TERMS & CONDITIONS

Please read through our Terms and Conditions, we ask that you do not use our website

or service until you have familiarised yourself with them. If you are using or have used our

service it is understood that you have agreed to the terms set forth on this page.

When we say “We” “KOSMICSHUSH.COM” “Kosmic Shush” “Kosmic Shush

Co” “KS”, “US” and “our service” we are referring to KOSMIC SHUSH CO and its respective

products and services. References to “you” “your” “customer” “client” and the like, refer to

you, and your agents. These Terms and Conditions can change at any time. It is important

that you check back here regularly. Your continued use of this website implies acceptance of

any subsequent revisions.

Kosmic Shush’s liability is limited to the amount paid by the customer to Kosmic Shush for

work undertaken.

1. Technical Usage & Policy

We use IP addresses to analyse trends, administer the site, track user’s movement, and

gather broad demographic information for aggregate use. IP addresses are not linked to

personally identifiable information. Additionally, for systems administration, detecting usage

patterns and troubleshooting purposes, our web servers automatically log standard access

information including browser type, access times/open mail, URL requested, and referral

URL. This information is not shared with third parties and is used only within this Company

on a need-to-know basis. Any individually identifiable information related to this data will

never be used in any way different to that stated above without your explicit permission.


2. Web solutions-Package terms

2.1. Payment

Payment for our website packages is structured as follows.

Silver and Gold Website Packages-
Payment for Silver and Gold website packages must be 75% paid, prior to the

commencement of work. After agreed project has been completed to customer’s initial brief

then the remaining 25% of payment must be issued to Kosmic Shush Co. and any prolonged

deviation in edits that are beyond the 5 day confirmation period may incur aditional fees.

Customer approval and edits will be consistently and systematically working closely with our

I.T department, allowing deadlines to be met. If you haven’t supplied your website content

to us by the time of design approval, we will enter your content when it is supplied to us at a

later date. The final 25% payment will not, under any circumstances, be delayed for failure

by you to supply us with content. The payment may be only be delayed, if upon supplying

you with your website on its temporary domain, there are material defects in what we

supplied to you from what we have promised to you in our initial proposal, wireframes and/

or design concepts. Once these material defects have been rectified, we will automatically

process your Stage Three payment. Any material defect must be communicated to us, in

writing, in the 5 business days between us delivering you your website and us taking the

Stage Three payment.

2.2. Platinum and Diamond Website Packages-
Payment for Platinum and Diamond website packages is made over three stages:

Stage One: Prior to commencing work we must receive a 50% deposit for your website

package.

Stage Two: Upon delivery of your home page website design and agreed page layout and

menu system we will take a further 25% payment via your nominated payment method.

Stage Three: Within 5-10 business days of receiving design approval for your website

proposal we will supply you with your website on a temporary domain name, along with

login details (provided we have received payment for Stage Two). We will have entered

the content that you supplied to us and fully integrated functionality allowing web site to be

activated after customer agreement period of 5-10 business days. If we have not received

content for your website at the time of design approval(stage two), we will load dummy

content onto your website. Five business days after we have sent you your website on its

temporary domain we will charge you the Stage Three website payment of 25%, this is the

final website payment for your package. If you haven’t supplied your website content to us

by the time of design approval, we will enter your content when it is supplied to us at a later

date. The final 25% payment will not, under any circumstances, be delayed for failure by

you to supply us with content. The payment may be only be delayed, if upon supplying you

with your website on its temporary domain, there are material defects in what we supplied

to you from what we have promised to you in our initial proposal, wireframes and/or design

concepts. Once these material defects have been rectified, we will automatically process

your Stage Three payment. Any material defect must be communicated to us, in writing, in

the 5 business days between us delivering you your website and us taking the Stage Three

payment.

3. Refund Policy on Website Packages

Prior to work commencing:

You will be eligible for a complete refund of your 50% deposit if no work has commenced on

your project from when we receive payment of your deposit, to when we receive notice in

writing that you are cancelling your project and request a refund.

Once work has commenced:

Once we have commenced work on your project no refund is available on the 50% deposit

paid for your project. Work may include, but is not limited to; contact between yourself and

an Account Manager and/or website designer from Kosmic Shush, the commencement of

prototypes by Kosmic Shush Co.for your project, the commencement of design concepts

by Kosmic Shush Co. for your project and other work undertaken by Kosmic Shush Co. in

relation to your project.

Once design has been delivered:

As per the payment structure agreed when commencing your project we take a Stage Two

25% payment of your website package upon delivery of a website design. Once this has

been delivered and payment taken, no refund is available for the payments made to date.

If you choose to discontinue your website build, you must notify us in writing at this stage.

Should you cancel your website build at this stage you will have ownership of the wireframe

concept we have supplied to you, as well as the website design concept(s) (excluding stock

images and other materials not owned by either party) that we have supplied.

Following site delivery:

Following design approval we will supply you with your website on a temporary domain

name, along with login details to the management system (provided we have received

payment for Stage Two). At this stage, your website will contain the content you have

supplied to us up to the point of design approval, should we not have received content from

you, dummy content will be entered onto your website. A Stage Three, and final website

charge of 25% is taken 5 business days after we have sent the details of the temporary

domain name. If you elect to withdraw from your website project at this point, no refund will

be made available to you. The Stage 3 payment can only be delayed if there are material

defects in the site we provide to you, to what we have promised during the proposal,

concepts and/or website design stages. Should such a defect occur, we have the right to

take the Stage Three payments once the defect has been rectified.

4. The images on your websites

If we use stock imagery on your website you do not own these images, ownership is retained

by the image rights owner. Such images can therefore not be used or re-used for any other

purpose and can only be used as they were placed onto your website by us. Any editing of

the dimensions in which they appear may contravene their usage rights. Do not copy the

images and use them in other promotional materials. If you are looking to own the images on

your website or use them for another purpose then please contact us and we will endeavour

to put you in contact with the image rights owner. This of course, does not apply to images

that you own and provide to us for use on your website.

5. Our intellectual property

The system that runs your website remains the property of Kosmic Shush Co. at all times.

The coding, programming and intellectual property that creates your website is owned by

Kosmic Shush Co. In purchasing a website package with us you own the style, design and

graphic design of the website. You also own all of the content that you place onto your

website. The content, style and design on your website will be made available to you if you

elect to leave Kosmic Shush Co.

6. Website content

Websites from KOSMICSHUSH.COM cannot be used to disseminate, communicate, store

or transmit:

• content sexually-explicit in nature;

• information that contains virus’, worms or malicious elements;

• Copyright infringing data;

• trade secret protected data;

• data that infringes on any intellectual property, publicity rights or privacy rights;

• is defamatory, harassing or threatening;

• relates to illegal business operations or schemes;

• contains deliberately misleading, incomplete or deceptive content; or

• is deemed inappropriate by Kosmic Shush Co.

7. Links

As part of your website build and ongoing hosting, Kosmic Shush Co. has the right to include

back-links from your website to KOSMICSHUSH.COM. This is an important marketing

avenue for us and is factored into your website cost. If you do not want the back-link on your

website we may be able to negotiate a fee for the removal of the links.

8. Promotional material

Kosmic shush Co. reserves the right to use client websites, web designs, layouts, prototypes

and collateral in advertising and / or marketing initiatives. This may include portfolio

examples on our website, case studies and other promotional initiatives.

9. Non Payment of task fees

If task fees become overdue by more than 30 days we will put your website account on hold

until all outstanding fees are collected. This will include any email addresses we provide.

If task fees become overdue by more than 60 days we will send your account to a debt

collection agency. You will then be liable for any fees incurred in the recouping of the fees

charged by the agency.

10. Response time

• All support issues requiring less than 2 hours work will be fixed within 24 hours of

the support ticket being logged. If faster support is required then this will attract a

surcharge of £75.00

• Support issues requiring more than 2 hours work will be given a fixed timeframe and

will attract a surcharge £75.00 if needed much faster than suggested.

11. Site launch

• We make every effort to launch your site onto your domain name on the date you

request when approving your website but we do not offer a guarantee. If we are not

able to launch on the day requested we will inform you prior to the date and arrange

an alternative launch date.

• Due to the reduction in staffing levels around Christmas and New Year we do not

deliver or launch sites in the Christmas/New Year period.

 

12. Your privacy

Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or

distribute your contact details to any 3rd party. We will only reveal data pertaining to your

account if compelled to do so by law.

 

13. Use of our email facility

If you choose to use our email newsletter facility you must abide by the relevant electronic

messaging laws of all relevant jurisdictions. Do not use the email facility for the purpose of

spam. Only send emails to addresses that have requested to receive information from you.

We will not be responsible for the emails and any electronic correspondence sent from our

system by you. We will fully co-operate with relevant legal authorities requiring information

about the efforts of spammers.

 

14. Fair use policy

We employ a fair use policy to our websites. If we believe, for any reason, that you are not

behaving in a manner expected of a Kosmic Shush customer then we reserve the right to

terminate your account – effective immediately.

15. Our website

You may display our website KOSMICSHUSH.COM on an internet access device, and

occasionally, and only in circumstances that constitute “fair use” under applicable copyright

law, print copies of insubstantial portions of our website. You may not modify our website, or

any portion of it, except with the express written consent of Kosmic Shush Co.

 

16. Accessibility

We at Kosmic Shush make efforts to ensure that our website, maintenance and

management services are online 24×7 every day of the year. However, this will not always

be the case. There are times when our website will be down, sometimes for things that we

can’t control and others that we can. When our service is offline we will do our best to get

it online as soon as possible. We will not be held responsible for damage, events or losses

directly or indirectly related to our website being offline. If you have specific hosting needs,

or expect a large volume of users to visit your website in a short space of time, e.g. viral

marketing campaigns, mass media exposure etc then please contact us well in advance.

 

17. Hosting

Your website must be hosted on our servers for the duration of your contact with us. Given

the nature of our Content Management System (CMS) / Our back end management area,

we cannot build or support your website unless it is hosted by us efficiently.

 

18. Liability

We will not be held liable for any action or inaction relating to our service. We offer a quality

service at highly competitive rates. We believe that our system is highly secure from the

actions of hackers, viruses and other problems on the internet but can make no guarantees.

It is up to you to back-up and ensure the integrity of your data offline. If your website is

offline then please contact us and we will try to fix the problem as soon as possible. We will

not be liable for loss of sales, leads or reputation from using our service.

 

19. Disclaimer of warranties

Kosmic shush Co. does not give any warranty in respect of our services other than as is

implied by law.

20. Severability

If a clause or part of a clause through or via Kosmic Shush Co. and its affiliates is read

in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that

makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part

of a clause is illegal, unenforceable or invalid, that clause or part thereof is to be treated as

removed from this document, but the rest of this document is not affected.

21. Copyright & Trademarks

All projects developed, designed and produced in any way or form is in complete

ownership by KOSMIC SHUSH CO. Once full agreed payment or in kind has been made

to KS we then confirm relinquishing our legal ownership of said item to the respective

clients jurisdiction in which also takes all liability and legal responsibility of the respective

item given by KOSMIC SHUSH CO.

Karma Clothing & Gypsy Daiva Clothing are under exclusive licence of distribution by

Kosmic Shush Co. (address below). All content on this website including text, graphics,

logos, button icons, images and software is property of Kosmic Shush Co.and is

protected by international copyright laws.

All trademarks included on this website are the property of Kosmic Shush Co, unless

otherwise noted or stipulated via said properties’ own terms and conditions listed in

their direct accordance. Other brands sold or promoted via our site have ownership and

liability to their respective items automatically or if not displayed otherwise.

You may electronically copy pages from this website solely for personal, non-commercial

purposes related to ordering or shopping with KOSMICSHUSH.COM.

Any other use of this website, including reproduction and any internet links, is strictly

prohibited without prior written permission from KOSMICSHUSH.COM.

22. Print solutions-orders and shipping

We will only ship to the registered credit card billing address.

We are unable to ship to any other address.

Please allow 3 – 5 business days for order processing, you will receive an email

confirming dispatch of goods.

Please allow 3 – 7 working days for delivery. The signature of an adult will be required

upon delivery. We reserve the right to refuse orders for any reason without explanation.

23. Print solutions- Returns

If you are not fully happy with the products you have received you may return them to us

within 7 working days from the day after the day of receipt.

You will need to contact sales@kosmicshush.com before sending any returns.

We will only accept products returned in their original, resalable condition.

All items must be returned at your cost in their original packaging or if agreed mistakes

to be that of Kosmic Shush Co then relevant refunds will be established.

We will be unable to accept the return of any products that appear to have been

damaged or in any way differ from their original condition.

This does not affect and is in addition to your statutory rights as a consumer.

Once items have been accepted we will offer a refund or at your election an exchange,

or store credit. Please note that refunds or credits will not include the cost of the original

postage and packing.

Any returned products must be well packaged, as not to be damaged in transit.

Any returned products must be sent with a trackable, insured postal service at your cost

unless agreed otherwise.

KOSMICSHUSH.COM is unable to assume responsibility for any lost or damaged items.

Faulty items must be returned to us for inspection at your cost.

If found to have a genuine manufacturing defect, you will be offered an exchange, a

store credit or a refund provided that the faulty product is returned within 7 days of

receipt and that the fault has not been caused by natural wear and tear or improper use

or negligent handling.

24. Graphic Design- Deployment

The process we at Kosmic Shush deploy, begins with the completion of our online form

completing all appropriate fields, any other form of communication whether through email

or phone call to our staff is represented as a query and thus no obligation or liability do KS

have to the client upon replying or any delays this may incur to said parties.

Invoice and prompt, referring to all our terms and conditions shall be emailed to the client

once all parties have agreed to proceed with total clarity of said project.

All projects will incur the minimum of £20.00 flat rate in commencing project then 75% for

agreed concept to be produced, upon all parties in agreement to brief via email confirmation.

A number of alterations may be issued to said project in which is stipulated in the invoice the

amount that is agreed.

After the maximum of 10 working days the client has to decide and make any adjustments to

agreed concepts and only limited to those stated working days that a project shall be active

and no longer.

After 10 days or earlier of concept being sent to the respective party, it is mandatory that

the final 25% of remaining amount should be paid to KS. If said remaining amount is not

paid, the project will be automatically cancelled or incur further design and development

charges, unless ‘Force Majeure’ occurs or substantial written evidence of why payment will

be delayed.

25. Dispute Resolution

In the event that a dispute arises between the Kosmic Shush team and the Participants, the

affected parties shall attempt to resolve such dispute in the first instance by referring the

matter to their Chief Executive Officers, or nominated equivalent, who will meet to try and

negotiate a settlement in good faith. In the event that these Officers are unable to resolve the

matter to the satisfaction of all parties, the parties hereby agree to submit to arbitration by

the London Court of International Arbitration (“LCIA”), the decision of which shall be binding

on all of them.

The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising

out of or relating to this Agreement by negotiation. Either party may initiate negotiations

by providing written notice in letter-form to the other party, setting forth the subject of the

dispute and the relief requested. The recipient of such notice will respond in writing within

five days with a statement of its position on, and recommended solution to, the dispute. If

the dispute is not resolved by this exchange of correspondence, then representatives of

each party with full settlement authority will meet at a mutually agreeable time and place

within ten days of the date of the initial notice in order to exchange relevant information

and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these

negotiations, the matter shall be submitted to mediation in accordance with, and subject to;

The governing and ruling bodies of England and the United Kingdom.

If the dispute or difference is not settled within 30 days of the submission to mediation and

provided such period is not extended by consent of the parties, it shall be and is hereby

submitted to arbitration in accordance with, and subject to; The governing and ruling bodies

of England and the United Kingdom. Rules for the Conduct of Commercial Arbitration.

Notwithstanding the existence of a dispute or difference each party shall continue to perform

the Agreement.

This clause shall survive termination of this Agreement.

26. General

The Participants may not assign, transfer, sub-contract, or in any other way make over to

any third party any of its rights or obligations under this Agreement.

Failure to exercise, or any delay in exercising, any right or remedy provided under this

Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor

shall it preclude or restrict any further exercise of that or any other right or remedy.

This Agreement shall not create any partnership or joint venture, nor any relationship of

principal and agent, between the parties, nor authorise any party to make or enter into any

commitments for or on behalf of the other party.

This Agreement is made solely for the benefit of the parties to it and it is not intended to

benefit or be enforceable by any other person.

Persons in question that agrees with use of KS services and products via any portal

connected to KS, accepts no liability for any consequences, whether direct or indirect,

that may come about from the Participants undertaking the Project. This agreement and

any dispute or claim arising out of or in connection with it or its subject matter or formation

(including non-contractual disputes or claims) shall be governed by and construed in

accordance with the law of England.

27. Inevitable Occurrence or Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under

any Agreement which is due to an event beyond the control of such party including but

not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil

unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or

manmade eventuality outside of our control, which causes the termination of an agreement

or contract entered into, nor which could have been reasonably foreseen. Any Party affected

by such event shall forthwith inform the other Party of the same and shall use all reasonable

endeavours to comply with the terms and conditions of any Agreement contained herein.

28. Jurisdiction

This website is governed by the laws the United Kingdom. Any dispute arising from the use

of this website will be settled in this jurisdiction.

29. Contact Information

Kosmic Shush.

Studio 120, Hackney Downs Studios
Amhurst Terrace
London, United Kingdom
E8 2BT

info@kosmicshush.com

sales@kosmicshush.com