Website Design Terms & Conditions
TERMS & CONDITIONS
By placing an order with Mooty Web Design, you confirm that you are in agreement with and bound by the terms and conditions below.
The Client : The company or individual requesting the services of Mooty Web Design.
Mooty Web Design: Primary designer/site owner & employees or affiliates.
Mooty Web Design will carry out work only where an agreement is provided either by email, mail or fax. An 'order' is deemed to be a written contract between Mooty Web Design and the client, this includes email agreements.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Mooty Web Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Mooty Web Design until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Mooty Web Design remain the copyright of Mooty Web Design and may only be commercially reproduced or resold with the permission of Mooty Web Design.
Mooty Web Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of Mooty Web Design and where no charge is made by Mooty Web Design for such additions, Mooty Web Design accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Mooty Web Design all materials required to complete the site to the agreed standard and within the set deadline.
Mooty Web Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Mooty Web Design will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
Mooty Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
Mooty Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
A deposit of 50% is required with any standard project. This is non-refundable.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
If a websites development takes longer than 2 months we will invoice progress payments depending on the size of the website. For websites under $10,000 we will issue a 25% progress paymentwith 25% payable on completion of the project. Websites over $10,000 are negotiable and will be discussed on a per project basis.
Mooty Web Design will place a link back to their website on all pages in the site. This is how they generate business and not having a link can result in income loss. Any requests for removal of a link are at the discretion of Mooty Web Design and may incur a fee if implemented.
Database, Application and E-Commerce Development
Mooty Web Design cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts, applications or software (unless specifically agreed) written by Mooty Web Design remain the copyright of Mooty Web Design and may only be commercially reproduced or resold with the permission of Mooty Web Design.
Where applications or sites are developed on servers not recommended by Mooty Web Design, the client is expected to provide or seek any information,additional software,support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Mooty Web Design before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Mooty Web Design will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Mooty Web Design will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and 7 the latest version of Mozilla Firefox. Mooty Web Design can offer no guarantees of correct function with all browser software.
Whilst Mooty Web Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Mooty Web Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Mooty Web Design reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the hosting service should the necessity arise.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Mooty Web Design policy that any outstanding accounts for work carried out by Mooty Web Design or its affiliates are required to be paid in full, no later than 15 days from the date of the invoice unless by prior arrangement with Mooty Web Design.
Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If accounts are not settled or Mooty Web Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Changes to the Terms and Conditions
Mooty Web Design reserves the right to change or alter these terms and conditions at any time without notice.
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