Kiwistic Terms and Conditions

Last Updated: Jan. 03, 2024

These Terms and Conditions (“Terms”) govern the use of the Kiwistic website (the “Website”) and the services offered by Kiwistic (the “Services”). By accessing or using the Website or Services, you (the “Client”) agree to be bound by these Terms.

1. Acceptance of Terms

These Terms constitute a binding agreement between you and Kiwistic. Your access and use of the Website and Services signifies your acceptance of these Terms. If you do not agree to all of these Terms, you may not access or use the Website or Services.

2. Services

Kiwistic provides a variety of services related to WordPress development and Design, including but not limited to:

  • WordPress website design and development
  • Design customization
  • Plugin installation and configuration
  • Content updates
  • Ongoing maintenance and support

The specific services included in a project will be outlined in a separate agreement or proposal.

2.1 Support Hours

  • Each plan includes a specific number of support hours (mentioned in the plan information popup). These hours are for technical support requests related to your WordPress website or Design.
  • Support hours are valid for the current month only and do not roll over to the next month.

2.2 Using Support Hours

  • You can use your support hours for any technical issues with your WordPress website, including plugin conflicts, theme adjustments, or basic troubleshooting or for any Design changes.
  • We will track your remaining support hours and notify you when you are approaching your limit.

2.3 Exceeding Support Hours

  • If you use all your allocated support hours within a month, you will need to purchase a new plan to receive additional support.
  • New subscriptions start immediately upon payment confirmation.

Important:

  • Support hours are not intended for major development projects, or major design changes.
  • We reserve the right to prioritize support requests based on urgency and complexity.

3. Project Scope and Estimates

Kiwistic will provide a project estimate outlining the scope of work, timeline, and fees for each project. The estimate will be based on the information provided by the Client. Kiwistic reserves the right to adjust the estimate if the scope of the project changes.

4. Client Responsibilities

The Client is responsible for:

  • Providing all necessary content (text, images, videos, content, etc.) for the project in a timely manner.
  • Reviewing and approving all design mockups and deliverables before they are implemented.
  • Providing access to any required hosting accounts and domain registrations.
  • Obtaining any necessary licenses for third-party software or content used on the website.

5. Payment Terms

Payment terms will be outlined in the project estimate or proposal. Typically, Kiwistic requires a deposit upfront before commencing work and the remaining balance due upon project completion.

6. Revisions

A limited number of revisions will be included in the project estimate. Additional revisions may be subject to additional fees.

7. Warranties and Disclaimers

Kiwistic warrants that the Services will be performed in a professional and workmanlike manner. However, Kiwistic disclaims all other warranties, express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose.

8. Intellectual Property

Kiwistic retains all ownership rights to its intellectual property, including but not limited to its design concepts, code, and other materials.

The Client retains all ownership rights to its content (text, images, videos, content, etc.) used on the website.

9. Limitation of Liability

Kiwistic shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to these Terms or the Services, even if Kiwistic has been advised of the possibility of such damages.

10. Termination

Kiwistic may terminate these Terms or its Services to the Client at any time, with or without cause.

The Client may terminate these Terms by providing Kiwistic with written notice.

In the event of termination, the Client shall be responsible for payment of all Services rendered up to the date of termination.

11. Entire Agreement

These Terms constitute the entire agreement between you and Kiwistic regarding the use of the Website and Services.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Serbia], without regard to its conflict of law provisions.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the Belgrade Arbitration Center (https://www.arbitrationassociation.org/en/belgrade-arbitration-center/). The arbitration shall be held in Belgrade, Serbia.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

15. Waiver

No waiver of any breach of any provision of these Terms shall be deemed a waiver of any subsequent breach.

16. Updates to Terms

Kiwistic may update these Terms at any time by posting a revised version on the Website. You are responsible for checking the Terms periodically for updates. Your continued use of the Website and Services following the posting of any revised Terms constitutes your acceptance of such revised Terms.

17. Contact Information

If you have any questions about these Terms, please contact Kiwistic at info@kiwistic.com.