The terms set out herein apply to the supply by Kuki Ventures Ltd of services to the Client and form part of the agreement between Kuki Ventures Ltd and the Client relating to such supply, unless overridden by agreement between Kuki Ventures Ltd and the Client. The client warrants that they are able to enter into this agreement and perform the obligations set out herein. Kuki Ventures cannot warrant that it’s hardware or software (Technology) will be free from fault or error but shall use all reasonable endeavours to rectify any fault or errors as soon as possible following detection.
- Fee rates are as quoted in the Kuki Ventures Ltd fee rate schedule, as revised from time to time. Rates are applicable to grades as shown and are based on a normal working week. Rates quoted are for the United Kingdom only and exclude expenses and VAT. (Please see Development & Design Fee Schedule)
- Invoices for fees and expenses are sent out monthly, in arrears, or on commencement and completion of development, for settlement within the stated terms within the contract. Kuki Ventures Ltd may charge interest of 4% per annum over Bank base rate from time to time on any outstanding invoiced sum not paid when due in line with UK and EEC Legislation. See www.payontime.co.uk for details. All Software licensing for Kuki Ventures products and services are paid for in two installments, 40% on acceptance of the order with the remaining 60% on completion of the work. Support and Maintenance is billed separately. (Kuki Ventures reserve the right to change the payments terms from time to time)
- Kuki Ventures Ltd assigns personnel on the basis of the Client’s requirements, as notified to Kuki Ventures Ltd. The personnel supplied by Kuki Ventures will use due care and skill in accordance with their levels of experience and qualification while carrying out their duties for the Client. The only warranties given by Kuki Ventures Ltd are those that are expressly stated in these Standard Terms. Any other warranties or conditions implied by law or otherwise are excluded to the extent permitted by law.
- Except in relation to any claim for death or personal injury arising from the negligence of Kuki Ventures Ltd, the liability of Kuki Ventures Ltd to the Client in connection with the supply of its services in any one year, shall be limited to the total fees payable by the Client to Kuki Ventures Ltd for the supply of such services during that year, reduced pro rata for periods of less than a year (and “year” means the year starting on the date when the services were made available to the Client, and subsequent years starting on anniversaries of that date).
- The Client shall not be entitled to any compensation for any claim against Kuki Ventures Ltd (save for any claim for death or personal injury arising from the negligence of Kuki Ventures Ltd) unless the claim was made:
- Within 21 days of the Client having become aware of the reason for the claim.
- Neither the Client nor Kuki Ventures Ltd shall be liable to the other party for loss (whether direct or indirect) of profits, business or anticipated savings or for any indirect or consequential loss (including without limitation, loss of programs and data).
- If any part or provision of these Standard Terms is prohibited or rendered invalid or unenforceable by any law or rule, such part or provision shall be of no further force, but this shall not affect the validity or enforceability of any other part or provision of these Standard Terms.
- Neither party shall be liable for failing to fulfill its obligations to the other to this extent that this results from any cause beyond its reasonable control. The party affected shall notify the other party in writing of the circumstances as soon as reasonably possible after they have occurred.
- Should the Client recruit a Kuki Ventures Ltd employee who has worked on behalf of Kuki Ventures Ltd for the Client within one year of the employee working for the Client, the Client will forthwith pay to Kuki Ventures Ltd twelve weeks’ fees as a recruitment charge at the rate being the full rate schedule of the employee charged by Kuki Ventures Ltd to the Client for the said employee (‘recruit’ means hire or engage permanently, on direct or indirect contract, or on any basis whatsoever).
- Copyright and other intellectual property rights in all work carried out on the Client’s behalf shall be the property of Kuki Ventures Ltd, including copyright and other intellectual property rights in both original and amended systems, programs and specifications.
- If the Client identifies any information as confidential when disclosing it to the personnel supplied by Kuki Ventures Ltd, such personnel shall not, without the Client’s agreement, disclose such information to any person except to the extent necessary to enable the personnel to perform their services for the Client. Information which is publicly available or available from sources other than the Client or Kuki Ventures Ltd (except due to breach of this term) shall not be treated as confidential.
- Acceptable Use Policy. In exceptional circumstances, Kuki Ventures may cancel or suspend the running of the Applicant’s website. Exceptional circumstances include, but are not limited to, the submission to Kuki Ventures of false or misleading information by the Applicant in an application for registration of a domain name; breach of this contract by the Applicant; situations where registration or the hosting/running of the website would, in Kuki Ventures’s opinion, put Kuki Ventures in breach of statutory or regulatory obligations or the terms of any court order; or where continued registration, hosting or operation of a particular domain name would conflict with Kuki Ventures’s policies on registration and use of domain names in the register of domain names which is in force at that time. The client indemnifies Kuki Ventures from any claims arising from the clients site content.
An Applicant understands that failure to supply true and correct data may result in Kuki Ventures canceling or suspending the running of their website without notice. If the Applicant does not pay the fees for the ongoing running of their website (including but not limited to license fees, web development fees, web hosting fees, domain registration fees, site authentication fees, marketing services whether through Kuki Ventures or its associated companies) within 60 days of the company’s invoice, Kuki Ventures may cancel or suspend the running of the website without further notice to the Applicant. If a website is taken offline for the non-payment of fees, it may be re-instated at a later date in the event of full payment of the invoice including any additional necessary costs associated with the collection of the outstanding amount.