Terms & Conditions
Last updated: 11.03.2021
Kool Panda Digital is a trading name of koolpandadigital.com Correspondence office: Unit 7613, PO Box 6945, London, W1A 6US
The client is engaging Kool Panda Digital, as an independent contractor for the specific web or graphic design project of developing and/or improving a web site or creating a graphic design. If required to perform services the client hereby authorises Kool Panda Digital to access relevant email and hosting accounts and authorises the Hosting Service to provide Kool Panda Digital with “full access” to the client’s account and any other programs needed for this web design project.
2. Copyright and Trademarks
The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Kool Panda Digital for inclusion in the web or graphic design project are owned by the client, or that the client has permission from the rightful owner to use each of these elements. Kool Panda Digital cannot take responsibility for copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3. Web or Graphic Design Project Copyright
Rights to clipart, photos, graphics, source code, work-up files and computer programs that are not specifically requested and designed under work for hire are not transferred to the client, and remain the property of their respective owners. Kool Panda Digital and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
4. Web Design
4a. Compatibility – Kool Panda Digital create websites designed to function well on the most commonly used browsers. However due to the huge number of versions available we are unable to offer any guarantees of full cross-browser compatibility.
4b. Additions to original briefs – Any design and layout changes or additions to briefs provided will be carried out at the discretion of Kool Panda Digital and where no charge is made by Kool Panda Digital for such additions, Kool Panda Digital accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
Monthly and Annual Options
These options carry an ‘Initial Term’ of 36 months. Please note that monthly payments must be made by Direct Debit based on the agreed schedule. Our websites are a subscription service and no refunds are offered. If you cease to make your monthly payments then your website may be removed and will no longer appear on the internet. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
Buy Outright Option
After full payment is made for the Buy Outright Option you will own the website content and no further payment is due outside of normal hosting and domain fees should you decide to remain with us.
5.2. Care Plan Service
We will provide you with a monthly Care Plan Service that includes, but is not limited to, security, updates, backup and maintenance of your website. You may also request tweaks, changes, additional posts and pages. These requests are considered part of the Care Plan up to a total time allowance of 30 minutes within the month. Additional time will be charged at the hourly rate as described within our Care Plan Page – xxxxx
Monthly and Annual Options
A one month notice period is required for cancellation and written notification must be provided by email to contact@KoolPandaDigital.com or by post to our office address. Websites are provided as a subscription service and so cancellation of our services will result in the removal of your website from the internet.
Any outstanding payments not covered during the Initial Term must be paid.
7. Website Hosting
No guarantees can be made as to the availability or interruption of your website hosting service by Kool Panda Digital and we cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
8. Site content
Kool Panda Digital reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
10. Legal Notice
Kool Panda Digital does not warrant that the functions contained in the web design project will be uninterrupted or error-free. The entire risk as to the quality and performance of the web design project is with the client. In no event will Kool Panda Digital be liable to the client or any third party for any damages, including, but not limited to service interruptions caused by Acts of God or any other circumstances beyond our control, any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web design project, failure of any service provider, of any telecommunications carrier, of any Internet servers, your or site visitor’s computer or Internet software, even if Kool Panda Digital has been advised of the possibility of such damages.
11. This Agreement
This agreement constitutes the sole agreement between Kool Panda Digital and the client regarding this project. Any additional work not specified in this contract must be authorized by a written request. All prices specified in this contract will be honoured for 3 months from date offered. Acknowledgement of agreement after that time will require a review of current pricing and new agreement. This agreement supersedes any prior written or oral agreements between the parties.
This agreement may be modified or amended at any time. We will change the ‘last updated’ date at the top of the website page when an amendment or modification has changed.
13. Limitation of Liability
If either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
This clause does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
14. Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
(a) strikes, lock-outs or other industrial action; or
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
(e) impossibility of the use of public or private telecommunications networks.
You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
All notices sent by you to us must be sent to our postal address as displayed on www.Kool Panda Digital.co.uk. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter.
17. Data Protection
We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. You acknowledge and agree that we may pass your details to credit reference agencies. Calls are not recorded however calls to our customer services telephone number may be recorded for training & quality control.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing. A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
19. Complaints Policy
Complaints should be made by email to email@example.com, or by letter to the address listed on our website. Please include your name, address and/or contact details and the nature of your complaint. You will receive an initial response to your complaint within 48 hours and a senior member of staff will investigate and respond to your complaint in detail within 7 working days.