MJS Website Design Terms and Conditions
1.1 In this schedule unless the context otherwise states: "MJS Website Design" means MJS WEBSITE DESIGN.
"Contract" means the verbal agreement between MJS Website Design and the customer.
"Schedule" means these terms & conditions & the Summary of Services document and all sections contained within.
"Customer" means the person named as such on the Schedule and anyone reasonably appearing to MJS Website Design to be acting with that Customer's authority or permission.
"Service" means the service provided by MJS Website Design and all other facilities afforded by such.
"Domain Name" means a name registered with an Internet registration authority for use as part of the Customer's URL.
"URL" means a uniform resource locator, which is the full address for the Customer's web site on the World Wide Web and which incorporates the Customer's Domain Name.
"ISP's" means Internet Service/Site providers.
"Registration Section" means the MJS Website Design registration form identifying the Service required by the Customer.
"Third Party Information" means any visual, textual or other information not owned or generated by the Customer published on a web site established by MJS Website Design on the Internet. " Option Prices" contained within the Schedule includes explanations and notes concerning the charges which form part of the Contract.
2. PROVISION OF SERVICE
2.1 MJS Website Design agrees to provide the Customer with the Service on the conditions of the Contract.
2.2 If the Service is to be provided by a date specified by the Customer or MJS Website Design, such date shall be treated as an estimate only and MJS Website Design does not accept any liability for any failure to meet that date.
2.2 MJS Website Design will provide the Service, to the best of its knowledge, free of errors and will correct reported errors as soon as it reasonably can. This service will include MJS Website Design page branding at the bottom of each page as MJS Website Design see fit.
2.3 The Service can only be utilised if the Customer has an Internet e-mail account. The Contract does not include the provision of any Internet Service Provider (ISP) for Internet mail access.
2.4 The Customer shall give one months notice should the Customer decide to terminate the Contract with MJS Website Design and will be subject to conditions applying in paragraph 2.6 & 2.7
2.5 Transference of annual Site Hosting & Domain registration from the, administrate charge of MJS Website Design to another Company will incur a charge of two thirds of the current annual Domain Hosting charge.
2.6 Transference of editing & updating rights from the direct control of MJS Website Design to the Customer will incur a fee of £25 per page originally produced and subsequently uploaded & hosted with an ISP.
2.7 The Customer shall accept that engine/ directory listings can take up to 3 months to appear once submitted and accepted. MJS Website Design cannot be held responsible for non-inclusion into any search engine/directory.
2.8 Where a professional Wordpress theme is used to build a website in the event that a customer decides to stop using MJS Website Design or use another designer the Wordpress theme license will not be transferred and will be cancelled.
3. SCHEDULE OF PAYMENTS
3.1 Hosting / Domain purchases / renewals: The Customer agrees to pay all hosting and domain name purchases / renewals immediately on receiving invoice. Failure to pay will result in hosting / domains lapsing and cancellation.
3.2 Web Design: MJS Website Design operates a three stage invoicing / payment process.
Stage one: Prior to commencement of any work an initial payment of £150 or 25% of the agreed design fee must be paid.
Stage two: 50% of the agreed design fee must be paid at 75% complete.
Stage three: Final payment before a design goes live / uploaded
3.3 Payments are on demand for work completed and must be made immediately.
3.4 Unless MJS Website Design notifies the Customer to the contrary, the Customer's liability for charges will start from the first day of the Contract.
3.5 Should other taxes become liable to the Customer then they will be added to the Customer's bill at the prevailing rate.
3.6 MJS Website Design reserves the right to change any of the charges for the Service at any time but will give the Customer a minimum of 14 days' notice before the new charges become effective.
3.7 All charges for the Service as specified in the Schedule and is binding on completion of the Contract.
3.8 Once a website is live the site can be changed and updated whenever required, charged at our current hourly rate. A Minimum charge is applicable.
4.SECURITY & CONFIDENTIALITY
4.1 The Customer must immediately inform MJS Website Design of any changes to the Customer's details, which the Customer supplied when completing the Schedule.
4.2 The Customer must not submit a Domain Name or URL that infringes the copyrights of any person in an equivalent trademark or name.
4.3 The Customer shall keep in confidence any information of a confidential nature relating to the Service obtained from MJS Website Design under this Contract and must not make known such information to any other person without MJS Website Design's prior written consent.
5.BREACHES OF THE CONTRACT
5.1 From 1st January 2018 any payment not received within 30 days will incur a late payment fee of 10% which will be applied to all overdue balances per month. We are exercising our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation - https://www.gov.uk/late-commercial-payments-interest-debt-recovery
5.2 MJS Website Design will be able to terminate the Contract without notice, and claim for any resulting losses or expenses until MJS Website Design receives an acceptable assurance from the Customer that there will be no further breach of the Contract.
5.3 MJS Website Design can also terminate the Contract if the Customer is subject to a bankruptcy order, or becomes insolvent or if a receiver or administrator is appointed over its assets.
5.4 On termination under paragraphs 5.1 or 5.2, the Customer shall pay to MJS Website Design all charges that are due for the Service under the Contract, including any unpaid charges for the remainder of any outstanding Service.
5.5 MJS Website Design reserves the right to suspend publication of a web site if at any time the Customer is in breach of the Contract as defined in Section 5.
6. MJS Website Design LIABILITY
6.1 MJS Website Design duty in performing any obligation under the Contract is only to exercise the reasonable skill and care of a competent web design service.
6.2 MJS Website Design is not liable to the Customer for the acts or omissions of ISP's or for faults in or failures of their equipment.
6.3 MJS Website Design is not liable to the Customer for omissions or exclusion of the website into any search engine or directory. Nor will it accept liability for the position or location to which that search engine or directory places the site in, and that the customer will accept any conditions laid down by each search engine / directory.
7.1 The Customer must indemnify MJS Website Design against any claims or legal proceedings that anyone (other than the Customer) threatens or makes against MJS Website Design, because of the way the Service is used.
7.2 MJS Website Design is not liable for any infringement of any Third Party Information not owned or generated by the Customer published on a web site established by MJS Website Design on the Internet or in any other media.
7.3 MJS Website Design has sole copyright & ownership on all its designs. They cannot be sold on or used by a third party or The Customer without the express agreement in writing from MJS Website Design. MJS Website Design has the right to place MJS Website Design Page branding on any pages designed by them and to which they see fit. This branding will not be removed when requested to do so by any client during our ownership. The ownership of any web site produced by MJS Website Design remains the intellectual property of MJS Website Design until such time as an agreed transfer of ownership to The Customer is arranged as defined in 2.6 & 2.7.
7.4 MJS Website Design cannot and will not be held responsible for any lack of interest generated by the website. It is up to the Customer to use methods other than search engine submission by MJS Website Design to promote the website.
8. GIVING NOTICE
8.1 Notices given under the Contract must be in writing and be delivered to MJS Website Design at the address shown on the Schedule or any alternative address that MJS Website Design may notify to the Customer at any time.
9. VARIATION OF TERMS AND CONDITIONS
9.1 MJS Website Design may change the conditions of the Contract at any time and will give the Customer notice of such changes at least 14 days before they take effect.
10.1 The laws of England, Northern Ireland and Wales govern this Contract.