Any person who has signed a contract(s) with KidsKonnect.com for the purpose of posting direct links for advertising shall be referred to as “Customer” in the following document. All materials supplied to KidsKonnect.com, including graphics, text, logos; etc shall be referred to as the “Work”. All Work supplied to KidsKonnect.com shall be submitted to the specifications provided by KidsKonnect.com. Work designed by KidKonnect.com for a Customer will also be set to KidKonnect.com specifications
1.) Posting of Contracted Work
KidsKonnect.com reserves the right to review and inspect all materials supplied for inclusion on KidsKonnect.com. Kids Konnect.com will post your advertising link after we have received payment and we have verified and screened the order(s).All services provided by KidsKonnect.com may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be inappropriate for children, material Kids Konnect.com judges to be threatening or obscene.Examples of unacceptable material that links to:
Pirated Software sites
Hack programs and archives
And others as deemed inappropriate by KidKonnect.com
2.) Zero Tolerance Spam Policy
We commit to a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt in" will be treated as spam. Any Customer who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any link connected to a website web site or other component that does not comply with this policy, at KidKonnect.com sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of KidsKonnect.com. All rights reserved.
3.) Payment Information
Customer agrees to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify KidsKonnect.com of your desire to cancel any or all services received, those services will be billed on a recurring basis or as specified by the contract.Customer agrees to pay KidsKonnect.com the contracted fee prior to date of KidsKonnect.com posting of the Work, which shall be dated as of the date of delivery of the finished Work. In the event that Work is postponed at the request of the Customer, KidsKonnect.com shall have the right to bill pro rated for the work completed through the date of that request, while reserving all other rights under this Agreement.
3.5) Missed or Failed Payment
Any Customer who pays for services month-to-month and fails to make payment in full by the due date will have their Work removed from the KidsKonnect.com website.After 5 days of non payment a one time additional charge of $50.00 will be added to the monthly fee in order to reinstate any Work that has been removed from the website due to late payment.
All invoices generated will be distributed via your email address on account. It is up to the account holder to keep this information current and maintain access to the email address on account.
4.) Price ChangeKidsKonnect.com shall be authorized to change pricing upon the expiration of each client’s current contract.
4.5) Currency All Currency is displayed in US dollars. All transactions are performed using US Dollars as the form of currency for any transaction be it cash, check, or electronic funds. Electronic funds are understood to be, but not limited to, PayPal, bank transfer, or credit card.
5.) Backups and Data Loss
Your use of the service is at your sole risk. KidsKonnect.com is not responsible for files and data residing on the website. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers or supplied to Kids Konnect .com Work performed by KidsKonnect.com shall be forwarded to the Customer for backup purposes and shall become the responsibility of the Customer to maintain backup copies.
6. Revisions. Kids Konnect.com shall make any revisions requested by the Customer. Change orders to the Work must be submitted in writing, email or hard copy before changes will be made. If the revisions are not due to any fault on the part of KidsKonnect.com, an additional fee shall be charged (minimum of $50.00). If KidsKonnect.com objects to any revisions wanted by the Customer, KidsKonnect.com shall have the right to refuse service.
7.) Cancellation and RefundsAll services provided by KidsKonnect.com are in contract form which allows Customer’s to cancel service at anytime.Monthly payments will be made in advance of posting Work and will be not be refundable after the first day of the billing cycle.
Customer agrees that it shall defend, indemnify, save and hold KidKonnect.com and its agents, subsidiaries, service providers or representatives harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from KidsKonnect.com’s website.
9. Permission and Releases. The Customer agrees to indemnify and hold harmless Kids Konnect.com and its agents, subsidiaries, service providers or representatives against any and all claims, costs, and expenses including attorney's fees, due to materials included in the Work at the request of the Customer for which no copyright permission or no privacy release was requested or uses which exceed the uses allowed pursuant to a permission or release.
10. Responsibility of Errors & Omissions. For Work performed by KidsKonnect.com, the responsibility for errors & omissions resides with the Customer. The Work is to be performed in accordance to KidsKonnect.com specifications with sketches, reference materials, specifications and layouts provided by the Customer and as negotiated. It is the Customer’s responsibility to determine if the Work submitted is fit for the Customer’s particular use. This responsibility includes and is not limited to visual issues, grammar, spelling, mechanics, calculations, legal implications of content etc. All Work is delivered as is, as presented.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
12.) Limitation of Remedies
In no way shall Kids Konnect.com be liable for any damages beyond the scope of the services described on Kids Konnect.com, consequential or other wise. KidsKonnect.com and its suppliers’ entire liability and your exclusive remedy shall be, at KidsKonnect.com’s option to repair or replace service with like or similar service provided by KidsKonnect.com
13.) No Liability for Consequential Damages
To the maximum extent permitted by applicable law, in no event shall KidsKonnect.com or its agents, subsidiaries, service providers or representatives be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss) arising out of the use of or inability to use service.
14.) No Waiver
If any provision of this agreement is deemed to be illegal or otherwise void, invalid, or unenforceable, such provision or part thereof shall be discarded and the remainder of this agreement without such provision or part thereof shall remain in full force and effect.
All disputes arising under this Agreement shall be submitted to binding arbitration before a judge at the Lake County Court House and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $2,500.00 shall not be subject to this arbitration provision.
This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. This Agreement shall be governed by the laws of the State of Illinois, USA.
17. Authorized Agent. Both the Customer and KidsKonnect hereby represent and warrant that they have been and are on the date of this agreement duly authorized by all necessary and appropriate action to execute and deliver this Agreement on behalf of themselves or their respective principal.
18.) Changes to the Terms and Conditions
We reserve the right to revise our policies at any time without notice.
19.) Failure to Comply with Terms of ServiceKidsKonnect.com may deny and or terminate service(s) without notice if Customer, in conduct or activities, that KidsKonnect.com in is sole discretion believes violates and of the terms and conditions in this Agreement.If KidsKonnect.com denies Customer Service(s) because of such a violation, Customer shall have no right to obtain any credit(s) otherwise due to Customer, and such credit(s) shall be forfeited.