KMD SYSTEMS CLIENTREACH NOTICE BULLETIN - JAN 14, 2015

Terms and Conditions

New policies take effect February 1st, 2015

ThThis agreement between you (referred interchangeably as the “licensee”, “client”, “buying party”, “part(ies), or “user”) and service provider (referred interchangeably as “KMD Systems” or ”Kevin McEwen Design”) is non-negotiable unless an alternative agreement is written and jointly signed by a person of authority within both parties. This agreement concerns products, services and work(s) provided by KMD Systems for and on behalf of the user. As per terms of sale, KMD Systems is authorized to utilize and modify all mentioned content as desired, including concepts and templates not negotiated in sale. KMD Systems has all rights to revoke rights granted to buyer as dictated in agreement at any time if the following is deemed unfulfilled or unsatisfactory. KMD Systems retains exclusive rights to use the completed project(s) and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and for marketing purposes. KMD Systems is not obligated in any way to include preliminary designs, concepts or renditions as part of final project unless otherwise agreed upon between KMD Systems and the user. Where applicable the client may be given any necessary credit for usage of the project elements on our behalf, however KMD Systems is not obligated to do so. These terms of conditions are subject to change without notice.


Transition Period

This agreement may be made during a transition period from KMD Systems to KMD or KMD Systems. In this event, operations may be conducted under one of either title or both. In all cases, all payments will be made payable to KMD Systems, unless otherwise stated by an alternative agreement that is written and jointly signed by a person of authority within both parties.


Agreement (Graphics)

KMD Systems grants the licensee exclusive, transferable and assignable use of visual work(s) for an indefinite period for the purpose of general usage in company/organizational operations. This includes advertisements, general stationary, web and graphic design and other exclusive, business peripherals. This is by default unless otherwise stated in licensee’s Intellectual Property Transfer Agreement.


Payment:

Total value of all work(s) invoiced by KMD Systems is to be paid by the licensee. All payment is due immediately upon receiving work(s), and/or upon reaching certain milestones (outlined below). This is considered by default unless otherwise stated by an alternative agreement that is written and jointly signed by a person of authority within both parties.


Milestone 1 (project start): 50% down payment of all fees. This does not include e-commerce, or 3rd-party system, program, or licencing fees, which must be paid in full at this milestone. This down payment is non-refundable upon receiving primary concepts/development alphas and 25% of down payment refundable before the aforementioned. This does not include e-commerce, or 3rd-party system, program, or licencing fees, which are 100% non-refundable and exempt from WebCare+ discount pricing. This takes into account any expenses, costs, or penalties already incurred.


Milestone 2 (Checklist completion): 30% payment of outstanding balance. Upon completion of planned work, KMD Systems will determine if the required specifications have been met. This does not require licensee approval and all fees are 75% non-refundable. The licensee has a 30 day review period to review the website and submit any changes requested prior to completion – exceptions and deadline extensions to the 30-day period may be granted by KMD Systems under certain circumstances on an individual basis.


Milestone 3 (Licensee acceptance and completion): Outstanding balance to be paid by licensee upon acceptance within 30 days. All fees are 100% non-refundable after 30 days of payment.


Interest and subscription services: After the review period, an interest rate of 2.5% per week is charged to the outstanding balance if payment is not received (or 30 days after milestone 3 is reached). For WebCare plans, services are activated the 1st of the month following the review period.


KMD Systems reserves right to void agreement, revoke rights, or suspend/cancel subscription services without refund at any time if KMD Systems deems licensee obligations unfulfilled or within good reason unspecified in agreement. All payments are to be made payable to Kevin McEwen Design unless otherwise stated by an alternative agreement that is written and jointly signed by a person of authority within both parties.


Monthly fees (WebCare or other) are non-refundable however in the event of loss due to downtime or error on behalf of KMD Systems, the licensee may receive credit on account for compensation at our discretion. KMD Systems is not financially liable for any financial loss incurred by the user.


Service:

This agreement may include automatic website updates, day-to-day monitoring, automatic future-acquired software implementations, automatic ecommerce monitoring and updates (code, performance, or future-acquired software implementations), enterprise. Website updates are changes done within an existing website platform. Work being developed for a different domain will be charged as separate work. A full breakdown of your products/services/WebCare plan is available on your account summary, available on your ClientReach profile (WebCare+) or by request.


Fair Usage (KMD WebCare)

KMD Systems wants all of our customers to get the best service, to be free to enjoy our services without with the best possible conditions. To ensure that all of our customers are able to enjoy optimal service, we have implemented a Fair Usage Policy to clarify how development requests are applied to WebCare services consistent with our Terms of Service. KMD Systems reserves the right to impose temporary restrictions on WebCare services during peak and special periods (such as holidays and maintenance) with advance notice to the customer.


Development request (Definition): Any submission made by to user to KMD systems requesting the adjustment, creation, modification, or deletion of content that is operated by KMD systems for the user.


WebCare (Standard): Customer is entitled to 3 hours of development time a month on existing services. If requests are estimated that exceed the monthly limit, then the development time may be applied, with the outstanding balance billed at CAD $30.00/hour, with no limitation.


Development requests requiring an estimated 10 hours or more will be classified as a separate project, and will be billed separately. Projects broken up into segments will also be subject to classification and separate billing. This automatically includes the development of custom applications, add-ons, integrations, and new services. Work being developed for a different domain will be automatically charged as separate work, while sub-domains will be subject to WebCare limitations of your plan.


Customers with active accounts as of January 14th, 2015 are grandfathered into a WebCare (Legacy) account, with an entitlement of 5 hours of development time a month, including all WebCare (Standard) account features and usage policy.


WebCare+: Customer is entitled to 10 hours of development time a month on existing services. If requests are estimated that exceed the monthly limit, then the development time may be applied, with the outstanding balance billed at CAD $20.00/hour, with no limitation.


Development requests requiring an estimated 15 hours or more will be classified as a separate project, and will be billed separately. Projects broken up into segments will also be subject to classification and separate billing. This automatically includes the development of custom applications, add-ons, integrations, and new services. Work being developed for a different domain will be automatically charged as separate work, while sub-domains will be subject to WebCare limitations of your plan.


Transportation: Client may be billed for transportation and hospitality costs, this may include fuel, ticket fare, and/or accommodations. Client will be notified in advance for arrangements to be made.


Provisions:

KMD Systems retains all provisional copyright and moral rights attached to its projects as well as any other rights which may not be detailed in this agreement. Unauthorized selling and/or redistribution of projects are prohibited as may result in revocation of licence or suspension/cancellation of service.


Indemnity:

By accepting the work(s), the Licensee is liable for all claims, liability, damages, costs and expenses stemming from a breach of agreement, the unauthorized use of the work(s), failure to abide by any restriction regarding the use of an work(s), or any claim by a third party related to the use of the work(s). Every effort is made by KMD Systems to ensure that all work(s) are free of copyright infringement however there is always a chance of issue or conflict. If an error is made on KMD Systems behalf, we will amend any errors or conflicts to work(s) in question without charge, however is not obligated to issue financial compensation to licensee.


Liability:

By accepting work(s), KMD Systems is not liable to the licensee or any person or entity for damages, costs or losses stemming from any usage of work(s).


Every effort is made by KMD Systems to ensure that all work(s) are free of copyright infringement however there is always a chance of issue or conflict. If an error is made on KMD Systems behalf, we will amend any errors or conflicts to work(s) in question without charge and may credit the account of issue, however is not obligated to issue financial compensation to licensee.


Acknowledgment:

By using the concerning work(s) and/or paying any portion of billed charges, licensee acknowledges that they have read, agrees-to, and abides by the aforementioned terms and conditions.




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