Kibbles Web Store Terms and Conditions

Definitions

We, our, Kibbles refers to Kibbles Software.  You, your, CLIENT refers to the legal person who is agreeing to these terms.

Design Meeting - All projects will have a design meeting ranging from 10 minutes to several hours long.  The purpose of this meeting is to initiate the project, exchange information, and arrange delivery.  The design meeting will be held online through the computer and phone, unless otherwise arranged.

Delivery Date

  • Websites - a website is delivered on the date we email you a content manager account, giving CLIENT the ability to edit the content on their website.  Further work after this date is considered refinement after the website has been delivered.
  •  AddOns - an AddOn is delivered on the date we inform CLIENT the AddOn is active and ready to use on the website.
  • Service - a service is delivered on the date that we inform you

Go Live Date

  • Websites - the website's Go Live Date is the date on which we change the DNS settings of the domain name to make the website available on the public internet when using the Domain Name chosen in the initial Design Meeting
  • AddOns - an AddOn is live once installed, unless we arrange to develop and approve the AddOn on a test version of the website

 

Guarantees

Satisfaction Guarantee

Kibbles provides a 100% satisfaction guarantee.  If CLIENT is not 100% satisfied, CLIENT is agrees to contact KIBBLES about all issues in writing and to keep those same issues confidential.  KIBBLES may, at it's sole option, offer a remedy or refund to CLIENT.  CLIENT agrees to keep the remedy or refund confidential.

Delivery Guarantee

Kibbles may promise a guaranteed time for a product or service.  The guaranteed delivery time is measured from the start date through the promised date, counting only one of the two dates:

  • Start date - the date that CLIENT has provided to KIBBLES all requested information needed to finalize the work.
  • Promised date - the date the client can begin using the site.
  • Only counting one of those dates.

Kibbles reserves the right to subdivide the order into multiple phases each containing a subset of the order to meet its guarantee.  (For example, if you order a KibSite and multiple AddOns and Services, we may first deliver the website with no AddOns within our guarantee, and then deliver some of the AddOns, and finally deliver the balance.)  We will communicate any plans to subdivide the project at the design meeting.

Kibbles promises to deliver the Kib*Site, AddOn, or Service within the allotted timeframe.  If no timeframe is stated, then we are not offering a guarantee for that product or service, and we will communicate a timeframe that will be a best-effort timeline. 

Should Kibbles fail to deliver during the stated timeframe, we may, at our option, provide credits for future work or offer a price adjustment.

SEO Guarantee

Most clients would like their website to rank high in the search engine results for selected keywords.  Whereas search engine results are determined by a multitude of constantly changing factors, third party search engines, and the amount and quality of competition on the world wide web, Kibbles can only guarantee to utilize search engine friendly techniques, such as keywords in the title bar at the top of the browser, the meta tags in the hidden coding behind the scenes, and the alternate text behind some images.  If the keyword placement and choice is not to the client's satisfaction, Kibbles will change these three items to the client's choice one time for free.  Subsequent or additional changes will require purchase of additional service credits.

Prices

Kibbles reserves the right to change policy or prices at any time.

Payments

Payment in full

Unless otherwise arranged, all products and services require payment in full prior to work being performed, which result in a service or product credit in the client's account.

Payment methods

Kibbles prefers credit card payment.  All other payment methods may require up to a 10 business day wait or a $25 service fee, or both.

CLIENT may, at its option, do any of the following to provide payment:

  • provide a cheque to Kibbles, which may require up to a 10 business day wait for the cheque to clear
  • wire the funds to Kibbles, which may require the client pay a $25 additional fee to Kibbles
  • divide the website purchase into separate, smaller purchases and receive delivery in stages
  • obtain financing through CLIENT's choice of financial institution
  • pay by credit card, which enables the card's consumer protection features (check with your credit card company)
  • pay by paypal, which enables Paypal's consumer protection features (check with Paypal for details)
  • apply for a lease through Kibbles financing partner
  • propose a payment plan through Kibbles

Financing

Kibbles may at its option grant an exception to allow payments, however may require at its option, a credit check and/or proof of funding prior to work starting.  

Payment Default

When a project is not paid in full by the GO LIVE DATE, Kibbles reserves the right to disable the project until payment is received.  

Delivery

Initial 

Delays

Kibbles reserves the right to delay a project for any reason. If delayed, Kibbles will notify CLIENT about the new delivery schedule.  If the project has a guarantee, Kibbles will honour the guarantee.

CLIENT may delay the project for a specified period of time by communicating in writing to request an adjustment to the delivery schedule.  The project must resume within 60 days or KIBBLES will terminate the project without penalty to KIBBLES.

Should CLIENT not communicate or respond to KIBBLES for a period of 7 days, then KIBBLES will deem the project as delayed by CLIENT.  Should CLIENT not communicate for 60 additional days, then KIBBLES will deem CLIENT to have terminated the project.

Communication

All communication will be performed electronically by email, fax, telephone, or online meeting.  Official communication may be written by email to the email address on record.  It is CLIENT's responsibility to notify Kibbles if their email address changes or stops working as soon as is reasonable given the circumstances.

Termination

Kibbles reserves the right to terminate any project for any reason.

CLIENT may terminate the project for any reason in writing, and will be subject to our refund policy.

CLIENT will be deemed to have terminated the project should the client not communicate for 60 days.

Kibbles has no obligation to restart a terminated project.

Refunds

We guarantee your satisfaction, or Kibbles may, at its option, provide a remedy or refund your money.

All refunds are subject to a 25% administration fee.

The refund policy will not take effect in any of the following events:

  • Client and KIBBLES complete the design meeting
  • Client terminates the project for any reason unrelated to KIBBLES
  • Client is deemed to have terminated the project by Kibbles for reasons outlined above
  • Client closes business, changes its name, or changes its activity

Kibbles will refund all recurring charges that are subject of the termination billed after the date CLIENT terminates the project in writing.

Right of Refusal

Kibbles reserves the right to refuse any project for any reason.

Intellectual Property

Themes/Designs

All theme and design files are owned by CLIENT once paid for in full.

Content

Web site content created by CLIENT is owned by CLIENT.  CLIENT agrees to indemnify KIBBLES for any/all infringement or copyright claims due to CLIENT content.

Web site content created by KIBBLES for CLIENT is owned by CLIENT once paid for in full.

Web Site Software

Web Site Software is licensed under an open source licence and as such, CLIENT is bound by same open source license.  Customizations created by KIBBLES for client will be bound by same open source license.  

Custom Software

Software that is designed and built from scratch utilizing an open source framework is owned by the client once paid for in full.

Kibbles owns all intellectual property/copyright of the site until it is paid for in full.  

The Kibbles name and logo are property of Kibbles Software. and cannot be used without consent.

Attribution

CLIENT agrees that KIBBLES may create an attribution link to Kibbles on CLIENT's website

Linking

Kibbles reserves the right to include a link to the client's site on the Kibbles website, as a case study or in our portfolio.  

Promotional License

CLIENT agrees to grant Kibbles the right to use public site images, screen snap shots, client media, etc. in Kibbles promotional material.

Portability

Client may initiate a transfer of their website from Kibbles Hosting Network to another network at any time.  Kibbles agrees to provide one (1) free exit transfer of the site database and site files.  Kibbles provides the files only and does not offer technical assistance once the files leave Kibbles Hosting Network.

Confidentiality

We will never share the client's information with third parties unless required to do so by law or requested by the client. The information we collect from the client will be used to maintain their services with us and to represent the quality of our work to others, such as in our online portfolio.

Warrantees

THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CLIENT AGREES TO LIMIT KIBBLES LIABILITY FOR THE CLIENT’S DAMAGES TO THE SUM OF $1000 OR KIBBLES FEE, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY PLED OR ASSERTED.

Design Policy

Formatting requests will be accommodated as much as the design and tools allow.  There is no guarantee formatting requests can match the exact design of the relevant website.

Force Majeure

A party is not liable for failure to perform the party's obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service. No party is entitled to terminate this Agreement under Termination in such circumstances.

If a party asserts Force Majeure as an excuse for failure to perform the party's obligation, then the nonperforming party must prove that the party took reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or actual occurrence of an event described in Clause 18 (Force Majeure).

Waiver

Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Jurisdiction

Unless otherwise agreed to in writing, KIBBLES and CLIENT agree that any court located in ONTARIO shall have exclusive jurisdiction to hear any suit, action or proceeding arising out of or in connection with this Agreement

No Verbal Contracts

Changes to this policy must be in writing.  All contracts must be in writing.

Contact

By email:
Contact Form.  

Or by phone:

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