Terms and Agreements
1.0 TERM :
1-1 - The minimum service period
for dedicated KDI (Kobelt Development
Incorporated) service access is
12 months from the effective date.
2.0 TERMINATION
:
2.1 - You may terminate your subscription
to any fee-based content and/or
services by contacting KDI
Billing Department. If you have
purchased an automatically renewing
subscription, you will not be charged
the monthy subscription fee thereafter
(but there are no refunds of subscription
fees previously paid).
3.0 GENERAL
:
3.1 - In no events shall KDI be
liable for the usefulness, quality,
or content of data accessed by the
Customer through KDI facilities,
nor responsible for any loss due
to temporary or permanent failure
of service provision, nor for use
of the service by Customer or any
third party of illegal purposes,
Customer will indemnify, and hold
harmless KDI from any action by
third party related to Customer's
subscription to KDI services.
3.2 - In no events shall KDI be
liable for delays or non-fulfillment
of its obligations under these Terms
and Conditions or other losses arising
on account of acts of God, fire
labor disputes of any nature, accident,
supplier failure or delay, or other
causes beyond the reasonable control
of KDI.
3.3 - KDI places no general restrictions
on the use of data or information
retrieved by Customer through KDI
facilities, rather the license,
copyright, public domain, trade
secret, or any other protection
covering such data will apply.
3.4 - The provision of service access
at any particular connection rate
does not constitute a guarantee
of the end to end throughput or
bandwidth available to the
Customer.
3.5 - KDI will inform Customer when
service is operational and billing
will commence as of the so specified
date, this becoming the "Effective
Date".
3.6 - KDI will furnish contact information
to enable Customer to report and
resolve service problems.
3.7 - These Terms and Conditions
constitute the entire Agreement
between Customer and KDI. Any modifications
of these Terms and Conditions must
be in writing and signed by
a duly authorized representative
of Customer and a duly authorized
officer of KDI.
4.0 - TERMINATION
FOR CAUSE :
4.1 - Either party may terminate
this Agreement for cause without
penalty in the event that the other
party breaches any material term
of this Agreement. Prior to such
termination, the party intending
to terminate shall first give the
other party written notice of its
intent to terminate which shall
clearly describe problem(s) constituting
cause. The other party will have
30 days from the date of receipt
of such notice to correct the problem.
If the is not corrected within
such period, the party intending
to terminate may terminate this
Agreement on such 30th day without
penalty.
4.2 - KDI services may be used only
for lawful purposes. Use of KDI.
services in violation of any applicable
law or regulation is prohibited.
This includes, but not limited
to: transmitting data which is threatening,
pornographic, obscene, offensive or
defamatory; which belongs to a third
party and is protected by copyright,
trade secrets, patent or other intellectual
property laws; or violates export
control laws. Any access to other
networks connected to KDI must comply
with the rules appropriate for the
other networks. The Customer
agrees to indemnify and hold harmless
KDI from any claims resulting from
the Customer's use of the service
or the use of the service by any
of Customer's clients which damages
Kobelt Development Incorporated,
or another party. If Customer violates
KDI's acceptable use policy,
or permit such violation, KDI shall
notify Customer of such violation
and if Customer does not remedy
such violation within ten days of
Customer's receipt of such notice,
KDI may terminate this Agreement
without penalty.
4.3 - KDI enforces a policy of "NO
TOLERANCE" with respect to SPAM
and abusive unsolicited email. If
you use your KDI access to compromise
any Network services, your access
and hosting via KDI may be discontinued.
4.4 - KDI will not host sites containing
pornographic or objectionable material
on its servers.
- If any amounts due and owing by
Customer remain unpaid 60 days after
date of invoice, KDI may terminate
this Agreement upon written notice
without penalty.
5.0 - CONTRACT
RENEWAL :
This Agreement will automatically
be renewed for a further term of
one year from the expiry date unless
cancelled by notice in writing given
to KDI by the Customer, or to the
Customer by KDI, at least 60 days
prior to the expiry date.
6.0 - CONTRACT
RENEWAL PRICING :
This Agreement is for one year and
on any anniversary date, the price
shown in this Agreement is
subject to revision in accordance
with our prevailing rates.
7.0 - ASSIGNMENT
:
This Agreement shall not be assigned,
without the prior written consent
of KDI. (such consent not
to be reasonably withheld).
The assignee shall have agreed to
comply with and be bound by the
terms of this Agreement and the
assignor shall remain liable under
this Agreement not withstanding
such assignment.
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