Note: The following Terms and Conditions of Service apply to all products and services provided by LittleKittle.com Studio (LKS).

All work is carried out by LKS on the understanding that the client has agreed to LKS's terms and conditions.

Copyright is retained by LKS on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by LKS as fulfilling the contract. All other designs remain the property of LKS, unless agreed in writing that this arrangement has been changed.

LKS strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other LKS customers and us against such harm.

In the absence of any other Agreement, all LKS clients will have accepted this Policy and these Terms and be bound by them if they use any of the services offered by LittleKittle.com Studio.

Project Acceptance

At the time of proposal, LittleKittle.com Studio will provide the customer with a written estimate or quotation.

A copy of the written estimate or quotation is to be signed and dated by the customer to indicate acceptance and should be returned to LittleKittle.com Studio via online or snail mail. Alternatively, the client may send an official order in reply to the estimate or quotation which binds the client to accept LittleKittle.com Studio terms and conditions. No work on a project will commence until either document has been received by LittleKittle.com Studio.

Design Charges

Charges for design services to be provided by LittleKittle.com Studio, will be set out in the written estimate or quotation that is provided to the customer. At the time of the customer's signed acceptance of this estimate or quotation, indicating acceptance of the Terms & Conditions, a non-refundable deposit of 70% or minimum: RM 299, of the quoted fee will become immediately due.

Work on the project will not commence until LittleKittle.com Studio has received this amount.

Charges for Other Services

Charges for any additional services over and above the estimated design, will become fully payable (100% of the quoted amount) at the time of estimate or quotation acceptance.

Payment

The customer will be provided with an Approval Form and Invoice prior to final publication. At this time the remainder of the amount due will become payable and the customer will also be required to sign and return the Approval Form to LittleKittle.com Studio. Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

Payments may be made by cash, bank transfer, online banking or previously agreed electronic funds transfer.

Publication and/or release of work done by LittleKittle.com Studio on behalf of the client, may not take place before cleared funds have been received.

Default

An account shall be considered default if it remains unpaid for 30 days from the date of invoice, or following a returned cheque. LittleKittle.com Studio shall be considered entitled to remove LittleKittle.com Studio's and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, design, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the customer of it's obligation to pay the due amount. Customers whose accounts become default agree to pay LittleKittle.com Studio reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.

Copyrights and Trademarks

By supplying text, images and other data to LittleKittle.com Studio for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by LittleKittle.com Studio on behalf of the customer, will remain the property of LittleKittle.com Studio and/or it's suppliers.

The customer may request in writing from LittleKittle.com Studio, the necessary permission to use materials (for which LittleKittle.com Studio holds the copyright) in forms other than for which it was originally supplied, and LittleKittle.com Studio may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to LittleKittle.com Studio, the customer grants LittleKittle.com Studio permission to use this material freely in the pursuit of the design.

Should LittleKittle.com Studio, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow LittleKittle.com Studio to remove and/or replace the file on the site.

The customer agrees to fully indemnify and hold LittleKittle.com Studio free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permissions.

Alterations

The customer agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.

The customer also agrees that LittleKittle.com Studio holds no responsibility for any amendments made by any third party, before or after a design is published.

Licensing

Any design, copywriting, drawing, idea or code created for the customer by LittleKittle.com Studio, or any of it's contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of LittleKittle.com Studio and any of it's relevant sub-contractors.

All design work- where there is a risk that another party make a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. LittleKittle.com Studio will not be held responsible for any and all damages resulting from such claims. LittleKittle.com Studio is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The customer agrees not to hold LittleKittle.com Studio responsible for any such loss or damage. Any claim against LittleKittle.com Studio shall be limited to the relevant fee(s) paid by the customer or replace by server compensation renewal discount.

Design Project Duration

Any indication given by LittleKittle.com Studio of a design project's duration is to be considered by the customer to be an estimation. LittleKittle.com Studio cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by LittleKittle.com Studio for the initial payment or by date confirmed in writing by LittleKittle.com Studio.

Design Project Completion

LittleKittle.com Studio considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Rights of Refusal

LittleKittle.com Studio will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. LittleKittle.com Studio also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that LittleKittle.com Studio does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow LittleKittle.com Studio to remove the contravention without hindrance, or penalty. LittleKittle.com Studio is to be held in no way responsible for any such data being included.

LKS reserve the right to refuse service to anyone for any reason not prohibited by law. Also LKS reserve the right to terminate service to any client for any reason not prohibited by law. Any deliberate attempt to cause damage to LittleKittle.com Studio or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.

Cancellation

Cancellation of orders may be made initially by e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by LittleKittle.com Studio within 3 days of such instruction being issued, will be liable for the full quoted cost of the project.

Disclaimer

LittleKittle.com Studio makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. LittleKittle.com Studio will not be held responsible for any and all damages resulting from products and/or services it supplies. LittleKittle.com Studio is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take resonable steps to investigate the materials we recommend, we accept no responsibility for the performace or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold LittleKittle.com Studio responsible for any such loss or damage. Any claim against LittleKittle.com Studio shall be limited to the relevant fee(s) paid by the customer.

LittleKittle.com Studio reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. LittleKittle.com Studio will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

LittleKittle.com Studio and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered.

LittleKittle.com Studio recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Refund Policy

In order for us to give the best services to our entire customer, we have set out the following policies. These policies may change from time to time without prior notice. Please read them before purchasing our products. LittleKittle.com Studio reserves the right in refusing to host any site deemed unsuitable. The determination of what is deemed unsuitable or prohibited shall be solely made by LittleKittle.com Studio. LittleKittle.com Studio reserves the right to refuse its services or access to any account deemed to have been used inappropriately. Violation of policy will result on immediate suspension of the account involved without refund.

• Refund does not apply on special promotion package.

• Refund does not apply on cancellation due to reasons not related to design.

• Refund request is not allowed after domain registration and server registration.

General

These Terms and Conditions supersede any previous Terms and Conditions distributed in any form. LittleKittle.com Studio reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Acceptance of Quotation and Terms and Conditions The placement of an order for design and/or any other services offered by LittleKittle.com Studio and validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and LittleKittle.com Studio.

• Recipient's address must be correct and that there will be someone to receive the delivery, or your order will be cancel and no refund will be made.

• No cancellation is allowed after confirmation.

• Our system will automatically purge all order with no payment receive within 2 days upon receiving order email notification.

• Once payment make, please notify us at billing[[@]]littlekittle.com

• We will issue a online invoice/receipt for every purchase.

• BOOKINGS for webStore Design:A non-refundable deposit of RM299.00 (min) or full amount (max) is required to confirm your place on the working schedule and server.Final payment is due 30 days prior to dateline, or earlier when advised at the time of booking.If booking is made less than 30 days prior to dateline, full payment is required immediately.

• We reserve the rights to change the Terms & Conditions without notice.

We value you as a customer at LittleKittle.com and will not share or sell any of your personal information (such as email address, phone numbers, credit card number etc) to any third party.

• All personal information collected during the shopping experience is used to fulfill your order, advise you on the status of your order and/or improve your shopping experience.

• When you subscribe to our newsletter, you will only receive emails from LittleKittle.com regarding new products, promotions or sales. We do not share our mailing list with anyone. You may unsubscribe anytime by clicking the unsubscribe link at the bottom of the email newsletter.

• Additionally, we may provide links to other sites that we feel may be useful to you. Those web sites have their own privacy policies which are not controlled by LittleKittle.com. We recommend that you review the policies of those sites on your own.

If you have any concerns or questions, do not hesitate to contact us at inquiry[@]littlekittle.com.

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LittleKittle.com agrees to use its best endeavors to ensure a 99.9% Network Uptime and 99.5% Server Uptime to the customers.

Downtime is referred to as our server or network equipment being down and not ping able. Downtime excludes scheduled maintenance window which the maintenance notice shall be posted on our Support Center or email to our clients at least 3 (three) working days before the schedule date.

Here are some common guarantees in the industry today and the actual amount of downtime per month involved.

• 99.5% uptime = 216 minutes of downtime in a month
• 99.8% uptime = 86.4 minutes of downtime in a month
• 99.9% uptime = 43.2 minutes of downtime in a month
• 99.99% uptime = 4.32 minutes of downtime in a month
• 99.999% uptime = 0.432 minutes (26 seconds) in a month

Customer shall not receive any credits under this 99.9% Network Uptime and 99.5% Server Uptime Guarantee in connection with any failure or deficiency of Web Site Availability caused by or associated with:

1. Circumstances beyond our reasonable control, including, without limitation, acts of God, acts of any governmental body, war, insurrection, terrorism, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. Failure of access circuits to our network, unless such failure is caused solely by LittleKittle.com;
3. Scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of LittleKittle.com;
5. Issues with FTP, POP, IMAP, or SMTP customer access;
6. False SLA breaches reported as a result of outages LittleKittle.com or errors of any  measurement system;
7. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of our Terms of Service Policy;
8. Email or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation.
10. Outages elsewhere on the Internet that hinder access to your account. LittleKittle.com is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. LittleKittle.com will guarantee only those areas considered under the control of LittleKittle.com: our server links to the Internet, our routers, and our servers.

In the event of Server Downtime or Network Downtime which is (i) due to problem within LittleKittle.com and (ii) if the total Server Downtime or Network Downtime exceeds specific numbers of hours consecutively (as specified in Table 1 below) in a calendar month, customer may claim for an Outage Event Credit (OEC). Notwithstanding the foregoing, the maximum amount of OEC can be claimed shall not exceed 50% of the total Monthly Fee for the Service provided, and this is limited to once in a calendar month frequency.

The Customer shall be entitled to the following Outage Event Credit in the form of a credit against future bill of amounts payable by customer for the provision of the service:

Network Uptime     Server Uptime     Outage Event Credit (OEC) 99.0% - 99.9%     99.0% - 99.5%     1 day charges for service 98.0% - 98.9%     98.0% - 98.9%     2 days charges for service 97.0% - 97.9%     97.0% - 97.9%     3 days charges for service 96.0% - 96.9%     96.0% - 96.9%     4 days charges for service 95.0% - 95.9%     95.0% - 95.9%     5 days charges for service 94.0% - 94.9%     94.0% - 94.9%     6 days charges for service 93.0% - 93.9%     93.0% - 93.9%     7 days charges for service 92.0% - 92.9%     92.0% - 92.9%     8 days charges for service 91.0% - 91.9%     91.0% - 91.9%     9 days charges for service 90.0% - 90.9%     90.0% - 90.9%     10 days charges for service Below 90%     Below 90%     15 days charges for service

• Why do reliable web hosting companies offer uptime guarantees backed with real credits or refunds to customer accounts?

  
  

  We have been involved in the hosting industry since year 2002 and have seen many of our competitors come and go. Many web hosting companies failed because they are not committed to taking great care of their customers.

  
  

  If a web host has nothing to lose when your site is down, then their commitment and speed in restoring your site may not be the best.

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Customer shall submit all claims for OEC by email to compensation[@]littlekittle.com within three (3) business days after the LittleKittle.com server / network is available again following the server or network downtime in question. In the event of customer's failure to submit the claims within the said three (3) business days, LittleKittle.com reserves the right to reject the claims without any reasons.

The claims submitted by customers must contain the following particulars of information:

1. Customers Name 2. Client ID 3. Domain Name 4. Date and approximate period of downtime 5. Unavailability information

Any claims submitted without any of the particulars of information above shall be treated as incomplete and LittleKittle.com has the right to reject such claims. Customers will be given acknowledgement of receipt of all claims within one (1) business days and LittleKittle.com will review all such claims within seven (7) business days thereof.

Upon review and findings, LittleKittle.com will inform the customers by e-mail whether the appropriate claim will be granted or rejected. If the claim is allowed, the OEC will not be reflected in the current bill, but in the following bill.

• Are the Server and Network Uptime Guarantee considered to be web site or business insurance?

  
  

  We are in the web hosting business, not the insurance business.

  
  

  Our Server and Network Uptime Guarantee are in no way to be interpreted as an insurance product.

  
  

  Since the maximum amount of credits that can be applied to any web hosting account is the actual amount paid by the customer per month, quarter or year then obviously it is not sufficient to "cover" any damages caused by any server or network outage.

  
  

  We recognize that web sites cost money to develop, maintain and ecommerce sites can experience loss of sales and income when an outage occurs.

  
  

  We do not however offer any compensation for these types of losses as stated in our Terms of Service. While we do perform daily backups on all servers, it is the customer's responsibility to maintain their own site backups on their local computers at all times and if deemed necessary, obtain insurance products from reputable insurance providers to cover any loss of business or sales.

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LittleKittle.com reserves the right to make any modifications, amendments, revisions or changes to this Server Uptime and Network Uptime Guarantee at any time. Customer will be notified prior to any changes or variation to Server Uptime and Network Uptime Guarantee.

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