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
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.
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.