The following are the terms and conditions under which KD Web Hosting Design agrees to provide its Services to the Client. By doing any of the following: placing an order for Services, using any online tool offered by KD Web Hosting Design, or by accepting Services provided by KDWHD Client hereby agrees to be bound by these Terms and Conditions. Client acknowledges and agrees that this agreement is the entire agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.

1. INTERPRETATION
1.1. The following definitions shall apply to these Terms:
1.1.1. KDWHD: KD Web Hosting Design, www.kdwebhostingdesign.com, 62 Honeysuckle Street, Casper, Wyoming 82604.
1.1.2. Business Day: Monday-Friday except major US Holidays.
1.1.3. Client: the Client set out on the Project Questionnaire.
1.1.4. Services: the design, development and hosting Services (purchased by Client) to be provided by KDWHD.
1.1.5. Project Questionnaire: a series of questions for the purpose of gathering information from Client in regards to purchased design and/or development Service.
1.1.6. Project Board: a secure system for Client and KDWHD to track progress of purchased design and/or development Services and communicate about said Services.
1.1.7. Confidential Information: all information (including all Project Questionnaires, drawings and designs), where the information is identified as confidential at the time of disclosure.
1.1.8. Force Majeure Event: any event arising which is beyond the reasonable control of the affected party (including disputes affecting any third party, acts of God, civil riot or war).
1.1.9. Content: the content and material to be provided by KDWHD to be used for the design and/or development Service in accordance with these Terms and the Project Questionnaire.


2. CLIENT OBLIGATIONS
2.1. The Client agrees that it shall:
2.1.1. provide KDWHD with access to, and use of, all information, data and documentation reasonably required by KDWHD for the performance of its obligations under these Terms upon being requested to do so;
2.1.2. ensure that such information, data and documentation is complete and accurate in all material respects; and
2.1.3. notify KDWHD of any changes to the information, data and documentation it provides to KDWHD where relevant.
2.2. Where KDWHD is required to comply with any third party website owner's platform selling policy or similar rules or regulations, the Client agrees that it shall provide KDWHD with all reasonable assistance in ensuring that it is able to comply with the same.
2.3. The Client shall permit KDWHD to place a discreet signature (example: Template design by KD Web Hosting Design) to the bottom of each HTML project. The Client agrees that it shall not remove, cover or otherwise interfere with this signature. By removing said signature without written consent by email will be in breach of the Terms. By breaching the Terms KDWHD may refuse to give support, issue warranties or provide any files or artwork in either electronic form (E Mail, File Sharing or any other form electronically) or media (DVD, CD or USB). The signature can be removed at the cost of $100 US.


3. INTELLECTUAL PROPERTY RIGHTS
3.1. Unless otherwise stated, KDWHD (or its licensor's) own all Intellectual Property Rights in the Services and all material it provides to the Client. Use of this material is permitted only where expressly authorized by KDWHD but KDWHD hereby grants the Client a non-exclusive license of such Intellectual Property Rights for the purpose of operating the eBay Store and eBay Listing Template.
3.2. The Client shall retain the Intellectual Property Rights in any and all materials provided by it to KDWHD. However, the Client shall grant to KDWHD a non-exclusive, royalty-free license to use such material as far as is necessary for KDWHD to carry out the Services (and for no other purpose). KDWHD shall cease use of any and all materials provided by the Client upon the termination of expiration of this Agreement.
3.3. The Client shall indemnify KDWHD against all damages, losses and expenses arising as a result of any action or claim that the information, documentation or materials the Client provides infringes the Intellectual Property Rights of a third party
3.4. KDWHD shall indemnify the Client against all damages, losses and expenses arising as a result of any action or claim that the Store and Listing Template or any information, documentation or materials KDWHD provides infringes any Intellectual Property Rights of a third party other than infringements referred to in Clause 6.3 or where the action or claim arises out of KDWHD's compliance with any designs, Project Questionnaires or instructions provided by the Client.


4. TERM AND TERMINATION
4.1. These Terms shall commence on the date KDWHD accepts the Project Questionnaire and shall terminate automatically on completion of the Services and payment of all outstanding sums.
4.2. The Client may terminate the Services at any time on providing KDWHD with no less than seven days' prior written notice. Any deposit paid by the Client shall be non-refundable in such instances.
4.3. On expiry or termination of these Terms:
4.3.1. each party shall immediately cease to use any and all materials belonging to the other party and promptly return the same to the other party; and
4.3.2. all provisions of these Terms shall cease to have effect, except that any provision which can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.


5. CONFIDENTIALITY
5.1. Each party shall protect the Confidential Information of the other party against unauthorized disclosure by using the same degree of care as it takes to preserve and safeguard its own confidential information of a similar nature, being at least a reasonable degree of care.
5.2. Confidential Information may be disclosed by the receiving party to its employees, affiliates and professional advisers, provided that the recipient is bound in writing to maintain the confidentiality of the Confidential Information received.


6. GENERAL
6.1. These Terms are made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person.
6.2. If any provision in these Terms is deemed invalid, void or unenforceable, that term shall be deleted from these Terms and such deletion shall not affect the validity or enforceability of the remaining provisions.
6.3. The parties agree and stipulate that this Agreement shall be governed and construed according to the laws of the State of Wyoming. The parties further agree and stipulate that any litigation, which may arise from this Agreement, shall be conducted in state or federal courts in and for Casper, Wyoming.


7. EBAY DESIGN
7.1. KDWHD shall provide Client log in information to Project Manager within 24 hours of purchasing Service whereas a Project Questionnaire will be available for download.
7.2. KDWHD shall provide the Services outlined in the Project Questionnaire.
7.3. KDWHD shall prepare and provide the Client with mockups (previews) of the Store and Listing Template, which shall include such information as provided in the Project Questionnaire and Project Board within 5 to 7 business days. These mockups shall then be reviewed by the Client at its reasonable discretion.
7.4. The Client shall promptly notify KDWHD by posting in Project Manager any revisions that need to be done to said mockups. KDWHD shall correct any Error within 2 days, and shall then provide the mockups again for the Client's approval and the Client shall inspect the mockups once again.
7.5. Once Client has accepted the mockups by posting their acceptance in the Project Manager, KDWHD shall code the Services and submit links to Client for final preview within 5 business days.
7.6. Client agrees that once the Services are coded, any revisions other than minor text changes, will be subject to additional charges. KDWHD will notify Client of such charges which will be invoiced immediately.
7.7 KDWHD will install the eBay Store and eBay Listing Template within 3 business days of Clients acceptance of coded files through the Project Manager subject to Claus 8.2 and will provide all finished files in the form of a Zip file for Client to download.


8. EBAY DESIGN, PAYMENT
8.1. KDWHD shall issue an invoice in respect of any additional charges agreed upon, and the Client shall pay KDWHD invoice immediately, unless the Client raises a genuine dispute in writing (in which case the Client shall promptly provide all reasonable assistance to help KDWHD resolve such disputes). Client shall be responsible for payment of any sales, use, or excise taxes whether or not identified on KDWHD's invoice.
8.2. The eBay Store and eBay Listing Template will not be permitted to operate in a live environment until all additional charges have been received by KDWHD in full.
8.3. If the Client wishes to cancel the Services then it shall be entitled to the following refund:
8.3.1. Within 7 days of placing an order for the Services: All monies paid by the Client in respect of such Services less a $160 US administration fee
8.3.2. More than 7 days after placing an order but prior to a preview being signed off by the Client: 50% of monies paid by the Client in respect of such Services.
8.3.3. Once a mockup has been signed off by the Client: No refund available.


9. EBAY DESIGN, WARRANTIES
9.1. The Client warrants that it has permission to provide the materials it provides to KDWHD and that the use by KDWHD of any such materials provided by Client, consistent with the terms of this Agreement, shall not violate the Intellectual Property Rights of any third parties.
9.2. KDWHD warrants that:
9.2.1. it shall provide the Services:
9.2.1.1. in accordance with the Project Questionnaire;
9.2.1.2. in accordance with any and all applicable laws, regulations and statute;
9.2.1.3. with reasonable care and skill; and
9.2.1.4. in accordance with generally recognized commercial practices and standards; and
9.2.2. the eBay Store and eBay Listing Template will perform substantially in accordance with the Project Questionnaire for a period of 30 days from acceptance in accordance with Clause 7.7. If the eBay Store and eBay Listing Template does not so perform, KDWHD shall, for no additional charge, carry out any work necessary in order to ensure that the Store and Listing Template substantially complies with the Project Questionnaire.
9.3. The warranty set out in Clause 9.2.2 shall not apply to the extent that any failure of the eBay Store and eBay Listing Template to perform substantially in accordance with the Project Questionnaire is caused by any act or omission of the Client or any third party (including but not limited to any third party website owner).
9.4. KDWHD cannot warrant that changes made by a third party website owner (such as eBay) to its website platform will not affect the Services, and KDWHD shall not be liable for any damage or loss suffered by the Client as a result of such changes.


10. WEBSITE DESIGN
10.1. KDWHD shall provide Client log in information to Project Manager within 24 hours of purchasing Service whereas a Project Questionnaire will be available for download.
10.2. KDWHD shall provide the Services outlined in the Project Questionnaire.
10.3. KDWHD shall prepare and provide the Client with mockups (previews) of the Website, which shall include such information as provided in the Project Questionnaire and Project Board within 5 to 7 business days. These mockups shall then be reviewed by the Client at its reasonable discretion.
10.4. The Client shall promptly notify KDWHD by posting in Project Manager any revisions that need to be done to said mockups. KDWHD shall correct any Error within 4 days, and shall then provide the mockups again for the Client's approval and the Client shall inspect the mockups once again.
10.5. Once Client has accepted the mockups by posting their acceptance in the Project Manager, KDWHD shall code the Services and submit links to Client for following progress of Website. Code time can take 1-6 weeks depending on type of Website and will be outlined in the Project Manager.
10.6. Client agrees that once the Services are coded, any revisions other than minor text changes, will be subject to additional charges. KDWHD will notify Client of such charges which will be invoiced immediately.
10.7. KDWHD will transfer Website to Clients domain within 5 business days of Clients acceptance of the Website through the Project Manager subject to Claus 11.2 and will provided all finished files in the form of a Zip file for Client to download for backup.


11. WEBSITE DESIGN, PAYMENT
11.1. KDWHD shall issue an invoice in respect of any additional Charges agreed upon, and the Client shall pay to KDWHD the Charges immediately, unless the Client raises a genuine dispute in writing (in which case the Client shall promptly provide all reasonable assistance to help KDWHD resolve such disputes). Client shall be responsible for payment of any sales, use, or excise taxes whether or not identified on KDWHD's invoice.
11.2. The Website will not be permitted to operate in a live environment until all additional charges have been received by KDWHD in full.
11.3. If the Client wishes to cancel the Services then it shall be entitled to the following refund:
11.3.1. Within 7 days of placing an order for the Services: All monies paid by the Client in respect of such Services less a $160 US administration fee.
11.3.2. More than 7 days after placing an order but prior to a preview being signed off by the Client: 50% of monies paid by the Client in respect of such Services.
11.3.3. Once a mockup has been signed off by the Client: No refund available.


12. WEBSITE DESIGN, WARRANTIES
12.1. The Client warrants that it has permission to provide the materials it provides to KDWHD and that the use by KDWHD of any such materials provided by Client, consistent with the terms of this Agreement, shall not violate the Intellectual Property Rights of any third parties.
12.2. KDWHD warrants that:
12.2.1. it shall provide the Services:
12.2.1.1. in accordance with the Project Questionnaire;
12.2.1.2. in accordance with any and all applicable laws, regulations and statute;
12.2.1.3. with reasonable care and skill; and
12.2.1.4. in accordance with generally recognized commercial practices and standards; and
12.2.2. the Website will perform substantially in accordance with the Project Questionnaire for a period of 30 days from acceptance in accordance with Clause 11.7. If the Website does not so perform, KDWHD shall, for no additional charge, carry out any work necessary in order to ensure that the Website substantially complies with the Project Questionnaire.
12.3. The warranty set out in Clause 12.2.2 shall not apply to the extent that any failure of the Website to perform substantially in accordance with the Project Questionnaire is caused by any act or omission of the Client or any third party (including but not limited to any third party website owner).
12.4. KDWHD cannot warrant that changes made by a third party website owner to its website platform will not affect the Services, and KDWHD shall not be liable for any damage or loss suffered by the Client as a result of such changes.


13. DESIGN SERVICES
13.1. Design Services include but are not limited to logo design, banner design and print media.
13.2. KDWHD shall provide Client log in information to Project Manager within 24 hours of purchasing Service whereas a Project Questionnaire will be available for download.
13.3. KDWHD shall provide the Services outlined in the Project Questionnaire.
13.4. KDWHD shall prepare and provide the Client with 3 concept mockups of the design project, which shall include such information as provided in the Project Questionnaire and Project Board within 5 to 7 business days. These concepts shall then be reviewed by the Client at its reasonable discretion.
13.5. The Client shall promptly notify KDWHD by posting in Project Manager which concept mockup they like along with any revisions that need to be done to said concept. KDWHD shall revise chosen concept within 5 days, and shall then provide the final concept for the Client's approval and the Client shall inspect the concept once again.
13.6. Once Client has accepted the concept by posting their acceptance in the Project Manager, KDWHD will provided all finished files in the form of a Zip file for Client to download for backup.


14. DESIGN SERVICES, PAYMENT,
14.1. KDWHD shall issue an invoice in respect of any additional Charges agreed upon, and the Client shall pay to KDWHD the Charges immediately, unless the Client raises a genuine dispute in writing (in which case the Client shall promptly provide all reasonable assistance to help KDWHD resolve such disputes). Client shall be responsible for payment of any sales, use, or excise taxes whether or not identified on KDWHD's invoice.
14.2. The final design files will not be released to Client until all additional charges have been received by KDWHD in full.
14.3. If the Client wishes to cancel the Services then it shall be entitled to the following refund:
14.3.1. Within 7 days of placing an order for the Services: All monies paid by the Client in respect of such Services less a 50% administration fee.
14.3.2. More than 7 days after placing an order but prior to a concept being signed off by the Client: 25% of monies paid by the Client in respect of such Services.
14.3.3. Once a concept has been signed off by the Client: No refund available.


15. DESIGN SERVICES, WARRANTIES
15.1. The Client warrants that it has permission to provide the materials it provides to KDWHD and that the use by KDWHD of any such materials provided by Client, consistent with the terms of this Agreement, shall not violate the Intellectual Property Rights of any third parties.
15.2. KDWHD warrants that:
15.2.1. it shall provide the Services:
15.2.1.1. in accordance with the Project Questionnaire;
15.2.1.2. in accordance with any and all applicable laws, regulations and statute;
15.2.1.3. with reasonable care and skill; and
15.2.1.4. in accordance with generally recognized commercial practices and standards.


16. HOSTING SERVICES
16.1. These are the standard Terms and Conditions which apply to all hosting plans with KD Web Hosting Design.
16.2. Hosting accounts are designed to host personal, small business and organization websites.
16.3. eBay hosting accounts are designed to host images, scripts, description photos, banners and other files related to Clients eBay Store and/or eBay Listing Template.
16.4. Should hosting account bandwidth usage present a risk to the stability, performance or uptime of the servers, Client will be notified via email and restrictions may be placed on the resources account is using.
16.5. Client agrees to use the services according to the account selected or as specifically stated on their invoice. If Client holds multiple accounts these Terms and Conditions will be taken as binding to all existing and subsequent accounts once the Client has provided acceptance of these Terms and Conditions.
16.6. Client understands the under NO circumstances that any hosting account may be used for the following activities and that hosting account will be canceled without notification:
16.6.1. Topsites; IRC Scripts/Bots; Pirated Software; Image Hosting Scripts (similar to Photobucket or Tinypic) IP Scanners; Mail Bombers/Spam Scripts; Banner-Ad services (commercial banner ad rotation); File Dump/Mirror Scripts (similar to rapidshare; Escrow/Bank Debentures; Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme); Sale of any controlled substance without prior proof of appropriate permit(s); Lottery Sites; MUDs/RPGs/PBBGs; Hateful/Racist/Harassment oriented sites; Hacker focused sites/archives/programs; Sites promoting illegal activities; Forums and/or Websites that distribute or link to warez/pirated/illegal content.
16.7. Client must abide by all applicable Local, State, Federal and International laws, treaties and regulations. Any hosting account violation of this provision will be canceled without notification. Violations include:
16.7.1. Any material that is obscene, threatening or illegal; Child pornography or content perceived to be child pornography (Lolita). Violations will be reported to the appropriate law enforcement agency; Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
16.8. Client must not send unsolicited email via KD Web Hosting Designs mail servers. Clients' site must not be referenced or linked to in unsolicited email. Client must not use any accounts to collect personal details such as email addresses, phone numbers, mailing addresses or any other personal information to send unsolicited emails, messages, letters, make unsolicited calls or to sell personal information to a 3rd party.
16.9. Attempt to use KD Web Hosting Design servers by Client to attack other networks/computers will result in immediate cancellation of account.


17. HOSTING SERVICES, PAYMENTS & REFUNDS
17.1. Client must have an active PayPal account for subscribing to any hosting plan.
17.2. If Clients PayPal payment can not be processed, accounts will be suspended if they are not paid within 7 days after the due date. All files hosted on a suspended account will remain on the server for 30 days. After 30 days, all files will be removed from server. KD Web Hosting Design does not keep backups of Clients files on any hosting plan.
17.3. KD Web Hosting Design reserves the right to increase/decrease hosting fees at any time. Client will be informed of new rates 2 weeks before increase/decrease and will be applied at time of plan renewal.
17.4. Client must request account(s) cancellation via email. Refunds will be pro-rated except as outlined in Claus 17.5. SSLs and dedicated IPs are not refundable.
17.5. Violations of the Terms and Conditions will waive any and all refunds.


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