Policies

Terms of Service

You should read these Terms of Service before using our website or services. By you continuing to use our website or services, that means you have read and understood our Terms of Service. If you do not agree with them then please do not continue.

We may amend these Terms of Service from time to time. Please check back regularly to ensure that you are kept updated. For your convenience we place a date at the bottom of the page when we amend our Terms of Service.

Hosting
Website Design
eBay Store/eBay Template Design
Design and Installation Time Frames
Performance and Warranty Guarantee
Exclusions
Fees and Charges
Other Information

Hosting

These are the standard terms and conditions which apply to all websites hosted with KD Web Hosting Design. If you have any problems with any of the conditions or terms please feel free to contact us as we are willing to discuss and resolve any problems you may have.

Our web hosting plans are designed to host most personal, small business and organization websites.

Our eBay hosting plans are designed to host images, scripts, description photos, banners and other files related to your eBay Store/eBay Template.

Should your hosting account bandwidth usage present a risk to the stability, performance or uptime of the servers, we will notify you via email and we may restrict the resources your account is using. Typically excessive bandwith usage is only seen in sites that use hosting for file sharing or storage.

Client understands the under NO circumstances that any hosting account may be used for the following activities and that your hosting account(s) will be cancelled without notification:

  • 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

The client agrees to use the services according to the account selected or as specifically stated on their invoice. In the case of developers or where a single 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.

In using the services provided, the client must abide by all applicable Local, State, Federal and International laws, treaties and regulations. Any violation of this provision can result in termination immediately or with 30 days notice depending on the severity of the violation, at the absolute discretion of KD Web Hosting Design. Violations may include:

  • 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)

The client must not send unsolicited email via KD Web Hosting Designs mail servers. The clients' site must not be referenced or linked to in unsolicited email. The client must not use our service to collect personal details such as email addresses, phone numbers, mailing addresses or any other personal information via our server to send unsolicited emails, messages, letters, make unsolicited calls or to sell personal information to a 3rd party.

Attempt to use KD Web Hosting Design servers by the client to attack other networks/computers will result in immediate cancellation of the account.

We reserve the right to increase/decrease our hosting fees at any time. If our hosting fees increase or decrease you will only need to pay the new rate when your hosting fees are up for renewal. Price increases rarely occur and when they do they reflect the market value and will remain competitive.

Accounts may be suspended if they are not paid within 14 days after the due date and prior arrangements are not made. All data contained in a suspended account will remain on the system, however, account holders will have no access to it, the website will display a notice stating that the account is in arrears or website suspended.

Accounts will be removed from the system and all associated data deleted if the account is not paid within 2 months (60days) after due date. Whilst accounts are in arrears, clients will not have access to data stored on KD Web Hosting Design servers. KD Web Hosting Design reserves the right to delete data on cancelled accounts.

KD Web Hosting Design retains the right to refuse service and no refund or credit will be issue to the client. Refusal of service may result if:

  • (a) the client fails to pay accounts within 14 days after the due date.
  • (b) the agreement is terminated; or
  • (c) the client misuses the services or fails to comply with the customers obligations under the agreement

The 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.

Website Design

A valid hosting account will be required to have your website live.

KD Web Hosting Design reserves the right to publicly display and advertise your website as part of our portfolio. These displays will only be done on the KD Web Hosting Design website, our Social Media pages and printed media.

KD Web Hosting Design adds a signature to the bottom of each website design. A fee of $100 may be payable in the event you wish to have this signature removed. Even if the back link is removed we still reserve the right to use your website design as part of our portfolio.

By removing our signature 'Website Design by KD Web Hosting Design' without written consent by either email, fax or mail, will be in breach of our Terms of Service. By breaching our Terms of Service we 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).

There are no lock in fees associated with your website. You are free to move your website to another hosting provider if you wish to do so at any time. Any cost associated with the transfer to your new hosting provider that may arise is payable by you, the client, and not KD Web Hosting Design. We do not provide any support for the transfer of your website. Any downtime of your website that may occur during the transfer is not the responsibility of KD Web Hosting Design.

KD Web Hosting Design takes no responsibility under any circumstances for any errors that may occur during the transfer.

eBay Store/eBay Template Design

Work on your eBay Store/eBay Template will commence ONLY after receiving cleared funds (payment in full) and ALL of the necessary content. As KD Web Hosting Design works according to a schedule, we require all of the information in front of us before we commence the project. Failure to provide us the information required from the start will greatly affect the delivery date. KD Web Hosting Design takes no responsibility for delayed uploads due to delays in receiving the content and/or payment.

KD Web Hosting Design reserves the right to publicly display and advertise your website as part of our portfolio. These displays will only be done on the KD Web Hosting Design website, our Social Media pages and printed media.

KD Web Hosting Design adds a signature to the bottom of each eBay Store/eBay Template design. The signature 'eBay Store Design' or 'eBay Template Design' is linked to our website. A fee of $100 is payable in the event you wish to have this signature tile removed.

By removing our signature from your store or template yourself without paying the removal fee is in clear breach of our Terms of Service. By doing so, we 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). In the event damage is caused to the code should you try remove our signature yourself, your store may not function correctly. Fixing the issues caused by removing the signature will not be covered by our warranty and a quote will need to be obtained to have the problem fixed.

There are no lock in fees associated with your eBay Store/eBay Template. You are free to move your eBay Store/eBay Template to another hosting provider if you wish to do so at any time. Any cost associated with the transfer to your new hosting provider that may arise is payable by you, the client. Any downtime of your eBay Store/eBay Template that may occur during the transfer is not the responsibility of KD Web Hosting Design.

We do not provide any support for the transfer of your eBay Store/eBay Template. KD Web Hosting Design takes no responsibility under any circumstances for any errors that may occur during the transfer.

We are not responsible for any changes implemented by eBay that may change the look and feel of your eBay store. Additional charges may be payable in the even eBay's policy / terms and conditions change and your store becomes in breach of their terms.

A valid hosting account will be required to have your eBay Store/eBay Template live. You are free to provide us with your own service provider, or you can host with us.

Design and Installation Time Frames

Each service advertised on http://www.kdwebhostingdesign.com comes with its own time frame guarantee. Our aim is to keep our customers happy by meeting these deadlines. Failure to respond to our request for information regarding your job will void any time frame advertised.

KD Web Hosting Design works according to a strict schedule. All of our jobs are scheduled in and monitored for progress. If a customer fails to respond to our emails or phone calls requesting more information, this will not only void the time frame guarantee, it will push the project back and depending on the time frame since our last communication may even go to the end of the line.

We allow up to a maximum of 48 hours (excluding weekends and public holidays) to hear back from clients before we start prioritising and moving jobs up the queue. At that point the customer may lose their position in the schedule. Work will only continue on their project once the current project is finalised. KD Web Hosting Design will not cease working on other jobs in the event of a delayed response. Work will always continue and it is up to the client to ensure KD Web Hosting Design has all the information required, when required.

Performance and Warranty Guarantee

We guarantee that your website, eBay Store/eBay Template will look and feel as per the agreed design in the latest version of all modern day browsers such as Internet Explorer, FireFox, Google Chrome, Safari.

Older browsers may change the look/feel of the store and are not covered by our Performance and Warranty Guarantee.

If your website or eBay Store/eBay Template is NOT hosted with KD Web Hosting Design we cannot guarantee the quality and reliability of your website or eBay Store/eBay Template, since we have no control over the security and files being hosted.

Modifying the website or eBay Store/eBay Template in any way by the client, or a third party may result in our Performance and Warranty Guarantee being void. A service fee may be payable if you require tech support to assist you with a problem. All problem solving services will be quoted on a per job basis using our standard design and programming rates as a guide. (Refer to section 7)

It is the responsibility of the client to make sure the hosting account they are using remains secure. Our Performance and Warranty Guarantee does not cover any errors caused by hacking, malware, spyware, malicious code insertion, virus infections and spider/bots. A backup restore fee may also be applicable should you require your eBay store/website restored to a previous version. Refer to our Fees and Charges for more information.

Exclusions

KD Web Hosting Design does not provide any graphic design, website/eBay design, development, marketing or printing service to the Porn industry. All orders that come through via the KD Web Hosting Design website automatically will be refunded using the same payment method that was used to make the purchase.

Fees and Charges

Standard design and coding rate is $80 per hour.
Website backup restoration fee is $175.
eBay backup restoration fee is $125 (not available to all)

Other Information

KD Web Hosting Design takes no responsibility for mistakes of any kind on websites, eBay Stores/eBay Templates or any other form of media, be that printed, electronic or online. A proof will be emailed to you prior to the uploading of your website or eBay Store/eBay Template to give you a chance to make corrections. Once made live, any corrections required are the sole responsibility of the client. KD Web Hosting Design DOES NOT take approvals for website or eBay Store/eBay Template uploading over the phone. Approvals are to be emailed so that there is a traceable note of the approval.

All revisions, changes & modifications required on any of the design work provided to you is to be emailed. Changes are not taken over the phone. All changes, revisions & modifications require a traceable note on email in order to have them done. If you wish to discuss your changes with your designer over the phone, please be sure to have them in writing also to avoid disappointment and or delays.

KD Web Hosting Design ensure the delivery of our products/services, each within a certain time frame. Please read the product information before making your purchase. The time frame stated is based only on the delivery of the first draft or concepts of your chosen service. Revisions of the design, if any, do NOT come with the same time frame. It is the responsibility of the customer to ensure all emails are returned in good time to avoid delays.

If you require further information about our Terms of Service, please contact us and we will gladly assist.

We have the right to update / correct / change / remove any information in our Terms of Service without notifying you in any way.

This Terms of Service was last updated on 10/19/14