Terms of Use and Service

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Terms of Use and Service 2017-02-08T09:51:23+00:00

The use of services or products from Kiantaskye Pty Ltd (hereafter referred to as KTS), constitutes agreement to these terms. You agree that you will only use this Site and the services and products for lawful uses only. If you do not agree with any of these terms, please do not access or otherwise use this site and/or the products and services, or any information contained on the site.

Your use of this site and/or the services on this site shall be deemed to be your agreement to abide by each of the terms set forth below. KTS may make changes to the products and services offered on this site, at any time without notice, and KTS can change these terms at any time without notice by posting updated terms of use on the site. Your continued use of the site after any changes have been posted, means that you agree to the new terms, even if you have not reviewed the changes. Therefore, you should check the terms of use posted on the site periodically for updates and changes.

General Terms and Conditions – Website and Subscriptions

Copyright Notice

All information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of KTS unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Email Subscriptions

All emails sent from KTS are compliant with the Privacy Act.  If in doubt, please read the privacy policy on this website.

You receive emails because you’ve subscribed to the newsletter. This happened because you entered your email into an opt-in form, purchased a product related to KTS, have worked with KTS, have worked for KTS, have partnered with KTS in some way or asked to be added to the email list. 

Email newsletters sent, contain a variety of information. Sometimes it’s just information and training, and other times it may advertise or promote products or affiliate products that KTS deem to be satisfactory to promote.

Recommendations are ALWAYS based on KTS’s personal opinion and experience with the company to provide an excellent and valuable product(s) that you will enjoy. However, there is no guarantee that KTS and the recipient of the newsletter, product or information, will have the same experience or opinion. IF you purchase a product, KTS will receive a commission for the sale based on our recommendation.

It’s important that as a consumer, you always do your OWN due diligence before you make any purchases or decisions. There are no promises.

What you do (regardless of KTS’s instructions, opinion, training or experience) with any product or service will dictate the outcome, results or success. Results in life are primarily based on decisions you make and KTS will not be held responsible or liable for your decisions.

At KTS, we respect your privacy and your inbox. You can ALWAYS stop these emails simply by hitting “Manage Your Subscription” or “Unsubscribe” on the newsletter.

General Terms and Conditions – Training

Payments

Unless prior arrangements have been made, any training sessions require payment prior to the start of the training.  You agree to supply appropriate payment for the services received from KTS, in advance of the time period during which such training services are provided.

Participants are required to pay by cash or direct transfer prior to the course.  Payment made by Paypal or credit card will incur up to a 2% charge.

Cancellations

If you so wish to cancel or transfer your enrolment, KTS must receive at least seven (7) working days notice to enable allocation of your place to another participant, otherwise the full training fee is payable. Substitutions, however, can be made at any time.

If KTS cancels the training session for any reason, you are entitled to a full refund or a credit for future training.

General Terms and Conditions – Web Design

KTS provides web design services and in some cases, outsourced hosting services from Silvercode to a diverse range of clients. KTS makes efforts with all their clients to determine their requirements before accepting payment. The vast majority of our clients are happy with our services, and the conditions enclosed herewith are not brought into play during the design process. However, in a small percentage of cases, client’s expectations are unrealistic, and we must put a limit on how much work we will do for a fixed price package or quote.  Please ensure you fully understand what you will be receiving before you sign your NDA and make payment.  Once you have signed your NDA form and made full payment, it is understood that you are accepting the terms and conditions for KTS.

Please note, KTS does not offer refunds after the work has been completed unless it is required to do so by Queensland law.

Administrative Access to Your Website

KTS will provide administrative access to your website, in order for you to be able to edit the content of your website and generally maintain it during the website build. We do not give system level access, nor access to cPanel. This is to reduce the chance of viruses and illegal scripts..

Changes at a system level requires great expertise, and therefore is not suitable for general website editing during the website build.

Ownership

Upon completion of a website build and payment of the web design and development fees, the client is the owner of the website, unless they have an ongoing arrangement with Silvercode. The client does not have the right to resell the design or development to other companies.

KTS is not responsible for websites that are not on our servers. The most common problem faced with our websites is poor quality (cheap) web hosting. For this reason we encourage our clients to use Silvercode web hosting. We recommend that any other hosting service you may wish to use is fitted with cPanel.

Payments and Non-payments.

We will not start a project until the full amount has been paid.

We require all final payments to be made before giving editing access.

Additional requests for work must be paid for before they are carried out.

In cases where we need to pay for external products or services, such as security certificates, plug-ins, domain names, etc., these must be paid for beforehand.  

Cancelation

The client agrees to pay the full amount of the project, including any requested additional work, regardless of whether the project is completed or not.  Projects may be canceled, but the client must pay for work done up to that time. KTS will be fair with cancelations, as they are often due to circumstances beyond the client’s control. KTS reserves the right to recover payments through legal action if the client refuses to pay for work completed. 

Refunds

All payments are non-refundable upon receipt. No exceptions will be made. We will not negotiate charge backs with any person or company. Our Refund policies are clearly stated, and all clients are asked to read and agree to our terms of service prior to the start of any project.

Revisions

A revision is a minor change request, such as changing a font, pattern, or colors.

A major change such as requesting a different layout than the one you originally selected, will be charged at our standard hourly rate.

Unless you have entered into an agreement where the work is outsourced to Silvercode, typically, up to 3 rounds of revisions are included free with every design and depending on the website package chosen. (We value our customer relationship, and this value is not a hard and fast rule, but it’s at our discretion.)

For a basic package, once the graphics design of a website has been approved, then no further changes can be made for free.

Once a design has been approved and installed on the client’s site, the design is considered approved and completed. Any additional design changes requested after installation will incur a fee of our standard hourly rate.  We welcome ongoing requests for improvements.

Website editing

Our websites are relatively easy to edit, and it therefore the client’s responsibility to edit the content in their website. KTS will include the original content you provide in the website, but editing is the client’s responsibility.

Communications

Once we received payment and the design of your website has commenced, you must be available via the internet, to answer all questions and complete tasks throughout the design process. Communication is via phone, postal mail or in person. All emails must be directed through to tan@tanjaturner.com

Sometimes our emails get blocked, either by your computer’s email program, your computer’s security, or by email providers such as Yahoo and Hotmail, etc. This happens because our emails often contain many links, and that can look suspicious to your computer programs or to your email provider. We can’t know if this happens, and we cannot take responsibility for the loss of communications that happens as a result.

Turnaround Time and Content Control

KTS generally produces websites within the agreed time, but cannot guarantee the turnaround time unless it was specifically agreed to before payment was received. The advertised time is the time when the first draft is shown to the client. Requests for revisions will stretch out a project.

Server Blocking

During the website build (and if you have the hosting package), Silvercode servers have many security programs installed, so as to protect it from hackers. The most common client problem we experience is when they can no longer access their email account or website. This is usually because the wrong password has been used.

If you cannot gain access to your site after the build has been completed and your username and password have been distributed to you and found to be in working order at the time of distribution, KTS will not be held responsible nor liable for any damages or loss due to you being unable to access your site for any reason.

We cannot be held responsible for websites being blocked or access to the client denied. Please note that there are large hacking syndicates that constantly attack servers, looking for vulnerabilities, or trying to hack passwords. You are instructed: DON’T use weak passwords.

Copyrights and Trademarks

The client is responsible for obtaining copyrights and permission for any photos or design elements.  KTS is not liable or responsible for those graphics or photos.

Browsers

Any website we create should be able to be viewed in current versions of Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Safari. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins.

Graphics

Custom graphics design is not part of any design package unless previously agreed to and can be quoted on separately if required.  Custom graphics design typically refers to the use of any graphics editing software such as Adobe Photoshop and Abobe Illustrator for either design or image manipulation.

Programming

The work will not include the writing of custom software in languages such as PHP, Javascript, Jquery, etc.  – it will be quoted on separately if required.

Acceptable Work and Rework

KTS reserves the right to determine what is an acceptable and reasonable amount of work and rework, for any of our website package offers. Our offer is not for unlimited or endless web design unless you have purchased the outsourced package from Silvercode. The scope of the work, including the website’s appearance, functions and features, should be made clear by the client before payment is made.

Quotes and Agreements

Quotes are based on our interpretation of the specification. If functions or styles need to be exactly followed, then they should be noted individually, and individually agreed to be us in our correspondence. Whatever is available with the standard modules of the web platform we are using, will be considered to meet the clients specification. A blanket agreement from us to build a website or part of a website in a particular way, does not mean that every detail of the specification will be followed exactly. Agreement to follow a client’s graphical design, is not and agreement to provide the exact functions that are on the design. We reserve the right to not of do agreed work if the cost of it is substantially greater than the quoted amount. It’s the client’s responsibility to spell it out in detail if something in particular is vital.

Browser Compatibility

There are many Internet browsers on different operating systems, running various smart phones, tablets and desktops.  We cannot guarantee that your website will look identical on all of them. 

Responsive Themes for Smart-phones and Mobile Devices

This feature is where the page contents will expand and shrink to fit the width of the screen. In some cases, sidebar regions will move down the bottom of the page, making more room for content display in a narrow screen. Some designs come with this feature built in, but others are not. If this is a requirement, KTS must be informed before payment for the web design is made. Custom design of responsive themes may incur extra charges because the testing processes on a large variety of products is time consuming. No guarantee can be given that the responsive theme will work correctly on all devices, as not all manufactures comply with the same Internet protocols.

General – Web Hosting

The conditions below may not apply to all clients.  It will apply to those who have engaged the outsourced services of Silvercode through KTS for web design, build and/or hosting.

Web Hosting

The following may not apply if special arrangements in writing have been made with our clients. We do not provide client access to the hosting provider in order to reduce the risk of viruses and illegal scripts finding their way onto our servers. This is for the common good of all of our clients.

Some websites commissioned by KTS and designed and developed by Silvercode are hosted with Silvercode on high quality leased servers. KTS cannot be held responsible for server problems as they are out of our control.

Web Hosting packages

These packages are supplied with the free 12 month hosting package included with the website.  They are provided by Silvercode and not managed by KTS in any capacity.  

Once your website is built to the original specifications, the contract between KTS will cease and becomes a contract between the client and Silvercode.

The following terms and conditions will then apply:

What Do Silvercode Provide?

Silvercode provide a comprehensive, professional website & email management service. With an active subscription, you receive a modern, maintained and secure website that is regularly protected from external threats and kept up to date month to month. Your subscription includes unlimited change requests and ongoing support, as well as various maintenance tasks such as daily malware scanning, daily backups, ongoing WordPress core, theme and plugin updates, performance, bandwidth, disk space and uptime monitoring.

What Happens At The End Of The First 12 Months?

You will be contacted by Silvercode during your final month of pre-paid subscription and offered the opportunity to renew or cancel. If you wish to renew, you may pay either monthly or annually in advance. There is no price difference either way. Payment can be made by recurring bank deposit or credit card.

What Happens If I Cancel?

If your domain is within Silvercode’s control, they will unlock it and provide you with the authorisation code to transfer it to another domain registrar, else, Silvercode will allow it to expire if no longer wish to keep it.

All of your website’s text and image content remains your property. If you wish to cancel, Silvercode will provide you with a backup file of your website’s pages, blog posts, images and settings (in WordPress format) however this will not include your Silvercode WordPress theme and custom coding which remains the licensed property of Silvercode and is not transferable.

You will need to consult with an alternative website developer to install a different theme and make any configuration changes necessary.

What Happens If I Renew?

You will be invited to set up a subscription payment dependent upon your billing cycle preference. Once complete, all maintenance, monitoring, support and security services continue as per usual.

Account Setup

We will setup your account after we have received payment. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. KTS and Silvercode are not responsible for a lapsed registration due to outdated contact information being associated with the domain. Providing false contact information of any kind may result in the termination of your account.

Content

All services provided by KTS may only be used for lawful purposes. The laws of the State of Queensland, apply.

The customer agrees to indemnify and hold harmless KTS from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated. If you believe that your copyright or trademark is being infringed upon, please email tan@tanjaturner.com with the information required.

Using an account as a backup/storage device is not permitted.

KTS and Silvercode products and services, including all related equipment, networks and network devices are provided only for authorized customer use. KTS and Silvercode systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of KTS and Silvercode system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. KTS may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email.

Let it be known that we believe Internet services providers are republishers and not the publisher of content. Our outsourced service to Silvercode merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, neither Silvercode nor KTS should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under these webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us via email at tan@tanjaturen.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to be as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password.

If you cannot gain access to your site after the build has been completed and your username and password have been distributed to you and found to be in working order at the time of distribution, KTS will not be held responsible nor liable for any damages or loss due to you being unable to access your site for any reason.

Zero Tolerance Spam Policy

KTS hold a Zero tolerance for spam that is sent through a website during the website build.

KTS and Silvercode reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

KTS and Silvercode reserve the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal. This cost of the cleanup fee is entirely at the discretion of KTS.

Payment Information

You agree to supply appropriate payment for the services received from KTS, in advance of the time period during which such services are provided.

Cancelations must be done in writing. Once we receive your cancelation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. If you do not hear back from us, or do not receive the automatic confirmation email within a few days after submitting your cancelation, please contact us immediately. We require that cancelations of service are done through the online contact form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancelation request is processed.

As a client of KTS, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify KTS of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed to you, unless otherwise stated in writing by KTS. KTS reserves the right to bill your credit card or billing information on file with us.

KTS provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid may result in account suspension until account balance has been paid in full. Access to the account will not be restored until payment has been received.

KTS reserves the right to change the yearly payment amount and any other charges at any time.

Backups and Data Loss

Your use of this service during your backup is at your sole risk. Our backup service runs once a week during your website build, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy during the website building phase. KTS is not responsible for files and/or data residing on your account. Please make arrangements with us if you need off-site back, and more frequently. This will incur a cost.

Cancelations and Refunds

KTS does not offer or give refunds unless required to do so by Queensland law. KTS sign-up process is only accessible to clients who have made email contact. This provides the opportunity for them to understand what services they will receive before any payments are made. It is therefore the responsibility of the client to understand what products and services they will receive and how it affects them.

Price Change

We reserve the right to change prices listed on tanjaturner.com, and the right to increase the amount of plans at any time.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold KTS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable solicitor’s/legal fees asserted against KTS, its agents, its customers, contractors, outsourced/commissioned officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless KTS against liabilities arising out of; (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with KTS; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products or services sold to customers from KTS or Silvercode.

Arbitration

By using any KTS services or products or affiliated products, you agree to submit to binding arbitration. If any disputes or claims arise against KTS or its subsidiaries, such disputes will be handled by an arbitrator of KTS choice under a chosen law.

Disclaimer

KTS shall not be responsible for any damages your business may suffer. KTS makes no warranties of any kind, expressed or implied for services or products we provide. KTS disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by KTS and its contractors, partners or employees.

Disclosure to law enforcement

KTS may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

KTS reserves the right to change these conditions without notice.