TERMS AND CONDITIONS
1.1. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site or stated by our staff.
1.2. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
1.3. All payments must be in US Dollars.
1.4. If your check is returned by the bank as unpaid for any reason, you will be liable for a “returned check” charge of $40.00.
1.5. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the provision of Services to you.
1.6. If an account goes unpaid for at least seven days, a $10.00 late payment fee will be applied.
1.7. Accounts that remain outstanding for 30 days after the service date, will incur an extra charge of 4% above the bank base rate per month of the outstanding amount.
2.1. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
2.2. If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
2.3. No refunds will be made for Services suspended in accordance with 2.1 and 2.2.
2.4. We reserve the right to suspend the Services and/or terminate this Agreement at any time.
3.1. You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
4. LIMITATION OF LIABILITY
4.1. All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to subclause 5.2.
4.2. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.
4.3. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
4.4. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
4.5. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
5. PLANNED WORKS
5.1. All work is carried out by K&R Consulting on the understanding that the client has agreed to K&R Consulting’s Terms and Conditions.
5.2. Copyright is retained by K&R Consulting on all work including words, ideas and illustrations unless/until specifically released in writing.
6.1. Fees for services provided by K&R Consulting will be billed after each session. Phone and Skype customers paying by Credit Card may be required to provide a signed Authorization for Credit Card Use for recurring charges or for electronic payments.
7. ACCOUNT DEFAULT
7.1. An account shall be considered default if it remains unpaid for 30 days from the date of service, or following a returned check. This does not relieve the customer of it’s obligation to pay the due amount. Customers whose accounts become default agree to pay K&R Consulting’s reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
8.1. K&R Consulting reserves the right to revise, amend, or modify these Terms and Conditions, and any of our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our Terms and Conditions.
9.1. Cancellation of sessions may be made by telephone contact, or e-mail. Customer must give at least 24 hours notice of cancellation. For cancellations made is less than 24 hours, customer may be charged the full session fee unless K&R Consulting are able to fill it with another client. The only time this fee is waived is in the event of serious or contagious illness or emergency.
10.1. K&R Consulting makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. K&R Consulting will not be held responsible for any and all damages resulting from products and/or services it supplies. K&R Consulting is not responsible for any loss, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold K&R Consulting responsible for any such loss or damage. Any claim against K&R Consulting shall be limited to the relevant fee(s) paid by the customer.
10.2. K&R Consulting reserves the right to use the services of sub-contractors and usage is bound by their Terms and Conditions. K&R Consulting will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
11.1. These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. K&R Consulting reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
12. APPLICABLE LAW
12.1. This Agreement shall be governed by and construed in accordance with United States Federal law and the laws of the State of Texas and you hereby submit to the nonexclusive jurisdiction of the United States Federal courts.
13.1. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
14. ACCEPTANCE OF FEES AND TERMS AND CONDITIONS
14.1. The scheduling of a session and/or any other services offered by K&R Consulting and validated by the customer’s signature on the Authorization for Credit Card Use or payment receipt constitutes acceptance of the agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and K&R Consulting.