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Terms of Business

Our Terms of Business explain how we do business, what you can expect from us and what we need from you in order to complete the work.

The general terms and conditions on this page apply to all website services provided by Moghill Web Services.

To make things simpler, we also have terms for specific types of work below:

General Terms of Business

Acceptance

When you accept a quote from us then you will be deemed to have satisfied yourself as to the terms applying and have accepted these terms and conditions in full. It is not necessary to have signed an acceptance of these terms and conditions in full.

Please read these terms and conditions carefully as they form the basis of any service provided by us.

Payment – general

You can pay us by:

  • Card
  • Bank transfer
  • Direct debit/standing order for monthly accounts

Payment information can be found on your invoice.

We are no longer able to take cash or cheques.

Payment for all other invoices must be made within 28 days of the invoice date, except in the case of website deposits and go-live payments, which must be paid before work starts or before a website can go live.

Deposits are non-refundable.

Quotations

Quotations are valid for a period of three calendar months from the date of issue. After this period Moghill Web Services reserves the right to alter a quotation.

Contact details

Invoicing is done by email, therefore if you change your contact details it is important that you let us know in writing (e-mail is fine). We cannot be held responsible for the consequences if you miss renewal reminders and have not informed us.

Also, if the main project contact changes during the course of a project or our service, you must also inform us as soon as is practicable.

Additional expenses

If your project requires additional expenses, including but not limited to:

  • Premium software or custom software development
  • Special fonts
  • Stock photography or bespoke photography

You agree to reimburse us for these costs.

If this is the case we will always clear this with you before spending any money on your behalf, and usually this will be covered in our initial estimate/project plan.

Copyright

We agree to grant applicable copyright within our work on receipt of final payment outstanding. We’ll own the unique combination of text, images and data that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for this project only and on your agreed domain name, unless we agree otherwise.

Some of our systems use open source code released under GPL (General Public Licence), copyright in this cannot be ‘owned’ or sold. We don’t sell these systems to you, we configure them for you. Please ask if you require specific details of licenses.

Any material supplied is assumed by us as being copyright cleared. We will of course explain this to you so that we can both be sure of this before proceeding. You accept that you have exclusive copyright ownership in any material supplied to us. If this proves not to be the case you will indemnify us in full for any loss suffered as a result.

Design credit and promotion

If we build a website for you, a credit link to our site will appear in small type at the bottom of your website. If you request that the design credit be removed, a nominal fee of 10% of the total development charges (minimum charge £150) will be applied. You also agree that the website developed for you may be presented in our website portfolio and promoted on social media.

Use of third party contractors

We may occasionally employ a specialist Third Party Contractor to carry out some or all of any work which you instruct us to carry out for you. We shall pay the charges of Third Party Contractors on your behalf and recharge them to you with our own fees. We will take all reasonable care in selecting and instructing a Third Party Contractor.

You may not employ a third party contractor of your own without prior agreement from ourselves. In the case of a live website we do not allow third parties access to any admin features as this may invalidate our support for your site. See our hosting terms.

Late payment and non payment

We are entitled to charge interest on late payment at the rate of 10% above the Bank Of England’s base rate then prevailing. Such interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after court judgment.

You shall pay the interest together with the overdue amount. We shall also be entitled to charge a one-off administration payment of £25 or 5% of the invoice value; whichever is the greater, on any overdue payment.

Any additional reasonable costs incurred in the collection of such overdue payments will also be payable by you in full. These may include our debt collection and/or legal costs. All amounts due under this agreement shall be paid in full without any deduction or withholding other than as required by law.

You shall not be entitled to assert any credit, set-off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.

Appointments

Appointments are usually only available Monday-Friday during normal office hours. In special circumstances we may agree to meet outside of these hours at our discretion.

Missed appointments

If we agree an appointment and you fail to turn up without notice or adequate explanation then we reserve the right to impose charges at our hourly rate. In extreme circumstances, for example if you fail to turn up for a meeting arranged out of normal office hours or where we have to travel to you we also reserve the right to terminate your project and charge you the balance of your project fees.

Dignity at work

Moghill Web Services has a duty to ensure the dignity at work for its employees. We will always treat you in a courteous, respectful and professional manner and we expect the same in return.

If you fail to treat our employees with respect we may terminate your project without further notice at which point the balance of your account will immediately become due. This includes spoken communications, whether face to face or on the phone, or email and other electronic communications.

We will be the sole judge of whether behaviour is unacceptable or not and our decision will be final.

Termination

If you fail to meet the provisions of these terms of business as outlined above we may terminate your project and you will be liable for outstanding payments.

If you decide to terminate your project for any reason before your website is delivered the balance of your project cost (depending on how much work has been done) will become due and must be paid within 28 days.

Work done on a terminated project is calculated on hours worked and not on the proportion of project completed.

Such termination request must be made in writing. If making a termination request by email you must obtain confirmation it has been received from us.

Jurisdiction

The agreement between us will be concluded in the English language and our relationship with you will be governed by English law and will be subject to the exclusive jurisdiction of the English courts.

Liability

While we do our best to make sure our work will be error-free, we can’t guarantee it.

Moghill Web Services hereby excludes itself, its Employees and or Agents from all and any liability from:

  •     Loss or damage caused by any inaccuracy;
  •     Loss or damage caused by omission;
  •     Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  •     Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Moghill Web Services to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

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 conditions

Variations

We may revise these terms of use at any time by amending these pages. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions in written agreements.