Terms and Conditions
Payment and Billing
Koa Consulting LLC may at any time change the services, packages, and products it sells at any time, without prior notice, as well as the prices of these said items, unless otherwise stated on a client proposal.
A minimum deposit of one half (or 50%) of the total proposed web design and development costs are due upon proposal acceptance or package purchase. The balance will be billed to customer and payment will be due immediately upon project completion. If Koa Consulting LLC cannot complete the contracted project as outlined by the scheduled completion date set forth in the agreement due to insufficient or untimely receipt of information needed from the Client, Koa Consulting LLC will bill the customer for the balance due on the proposed completion date. That payment will be due and payable by customer to Koa Consulting LLC upon receipt of said billing. Additional work after completion date billing will be charged on a "per hour" or "per item" basis, whichever is less.
If there are changes in the requirements or scope of this project, or changes or additions made by the Client during the project term, Koa Consulting LLC reserves the right to create an additional proposal based on Client's additions, and to bill for the requested additional services. Services that are requested, contracted for, and completed but not included in the final design project, are billable on a "per hour" or per "item basis", whichever is less.
If the project is cancelled or postponed prior to completion, the package pricing in the proposal will be null and void and the customer will be obligated to Koa Consulting LLC for all work completed up through the cancellation date, and will be billed for this work on a "per hour" or "per item" basis, whichever is less. Also, we do not provide refunds of any products or services we offer, unless an exception is made by Koa Consulting LLC staff. Any refunds given will subtract a service charge for administrative fees.
If the client does not pay recurring fees for any of our products or services they will be held liable for all balances due plus an additional late fee of $50 plus 20% per month. We will notify you by email with at least 2 weeks notice of any service or product expiring. It is up to you to send in payment by the due date. If we do not receive payment by the due date we have the right to terminate your website immediately until payment is made. The client will pay a minimum fee of $40 to have their website reinstated. If your domain expires due to non-renewal you will be held liable to pay any 3rd party fees that are incurred to bring your domain name back to renewal.
Client is responsible for all additional Internet or web site costs or services not indicated or included in their proposal (such as, but not limited to, domain name registration costs associated with domain registrars and all setup and monthly fees with selected ISP/Hosts or third party credit card processors). If the client exceeds their allotted disk space or bandwidth they will be required to pay additional fees in the amount of $10/Gigabyte per month. We will do our best to inform the client if they are near their quota before this happens.
If the client does not have access to their domain registrar account information, or needs assistance transferring their domain to us, we reserve the right to charge additional fees for all time spent assisting in the process of retrieving their account information and configuring their domain. This service will be billed at our normal hourly rate.
Koa Consulting LLC strives to satisfy all of our Clients' needs and requirements to the best of our abilities. Should fulfillment of Clients' requests require sub-contracting of third parties with additional and necessary expertise, the Client will be responsible for additional fees and charges incurred in hiring of such outside contractors. Koa Consulting LLC will submit an addendum to the original proposal for Client approval, before any outside contractor is retained.
Client agrees to pay reasonable attorney fees and any other reasonable fees required to enforce all terms and conditions of this contract. In addition, Customer agrees to reimburse Koa Consulting LLC for any additional expenses incurred as a result of collecting on delinquent payments or enforcing the payment terms of this contract. Client acknowledges and agrees that Koa Consulting LLC can suspend, hold up publication or remove published web pages if Koa Consulting LLC has not received payment of all charges and fees for services rendered within 30 days of completion of the Client's project. This may be waived if equitable payment arrangements have been made and adhered to.
Any proposal submitted by Koa Consulting LLC shall expire 30 days from the date of submission, unless approved and accepted by the Client. Re-activation of expired proposals will occur at the sole discretion of Koa Consulting LLC.
Web Server Data, Security, and Downtime
The web servers we use to host our client websites are cutting-edge and reliable servers. However we cannot guarantee that these web servers will never go off-line. Therefore we cannot guarantee 100% uptime. The Internet can have traffic and other problems that are beyond our control, so we just can't make false claims. We will do our very best to ensure your site is consistently online!
We work hard to ensure your site will be online at all times, however we will not be held liable for any business, transactions, or sales that were lost due to your website downtime.
We cannot guarantee that client data will be backed up on our servers once their site is made live. While we do backup all client data at the time their site goes live, and our web servers are backed up, we cannot guarantee that their data will always be able to be restored. Due to potential occurrences resulting from client interaction or security breaches we cannot be held responsible. It is the client's responsibility to have backups of all of their data. If they have us restore their site they will be billed our normal hourly rate for such work.
We cannot ensure that your website's security will never be breached. The nature of the Internet, websites, and open-source scripting technologies makes it possible for hackers to gain access to websites. While we do our best to maintain a high level of security we cannot be held responsible if your site is hacked and your data is compromised.
We work hard to ensure that our clients’ websites and data are online and will make our best arrangements to ensure things for the future.
Email Rules and Limitations
As a part of our website hosting services we do offer basic email services to enable our clients to send and receive email. We can make DNS changes to allow the client or 3rd party to manage the client's email by their request, but there will be an additional charge for the time to make these changes.
Our website framework may allow for our clients to send mass-emails to their client list. The client is responsible to ensure that all emails they send follow all laws that apply to sending emails and SPAM, and that their subscribers have consented. If we determine that any of our clients have broken any applicable laws they will be liable for all penalties or server costs associated with their actions.
To keep our email servers running at the optimal speed and to maintain reliability we have implemented a limit of 500 emails to be sent per hour and a maximum of 2,000 emails sent per day. This is ample for the majority of all of our clients and should not cause any noticeable problems with their day to day operations. If you feel that you need more email capabilities please let us know and we can work out a custom solution that caters to your needs. Please note that there will be an additional charge for upgrading or customization of your email setup.
Termination, Cancellation, and Transferring Service
If the client requests their account to be canceled they must do this by phone, email, or in writing. We will cancel their account(s) within 5 working days and will stop billing at that time. All accounts must be in good standing or must be brought up-to-date and paid in full in order to be canceled. If the client requests that their domain name be transferred, we will comply with their request within 5 working days. If they are unable to process the transfer on their own and need further assistance they will be charged our normal hourly rate for all time spent. If the client requests backups of their files, we will provide this in a timely manner at an additional charge based on our normal hourly rate. We will not give our proprietary application files or database backups to any clients for any reason unless a special agreement has been made with our staff.
Use of Koa Consulting LLC Content
All content included on this site, such as text, graphics, logos, button icons, and images is the property of Koa Consulting LLC or its partners and protected by United States and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Koa Consulting LLC and protected by United States and international copyright laws. Content on this Web Site may be used, copied, or distributed for personal, noncommercial, informational purposes only. All copies made of the Content must include copyright, trademark or other proprietary notice found on the Web Site where the Content was found. Except as granted herein, users are not being granted a license or any other rights under any copyright, trademark, patent or other intellectual property right in the material or the products, services, or technology described therein. All such rights are retained by Koa Consulting LLC.
Koa Consulting LLC Intellectual Property Usage License
Many of the websites we create make use of our proprietary Intellectual Property (IP) and other source code. This property will remain owned by Koa Consulting LLC even if the client terminates their account with us, and it will not transfer to the client at any time. By paying for a website and/or web application development and hosting fees the client agrees to license this technology for a predetermined amount of time. Upon client account cancellation or termination, the client must relinquish the right to this license and the physical and electronic files and data to Koa Consulting LLC within 5 business days. Any changes to these terms must be made by Koa Consulting LLC management staff. If the client is found in breach of these terms, they will be held fully liable for all costs incurred.
Open-Source Technologies, the Joomla CMS, and GPL
Koa Consulting makes use of the Joomla open-source content management system platform. This allows us to leverage the technology and provide our customers with a broad spectrum of features to enable them to manage their websites. Koa Consulting does not provide warranties on this technology. The license is as held by Joomla (currently GPL which gives ownership to any user within their guidelines) and not by Koa Consulting. Koa Consulting does not provide free upgrades to Joomla unless specified in the client contract or proposal. If the client requests upgrades for any reason whether it be for additional features or security reasons, Koa Consulting will do our best to assist and provide them with a price quote for this additional service.
Information provided to Koa Consulting LLC
Any comments, data, suggestions, questions or the like, which you send to Koa Consulting LLC will be treated as being non-confidential and non-proprietary. Koa Consulting LLC assumes no obligation to protect this information from disclosure and may copy, distribute or use such information without limitation. In most cases we will notify the client if we intend to use their information, but this is at the discretion of Koa Consulting LLC.
Disclaimer
Content on the Koa Consulting LLC Web Site may include inaccuracies or typographical errors. Koa Consulting LLC reserves the right to make changes and updates to any information contained on the Web Site without prior notice.
Koa Consulting LLC disclaims all endorsements, warranties, or representations, express or implied, with regards to the information accessed from, or via, this web site or the Internet, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Koa Consulting LLC does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, product or service disclosed on the server or other material, accessible from the server.
In no event shall Koa Consulting LLC be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the information on this web site or the Internet generally. The user of this website assumes all responsibility and risk for the use of this web site and the Internet generally. This site is created and controlled by Koa Consulting LLC in the State of Hawaii, USA. As such, the laws of Hawaii will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws.
