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Terms & Conditions

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Welcome to KIPZER !

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Payments :

  At KIPZER , accept payment by cash, cheque or fund transfers (EFT). All quotes are priced in Australian dollars (AUD), Indian Rupees (Ind R), American dollars (US $) and are inclusive of 10% GST. All quotes/estimates are valid for 30 days only. All quotes/estimates are subject to change depending on the client brief, at work supplied to us and the complexity of each individual job.
  At KIPZER's Payment is required as 50% up-front and 50% on approval of your website prior to the site going live. All quotes/estimates includes one set of basic changes prior to approval. Further changes will be charged at AUD$132 per hour inc. GST.
In the event of orders being cancelled or suspended, we require written confirmation and payment in full for the portion of work completed and material used to date.
All digitised imagery, logos and basic text to be supplied by the client or purchased separately through Sirocco Web Design.

Conditions:

Quotes/estimates together with any attachments, as well as any new, different or additional terms, conditions or policies which we may establish from time to time, and any agreement that we are currently bound by or will be bound by in the future, constitutes the complete and exclusive agreement between you and us concerning your engagement of us on this project, and supersede and govern all prior written and verbal communications.

Ownership

Once final payment has been received, the website design ownership is transferred to you (accept for any licenced fonts or stock images that have been supplied by KIPZER and not purchased 'separately'). KIPZER Web Design retains and reserves the rights to use any and all content developed, regardless of ownership for display and self promotional purposes unless specified by the client.

Processing Online Orders :

  KIPZER require a design brief, signature by an approved business representative and 50% payment prior to commencing each job. You will then be presented with design drafts and we encourage you to provide us with feedback.

Turn around :

A homepage template design takes around a week to deliver. Once the template design is approved, the full website proof would be available approximately two weeks later. Once we receive final approval and payment, your site can go live. Contact us if you require urgent turnaround of any jobs. Before your website goes live we will do a quality assurance review of each webpage to ensure all information and programming systems are accurate. Then we setup your email addresses, finalise the administrator details and supply you with all your username and password access information. We will also assist in the transfer of your Domain Name DNS (24-48hr activation) to point to your new website.

Additional Work :

Unplanned components, ideas, revisions, and project scope can sometimes happen. When there is an unexpected or requested addition to design or programming that will incur a cost, we will notify you ahead of time and will not commence the job unless we receive clear approval to proceed.
The standard hourly rate is $132 per hour inc. GST and we track all jobs through our time billing system, invoiced on a 7 day account. However, additional projects and/or modifications will be offered on a fix-price basis if preferred.

Support and Help Desk :

KIPZER want you to get the most out of your new website and for it to be a fully integrated online business solution. To help you achieve this we offer an assortment of ongoing training, education, support, & Help Desk products.

As a free service, there are training videos available on our website for you to view and complete access to a CMS 'support central' system that provides a comprehensive how-to-guide for accomplishing all updates and changes within your site.
For ongoing support, our inhouse Help Desk allows for direct email and phone support on the CMS platform including additional design, programming or site development. Our Help Desk services are offered Monday through Friday within business hours and sessions are charged at our standard hourly rate. We can also organise face-to-face training for your organisation if required.

Order

  For a user who places an order, we request personal information on the order form used in the shopping cart. Contact (name, address, email, etc.) and payment information (credit card number and expiration date) is requested. This information is used for billing purposes and to fill the customer's order. If we have trouble processing an order, we will use this information to contact the customer. Credit card transactions are processed using our own Internet merchant account and authorized via a third party payment gateway system. The payment gateway is an authority in trusted modular payment solutions and security systems on the Internet.

Sharing

  We use third party shipping companies, e.g. mail, UPS, etc. to ship orders, and a third party credit card payment processing system to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

Using our Services

  You must follow any policies made available to you within the Services.

  Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

  Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

  Our Services display some content that is not KIPZER's . This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.

  In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

  Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Modifying and Terminating our Services :

  We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

  You can stop using our Services at any time, although we’ll be sorry to see you go. KIPZER may also stop providing Services to you, or add or create new limits to our Services at any time.

  We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

Our Warranties and Disclaimers :

  We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.

 OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER KIPZER NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

  SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

Liability for our Services :

  WHEN PERMITTED BY LAW, KIPZER , AND KIPZER's ’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

  TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF KIPZER , AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

  IN ALL CASES, KIPZER , AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Business uses of our Services :

  If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify KIPZER and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Links :

  This web site may contain links to other sites. Please be aware that Positively Online are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by Positively Online.

Security :

  This website takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. When our registration/order form asks users to enter sensitive information (such as credit card number and/or contact information), that information is encrypted and is protected with 128 bit encryption software over an SSL connection. While on a secure page, such as our shopping cart checkout forms, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer is displayed as locked.

Notification of Changes :

  If we decide to change our privacy policy, we will post those changes on this page so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected.
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Compliance and cooperation with regulatory authorities

  We (KIPZER ) regularly review our compliance with our Privacy Policy . We also adhere to several self regulatory frameworks. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

About these Terms :

  We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

 If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

 These terms control the relationship between KIPZER and you. They do not create any third party beneficiary rights.

 If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

 If it turns out that a particular term is not enforceable, this will not affect any other terms.

 The laws of Delhi High Court, India., excluding Delhi’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Delhi, India, and you and KIPZER consent to personal jurisdiction in those courts.

Your Feedback

 At Positively Online, our term and condition for payment is extremely important. If you have any questions about the term and condition of payment, the practices of this site, or your dealings with us, please Contact Us and let us know.

  We have helped shop owners, lawyers, large corporations, and startups build a successful online presence for their services and company. Contact us today at +91-89640-47271 or email us for a free quote.