TERMS OF SERVICE

BY PLACING AN ORDER FOR A WEBSITE WITH VIRTUAL CANVAS LTD DIRECTLY WITH US OR VIA A THIRD PARTY, YOU CONFIRM THAT YOU ARE IN AGREEMENT WITH AND BOUND BY THE TERMS AND CONDITIONS BELOW:

1. VIRTUAL CANVAS LTD WILL CARRY OUT WORK ONLY WHERE AN AGREEMENT IS PROVIDED ONLINE OR BY EMAIL WITH THE FOLLOWING REFUND POLICY:

  • FULL REFUND: IN CASES WHERE THE PROJECT HAS NOT BEEN STARTED.

  • PARTIAL REFUND: IF YOU FEEL THE WORK PRODUCED DOES NOT MEET YOUR INITIAL BRIEF A PARTIAL REFUND MAY BE GIVEN. THIS WILL BE THE AMOUNT PAID LESS THE BASE COST OF THE TIME SPENT ON THE WORK.

  • NO REFUNDS: IF THE WEBSITE HAS BEEN APPROVED, LAUNCHED OR COMPLETED NO REFUND IS PAYABLE.

2. WEBSITES CREATED ON WORDPRESS AND/OR HOSTED ON OUR SERVERS CANNOT BE TRANSFERRED TO ANOTHER HOSTING SERVER OR AGENCY. VIRTUAL CANVAS LTD CANNOT ACCEPT LIABILITY FOR LOSSES CAUSED BY ANY ATEMPT TO TRANSFER THE WEBSITE TO ANOTHER HOSTING SERVER OR AGENCY. IF YOU CHOSE TO TRANSFER TO ANOTHER ANGENCY THEN DURING THE CHANGE OVER BETWEEN AGENCIES VIRTUAL CANVAS LTD IS NOT RESPONSIBLE FOR THE UNAVAILABILITY, MALFUNCTION OR INTERRUPTION OF EITHER SERVICE, OR FOR LOSS OF TURNOVER, SALES, REVENUE, PROFITS OR INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS.

3. YOU CAN CHOOSE TO CHANGE THE AGENCY FOR THE WEBSITE AND USE ANOTHER WEB DEVELOPER HOWEVER, VIRTUAL CANVAS LTD WILL ONLY TRANSFER THE DOMAIN NAME TO THE NEW AGENCY.  ALL SOURCE CODE AND DESIGN DETAILS WILL BE RETAINED BY VIRTUAL CANVAS LTD AND WILL NOT BE SHARED WITH THE NEW AGENCY/DESIGNER. YOUR NEW AGENCY WILL NEED TO CREATE A NEW WEBSITE FOR YOU, AND THEY WILL NOT BE GIVEN ACCESS TO THE WORDPRESS BACKEND OR HOSTING SERVER FILES. THE WEBSITE WILL BE IMMEDIATELY SHUT DOWN AND MADE INACTIVE AND NO REFUND WILL BE GIVEN TO YOU.

4. ONCE YOUR SITE IS LIVE ON YOUR DOMAIN IT IS ASSUMED THAT THE PROJECT HAS BEEN COMPLETED TO YOUR SATISFACTION. ANY ADDITIONAL WORK IS THEN CHARGED AT THE PREVAILING SUPPORT COST.

5. YOU WILL NOT BE GIVEN ADMINISTRATIVE RIGHTS TO YOUR WEBSITE, SO YOU WILL NOT BE ABLE TO MAKE CHANGES TO YOUR OWN SITE AND AMEND CONTENT. VIRTUAL CANVAS LTD DOES NOT ACCEPT RESPONSIBILITY FOR ANY CHANGES THAT YOU MAKE TO YOUR SITE THROUGH OTHER MEANS. DURING THE TERM, DUE TO NATURE OF THE BUSINESS ACTIVITIES THE DEVELOPER SHALL ENGAGE IN OTHER WEBSITE MAINTENANCE ACTIVITIES AND WEBSITE DEVELOPMENT FOR OTHER CLIENTS. CLIENT IS ALLOWED TO ENGAGE WITH OTHER WEBSITE AGENCIES TO CREATE AND MAINTAIN OTHER WEBSITES THAT THEY MAY OWN. HOWEVER, THE CLIENTS WEBSITE THAT IS BUILT BY VIRTUAL CANVAS LTD ON THE DOMIAN PROVIDED AND STATED IN THE CONTRACT, WILL ONLY BE UPDATED AND MAINTAINED BY VIRTUAL CANVAS LTD, AND IS THE SOLE RESPONSIBILITY OF VIRTUAL CANVAS LTD. NO THIRD PARTIES OR OTHER AGENCIES WILL BE ALLOWED ACCESS TO THE WEBSITE’S BACKEND, HOSTING SERVERS, WEBSITE FILES ETC. UNLESS VIRTUAL CANVAS LTD HAS GIVEN CONSENT FOR A PARTICULAR REASON FOR A PERIOD OF TIME. THE CLIENT WILL BE GIVEN LIMITED ACCESS TO THE BACKEND OF THE WEBSITE TO VIEW THE ANALYTICS OF THE WEBSITE. THE CLIENT WILL NOT BE GRANTED ACCESS FROM THE WORDPRESS BACKEND OR THE HOSTING SERVER TO VIEW OR EDIT PAGES, PRODUCTS, PLUGINS, THEMES AND APPEARANCE OF THE WEBSITE. IN ADDITION, ACCESS TO THE WORDPRESS CUSTOMISER WILL NOT BE GIVEN. IF IN THE FUTURE THE WEBSITE BECOMES AN ECOMMERCE WEBSITE, THEN THE CLIENT WILL RECEIVE LOGIN DETAIL (IF REQUESTED) TO ONLY AMEND THE PRODUCTS AND NOTHING ELSE AS WELL AS VIEW ORDERS.

6. ALL TEXT AND IMAGES SUBMITTED MUST BE FREE OF COPYRIGHT. VIRTUAL CANVAS LTD ACCEPTS NO RESPONSIBILITY FOR ANY INFRINGEMENT OF COPYRIGHT LAW ARISING FROM ANY TEXT OR IMAGES USED ON YOUR SITE. TEXT NEEDS TO BE SENT IN A FORMAT THAT ALLOWS US TO COPY AND PASTE, KEEPING THE EXISTING FORMATTING IN PLACE.

7. WE MAY INCLUDE PLUGINS ON YOUR WEBSITE TO IMPROVE THE OVERALL USER EXPERIENCE ON YOUR SITE. THESE INCLUDE BUT ARE NOT LIMITED TO CONTACT FORMS, IMAGE SLIDESHOWS, VIDEOS AND MAPS. WE ALSO INCLUDE OUR OWN PREMIUM PLUGINS THAT WE DO NOT CHARGE OUR CLIENTS FOR, AS THESE PLUGINS HELP US TO MAKE UNIQUE AND CUSTOM WEBSITES (THESE PLUGINS ARE NOT TRANSFERABLE TO THE CLIENT IF THEY CHANGE AGENCY AND DETAILS OF THESE PLUGINS WILL NOT BE SHARED). AS THESE ARE THIRD PARTY APPS HOSTED BY ANOTHER SUPPLIER WE CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSS OF SERVICE OR MALFUNCTION THAT MAY OCCUR. EACH THIRD PARTY RESERVES THE RIGHT TO ALTER OR REMOVE THEIR SERVICE AND OR CHARGE FEES IF CERTAIN USAGE LIMITS ARE REACHED. CUSTOMERS WILL BE NOTIFIED IN SUCH EVENT AND WOULD BE ABLE TO DECIDE WHETHER OR NOT TO CONTINUE WITH THE SERVICE OR TO FIND AN ALTERNATIVE PROVIDER. ANY PAID PLUGINS WILL BE CHARGED ANNUALLY AND IF FOR ANY REASON THE CLIENT WISHES TO USE ANOTHER AGENCY FOR THEIR WEBSITE, THESE PLUGINS LICENSES ARE NOT TRANSFERRABLE OR REFUNDABLE.

8. WE RESERVE THE RIGHT TO INCLUDE A SCREENSHOT WITH A LINK TO YOUR COMPLETED WEBSITE ON THE PORTFOLIO PAGE OF OUR WEBSITE, REVIEW WEBSITES, AND ON ANY OF OUR SOCIAL MEDIA ACCOUNTS.

9. ALL SITES CAN BE VIEWED ON LAPTOPS, PC’S, TABLETS AND MOBILE DEVICES RUNNING THE LATEST VERSIONS OF INTERNET EXPLORER, MOZILLA FIREFOX, GOOGLE CHROME AND SAFARI.

10. HOSTING SERVICES ARE PROVIDED BY OUR CHOSEN THIRD PARY PROVIDER AND ARE SOLEY MANAGED BY VIRTUAL CANVAS LTD  AND WE WILL NOT USE ANY OTHER HOSTING SERVICE PROVIDERS. THE HOSTING SERVICES WE USE HAVE BEEN CHOSEN BY US, TO ENSURE OPTIMUM PERFORMANCE AND SECURITY FOR YOUR WEBSITE. UNFORTUNATELY, WE DO NOT ALLOW OUR CLIENTS TO CHANGE HOSTING PROVIDERS OR USE THEIR OWN HOSTING SERVICES. YOUR HOSTING PERIOD BEGINS ONCE YOUR SITE IS FIRST CREATED OR ONE MONTH AFTER YOU PLACE YOUR ORDER, OR ONCE YOUR DOMAIN HAS BEEN REGISTERED AND LINKED TO OUR HOSTING SERVERS (WHICHEVER COMES FIRST). IF YOU DO NOT MAKE YOUR PAYMENTS ON TIME THE HOSTING WILL EXPIRE AND YOUR SITE WILL NO LONGER BE LIVE. ONCE HOSTING HAS EXPIRED, IT WILL BE POSSIBLE TO REINSTATE YOUR WEBSITE WITHIN A PERIOD OF 7 DAYS, AFTER 30 DAYS YOUR SITE WILL BE PERMANENTLY DELETED. VIRTUAL CANVAS LTD EXCLUDES LIABILITY FOR ANY LOSS OF PROFIT CAUSED TO THE CUSTOMER BY THE EXPIRATION OF THE HOSTING AS A RESULT OF THE CUSTOMER’S FAILURE TO RENEW THEIR SERVICES.

11. ALL DOMAIN NAMES CAN BE REGISTERED BY VIRTUAL CANVAS LTD, HOWEVER, THE CLIENT WILL BE THE OWNER OF THE DOMAIN. THE DOMAIN WILL BE REGISTERED FOR 1 YEAR. THE RENEWAL IS NOT INCLUDED WITHIN THE WEB HOSTING FEE OR MAINTENANCE FEE. IF THE CUSTOMER DOES NOT RENEW THE SERVICES THE DOMAIN WILL EXPIRE AND WILL BE AVAILABLE FOR GENERAL SALE. THE LOSS OF YOUR DOMAIN IS NOT THE RESPONSIBILITY OF VIRTUAL CANVAS LTD, BUT IF WE ARE HOLDING YOUR DOMAIN YOU WILL BE INVOICED WITH THE DOMAIN RENEWAL FEE AT LEAST ONE MONTH BEFORE IT EXPIRES TO ENSURE YOU HAVE ENOUGH TIME TO PAY FOR IT.

12. VIRTUAL CANVAS LTD EXCLUDES LIABILITY FOR ANY LOSS OF PROFIT CAUSED TO THE CUSTOMER BY THE EXPIRATION OF THE DOMAIN NAME AS A RESULT OF A TECHNICAL FAULT OR ANY OTHER FAULT CAUSED BY THE HOSTING COMPANY OR ANY THIRD PARTY.

13. ALL SITES ARE LIMITED TO A TOTAL OF 2GB OF DATA STORAGE FOR BASIC WEBSITES AND 5GB OF DATA STORAGE FOR E-COMMERCE WEBSITES. SHOULD YOU USE OR REQUIRE MORE THAN THE ALLOCATED STORAGE WE WILL REQUEST FOR YOU TO EITHER PAY AN ADDITIONAL HOSTING FEE PER MONTH OR DELETE ENOUGH FILES TO BRING YOUR TOTAL STORAGE BACK DOWN BELOW THE ALLOCATED AMOUNT.

14. WEBSITE DRAFTS WILL BE CREATED BASED ON THE DESIGN BRIEF AND INFORMATION PROVIDED BY THE CUSTOMER. IF THE DESIGN BRIEF CHANGES SIGNIFICANTLY AFTER THE FIRST DRAFT HAS BEEN CREATED A SUPPORT CHARGE FOR ANY ADDITIONAL WORK MAY BE APPLIED.

15. IF THE FINAL PAYMENT HAS NOT BEEN RECEIVED ONCE YOUR WEBSITE HAS BEEN COMPLETED, APPROVED AND GONE LIVE, VIRTUAL CANVAS LTD RESERVE THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT NOTICE AND PUT A LOCK ON THE WEBSITE. ALL DESIGN WORK CARRIED OUT WILL BE PERMANENTLY DELETED FROM OUR HOSTING PLATFORM AND NO REFUND WILL BE PAYABLE IF NO PAYMENT IS RECEIVED WITHIN 30 DAYS OF THE INVOICE. ANY DOMAINS OR EMAIL ACCOUNTS THAT MAY HAVE BEEN REGISTERED WILL ALSO BE CANCELLED AND NO REFUND WILL BE PAYABLE.

16. DUE TO EXTERNAL FACTORS WE CANNOT OFFER ANY GUARANTEES REGARDING THE SEARCH ENGINE POSITION WE WILL ACHIEVE FOR WEBSITES. WE CANNOT ACCEPT LIABILITY FOR ANY CHANGE IN RANKINGS, OR DROP OFF IN THE POSITION OF YOUR WEBSITE DUE TO CHANGES IN THE ALGORITHMS OF THE SEARCH ENGINES OR THE FACTORS THAT THEY USE TO RANK WEBSITES.

17. VIRTUAL CANVAS LTD RESERVE THE RIGHT TO REFUSE TO HANDLE IN ANY WAY, MATERIAL WHICH MAY BE DEEMED OFFENSIVE, ILLEGAL OR CONTROVERSIAL. WE ALSO RESERVE THE RIGHT TO REFUSE TO HANDLE ANY SITE FOUND TO BE INVOLVED IN ANY BLACK HAT SEARCH ENGINE OPTIMISATION TECHNIQUES. SHOULD ANY OF THESE SITUATIONS ARISE WE RESERVE THE RIGHT TO TERMINATE YOUR WEB HOSTING SERVICE WITHOUT NOTICE AND YOU WOULD NOT BE DUE A REFUND.

18. TERMS & CONDITIONS ARE SUBJECT TO REVIEW AND CHANGE. CLIENTS WILL BE NOTIFIED BEFORE THESE ARE CHANGED. IF YOU DO NOT ACCEPT THE CHANGES TO THE NEW TERMS AND CONDITIONS, YOU MUST NOTIFY US WITHIN 5 WORKING DAYS FROM BEING INFORMED OF THE CHANGES, BY EMAILING US ON INFO@VIRTUALCANVAS.CO.KE IF WE DO NOT HEAR BACK FROM YOU THEN WILL ASSUME YOU HAVE ACCEPTED THESE NEW TERMS.