TERMS AND AGREEMENT
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.