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1.1 King Code shall render memory and computing capacity available according to your paid annual plan, on a server operated by KingCode, for the storage of websites and for the operation of website functioning that can be utilised via the internet.
1.2 King Code shall create, grant and maintain the connection between the server and the internet so that the data stored on the server can be transmitted to the calling computer without disruption and whenever required by external computers in the internet (clients) by means of the common internet protocols.
1.3 King Code shall endeavour to render the data, stored by the contract partner in accordance with the Terms and Conditions of the agreement, available to the global public via the internet 24 hours a day, seven days a week. King Code does not accept liability for successful access to the respective website, insofar as networks are used that are not exclusively operated by King Code or its direct contractors including their interfaces to third-party networks.
1.4 King Code shall schedule maintenance times for the optimisation and improvement of performance of the systems providing the services, which are, on principle, outside the usual business hours, generally on Sunday between 2 am and 3 am and are only utilised as required. During these maintenance times King Code may shut down its technical facilities as necessary and to a scope that is restricted to a minimum. The customer shall be informed of the execution of maintenance outside the above-mentioned maintenance times by e-mail in a timely manner.
1.5 King Code shall endeavour to render the systems available via internet for at least 98.5% of the annual operating time (availability).
1.6 King Code shall execute an automatic back-up of the stored data on a daily basis.
King Code shall also offer the following supplementary services according to your hosting plan:
2.1 Domain registration: on request, King Code will register domain names on behalf of the customer with the respective issuing body. The customer authorises King Code to issue all declarations or execute all activities necessary for registration of a domain with the respective issuing body, on behalf of the customer. The customer can only expect the actual assignment of the domain name once this has been confirmed by King Code. King Code shall not accept liability and provides no guarantee in respect of the assignment of the domain name orders. The customer shall indemnify King Code against any third party claims in respect of the domain name selected.
2.2 Establishment of access statistics: King Code shall draw up access statistics on the web server for the customer. For this purpose, the server log files are evaluated on a daily basis. Customers can call current and historic statistics for whatever period required via a protected website. The historic statistics are stored for a period of at least two years.
2.3 Spam protection: King Code shall monitor the incoming emails of the customer and shall mark emails that most likely contain undesired advertising (so-called spam emails). King Code shall attempt to mark the e-mails as reliably as possible (marking of as many spam emails as possible, if possible, no marking of desired emails).
3.1 The customer is responsible for maintaining its data on the server. The customer is given a password and the internet address to alter and update the data.
3.2 The customer is obliged not to disclose the login information to unauthorised third parties. Customers shall inform King Code immediately if they obtain knowledge that unauthorised third parties are aware of the password. Unauthorised third parties are not such persons who utilise storage, which forms the subject matter of the agreement, with the knowledge and agreement of the customer.
3.3 Customers shall provide assurance that they do not enter any contents, which infringe legal regulations, third party personal rights and trademark rights or morality. Customers must in particular heed the data protection provisions to the benefit of the users.
3.4 In the event of an infringement of the above condition, customers are obliged to refrain from all further infringements, to compensate King Code for the resultant or resulting loss and to indemnify and exempt King Code from third party claims for damages and the reimbursement of expenses caused by the infringement. The exemption obligation also extends to the obligation to fully exempt King Code from all legal defence costs (costs for courts, lawyers, etc.).
3.5 This does not affect King Code's right to take further measures, in particular to bar the contents and to issue an extraordinary notice of termination.
3.6 The customer assumes responsibility for any outstanding renewal fees. If payment is not made prior to the day of hosting renewal date, the customer's website will be suspended and a redemption fee will be charged to cover reconnecting the site to the server. King Code will not be held responsible for expired domain name not being available on repurchase.
4.1 King Code is entitled to disrupt the connection between the stored data and the internet on a temporary basis (barring of the system) if sufficient indications in respect of illegal contents of the stored data exist, in particular as the result of a warning by a supposed infringed party, unless this is obviously unfounded, or as the result of investigations by state authorities. The bar shall be restricted to the supposed infringing contents, if possible. The customer shall be informed of the bar and should be given the reason. The customer shall also be requested to remove the supposed illegal contents or to present their legality and prove it, if necessary. The bar shall be removed as soon as the suspicion has been invalidated.
4.2 If the customer operates programs on the rented storage space, which could negatively impact or, due to known security flaws, threaten the operating characteristics of the systems of King Code or its agents, King Code is entitled to immediately bar the offer of the customer. The bar shall, if possible, be restricted to the programs causing the negative impact. The customer shall be informed immediately of the bar and should be given reasons.
4.3 King Code is further entitled to temporarily disrupt the connection between the stored data and the internet if the customer, on two successive occasions, defaults in paying the agreed fee or a significant part thereof. King Code shall inform the customer that it intends to execute a bar at least 48 hours prior to actual execution. After payment of the arrears, King Code shall immediately remove the bar.
4.4 Despite the bar of an offer for one of the above mentioned reasons, the customer is obliged to pay the agreed fee, even for the period where the bar applies.
6.1 King Code is not responsible for the content of the customer's saved data or the saved contents. King Code also does not accept liability for damage suffered by the customer due to alterations of the saved data by the customer or other internet users.
6.2 In addition, King Code is not liable for any damages caused by the circumvention of password protection and similar protection facilities through "hacking" on the server used by the customer. King Code and the customer are both informed of the fact that a binding assurance regarding the security of these protection facilities is not possible due to the manifold opportunities of unauthorised third parties to influence the system in and via the internet.
7.1 The web hosting fees are payable by the customer in advance, at the beginning of a their annual renewal, following invoicing.
7.2 The agreed flat rate comprises an individually agreed volume of storage and monthly data transfer volume. In the event that the agreed volumes are exceeded, the customer shall pay an additional fee. King Code shall inform the customer that the volumes have been exceeded immediately after determining this, at the latest, however, when sending the next regular invoice. If such information is not provided, the obligation to pay the additional fee no longer applies.
8.1 The agreement is concluded for an indefinite period.
8.2 The agreement can be terminated by both parties yearly. The notice of termination must be received by the respective recipient at least one month prior to the day that it should become effective. This does not affect the right of the contract partners to issue a termination for cause.
1.1 The specific deliverables and project requirements shall be governed by the initial quote and project timeline. Payment of a minimum of a deposit represents the agreement by the client to the services listed in the clients quote and invoice issued by King Code.
1.2 Payment of a deposit amount by client represents a confirmation and agreement to services listed in clients invoice- to design, develop and host a website and Necessary additional items as listed in accordance with the proposal, invoice and project timeline.
Changes to this Agreement or to any deliverables in this contract must be submitted in writing and approved by both parties prior to taking place.
King Code agrees to attain design approval from client prior to beginning development by submitting detailed design mockups. Your website will not include any of the following unless previously agreed upon between both parties. Any destructive, crude, insulting, harassing, violent, sexual or any other inappropriate Any and invisible fields or pages. All materials to be supplied by client must be provided with compatible file types and sizes. Until final approval, no portions of above site will be made available to end users. Upon completion and approval of its final Web Site, or upon termination of this Agreement, whichever occurs earlier.
3.1 Both parties may terminate this website development services agreement at any time by providing written notice via email or certified mail. In the event that this website development services agreement is cancelled by either party, King Code shall issue a final invoice for any unbilled time or materials of completed work. Client agrees to pay the final invoice according to the terms of this website development services agreement.
4.1 Before work commences, an initial payment of a minimum of a deposit(percentage of total project fee agreed upon by both parties) is required. The deposit is non refundable and acts as payment for any unsettled amount by the client. According to the project timeline, each stage requires a down payment for that stage of the project. Final handover will then be delivered to the client by King Code once all remaining outstanding balances are settled.