Terms & Conditions
KIDLATZ DEVELOPMENT TERMS AND CONDITIONS
Kidlatz.com is a LOW-COST website hosting service provider managed and operated by J.ARZADON CONSULTING, an Information Technology (IT) Specialist and Consultancy service, located in Quezon City, Philppines.
Kidlatz.com is a "HANDS-FREE" WEBSITE HOSTING SOLUTIONS, which aims to provide an all-in-one Hosting Plan with AFFORDABLE website design and software development, including IT management services to small/medium sized companies and individuals who have no access to technical resources to create their own websites, or who wants a budget-friendly solutions that are technically worry-free at the same time.
Our terms and conditions apply to all our services. Thus, we require everyone to read and understand them carefully to avoid any issues that might arise in the future. For clarity, the term "you" or "his" or "her" or "client" or "customer" or "company" or "individual" or "hosted websites" refer to KIDLATZ clients. The term "services" or “service” or "products" or “product” or “software” refers to products and services being/had been offered by KIDLATZ. The term "KIDLATZ" or "we" or "us" refer to KIDLATZ.COM.
ALL KIDLATZ PRODUCTS AND SERVICES ARE BOUND BY THESE RULES AND CONDITIONS BELOW.
(A) FOR WEBSITE DEVELOPMENT AND HOSTING/EMAIL PLANS
CONTENT FILES AND DATA
Once you create a website with KIDLATZ, we will assign a server folder for where we/you will put all the data files, documents and databases associated with the website we just created. These are YOURS and in the event that you decided to terminate your contract and settled all obligations, we will give it to you intact, including all the backups of these files we have in our servers.
KIDLATZ cannot be forced or obliged to release the above files unless the client settled all his/her current and outstanding obligations.
LIMITATIONS OF FREE WEBSITE(S)
THE USER FILES AND DATA DO NOT INCLUDE THE SOFTWARE FRAMEWORK(S), THE TEMPLATE DESIGN(S), OR ANY FILES THAT WE OFFERED AS FREE ITEMS IN THE HOSTING PACKAGE THAT WAS PURCHASED BY THE CLIENT. THESE FILES ARE OWNED BY KIDLATZ.COM.
FTP/SSH/SFTP ACCESS AND OTHER SIMILAR METHODS ARE RESTRICTED ONLY TO KIDLATZ' TECHNICAL STAFF.
FREE website does not include provision for Secure Socket Layer (SSL) Certificates, Credit Card Merchant Accounts and other services that requires the client to apply personally due to legal processes involved, unless otherwise stipulated in the contract. However, KIDLATZ will be willing to help in any ways possible to provide the technical requirements needed to secure approval of client's applications.
Clients who have paid for the TEMPLATE DESIGN or accumulated/prepaid three (3) yrs minimum lock-in period of continuous hosting at the time of termination of contract, will not be required to pay the website design, provided that the client settled his/her current and outstanding obligations.
All websites running on Kidlatz.com are developed using open-source/free frameworks and tools, unless otherwise stipulated in the hosting package or in the contract. If its open-source/free, we do not sell these software, unless there are customizations involved that requires programming and/or other services. For commercial, non-free software or customizations, we will ask for a fee.
KIDLATZ cannot be forced or obliged to release the above files unless the client settled all his/her current and outstanding obligations.
LIMITATIONS OF FREE DOMAIN(S) FOR LIFE
THE REGISTRATION AND RENEWALS OF THE DOMAIN IS FREE AS LONG AS THE WEBSITE IS HOSTED IN KIDLATZ.COM SERVERS.
Management of the domain's zone file(s), DNS/A/MX records are handled by KIDLATZ exclusively, while the domain is FREE, unless otherwise the domain's registration and renewals are paid by the customer or handled by a third party provider.
In the event of termination of contract, less than three (3) years from the date of the registration, clients who intend to seek ownership of their domain will be required to pay all the costs of registrations and renewals, from the date of purchase up to the last date of renewal or registration. The price will be based on the current price of domain registration posted on KIDLATZ site at the time of the termination of contract.
Failure to renew a website package will result in the cancellation of privilege to use the FREE domain and KIDLATZ has the right to offer or sell it to someone else.
Clients who have accumulated/prepaid three (3) yrs minimum lock-in period of continuous hosting at the time of termination of contract, will not be required to pay the domain costs that exceeds the said period.
KIDLATZ cannot be forced or obliged to point or release the domain's zone file(s), DNS/MX/A records to another hosting provider unless the client settled all his/her current and outstanding obligations.
CONTRACT EXPIRATION AND RENEWAL POLICIES
Contract expiration will strictly follow the date stated in the contract. No extension. The client has to renew the contract on or before the current contract expires.
Failure to settle the renewal invoice could result to termination of service and expiration of the domain, which will enter a minimum of 45 days “redemption” period in which the customer is required to pay the minimum penalty of $160 to redeem it. Penalty amount and currency conversion is SUBJECT to CHANGE without prior notice.
KIDLATZ is not held liable for any interruption of service due to domain expiration.
LIMITATIONS OF FREE DESIGNS
Only designs shown in our catalog of READY-MADE DESIGNS are FREE. The client understands that these designs are shared and non-exclusive. Other KIDLATZ clients have the right to select the same design as they please.
All ready-made designs are being offered AS-IS. We will ask for a fee if modification(s) are requested or if the client ask for an EXCLUSIVE rights for the design selected.
Any design specifications not found in our catalog is considered a CUSTOM DESIGN, which requires additional minimal fee. Custom designs are unique per client.
RESTRICTIONS OF LIMITED/UNLIMITED WEB HOSTING
As a client, you are allowed to upload all the web pages and images needed as long as it is used for the website and does not exceed 50% of the server's maximum resources used for unlimited hosting plan or subject to the storage quota for limited hosting plan. Restrictions includes but not limited to;
• Using the website as a storage facility or backup location.
• Being part or used for Content Delivery Network (CDN)
• Setup/configured for radio or media streaming services.
RESTRICTIONS OF EMAIL / BULK MAILING
Mailing only servers are on a separate Kidlatz's network. A mailing only server primary purpose is sending bulk emails over SMTP. KIDLATZ network is monitored through multiple feedback loops and may terminate, with out prior warning, a server which has a high complaint ratio including servers that may be CAN-SPAM compliant. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination.
TERMINATION OF SERVICE
Both parties (the client and us) can terminate the contract anytime. However, we do not reimburse payments already made for service(s) rendered or product(s) purchased. Furthermore, all items under LIMITATIONS OF FREE WEBSITE(S) and LIMITATIONS OF FREE DOMAIN(S) FOR LIFE have to be enforced.
If the termination is coming from us, it will only be because you violated any of the user guidelines stipulated in our TERMS AND CONDITIONS FOR WEBSITE / EMAIL USAGE AND CONTENTS.
Unless stipulated in the contract, safekeeping of all backups for client folders and data is sole responsibility of the client. KIDLATZ will provide a facility to allow downloading of these backup files. Due to unpredictability of disk drives and other devices being used to store and execute website files, it is strongly advised that clients do their own backups as often as possible. E-MAIL BACKUPS ARE NOT INCLUDED.
BACKUP RESTORATION POLICIES
We might ask for payment if the client requested to restore and upload his/her previous backup data back to the server. We do not provide the facility for user to perform the similar service by himself / herself.
FOR WEBSITE / EMAIL USAGE AND CONTENTS
Any organization or individual who violates any of these rules will have their service terminated immediately without notice. Those who found liable is subject to a forced disconnection fee of P 5,000, and P 1,000 per day that abuse occurred. In addition, actual labor charges and service interruption of other customers caused by this abuse of our Usage Guidelines will be the responsibility of the abuser. Kidlatz.com will not host sites/emails containing any of the following:
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promote unlawful activities
• Promote use of bulk e-mail (for non-bulk email feature/plan) or spam
• Contain content that is threatening, defamatory, fraudulent, obscene or harassing
• Violate intellectual property rights
• Contain nudity or pornographic
• Undermine / cause harm to a Kidlatz Development server or another Kidlatz Client
LIMITATION AND LIABILITY
KIDLATZ SHALL NOT BE RESPOSIBLE OR LIABLE FOR ANY CLAIMED DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM KIDLATZ.COM SERVERS GOING OFF-LINE OR BEING UNAVAILABLE FOR ANY REASON WHATSOEVER. FURTHERMORE, KIDLATZ.COM SHALL NOT BE RESPONSIBLE FOR ANY CLAIMED DAMAGAES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE CORRUPTION OR DELETION OF ANY WEBSITE FILES OR DATA FROM ONE OF KIDLATZ.COM SERVERS. ALL DAMAGES SHALL BE LIMITED TO THE IMMEDIATE TERMINATION OF SERVICE. VIOLATIONS OF THESE TERMS AND CONDITIONS SHOULD BE REFERRED TO REMEDY@KIDLATZ.COM. ALL COMPLAINTS WILL BE INVESTIGATED PROMPTLY.
KIDLATZ CANNOT BE HELD LIABLE FOR SYSTEM DOWNTIME, CRASHES, DATA LOSS, DOMAIN EXPIRATIONS, OR ISSUES RELATED TO SEARCH ENGINE ACTIVITIES. WE CANNOT BE HELD LIABLE FOR ANY PREDICTED ESTIMATE OF PROFITS IN WHICH A CLIENT WOULD HAVE GAINED IF THEIR SITE WAS FUNCTIONING. CERTAIN SERVICES PROVIDED BY KIDLATZ.COM ARE RESOLD. THUS, CERTAIN EQUIPMENT, ROUTING, SOFTWARE, AND PROGRAMMING/TOOLS USED BY KIDLATZ.COM ARE NOT DIRECTLY OWNED OR WRITTEN BY KIDLATZ. MOREOVER, KIDLATZ.COM HOLDS NO RESPONSIBILITY FOR THE USE OF OUR CLIENTS ACCOUNTS. IF ANY TERMS OR CONDITIONS ARE FAILED TO BE FOLLOWED, THE ACCOUNT IN QUESTION WILL BE AUTOMATICALLY DEACTIVATED. WE RESERVE THE RIGHT TO REMOVE ANY ACCOUNT WITHOUT ADVANCED NOTICE FOR ANY REASON WITHOUT RESTITUTION AS KIDLATZ.COM SEES FIT. FURTHERMORE, KIDLATZ RETAINS THE RIGHT TO CHANGE ANY OR ALL OF THE ABOVE POLICIES,GUIDELINES, AND DISCLAIMER WITHOUT NOTIFICATION.
(B) FOR CUSTOM WEB APPLICATIONS AND SOFTWARE DEVELOPMENT
STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for products and services that are considered CUSTOM DEVELOPMENT and will apply to all contracts and all works undertaken by KIDLATZ for its clients.
SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material, including third party software tools and plug-ins unless agreed upon. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
You have the opportunity to make revisions to the Product specifications. However, we have the right to limit the number of revisions to a reasonable amount and may charge for additional if you make a change to the original Product specifications. Our custom development process is flexible and allows certain variations to the original specifications. However any major deviation from the original specifications will be charged extra as per contract agreement or based on KIDLATZ standard hourly and/or package rate.
PROJECT DELAYS AND CLIENT LIABILITY
During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a contact person be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
After contract execution and product development commencement. We, acting reasonably, consider that you have been unreasonable in any of our work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
KIDLATZ cannot be forced or obliged to refund any advance payment received if the client decides to cancel the Product development contract.
CUSTOM DEVELOPMENT IS AUTOMATICALLY LICENSED TO THE CLIENT WHO REQUESTED AND PAID FOR THE DEVELOPED PRODUCT. But the client must obtain all necessary permissions and authorities in respect of the use of all third party graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your Product unless agreed upon. The automatic granting of license is limited, non-exclusive, non-transferable, and without the right to sub-license except as permitted by a written agreement between the client and us.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your Product.
YOU are not authorized to resell, distribute, transfer, rent, or lease custom developed Software PRODUCT unless specifically agreed to in writing by KIDLATZ.
LIMITATION OF SOFTWARE PRODUCT USE
You may not attempt to, and, if you are an organization, you are responsible to prevent your employees and contractors from attempting to, (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sub-license, or distribute the Software; (b) rent or lease any rights in the Software in any form to any third party or make the software available or accessible to third parties in any other manner; (c) except as agreed upon under the SOFTWARE TRANSFER conditions, or (d) remove any proprietary notice, labels, or marks on the Software product.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
LIMITATION AND LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIDLATZ IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT OR SERVICE OR ANY INCONVENIENCE OR DAMAGES OF ANY CHARACTER, WHETHER DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECTION WITH HIGH RISK ACTIVITIES, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT RETURNED TO KIDLATZ FOR WARRANTY SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF CONTRACT AGREEMENT, EVEN IF KIDLATZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY WILL BE LIMITED AT OUR OPTION TO THE CODING UPDATE, MODULE REPAIR OR PROVIDING OF THE SERVICES THAT WE WERE CONTRACTED TO PERFORM EXCLUDING RECTIFYING ANY THIRD PARTY SOFTWARE APPLICATIONS INCLUDED. FURTHERMORE, WE WILL NOT BE HELD LIABLE TO ANY PERFORMANCE ISSUES OF THIRD PARTY TOOLS AND PLUG-INS USED AS PART OF THE PRODUCT FEATURES AND/OR FUNCTIONALITY.
INCASE THE PRODUCT IS USED IN PART OR IN WHOLE FOR AN ONLINE SYSTEM, KIDLATZ CANNOT BE HELD LIABLE FOR ISSUES RELATED TO SEARCH ENGINE ACTIVITIES.
EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN THE CONTRACT AGREEMENT BETWEEN KIDLATZ AND THE CLIENT, THE PRODUCT IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, AND NON-INFRINGEMENT. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED WHERE A PRODUCT IS IMPLEMENTED OR SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE DEVELOPMENT REMEDY PERIOD TO BE EVALUATED.