TERMS OF SERVICE
By purchasing a Kodaworks Website you confirm that you (the client) agree to adhere by these terms and conditions of these terms of service. These terms of service are legally binding and represent an agreement between you (the client) and Kodaworks (the provider/”Kodaworks ”).
- Kodaworks designs, builds, and hosts websites and provides online support.
- The client has the right to, title, and interest in a website containing intellectual property owned by the client together with, but not limited to textual content, video and/or audio.
- The client wants Kodaworks to host its website and understands that Kodaworks websites must be hosted on Kodaworks servers.
- This agreement shall take full force and effect as and from the date of the client’s purchase of the website.
- Kodaworks shall supply to the client all services necessary to effectively host the clients’ website and make available for a fee to the client the services of Kodaworks to provide to the client online support for the ongoing administration and maintenance of the clients website hosted by Kodaworks in circumstances where the client requests such support.
- This Agreement may change from time to time. In the event that this Agreement changes, Kodaworks shall advise the client in writing at least 60 days before the changes shall take effect. If the client asserts that any changes to this Agreement show unfair bias against the interests of the client in favour of Kodaworks, the client agrees to dispute the application of the changes in writing prior to the changes taking effect. In the event of a dispute the client will either be provided with a written exemption from the specific changes within this Agreement that the client asserts to be unfair, or if this is not possible the client may at its option terminate this Agreement by giving 30 days’ notice to Kodaworks whereupon Kodaworks shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the client on or before the date of the termination of this Agreement.
- Kodaworks may terminate the Agreement without notice to the client in the event Kodaworks becomes aware of any of the following:-
- content on the client’s website (including content generated by users of the client’s website) that does not comply with the acceptable use policy of Kodaworks.
- notwithstanding the terms of acceptable use policy of Kodaworks any matters that is either offensive and/or obscene, seditious defamatory or inappropriate in the opinion of Kodaworks;
- The client warrants to Kodaworks that it shall not by its conduct frustrate Kodaworks from hosting its website or withhold the necessary support to Kodaworks for the effective hosting of the website. Kodaworks shall not be liable for any interruption to the provision of the client or the hosting services where an interruption is beyond the control of Kodaworks including but not limited to force majeure.
- Kodaworks warrant to the client that 99.9% of the time in any given month the client’s website will work when accessed from a browser with unrestricted access to the internet. In this Service Level Agreement the expression “availability” shall have the meaning of availability to users of the internet unaffected by local or network limitation. In the event that the website is available in any given calendar month for a period of time less than 99.9% Kodaworks shall give to the client a rebate of their monthly fees to be calculated on a pro rata basis for the time that the website was offline in that given calendar month. Kodaworks shall not be liable for any losses in circumstances where the client’s site is offline at any point reflecting a monetary sum beyond the sum required paid for hosting in that given calendar month.
- In the event Kodaworks terminates this Agreement as a result of any breach of this Agreement by the client and withdraws its hosting services from the client whereby the client’s web page is no longer hosted on the internet:
- Kodaworks will not be liable for any loss or damage arising from the withdrawal of the hosting services from the client.
- Kodaworks will advise the client of any foreseeable interruption to the hosting service, and provide up-to-date network status and service availability information via email within business hours
- Notwithstanding anything contained in the acceptable use policy of Kodaworks as set out in this Agreement the client warrants to Kodaworks that it is the lawful owner of or has permission from the lawful owner to publish all intellectual property published on its website that it has requested Kodaworks to host. In the event that the client, in allowing Kodaworks to host its website breaches any law of but not limited to the Republic of Ireland, Kodaworks may terminate this Agreement without prejudice to the rights of Kodaworks to seek one or all of compensation damages indemnities relating to liability incurred as a result of the client’s aforementioned breaches.
METHOD OF PAYMENT
- The client agrees to:
- Make payments to Kodaworks upon receipt of a tax invoice from Kodaworks for hosting charges which shall be charged in advance.
- Make payments to Kodaworks upon receipt of a tax invoice from Kodaworks for excess charges for messages or data which shall be charged in arrears.
- Make payments punctually on the first of each calendar month in accordance with the billing periods which shall be based on calendar months.
- That in the event the client defaults in any payment of a tax invoice from Kodaworks rendered to them Kodaworks may without notice to the client suspend or terminate hosting or development services until such time that the client has paid to Kodaworks in full any outstanding amounts due and owing pursuant to any tax invoice rendered by Kodaworks to the client pursuant to this agreement.
- In the event this Agreement is terminated by the client the client agrees to pay to Kodaworks an amount to be costed on the basis of all services provided by Kodaworks that remain unbilled as at the date of termination.
- In the event the client is a corporation, the directors of the client agree to be parties to this Agreement and guarantee the performance of the client and further agree to assume each and every liability and obligation of the client pursuant to this Agreement in the event of and as and when the directors of the client are called upon to do so for whatever reason. The obligations of the directors of the client include but are not limited to the payment of any and all tax invoices rendered to the client by Kodaworks .
- The client agrees to advise Kodaworks of any change of contact details. Kodaworks will not be liable for any consequences of tax invoices or other notices or documentation being sent to incorrect addresses as a result of a failure of the client to provide notice of a change of said details.
FAIR USE, REPUDIATORY CONDUCT AND DISPUTES
- The client agrees not to engage in excessive contact, which includes but is not limited to:
- Repeatedly asking for assistance with matters outside Kodaworks control, responsibility, or remit, after Kodaworks has advised the client that this is the case, including but not limited to: basic computer assistance, business advice or other technical assistance not related to Kodaworks services.
- Repeatedly and unreasonably asking for assistance with matters with which Kodaworks has previously provided training. The client agrees to endeavour to understand the training they are provided.
- Excessive phone calls or emails to the extent that it has a detrimental impact on our ability to service our other clients.
- Demands for assistance with non-urgent matters outside of Kodaworks support hours where urgency is determined at the sole discretion of Kodaworks.
- If Kodaworks determines that the client is engaging in excessive contact, it will provide written notice to the client of this determination, and the client agrees that Kodaworks at its sole discretion may as a result undertake any or all of the following actions:
- Apply a restriction on contact time permitted with the client
- Invoice the client for all or a portion of time spent on the phone, responding to emails and support tickets, and any other undertakings required to service the client
- Suspend and/or terminate the client’s provision of services, not before a third warning has been given. Warnings may not be given any more frequently than every seven days.
- Kodaworks agrees that notices of excessive contact must be provided within 30 days of said excessive contact and the determination can only be made on the basis of activity within the 90 days preceding the date the notice is issued.
- The client agrees that any dispute it wishes to make to a notice of excessive contact must be provided in writing to Kodaworks within 14 days of the issue of the notice.
- The client agrees not to engage in repudiatory conduct, which includes but is not limited to:
- Abusive behaviour towards staff, agents, partners or directors of Kodaworks , which includes threatening behaviour and/or speech
- Defamation of staff, agents, or directors of Kodaworks , or of Kodaworks or related businesses
- The client agrees that in instances of repudiatory conduct, Kodaworks is entitled to immediately terminate this agreement without prejudice to its rights to seek one or all of compensation, damages, or indemnities relating to the conduct.
REFUND REQUESTS AND RESCHEDULING
- non-refundable expenses and time associated on behalf of the customer or the trainer.
- services already provided
- services paid for but not used by the customer due to reasons unrelated to our availability or willingness. i.e., forgetting, illness, lack of time. Rescheduling is often an option.
The information, services, products, claims, topics, and materials on our Sites are provided “as is” and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or strategies listed on this site as well as those that are provided in our products or to our participants at our events. The only exception is the guarantees of satisfaction and graduation that are clearly labeled guarantees within our Sites.
Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Sites will be uninterrupted or error-free, that defects will be corrected, or that the Sites or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products, information or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We do not endorse, warrant or guarantee any writers, speakers, products or services offered on the Sites or those we link to. We are not a party to, and do not monitor, any transaction between users and third-party providers of products or services.
LIMITATION OF LIBILITY
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information on the Sites, or any products or services provided pursuant to the Sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any advice, goods or services you receive from a guest speaker on our Sites or at one of our events.
We are also not responsible or liable for any loss or damage that is caused or alleged to have been caused to our guest blog posters or speakers in connection with the display of their photo, name, or biography posted on our Sites or in our marketing materials.
CONFIDENTIALITY AND NON-COMPETE
Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, so users agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Promoter will pursue legal action and full damages if these terms are violated in order to protect its rights.
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this site from office in the Ireland. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
1 ON 1 COACHING
Under no circumstances, including but not limited to negligence, will kodaworks or any of our staff be liable for any special or consequential damages that result from the use of, or the inability to use, the materials or information provided during coaching sessions, or coaching calls, even if advised of the possibility of such damages priorly.
MONEY BACK GUARANTEE REQUIREMENTS
You must implement all strategies taught in the course or program. You must watch all training videos, review all resources, and complete every corresponding action item in the course or program. The course’s content is subject to change, but you are required to complete all material of the course that was available to you at your time of purchase. You must show documented proof that you have completed the course and tracked your results or progress as indicated in the course. Each course or training program consists of videos, slideshows, and other training materials and you must complete all modules AND take action steps on actionable activities as outlined in the course in order to claim a refund. You must show documented proof that you have made attempts to implement all of the strategies taught in the program or course before requesting a refund.
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