Professional UK Based Website Design And Imaging Solutions
Copyright © Motley Major 2011 All Rights Reserved
Section 1: General Conditions
1. The contract/order confirmation between Motley Major and the Client will be corresponding with the latest terms and conditions, the order confirmation must be signed and agreed by both the Client and Motley Major. These conditions exclude all other terms and conditions.
2. Motley Major will only commence work on a project after an agreed deposit has been paid. The final payment is to be made on completion of the Project. In the case of a website it will only be switched to a Live Site once the Clients remaining balance is paid in full.
3. A signed Order Confirmation means the Client has read the terms and conditions and is happy to commence with the Project. If for any reason a Client decides they do not want to continue a Project an Invoice for the amount of work completed will be issued. By signing an order Confirmation the Client is agreeing to pay this invoiced amount in full. This amount will never exceed the total amount quoted for in the Order Confirmation.
4. Any Invoices issued by Motley Major must be paid within 28 days. Any different payment terms will be outlined in the Order Confirmation.
5. The deposit paid to Motley Major part covers the cost of any design and development work carried out. It is not possible to refund a deposit once Motley Major has carried out any work on the Project. After this period Motley Major reserves the right to decide whether a refund is applicable if requested by the Client for any reason.
6. If a client does not supply all necessary Content within 28 days of Motley Major requesting it the project will automatically be put on Hold.
7. If a project is put on hold by the client for any longer than 28 days, the final payment will be due within a further 28 days. However, in some Circumstances Motley Major may decide, at their discretion to increase the amount of time that the project can be put on hold. This will subsequently be confirmed in writing.
8. Motley Major shall expect the client to carry out sufficient research before proceeding with a Project. This will include checking that the Project / idea / business will operate legally within the UK law. Motley Major cannot be held liable for any illegal activities or Content involved with Project as it is the sole responsibility of the Client.
9. Motley Major will provide the Client with an estimated project completion date for the Live Site if requested. We will aim to meet any given deadline but cannot guarantee and are not bound in any way to complete the project by this date. If for whatever reason this project completion date is not met Motley Major will not be liable for any liabilities or costs incurred.
10. Quotations and proposals are valid for 30 days of receipt, returned order confirmation after this date will may not be accepted as a conformation of order.
Section 2: Imaging & Photographic Conditions
1. Where images used on a Project that have been purchased by Motley Major on behalf of the client, these images are strictly for use on the Project only. Motley Major is not liable for the misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.
2. Any imaging in the terms of web based graphics, printed graphics or photographs
produced and supplied by Motley Major for use on a clients project, are subject to
copyright laws and will remain the property of Motley Major and can not be reproduced
or used in further advertising or promotional products unless obtaining permission
from Motley Major. Any web based graphics, printed graphics or photographs produced
and supplied by Motley Major may be re-
3. Any photographs provided by the client for use within a project that contain images of people, must be accompanied by a signed model release form complete with full contact details of the person or persons within the image. Any photographic pictures containing images of children must have a signed model release form with full contact details of the legal guardian of the child or children. Failure to provide these details will result on the failure of the image being used within the project. The client will retain full responsibility for any royalties owed to the models.
4. Any photographs deemed to be Pornographic in nature will not be permitted for use. This decision will be up to the discretion of Motley Major and any decision made by Motley Major will be final.
Section 3: Hosting, Domain & Website Conditions
1. Motley Major will provide Hosting for the Clients’ website/s on receipt of payment of the Hosting Fees. In doing so we will provide reliable and professional service to the client but cannot guarantee that the website hosting will be available at all times, especially in the event of technical failure beyond our control. The hosting provider used to host our clients websites is monitored 24 hours a day and 7 days a week by qualified support engineers. If a problem is detected with our clients website due to a hosting failure Motley Major will endeavour to respond to any failures and will work with our hosting provider to resolve the problem ASAP.
2. Motley Major cannot be held liable for any losses that occur to the client as a result of a service provided by Motley Major. Motley Major reserves the right to decide whether any compensation is due.
3. Where Motley Major has been asked to provide search engine optimisation (SEO) for a Client, we do not guarantee any specific placement or ranking on search engines.
4. Motley Major may use Open Source Software in the case of some Projects.
5. All Domains registered by Motley Major will be registered to the client. The client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere Motley Major will do this within 15 working days.
Section 4: Client Conditions
1. All Content is to be supplied by the Client unless otherwise specified in the order conformation. Any content supplied will remain in the legal ownership and copyright issues are of liability to the Client.
2. All Content displayed on the Clients Project will be authorised by the Client and is the sole responsibility of the Client regarding usage and copyright. Any legal issues arising from the content supplied are sole responsibility of the Client and therefore the Client is liable.
3. If a domain name is not purchased through Motley Major we cannot reregister this when it reaches its expiry date. Motley Major is not liable if the Client has not registered their domain when close to the expiry date resulting in the website name becoming unavailable.
4. Motley Major is not liable for the loss of any domains registered, as it is down to the client to make sure renewal of these items is up to date.
5. Renewal for hosting is done on a yearly basis. Payment must be received within 28 days or the hosting service will have to be terminated. In the event of this happening a backup of the website will be made and this is available to the client.
6. Any Project files created by Motley Major for a Client are the legal property of that Client, providing the payment terms have been met and will be supplied to the Client within 15 working days. Motley Major will provide copies of all project files to that client. In the case of a website the Project itself will be supplied within this period but a Live Site time period cannot be guaranteed as outlined in “Motley Major Terms, section 3: condition:″
7. If a Project is unable to be completed to the specification outlined in the order confirmation due to an error on Motley Majors behalf a refund to the client will be issued depending on the extent the Project is uncompleted.
8. The client will be responsible for final approval of the website prior to completion. This will involve the confirmation of all page layouts, titles, misspellings and page content supplied by the client. After completion of the project any changes or updates requested by the client will be subject to additional charges. All payments are to be paid in full prior to updated files are uploaded to the live site or supplied directly to the client. Any errors omitted must be addressed in writing and if the errors in question are deemed to be at fault of Motley Major then remedial works will be carried out at no additional charge.
Section 5: Definition of our terminology used within this document
A Project is any work undertaken or service provided by Motley Major for the client on their request. All projects are confirmed by the client in the way of a signed order confirmation which is usually supplied with a quotation.
A Client is a person, persons, business or organisation using any of the services provided by Motley Major.
The payment period is the time allowed by Motley Major for receipt of the monies owed to Motley Major by the client.
Where a project is paused as a result of the Client.
A Live Site is the date when the website is available on the clients chosen domain.
Domain is the website address as specified by the client.
‘Open Source Software’
Open Source Software is software made freely available to anyone under the GNU General Public Licence (GPL).
Hosting fees are a yearly cost necessary to keep client’s website active online.
Content is both text and images supplied by the client for the project.
‘Normal Business Hours’
Our Normal business hours are: 10am to 5pm (GMT) Monday to Friday.
An order Confirmation is a binding contract between Motley Major and the Client
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