Terms of Service.

Terms of service and general disclaimer for Services Provided by Kombolinks Media Solutions (KLMS).

Introduction

The following terms and conditions apply to all website and logo design and other services provided by Kombolinks Media Solutions to the Client.

a) Transparency and purpose of terms – Thank you for taking the time to read these terms and conditions. The purpose of this page is really to show full transparency, support our clients with information, and reduce any misunderstanding. This site ‘Kombolinks.com‘, and its services are hosted on an internet site maintained by Kombolinks Media Solutions (KLMS) (referred to herein, and elsewhere, as the “The Website” / “The Site” “Our Site”/ “Kombolinks”).

b) Use of our site – Use of the website’s services, as provided by Kombolinks, is subject to the terms of service and privacy policy. By using the site’s pages, sign-up, making a purchase, and continued use of the services, materials, and resources, you state that you are aware of these terms of use, aka terms and conditions/terms of service/disclaimer. If there are any term/s mentioned below or condition/s within emails or pages that you do not accept please speak to us prior to your sign-up, and/or purchase of an order.

c) Flexibility of terms – We may be flexible on some terms depending on the circumstances, but you will need to get in touch to highlight any concerns. We are here to work with you so please contact us about any of our terms or conditions that you feel may need clarification, updating, or altering, at the time of your application/order and/or payment. 

d) Emails and web terms – The content of this website page kombolinks/terms-of-service and our email communications to you form the terms of service, and conditions.

e) Signed acceptance of terms – It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

f) Quotation and charges – Charges for services to be provided by Kombolinks Media Solutions are defined in the project quotation that the Client receives via e-mail. Quotations are usually valid for a period of 7 days. Kombolinks Media Solutions reserves the right to alter or decline to provide a quotation after expiry of the 7 days.

g) Advance payment – Unless agreed otherwise with the Client, all services require an advance payment/deposit prior to work commencing. The overall payment will therefore be divided over a split of 30/30/40 or 30/70 percent of the project quotation total before the work/project is supplied to the Client, whichever is easier or more appropriate, and depending on the nature of the work/project. The remaining percentage of the project quotation total is due upon completion of the work, and prior to finalisation or upload to the server or release of materials.

h) Requested and default/necessary information – Kombolinks Media Solutions requires the Client to provide all the required information in advance. On any occasion where progress cannot be made because Kombolinks Media Solutions has not been given the required information, in the agreed time frame, Kombolinks Media Solutions reserve the right to impose a surcharge.

i) Payment for services – payment for services is due via direct bank transfer, card or direct Wave transfer. Bank details will be made available on invoices, invoices are due upon receipt by the Client. Wave payments are to be made using phone number 220-712-6834 (our Gambia Africell line).

j) Text content – Text content should be delivered as a Google docs document (or similar accepted document) or via email with the pages in the supplied document representing the content of the relevant pages on your website.

k) Reviews – Kombolinks Media Solutions will provide the Client with an opportunity to review the appearance and content of the website, logo, written work etc during the design and creation phase and once the overall project is completed. On completion of the project, the project and any materials/resources will be deemed to be accepted and approved unless the Client notifies Kombolinks Media Solutions otherwise within fourteen (14) days of the date the project/materials/resources are made available to the Client.

L) Offers and freebies – Kombolinks Media Solutions occasionally offers free services (freebies) of a limited nature. These offers and freebies are subject to change without updating the website or providing public notice of such changes. Please enquire at the time of application/making your order for our current position with regard to free work and offers. Charges may apply for further additional work, after the initial free work has been provided.

M) Termination of agreement – Kombolinks Media Solutions requires the Client to actively participate in the project/commission by providing all the necessary and/or requested information, materials, resources, ideas, feedback, and approvals in a timely manner. If the Client subsequently fail to supply such within the initial stages of the project commencement, usually one-two weeks, Kombolinks Media Solutions reserves the right to close the project and this agreement will be terminated, and both parties will be released from their respective obligations under the project/commission/service. Any termination of the agreement will not relieve the client of their obligation to pay for services rendered up to the date of termination of agreement.

1. General Disclaimer

The services provided or supported by Kombolinks Media Solutions (KLMS), including but not limited to graphic design, logo design, printing, website hosting, website design, domain name registration, SSL certificates, AntiSpam solutions, ongoing website maintenance, content writing, document revision, proofreading are offered on an “as-is” basis. While Kombolinks Media Solutions strives to ensure high-quality service, no guarantees or warranties of any kind, whether express or implied, are made regarding the reliability, accuracy, or completeness of any service provided.

2. Results and portfolio

Results, imaging and any portfolio resources displayed on this website, or sent to you, are for example and sample purposes only. Images used may not necessarily always reflect our own work. We do not guarantee that you shall receive exact or like results for your project or work. Results shall vary depending on several factors such as materials, complexity, tools and resources used, timeframe and deadlines, information provided and how timely information was provided, and project budget. All purchases, orders or use of services from any business involves an element of risk, and you understand that you proceed on that basis.

3. Limitation of Liability

To the fullest extent permitted by law; Kombolinks Media Solutions shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to the use or inability to use our services. This includes, but is not limited to, loss of revenue, loss of data, or any other commercial damages or losses.

Kombolinks Media Solution’s total liability for any claim related to our services shall not exceed the amount paid by the client for the specific service in question.

4. Consumer Guarantees

Nothing in this disclaimer is intended to exclude, restrict, or modify any rights or remedies you may have under Consumer Law or any other applicable legislation. If any part of this disclaimer is found to be unenforceable under the law, that part shall be severed, and the remainder of the disclaimer shall continue in full force and effect.

5. Indemnity

Clients agree to indemnify and hold harmless Kombolinks Media Solutions, along with it’s owner/s, employees and agents, from any claims, liabilities, damages, or expenses (including legal fees) arising out of or related to the use of our services, breach of these terms, or violation of any law or the rights of a third party.

6. Data Protection and Privacy

Kombolinks Media Solutions is committed to protecting the privacy and security of clients’ personal information in accordance with the Privacy Act. Personal information will not be disclosed to third parties without the client’s consent, except as required by law.

7. Service-Specific Terms

– Website Hosting Services
Website hosting services are provided through third-party providers. While every effort is made to ensure uptime and reliability, Kombolinks Media Solutions cannot guarantee uninterrupted or error-free service. Kombolinks Media Solutions shall not be liable for any data loss, downtime, or other issues that may arise from the use of third party hosting platforms, or domain registration services. Clients are responsible for maintaining their own backups of all data hosted on external servers.

– Email Hosting Services
Email hosting services are provided through third-party providers using the cPanel system. While Kombolinks Media Solutions facilitates the setup of email accounts, it does not control or guarantee the performance, security, or availability of the email services. Kombolinks Media Solutions is not liable for any issues related to email downtime, security breaches, lost or delayed emails, or any other disruptions to the email service. Clients are responsible for maintaining their own backups of important emails and data. Any problems that arise from the use of third-party email hosting services are outside of Kombolinks Media Solution’s control and responsibility.

– Domain Name Registrations
Domain name registration services are facilitated through third-party registrars. Kombolinks Media Solutions acts as an intermediary to assist with the registration process but does not control the availability of domain names or the actions of the registrars. Kombolinks Media Solutions is not liable for any losses or damages resulting from the failure to register or renew a domain name, including any interruptions to website or email services.

– Graphic Design and Printing
While Kombolinks Media Solutions strives to achieve accurate colours and high-quality printing, variations may occur due to technical limitations. Clients are responsible for final proofing of designs before printing. Kombolinks Media Solutions is not liable for any errors or omissions in the final printed materials that were present in the approved proofs.

– Website Design and Development
Websites are developed to be compatible with current versions of major browsers at the time of delivery. Kombolinks Media Solutions does not guarantee compatibility with future browser versions or updates. Any subsequent modifications or updates requested by the client may incur additional charges.

– SSL Certificates and AntiSpam Solutions
SSL certificates and AntiSpam solutions are provided through third-party vendors. While Kombolinks Media Solutions facilitates their installation and configuration, it is not responsible for any downtime, service interruptions, or security breaches that may occur.

– Ongoing Website Maintenance
Maintenance services are intended to keep your website up-to-date and functional. However, Kombolinks Media Solutions cannot guarantee that the website will remain free from vulnerabilities or issues of any kind. Clients are responsible for regularly backing up their data.

8. Dispute Resolution

In the event of a dispute arising from or related to our services, the parties agree to first attempt to resolve the dispute through good faith negotiations. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to arbitration in accordance with the laws of the state in which the services were provided from.

9. Changes to Disclaimer

Kombolinks Media Solutions reserves the right to modify this disclaimer at any time. Clients will be notified of significant changes, and continued use of Kombolinks Media Solutions services after any such changes constitutes acceptance of the new terms.

10. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

11. Governing Law

This disclaimer shall be governed by and construed in accordance with the laws of The Gambia, in which the services are provided from at source. Any legal action or proceeding arising under this disclaimer shall be brought exclusively in the courts of The Gambia.

12. Acceptance of Terms and Conditions and disclaimers; by using Kombolinks Media Solutions services, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions outlined in this disclaimer. You accept the risks associated with using these services and understand that Kombolinks Media Solutions is not liable for any damages, losses, or security incidents as detailed above.