Terms and Conditions

These terms govern the use of kuestenkurs.com and the services we provide through it. They are written to be read, not to be survived.

1. Who you are contracting with

Kempt Road Consulting Inc., P.O. Box 1, Cleveland, NS B0E 1J0, Canada, trading as Küstenkurs (English: Kuestenkurs). Contact details are in the Legal Notice.

2. What this website is

The pages describe branding, web design, development and digital systems work, with indicative prices. Nothing on this site is an offer in the legal sense. Prices, packages and timelines are a starting point for a conversation, not a binding quotation.

3. How a contract comes about

Submitting an enquiry or an order form does not conclude a contract. It tells us what you are looking for. We then send you a written offer — a quotation or offer letter — setting out the scope, the price, the timeline and what we need from you. A contract exists when you accept that offer in text form, or when we begin work at your express request.

4. Prices and payment

• Prices shown on this website are indicative starting prices. The price that applies is the one in your written offer.
• Prices quoted to consumers are total prices. Any taxes that apply are shown on the offer and on the invoice before you commit to anything.
• Unless the offer says otherwise, we invoice half on start and half on handover. Invoices are payable within 14 days without deduction.
• Where a discount or an offer price is shown alongside a struck-through regular price, the struck-through figure is the price we charged for that package before the reduction.

5. What we need from you

Most delays on a project are content delays. To keep to a timeline we need text, images, access credentials and decisions at the points agreed in the offer. If material we are waiting for arrives late, the timeline moves by at least the same amount, and we will tell you when that happens rather than letting the date slip quietly.

6. Revisions and acceptance

Each offer states how many rounds of revision are included and what counts as one. Further rounds, or changes that alter the agreed scope, are quoted separately before we do them — never invoiced afterwards as a surprise.

When we deliver, please review within ten working days. If we hear nothing in that time and the work has been put into use, it counts as accepted. That is not a trap: tell us it is not right and we will keep working.

7. Rights in the work

You receive the rights to the results you paid for — the design, the code written for you, the files — on full payment, for unlimited use in your own business. Until the invoice is settled, the rights stay with us.

Two things are not transferred, because they cannot be:

• third-party components — fonts, stock imagery, plugins, libraries — which remain under their own licences. We tell you in the offer which ones a project needs and what they cost;
• the general know-how, methods and reusable building blocks we bring to every project, which stay ours.

We may name you as a client and show the work in our portfolio unless you ask us in writing not to. Ask, and we will not.

8. Hosting, maintenance and third-party services

Where we arrange hosting, domains or licences on your behalf, the provider's own terms apply to that service and we pass them on to you. We are not responsible for outages at a third-party provider, but we will tell you what is happening and deal with them for you.

A website we build is only as secure as it is maintained. Where you decline a maintenance arrangement, updates and security are yours to manage from handover, and we are not liable for what follows from software left unpatched.

9. Liability

We are liable without limit for injury to life, body or health, for intent and gross negligence, and wherever liability cannot lawfully be limited.

For ordinary negligence we are liable only for breach of an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may reasonably rely. In that case liability is limited to the foreseeable damage typical for this kind of contract, and in any event to the fee agreed for the affected project.

These limits do not affect any statutory rights you have as a consumer.

10. Acceptable use of this website

Please do not run automated queries against the site, submit false identity details, use the forms for advertising, or attempt to circumvent security measures. We may block access where that happens.

11. Content on this website

Articles on this site are general information written from experience. They are not legal, tax or accounting advice, and reading one does not create an advisory relationship. Figures, prices and rules — particularly tax and regulatory ones — change; check anything you intend to rely on.

12. Third-party links

We link to sites we do not control. The provider of the linked page is responsible for its content.

13. Governing law and jurisdiction

The law of the Province of Nova Scotia and the federal laws of Canada applicable there govern these terms.

If you are a consumer resident in the European Union, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your place of residence. Nothing here limits those rights.

14. Right of withdrawal

If you are a consumer, you have a statutory right to withdraw. It is set out in full on the Right of Withdrawal page, together with the model withdrawal form.

15. Changes to these terms

We may amend these terms for future contracts. The version that applies to your project is the one in force when your contract was concluded, and we keep a copy so there is no argument about which that was.

16. If a clause fails

If a provision of these terms is or becomes invalid, the rest remains in force.