Thank you for choosing Kalaris and we hope you will be satisfied with our services. These terms of service, together with any documents referred to in it, sets out the terms on which you may make use of our website kalarisdigital.com whether as a guest or a client. Use of our website includes accessing or browsing the site, purchasing our services, and being a regularly paying client by way of our various recurring subscription packages you are granted access to when employing our services.
Please read this document carefully. By using our website, engaging in an RFP for our services, engaging our services, or by being a regularly paying client by way of our aforementioned recurring subscription packages, you agree to be bound by these terms. We may update these terms from time to time. Should we update these terms, you will not be bound by any updated information contained within the terms, until agreeing to the entirety of the terms again.
In these terms, “we” means the Kalaris collective (and “us” and “our” will be construed accordingly); and “you” means a visitor to our website or a customer of our services and products (and “your” will be construed accordingly).
In these terms, “product” and the plural form refer to the primary digital goods we as a collective provide, websites. The term “order” will be used to refer to a product in the process of completion.
In these terms, “services” and similar connotations refer to the labor provided by Kalaris to create for you our product and the labor provided to maintain and optimize it afterwards.
“Clients” are returning visitors of our website who have employed our services and have agreed to these Terms of Service, or engaged with a contract with Kalaris Digital.
From time to time, we may refer to our “recurring subscription packages”, (hosting packages” or "maintenance packages" will be construed accordingly) which are our monthly subscription packages with various features available for clients who have employed our services.
Access to our website is made available free of charge but we may charge you for any services or products that you purchase.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website.
Certain products and services provided by us are only available to those who have paid to employ our web development and software expertise. Those individuals may be referred to as clients.
Once you make it clear and obvious it is your intention to pay for our products or services in line with the payment structure outlined in Section 07 of these terms, or you engage in a legal contract with Kalaris Digital, you will be considered a client. All clients must read and comply with these terms of service. We strongly recommend reading Sections two, six, seven, eight, nine, and ten.
To communicate with clients, we exchange communications via email or telephone. You are responsible for ensuring you have the ability to exchange communications with us via any of the aforementioned methods, preferably both.
In addition, you are also responsible for the submissions/contributions provided to us for any product we are developing for you. This includes but isn’t limited to images, videos, text, logos, HTML code, and more. You must ensure that any content submitted is in compliance with these terms of service, and that you are the owner or creator of such content or have received permission from the owner or creator to submit it to us.
Your conduct and interaction with our developers and other staff should be guided by common sense, morals and etiquette.
The following guidelines for contributions also apply to suggestions, information and other verbal or written exchanges you have with us or provided to us over email or telephone or any other means of communication with Kalaris developers and staff regarding our services.
Contributions must:
You must not:
In order to enter into a contract to employ our services conventionally, you will need to take the following steps:
Before you send your RFP, you will have the opportunity of identifying whether you have made any errors by reviewing your request before you click ‘Submit Inquiry’. You may correct those errors before submitting your request. In any event, you may also correct yourself in further communication with us once we contact you about your RFP.
The price you receive as a quote is a rough estimate, the end payment being relative to how much less or extra design requests you request for us to implement. We do our best to ensure accuracy of our prices, and in many cases the price you pay will be the same or very similar to the price we gave you in our initial quote. We price our services based on the current market value of the services we provide and how much modification and work is required to complete your order.
All of our prices are provided in $CAD (Canadian Dollars), unless otherwise indicated. Flat fees / prices for products are liable to change at any time, but changes will not affect contracts which have already come into force.
Our product range consists of websites, web development and digital marketing services, which can only be downloaded, viewed and accessed digitally. Kalaris Digital does not sell any physical products.
Kalaris offers websites (our primary Product) through .zip folders containing the necessary files, stylesheets, scripts, etc. to operate your website. Although Kalaris also offers services to set up, maintain and set up hosting of your website on a domain of your choosing, should you not want these services, ensure you have means of uploading, using and accessing your websites in the way you want to. We are not responsible if you decline our offer to set up and maintain your website and then cannot do so yourself to your liking.
Services on our website are paid for via a range of payment options, including e-transfer, direct deposit, and payment gateways such as Stripe. Ensure you are able to pay us via one of the three aforementioned methods when requested in accordance with our payment structure outlined in the next paragraph. If you do not satisfy the legal requirements to order our services or to pay for them, please do not attempt to do so. We are not liable for any repercussions you may receive should you not satisfy legal requirements to pay for our services.
Our payment structure goes as so:
Kalaris Digital stores copies of every website we have completed. Should you need the original .zip file of your site as a client, email hello@kalarisdigital.com with the subject header: Original .zip file request, proceeded by your name or the name of your business. Should you not want us to store your original .zip file, please email hello@kalarisdigital.com with the subject header: Website file & data removal, followed by your name or the name of your business. We will then take the necessary steps to eliminate your website file from our databases.
When paying for our services at any time, you warrant to us:
Payment must be made in line with our payment structure outlined in Section 07 of these terms of use. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds when requested.
Due to our developer policy of striving to create a website perfect for the client, we offer chances to inspect the product, it’s features and functionality before having the client provide payment and delivering the final product. Refunds will not be issued due to your dissatisfaction with the final product after final payment and delivery, or if you cannot manage to set up, maintain or host the site and you declined Kalaris' offer to do so for you.
In any other event, if you believe you qualify for a refund for reasons other than the aforementioned, please contact Kalaris through email at hello@kalarisdigital.com with the subject header: Refund Request - followed by your name or your company’s name.
If you wish to dispute any payment made to us you must contact us immediately and provide full details of your claim. If you submit an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of the charge-back:
Without prejudice to our other rights, if you submit an unjustified credit card, debit card or other charge-back, then we may terminate any contracts between you and us under these terms of sale by giving you written notice of termination.
For the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back.
As mentioned in these terms of service multiple times, and on our website, Kalaris offers subscription packages that include services such as initial hosting set-up (if you bought a website from us), site maintenance, better search engine optimization, security review, content updates (text/images/videos), and more.
These packages require a monthly payment with a figure determined based on what package you select or agreement you make with our developers. Monthly payments can be made at a mutually agreed upon date (between your Kalaris developer and yourself), or automatically through one of our third party payment processors.
Paying for a subscription package that includes site maintenance / content updates will require us to have access to the your account with whatever hosting service you choose, so we can make changes within the hosting service’s panel. If you bought a website from us without ever owning a domain before, we do offer services to set up that account and give over access to you.
If you wish to terminate our subscription based services, please inform us as soon as possible and we will make all the required arrangements to relinquish our control and access to your site and email linked to your hosting provider and/or domain.
Should you fail to make a regular payment for subscription based services without informing us, we will contact you within seven (7) days of the scheduled date of payment to inquire about the reasoning of this. We will hold off on taking any action for up to fourteen (14) days of the scheduled date of payment, should you have failed to pay. After fourteen days we will begin the process mentioned in the former paragraph to relinquish our control and access to your site and email linked to your hosting provider and/or domain.
Ownership of the products will only pass to you upon the digital delivery of the .zip file containing the product. As outlined in Section 07 and 09 of these terms of service, we offer services that continue to grant us access to your site, but regardless, you as the client are then the sole owners of the product, granting us conditional access.
If any provision of these terms of service is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portions thereof will be deemed omitted.
Each contract under these terms of service is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree to any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
All content, graphics, text, and other intellectual property and elements incorporated into our website are our property and the property of our partners. This property is protected by international copyright, trademark and other laws.
Our website and its content may not be copied, reproduced, changed, disassembled, decompiled, distributed in any or used in any way (other than as expressly provided by these terms) without our written consent. This may include the use of our website templates, unless paid for.
The commercial re-sale of our Off the Shelf website offerings or websites as a product provided to you is prohibited.
The Kalaris / Kalaris Digital name and our logo are trademarks which belong to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Nothing in these terms of service affect your statutory rights.
We are based in the province of Ontario, in the country of Canada.
These terms of service serve as a legal contract between Kalaris and you as a visitor of our website and client of our services. For more information regarding this, see Sections 01 and 03 in these terms of service.
We will not file a copy of these terms of service specifically in relation to your order or visit of this website. We may update the version of these terms of service on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you print and retain a copy of these terms of service for your records. The only language in which we provide these terms of use is English.
Kalarisdigital.com may contact you via email to invite you to review our services you received from us in order to collect your feedback and improve the website and our services (the “Purpose”), should you have submitted your contact information to us.
If you require help, you can contact us via email at hello@kalarisdigital.com.
Using experienced developers and marketing specialists, such as those working at Kalaris will ensure you're not leaving digital client conversion and marketing opportunites on the table. Contact us and let's talk about how we can get you results online.
