Client Responsibilities

Placement of an order explicitly denotes Client acceptance of these Terms and Conditions.

Client responsibilities include (but are not limited to):

Professional Services (website design, programming, etc.):

1. The Client shall specify all requirements in a timely manner.

2. The Client shall deliver content (text and images) files as specified or agreed to by Data Koncepts.

3. The Client shall be responsible for ensuring that all content delivered to Data Koncepts is NOT copyright by another party. By providing content to Data Koncepts, the Client specifically warrants that the material is either free of copyright restrictions or is "used by permission" and absolves Data Koncepts of any responsibility for copyright infringement.

4. Data Koncepts recommends that the Client review the content prior to "going live." Failure to do so in a timely manner shall explicitly constitute the Client's approval and full acceptance of website design and production.

5. The Client agrees that Data Koncepts has the exclusive right to reuse code developed by Data Koncepts for use by the Client.

6. The Client shall abide by the terms contained in Payment Responsibilities.

Computer (Hardware, Software and Servicing):

1. The Client shall specify all requirements.

2. The Client acknowledges that each item carries a manufacturer's warranty AND that Data Koncepts can provide NO warranty for hardware/software manufactured by other parties. It shall be the sole responsibility of the Client to return goods to the manufacturers' representative for repair and/or replacement.

Payment Responsibilities

Data Koncepts time and effort are provided on a professional basis. Therefore:

1. Full payment is required at the time of ordering for hardware and software; professional services shall be billed upon completion (or major milestones) then ongoing support shall be provided on a monthly basis.

2. Defaulted payments shall incur a monthly finance charge of 1½% per month, compounded monthly, on the unpaid balance including all reasonable collection charges.

3. Ownership of Data Koncepts provided goods and services does not change hands until payment has been received in full.

Data Koncepts Responsibilities

Data Koncepts is a professional organisation. Therefore:

1. Data Koncepts shall comply with all direction provided by the Client.

2. Data Koncepts shall perform all work in a professional manner. Review and acceptance by the Client constitute approval.

3. Data Koncepts offers options:

1. Website design: Options will be presented to the Client at various stages in the design process along with recommendations so the Client may make an informed judgement.
   
2. Website hosting is provided by a third party (with greater than 99.9% reliability), however, Data Koncepts controls and is responsible for establishing the website hosting features available to the Client.
   
3. Hardware and software: Product availability is often limited so a list of products and prices are offered for Client selection.

4. Data Koncepts' goal is to provide the best value for money to each and every client.

5. Data Koncepts reserves the right to refuse any Client for any reason.

Warranties

Data Koncepts' warranties are strictly limited to:

1. Professionalism: Data Koncepts warrants that it will use professional workmanship in providing all services. Once approved by the Client, Data Koncepts' warranty is fulfilled.

2. Hardware/Software: Data Koncepts warrants that it shall obtain hardware and software at the best possible price as agreed with Client prior to accepting an order and that it is properly functioning upon receipt.

3. Virus Protection: Data Koncepts warrants that its computer systems are protected by current antivirus programmes and firewalls so that they are maintained virus free to the greatest degree possible.

4. Data Koncepts is specifically NOT liable for:

1. The effects of third party software (e.g., Microsoft's PowerPoint viewer, Macromedia's Flash viewer, any browser, etc.).
   
2. Suitability for the Clients' intended purposes or that the products are used in a legal manner.
   
3. For a Clients' misuse of Data Koncepts services or the products it procures at a Client's direction.
4. Manufacturer's defects (if a product should fail during the manufacturer's warranty period, client's only recourse is from the manufacturer).