to aid Khay Digital with progressing the commission in a satisfactory and expedient manner.
During the project, Khay Digital will require the Client to provide website content; text, images, movies and sound files etc. to populate the website.
5. Failure to provide required website content
Khay Digital is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as a result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do it before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above conditions say do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
If you are commissioning a CMS website you will be provided with a content management system, namely WordPress, so that you are able to keep your content up to date yourself.
6. Invoice & Payments
Work-in-progress will be invoiced based on the completion of each segment (if any) of the project. In the event of cancellation or suspension of the project by the client, all costs incurred to date will be invoiced.
Invoices will be provided by Khay Digital upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a late payment penalty charge in the amount of the higher of ten percent (10%) of the total amount due or MUR 750 per day, whichever is greater.
We accept payment by way of Direct Bank Transfer, MCB Juice or Paypal (where applicable). Payment details will be included in invoices.
7. Default
Accounts unpaid forty (40) days after the due date of invoice will be considered in default. If the Client in default maintains any information or files on Khay Digital’s Web space, Khay Digital will, at its discretion, remove all such material from its web space. Khay Digital is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Khay Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Khay Digital in enforcing these Terms and Conditions.
8. Additional Expenses
Any additional works that do not form part of this agreement will be subject to additional charges. Khay Digital will notify the client of any additional fees prior to commencing the additional work. Examples would be purchase of special fonts, stock photography, stock video, plugins etc. This payment will be required prior to the purchase of the additional required materials.
9. Web Browsers
Khay Digital makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that Khay Digital cannot guarantee correct functionality with all browser software across different operating systems.
Khay Digital cannot accept responsibility for web pages which do not display acceptably in obsolete versions or new versions of browsers released after the website have been designed and handed over to the Client. As such, Khay Digital reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
10. Termination
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design and/or development work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
11. Indemnity
All Khay Digital services may be used for lawful purposes only. You agree to indemnify and hold Khay Digital harmless from any claims resulting from your use of our service that damages you or any other party.
12. Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Khay Digital the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Khay Digital permission and rights for use of the same and agrees to indemnify and hold harmless Khay Digital from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or development shall be regarded as a guarantee by the Client to Khay Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
13. Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Khay Digital to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
14. Design/Development Credit
A link to Khay Digital will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than MUR 60000, a fixed fee of MUR 5000 will be applied. The Client also agrees that the website developed for the Client may be presented in Khay Digital’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Khay Digital must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Post-Placement Alterations
Khay Digital cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
17. Domain Names
Khay Digital can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Khay Digital. The loss, cancellation or otherwise of the domain brought about by non or late payment by the client is not the responsibility of Khay Digital. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
18. Web Hosting
Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.
It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.
All renewals must be paid by seven (7) working days prior to the expiry date. Khay Digital will not be responsible for issues relating to delayed payment.
Hosting are on shared and non-shared servers hosted via third party providers. Khay Digital ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
In case of a malware attack, Khay Digital reserves the right to delete files on the hosting service without giving any prior notice.
19. Web Hosting – Cancellation/Termination
Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.
If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. Khay Digital will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
20. Web Hosting – Emails
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.
Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
Khay Digital offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
Hosting are on shared and non-shared servers hosted via third party providers. Khay Digital ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
21. Website Maintenance – Web-Care
Khay Digital shall provide Client with maintenance to the website for mentioned time period within this contract. Our maintenance plan includes all the task listed earlier in this proposal. Any additional tasks that do not form part of this agreement will be subject to additional charges. Khay Digital will notify the client of any additional fees prior to commencing the additional task.
During the duration of this contract, the Client agrees that Khay Digital will be the sole provider of maintenance services for the web site, and no other party will have access to or rights to change the web site. If a party other than Khay Digital makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate specified above. Minor changes should not exceed more than 20% of the content on any single site page.
22. Website Maintenance – Web-Care – Payments
The subscription will be paid on a monthly, quarterly or yearly basis with the 1st payment due as soon as initial work is complete or at the start of the maintenance work or period in order for the retainer to be considered as valid and each payment due around the date of 1st payment of each month or period.
23. Website Maintenance – Web-Care – Cancellation/Termination
Termination for web-care/maintenance requests by the client must be sent in writing or by email one month prior to the expiry of commitment period.
Termination within the commitment period for monthly & quarterly will result in termination fees equivalent to one extra month or half of the quarterly fee.
Termination for yearly subscriptions before half of the period will result up to a 50% refund of that remaining period. Termination for yearly subscriptions after half of the period has been served will result in a refund of of up to 30% of the remaining period.
In case of unsettled invoices into the period of maintenance/web-care plans has exceeded more than 7 days for monthly subscription, 14 days for quarterly subscription and 28 days for yearly subscriptions respectively; and the client failed to update or provide written notice that payment for renewal will be delayed, Khay Digital reserves the right to terminate the subscription plans and collect payment for the number of days mentioned for each subscription period respectively.
24. General
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s acceptance via email, text or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
25. Governing Law
This Agreement shall be governed by The Constitution of the Republic of Mauritius.
26. Liability
Khay Digital hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of Khay Digital to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
27. Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
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