This Agreement represents the complete agreement and understanding between KM MEDIA and the customer (hereinafter called the CLIENT) and supersedes any other written or oral Agreement.
Upon notice published on KM MEDIA’s website www.kmmedia.ie, KM MEDIA may modify these Terms and Conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered.
By paying the required deposit the CLIENT is agreeing to the Terms and Conditions set-out herein.
Terms of Sale
1. Quotation Terms
Quotes are valid for 30 days only
If after 30 days and the Quote has expired and deposit has not been paid to KM MEDIA, a new Quote can be issued upon request.
2. Payment Terms
Non-refundable deposit of 20% is required to commence Project.
Invoice issued on the date the Project is complete and settlement of Invoice is due within 30 days from the date of the Invoice.
3. Late Payments
In the event that an Invoice is not settled within 30 days, interest will be charged at 5% for “Delayed Payment Fee”. This initial 5% figure is then added upon each recurring 30 day period until the full amount is received
4. Testing and Acceptance is given a window of 2 weeks, after that charges may occur if overrun goes outside this timeline
5. The Free Hosting Year Starts from the Initial Upload of the Website to the Server
6. Photography and Stock Images need to be purchased by client (if required)
7. Maximum of 4 Compositions of PROJECT Design Visual
8. Content writing quotes on request
9. Cancelled/Abandoned Projects incur 75% of PROJECT total value
10. All design assets belonging to the Project are owned by KM MEDIA until final payment has been made
11. Digital Marketing may be needed on a monthly basis to promote & advertise the Project – quotes given on request
12. For Projects that go outside estimated timelines, final payment can be sought before going live if delay is at the client side.
13. If Project is not complete or gone live within 1 year, we will request full payment, if the delay is at client side.
Terms & Conditions apply as per the following
1. Provision of Services
Service means – ANY act of serving the CLIENT, being provided by KM MEDIA, regardless of its duration and whether it’s a paid service or a service for free.
Project means – ANY service for website projects, digital marketing, photography and video production services to the CLIENT, being provided by KM MEDIA.
KM MEDIA Services are defined as the use by the CLIENT of computing, telecommunications, software and information services, photography and video production services provided by KM MEDIA. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet. For existing clients only, KM MEDIA will notify the CLIENT via email of fee increases 30 days before such increases take effect.
2. Use of Material
Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using KM Media services. CLIENTS may also re-distribute materials in the public domain. The CLIENT assumes all risks regarding the determination of whether the material is in the public domain. As provided by Irish law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using KM MEDIA services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor neither can the author attribution notices nor the copyright notices be modified. The CLIENT assumes all risks regarding the determination of whether the material is copyright.
3. Use of Services
The CLIENT agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and cannot be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The CLIENT agrees to use the services provided by KM Media as permitted by applicable local, state, and federal laws. The CLIENT agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. KM MEDIA reserves the right to refuse service to any new or existing clients and refund the remaining balance on the account, if any.
The CLIENT is solely responsible for any legal liability arising out of, or relating to, his/her PROJECT at KM MEDIA. The CLIENT represents and warrants to KM MEDIA that it holds the necessary rights to permit the use of any of the items on his/her PROJECT, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products or services made available to the public through his/her website, will not – violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or Contain any material that is: unlawful, pornographic, of an adult nature, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. The CLIENT agrees to indemnify and to hold KM MEDIA, and any third party entities related to KM Media, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
The CLIENT’s breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto.
The CLIENT understands and agrees that hosting of the CLIENT’s website is at the sole discretion of KM MEDIA. KM MEDIA may at its sole discretion discontinue website hosting service to any CLIENT operating a website that KM Media deems to be in violation of Section (3) of these Terms and Conditions.
The CLIENT agrees to indemnify and hold KM MEDIA, harmless from any claims, including legal fees, resulting from the CLIENT receiving KM MEDIA services which cause direct or indirect damage to another party.
5. Limited Liability
To the maximum extent permitted by Applicable Law, in no event and under no legal theory shall KM MEDIA be liable to the CLIENT for any business loss, revenues decrease, expenses increase, costs of substitute products/services, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of the use of, or inability to use, any of KM MEDIA’s services, even if KM MEDIA has been advised of the possibility of such damages. In no event shall KM Media’s liability exceed the monthly fee paid by the CLIENT. This Limitation of Liability and Risks is reflected in the price of KM MEDIA’s services.
The CLIENT acknowledges that KM MEDIA makes an honest effort to keep the information available on KM Media’s systems accurate. However, KM MEDIA can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through KM MEDIA is at the risk of the CLIENT.
The CLIENT acknowledges that the information available through the interconnecting networks may not be accurate. KM MEDIA has no ability or authority over the material. KM MEDIA can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through KM MEDIA services is at the risk of the CLIENT. The CLIENT understands, agrees and acknowledges that KM MEDIA makes an honest effort to provide the CLIENT with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, KM MEDIA can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through KM MEDIA, or any other referred third-party, directly or indirectly, is at the risk of the CLIENTS
6. Abuse of Services
Any use of KM MEDIA system resources that disrupts the normal use of the system for other KM MEDIA customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, KM MEDIA forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot (without permission) and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes. Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended by KM MEDIA Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with KM MEDIA Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re-connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. Violations of any of the KM MEDIA conditions of use are unethical and may be criminal offences. You are expected to report to KM Media any information you may have concerning instances in which the conditions of use have been or are being violated. When KM MEDIA becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorised activity, KM MEDIA may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge €65. In the case of SPAM, KM MEDIA will charge a €1000 ‘clean-up’ fee, before any domain and/or files will be released.
7. Database & eCommerce Development
KM MEDIA cannot take responsibility for any losses incurred by the use of any third party software used by the CLIENT. If the CLIENT desires to use any third party email client for webmail setup by KM MEDIA on the server, KM MEDIA can provide the CLIENT with user guides on how to set this up however, KM MEDIA cannot take responsibility for setting up email through a third party email client or any loss of email through said third party email client. KM MEDIA will provide the CLIENT with Administrator Access to any website built on a Content Management System and provide user guides on said Content Management System on how to update, upload images etc. however, KM MEDIA cannot take responsibility for any loss of content as a result of changes to the website by the CLIENT. Where “bugs”, errors or other issues are found after the site is live, KM MEDIA will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief Compatibility KM Media will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software. KM MEDIA can offer no guarantees of correct function with all browser software.
KM MEDIA can recommend hosting companies to host websites, no guarantees can be made as to the availability or interruption of those services by KM MEDIA. KM MEDIA 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. Therefore all sites developed by KM MEDIA are hosted on our server, located at Blacknight, Unit 12A, Barrowside Business Park, Sleaty Road, Graiguecullen, County Carlow, Ireland. KM MEDIA provide free hosting for the first year and will provide the cost and date of renewal for hosting and domain name. Please note that prices are subject to change. In the event that the CLIENT’S website expands or becomes busier KM MEDIA may increase the cost of hosting to cover the cost of additional resources needed for busy websites. Adequate notice of a change in a CLIENT’S website traffic will be given to you and a quote of the extra cost to the CLIENT. If you already have a domain name and hosting we can transfer them to our server and host for you provided you request the Transfer Auth Code or EPP Key (as required).
Should you wish to keep your existing hosting KM MEDIA can develop or upload your new website on your existing hosting. KM MEDIA may require access or a user account for KM MEDIA on your existing hosting account via FTP (File Transfer Protocol) and/or Control Panel Access (such as cPanel) in order to transfer your new website files to your existing hosting and in the case of Content Management System (CMS) Websites, KM MEDIA will require access to your Control Panel to create a Database. Should you not wish to give KM MEDIA FTP and/or Control Panel Access, KM MEDIA will require that you complete the tasks needed to install the Content Management System and pass the access information for the Content Management System (CMS) to KM MEDIA. In the case of static files, KM MEDIA will require you to upload these files to your existing hosting account should you not wish to give KM MEDIA File Transfer Protocol (FTP) access. In the event of your website being hosted with your existing hosting provider, KM MEDIA will not take responsibility for any malfunction or loss of content or files with regard to your website hosted with your existing hosting provider.
If you wish to have your website uploaded on your existing hosting but your existing hosting provider is using older technologies which could cause your new website to become unstable, KM MEDIA will strongly advise that you seek a more stable hosting provider or transfer to KM MEDIA’s hosting.
KM MEDIA 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 free hosting service should the necessity arise.
The rights and liabilities of the parties hereto will bind and insure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the CLIENT may not assign or delegate its rights and obligations under his business relationships with KM MEDIA, either in whole or in part, without the prior written consent of KM MEDIA. KM MEDIA may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, and sale of all or substantially all of KM MEDIA’s assets or other corporate reorganisation.
11. Complete Understanding/Modification
These Terms & Conditions constitute the full and complete understanding and agreement of the CLIENT and KM MEDIA, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the CLIENT, will be effective only if accepted in writing and signed by KM MEDIA.
KM MEDIA and any third party associates agrees that, except if directed by the CLIENT, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the CLIENT agrees that it will not convey any confidential information about KM MEDIA to another party.
KM MEDIA and any third party associates shall use information provided by the CLIENT in relation to this Agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the CLIENT in communications with them 2) to contact the CLIENT from time to time to offer them services or products which may be of interest to or benefit the CLIENT.
KM MEDIA use web analytics services to recognise your browser or device and, for example, to identify whether you have visited
specific services we offer previously. This information is anonymous and only used for statistical purposes. It allows us to track
information, such as how many individual users we have and how often they visit our website and what areas on our website our users visit
15. Permission and Copyright
CLIENT hereby agrees that all media and content made available to KM MEDIA for use in the project are either owned by the CLIENT or used with full permission of the original authors. The CLIENT agrees to hold harmless, protect and defend KM MEDIA from any claim or suit that may arise as a result of using the supplied media and content.
CLIENT agrees that KM MEDIA may include development credits and links within any code Developer designs, builds or amends. CLIENT also agrees that KM MEDIA may include a link to www.kmmedia.ie at the bottom of website projects. KM MEDIA will style the link to fit the style of the website design.
CLIENT agrees that KM MEDIA reserves the right to include any work done on website projects for the CLIENT in a portfolio of work. With regard to Photography Events Services, KM MEDIA will request permission, in writing, from the CLIENT to use such work in a portfolio of work, which the CLIENT has the explicit right to decline.
Unfortunately no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information,
KM MEDIA cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission,
we use our reasonable commercial efforts to ensure its security on our systems.
KM MEDIA reserves the right to terminate a project with a CLIENT at any time without prior notification if it finds the CLIENT in breach of these terms and conditions. KM MEDIA shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation. This agreement shall be governed by the laws of Ireland which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. Any and all matters pursuant to this agreement are governed by Irish Law and are under exclusive jurisdiction of the Irish Courts.
KM MEDIA reserves the right to alter these Terms and Conditions at any time without prior notice.
By accepting a quotation or making a payment of Invoice to use the services supplied, the CLIENT acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions.
Should clarification of any of the above be required please contact us at firstname.lastname@example.org.