Terms & Conditions
By placing an order with Moocow Media, you confirm that you are in agreement with and bound by the terms and conditions below.
The terms and conditions stated in this document apply to all Moocow Media Clients unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between Moocow Media and the Client. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between Moocow Media and the Client then the terms and conditions hereunder will apply.
Please note that these Terms and Conditions are Subject to updates.
Moocow Media may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work.
Acceptance by a Client of a Moocow Media estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and Moocow Media to the contrary.
- ESTIMATES AND VARIATIONS
Estimates and schedules issued by Moocow Media are valid for 1 month after issue, subsequently they may be amended or withdrawn.
Errors in literature, quotations, price lists or invoices of Moocow Media are subject to correction without liability on the part of Moocow Media.
The Client is responsible for ensuring the accuracy of the terms of any order.
Moocow Media will endeavour to complete work at agreed dates, but time of completion shall not be the essence of the Contract.
Unless specified in the Contract, the Client will be liable to Moocow Media for:
Accommodation, communications, delivery, subsistence and out-of-pocket expenses incurred in fulfilling the Contract. Mileage at 40p/mile to/from Moocow Media’s office, or other relevant sites, rail and air travel at business class rates unless otherwise stated.
Time spent in pursuance of the Contract including, but not limited to meetings, travel and professional attendance. Moocow Media’s standard rate is £70 per person, per hour or part thereof. Moocow Media’s standard meeting or attendance allowance is 2 hours, after which charges may be made at the standard rate.
Items obtained from external contractors may be subject to a management fee unless otherwise stated.
Costs incurred by Moocow Media in performing the Contract, beyond the reasonable foresight or control or of Moocow Media in its estimate. Such costs will be charged on terms no less advantageous to Moocow Media than in this Contract. Moocow Media may refuse to agree to any requested variation without any liability.
VAT, Import Duties, or other taxation levied on Moocow Media in pursuance of the Contract.
- ACCEPTANCE OF WORK
Quotations are valid for 1 month from date of issue. When the Client places an order to purchase a website or website updates from Moocow Media, the order represents an offer to Moocow Media to purchase the website or website updates which is accepted by Moocow Media only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Moocow Media until Moocow Media sends an invoice to the Client for payment. The invoice equals acceptance by Moocow Media (or third party supplier) of Clients offer to purchase services from Moocow Media and this acceptance of work is a valid contract between Client and Moocow Media regardless of whether Client receives the invoice. Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records. Moocow Media reserves the right to withdraw from contract at any time prior to acceptance.
- PROJECT TERMS
Unless expressly agreed in writing to the contrary Moocow Media will not accept liability to the Client for unforeseen delays in completing a project. In the event that there is a delay in the completion of a project, Moocow Media will communicate such delays to the Client in writing via email.
All Graphic design content needs to be provided within 1 week of a deposit being paid to commence a project. The client is required to provide Moocow Media with all the content required for a project within the period detailed above. Should the client delay issuing Moocow Media with the content required for the project the Client in breach of these terms and conditions and Moocow Media reserves the right to terminate the project, renegotiate the cost of the project as well as the expected completion date. In such instances,
- PERMISSION AND COPYRIGHT
Moocow Media reserves the right to refuse to handle:
- a) Any media which is unlawful or inappropriate;
b) Any media which contains a virus or hostile program;
c) Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d) Any media which constitutes a criminal offence, infringes privacy or copyright
e) Any other questionable media at Moocow Medias own discretion
- DOMAIN NAMES AND HOSTING
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless the Moocow Media from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service. Client agrees to pass on FTP details and any other access details relating to their domain name and hosting account which the Moocow Media requires to upload the website if required as part of a project. Moocow Media reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
The Customer agrees to provide Moocow Media with all the necessary information they require to progress the project in a reasonable timescale. Delays of more than 15 working days by the Customer to provide the necessary information will constitute a breach of contract. Moocow Media reserves the right in such circumstances to terminate the contract and recover the total cost of the project.
All alterations for websites that go beyond initial specifications Moocow Media reserves the right to Invoice for the additional time spent o the Client and to request payment for any further alterations. Moocow Media reserves the right to request payment be received for further alterations before continuing work. Upon completion of an agreed design the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable. Client agrees to provide any needed information and content required by Moocow Media in good time to enable Moocow Media to complete a design or website work as part of an agreed project. Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Moocow Media agrees to try and match the design as closely as is possible when building the code. Moocow Media endeavours to create pages that are search engine friendly, however, Moocow Media gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Moocow Media be held liable for any changes in search engine rankings as a result of using Moocow Medias code. If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that Moocow Media can apply a nearest available alternative solution. After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur as a result of changing the code themselves. If Client or a third party of their choosing edits the website code and this results in functionality errors or the page displaying incorrectly, then Moocow Media reserves the right to quote for work to repair the website. Moocow Media reserves the right to assign subcontractors in whole or as part of a project if needed. Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between Moocow Media and Client shall be by telephone, email or postal mail, except where agreed at Moocow Media’s discretion.
- WEB BROWSERS
Moocow Media shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. Client agrees that Moocow Media cannot guarantee correct functionality with all browser software across different operating systems. Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, domain name setup changes or hosting setup changes thereafter may affect the functionality and display of their website. As such, Moocow Media reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software, domain name or hosting changes.
- PAYMENT TERMS
All prices quoted are exclusive of VAT. All Customers will be required to pay a 40% non-refundable deposit of the project cost before any work can begin and all subsequent balances are due towards the end of the project and before handover of any finished files. All invoices must be paid in full within 7 days of the invoice date, except for the final invoice which will need to be settled immediately prior to handover of code and upload of site, payment of the final invoice is sign off of the website project. The Moocow Media will carry out work only where an invoice has been paid by the Client for the work, unless otherwise agreed at Moocow Medias discretion. Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and Moocow Media reserves the right whether to quote or accept additional work. If additional work is accepted by Moocow Media may affect timescale and overall delivery time of the project. Once an invoice is sent to the Client it must either be paid by bank transfer, cheque made payable to CS One Design Limited and sent with proof of posting to the Moocow Media’s main postal address.
Moocow Media reserves the right to decline further work on a project if there are invoices outstanding with the Client. Client may request that the Moocow Media cancel a project in writing by email or postal mail to Moocow Media and the project is cancelled only if Moocow Media confirms work has not been started on the project. If Moocow Media has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Moocow Media for the work that has been carried out. All invoices are submitted by email except where required otherwise by regulations or agreed at Moocow Media’s discretion. Moocow Media reserves the right to remove its work for Client from the Internet if payments are not received.
- LIABILITY & WARRANTY DISCLAIMER
Moocow Media provides their website and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Moocow Media cannot guarantee the functionality or operations of their website or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete. Moocow Media endeavours to provide a website within given delivery timescales to the best of its ability. However, the Client agrees that Moocow Media is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. The Client agrees Moocow Media is not liable for absence of service as a result of illness or holiday. The Client agrees Moocow Media is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. Moocow Media is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from Moocow Media to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, Moocow Media cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free. If after handover of files errors are found in code the Moocow Media has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Moocow Media can correct these errors for the Client at its own discretion. If after handover of files errors are found in code the Moocow Media has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, Moocow Media can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup. Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Moocow Media reserves the right to cancel forthwith any projects and invoice Client for any work completed. Moocow Media shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if Moocow Media has been advised of the possibility of such damages. There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Moocow Media and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce. Moocow Media may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Moocow Media reserves the right to quote for any updates as separate work. Client agrees Moocow Media is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Moocow Media harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates. A 12 month security update contract is included within the total cost agreed by the client. The Moocow Media will provide security updates to the code within your site for a period of 12 months starting from the first day the site is made ‘live’. After 12 months has elapsed, the Moocow Media will be under no obligation to apply security updates to your website or the code contained within. It is the responsibility of the client to either renew the security update contract, or not renew the contract and agree that the Moocow Media has no liability should the website or code become compromised. If a security update contract is not in place and the website or code does become compromised, any work done by the Moocow Media to secure and restore the website or code will need to be agreed by the client and will be chargeable in accordance with our current rates. In cases of extreme security breaches it may be necessary to completely disable the website or code belonging to the client to protect the server. In these extreme circumstances if a security breach is discovered, or if the site or code become compromised and in the opinion of the Moocow Media poses a risk to the whole server and a security update contract is not in place, the client accepts that further charges will apply to make the site and code secure before restoration can take place.
- TERMINATION OF SERVICE
Cancellation of any products or services may be made at any time by providing Moocow Media with a cancellation request 1 calendar month in advance, in writing, email.
In the event of cancellation of the agreement prior to the completion of the cancellation period, Moocow Media reserves the right to pursue any of the following: (1) remove equipment, software, services or resources owned by Moocow Media, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising and accounts.
- 3RD PARTY SERVICES
Moocow Media will offer to Clients’ third party services such as those offered by Google to enhance the performance of their websites. Moocow Media may include in quotations the setup and maintenance of such third party services. Moocow Media will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
Client agrees to use all Moocow Media services and facilities at their own risk and agree to defend, indemnify, save and hold Moocow Media harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Moocow Media or it’s associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name. Client also agrees to defend, indemnify and hold harmless Moocow Media against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.
Moocow Media and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Moocow Media to another party.
- WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates still remain the responsibility of the client to check. However, plugins and themes may be quoted for separately if required.
Additional pages, images and revisions on projects above the scope of work agreed above will attract additional charges.
All E-commerce websites will come with Flat Rate shipping. It is the client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide Moocow Media with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work, unless specifically quoted for.
All e-commerce website payment facilities. It remains the responsibility of the client to keep these updated and to provide us with their login details.
The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.
Landing pages, unless otherwise stated are created using a specific Landing page platform. If you want a copy of this page we can provide it, but it will only be reactivated using a version of the same platform, as the code is customised for use on this platform.
Viruses & Outdated Websites, Moocow Media makes every effort to take security precautions on our Clients websites, this includes the relevant security plugins which keeps its servers secure, wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
Moocow Media cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. Moocow Media cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped or select one of our subscription based website packages where Moocow Media is responsible for updating this on your website at all times.
- SEO TERMS AND CONDITIONS
Moocow Media accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.
- EMAIL MARKETING TERMS AND CONDITIONS
Moocow Media will setup Client’s email with email service providers and charge a fixed amount for doing this. Payment of Monthly charged based on subscribers will remain the responsibility of the client.
Moocow Media will not be liable for any purchased, rented, or third-party lists of email addresses that were/are purchased/provided by the client for newsletter or emailing distribution.
Moocow Media will not be held liable for any penalties placed upon the client by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.
- CONTENT MARKETING TERMS AND CONDITIONS
The Client’s account manager will post content based in the client’s: Target Market, Products, Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with the Account Manager, these guidelines can be in the form of a list of approved: websites, newsletters, rss feeds where the Account Manager can derive content from.
The Account Manager cannot take responsibility for the sharing of, nor comments made in response to content posted on the page, as this is the nature of social media interactions. An Escalation process will be followed with feedback on the social media sites, but in no way will any actions taken in response to these contradict the objective of company transparency.
Unless otherwise agreed the content for newsletters will be provided by the client, although the account manager may give some suggestions for content going forward.
The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.
- HOSTING TERMS AND CONDITIONS
Moocow Media will invoice for hosting and domain renewals. This is only applicable for websites hosted and maintained by Moocow Media
Moocow Media will use their best endeavours to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimise the duration of any such instances. This is only applicable for websites hosted and maintained by Moocow Media.
Moocow Media will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).
Only If website maintenance is selected and paid for on a monthly basis,will Moocow Media keep a backup of all Client website files.
In the event that a Client wishes to move their website to another web server supported by another party, then Moocow Media will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
Moocow Media will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by Moocow Media then no charge will be made to the Client. If the problem is not due to an omission by Moocow Media then the Client will be charged
Login details and passwords need to be kept confidential and secure. Moocow Media will not be held accountable for email account/website hacks. We do not keep passwords on record and will subject any password request to security measures deemed sufficient to legitimise the request
- GENERAL SERVICE DISCLAIMERS
The Client acknowledges the following with respect to services:
Moocow Media accepts no responsibility for policies of Google, third-party search engines, directories or other websites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s web site or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold Moocow Media responsible for any liability or actions taken by Third-Party Resources under this Agreement.
The Client furthermore acknowledges that the nature of many of the resources the Moocow Media may employ under this Agreement are competitive, therefore Moocow Media does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the Moocow Media past performance is not indicative of any future results the Client may experience.
The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.
The Client accepts that Google Adwords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. Moocow Media shall re-submit resources to the search engine based on the current policies of the search engine in question.
Moocow Media will endeavor to make every effort to keep the Client informed of any changes that Moocow Media is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that Moocow Media may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.
Moocow Media, for the duration of this agreement, may develop design strategies and codes, which, in Moocow Media’s opinion improve the Client’s website. Moocow Media and the Client will review these suggestions together and once mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with Moocow Media prior to implementing these changes, to make sure that they do not conflict with Moocow Media marketing strategy.
Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. Moocow Media will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
Moocow Media and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
The source code of all website web pages remains the intellectual property of Moocow Media until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of Moocow Media.
All scripts, CSS and include files used within Client websites, remains the intellectual property of Moocow Media until such time as payment is made in full by the client and may not be copied and used by any other party without the written consent of Moocow Media.
The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of Moocow Media until such time as payment is made in full by the client and and may not be copied and used by any other party without the consent of Moocow Media.
All Client logo images, images unique to the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright. Moocow Media will not reuse Client written content or images without the express permission of the Client.
Moocow Media will not be liable for any copyright infringements committed by the Client with regards to content provided for marketing materials. The Client hereby agrees that all content submitted to Moocow Media is original content and not copied off other websites as copying content of other online assets will directly impact Moocow Media ability to run an effective marketing strategy for the Client.
The Client and Moocow Media acknowledge and agree that the Specifications and all other documents and information related to the development of the Moocow Media Campaign (the “Confidential Information”) will constitute valuable trade secrets of Moocow Media. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without Moocow Media’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
In the event that the Client does not pay an invoice within the time frame allocated in the invoice or does not adhere to the Terms & Conditions, then Moocow Media has the right to terminate the project or suspend all further works for that Client until such time as payment is made in full.
In the event that the Client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then Moocow Media reserve the right to turn off any website hosting until such time as the invoice is paid in full.
In the event that the Client becomes insolvent or goes into liquidation Moocow Media have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
In the event that a Client delays the progress of a project with Moocow Media then Moocow Media will be entitled to give 15 days notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 15 day notice period, then Moocow Media will have the right to terminate the service. Moocow Media will invoice the Client for the full value of work carried out to-date.
In the event the Client fails to make any of the payments referenced in deadline set forth, Moocow Media has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by Moocow Media or (3) bring legal action.
- WHAT CAN BE EXPECTED OF US
We aim to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business. We will: be friendly, courteous and helpful when contacted, make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum agree with you the type of service you can expect to receive & respond to your phone calls, emails and letters in a timely manner, treat all clients fairly, confidentiality
- WHAT WE EXPECT OF OUR CLIENTS
We expect you to: provide any information that has been requested within agreed timescales, pay all invoices within the payment terms defined in our agreement, let us know in advance if you are unable to do this, or if your circumstances change.
- IMPROVING OUR SERVICES / DESIGN CREDIT
We are keen to improve our high level of Client service and welcome any comments that you have, either complimentary or critical. If a project has not met its targets we would appreciate your feedback about what we can do to avoid the situation in future. We want our clients to be 100% happy with the service they receive.
A link to Moocow Media’s website will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied.
- DOMAIN NAMES
Moocow Media may purchase domain names on behalf of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Moocow Media. Payment and renewal of domain names not purchased by Moocow Media is the responsibility of the Client.
Charges for domain-name related services (initial purchase or renewal) are dependant on the domain extension, the chosen name, and where it is acquired (this figure will be provided before purchase/renewal takes place).
If we do not have contact from a Client after informing them (30 days before expiry date) that their domain name is due for renewal, and that domain expires, it is no longer Moocow Media’s responsibility. If a Client comes to us at a later date wishing to obtain an expired domain name we will assist them as best we can.
If we have purchased a domain name on behalf of a Client then we will renew that domain name after receiving confirmation that the Client wishes to retain it. If the Client has purchased their own domain name, it is purely the Client’s responsibility to maintain registration of it.
There are no charges if a Client wishes to transfer their domain name/s to a new Registrar, or is otherwise terminating their contract with Moocow Media.
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with Nominet UK. The contract includes conditions limiting Nominet’s liability and relating to their use of your personal information. This contract is just for the domain name and separate to any arrangement you may have with any other organisation for providing related internet services.
Click here to view or download Nominet’s Terms and Conditions of Domain Name Registration.
- GOVERNING LAW
This Agreement shall be governed by English Law.
To the full extent permissible by law, Moocow Media 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.
For the avoidance of doubt, nothing in this agreement limits any liability which cannot legally be limited, including but not limited to liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
20.3 Subject to clause 20.2, the entire liability of Moocow Media 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.
- SEVER ABILITY
21.1 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.
- WEBSITE HACKING
At Moocow Media we take steps to preserve the security of our client’s websites wherever possible. However, we cannot (and do not) guarantee the prevention of hacks, viruses or unexpected data deletion and accept no responsibility nor liability for any damages resulting from such an incident. If a client’s website is compromised or hacked, it is the responsibility of the client to rectify this problem – Moocow Media will provide support and assistance as required. It remains the responsibility of the client to check for, implement and update any patches to their websites. Moocow Media reserve the right to shutdown any website held on Moocow Media’s servers that has been compromised or hacked.
All our websites come with a 30-day guarantee. After this period, and because our clients are given full access to all website files, we cannot accept responsibility if the website is hacked or goes down as we no longer have full control over how the website is used. The website software associated with the website, such as Word Press and Plug-Ins, becomes the property of you, the website owner, and it is your responsibility to ensure that such software is updated as may be necessary to ensure the continued smooth running of the website. We do offer management packages to cover any issues which may arise and the updating of software. Please ask a member of the team for further details if you are interested.
- WEBSITE / SOFTWARE UPDATES
Moocow Media develop websites/systems on open source software platforms. Moocow Media will not be liable for any open source software or development developing vulnerabilities. Over time open source software platforms will release updates and security patches to help minimise the risk of hackers gaining access to the software/system via known vulnerabilities.
Even where a support service/contract is in place with Moocow Media, it remains the responsibility of the client to ensure that the website remains up to date and to check for, implement and update any patches. Moocow Media do not take responsibility for any client’s websites being compromised or hacked.
Moocow Media will endeavour 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 to an acceptable level with Mozilla browsers. Moocow Media can offer no guarantees of correct function with all browser software.
Moocow Media and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
When Moocow Media is sent data directly to them, or it’s inputted into software, such as with email marketing, Moocow Media will use this information and trust that the Client has done all necessary checks their end. The Client understands that they are fully responsible for the data that they provide to Moocow Media and that it complies with GDPR. This is not the responsibility of Moocow Media to check or monitor.
Moocow Media reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Moocow Media shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation. This agreement shall be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. Any and all matters pursuant to this agreement are governed by English Law and are under exclusive jurisdiction of the English Courts. The Moocow Media reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions are held at the Moocow Media’s registered office and can be requested at any time. By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms & Conditions of this Agreement, and agrees to be legally binding by these Terms & Conditions.
- LEGAL COSTS
All legal costs incurred by Moocow Media for the purpose of defence or pursuit regardless of the verdict will be at your expense and due for payment with immediate effect.
- SOLICITOR FEES
All solicitors fees incurred by Legal Costs
All legal costs incurred by Moocow Media for the purpose of defence or pursuit regardless of the verdict will be at your expense and due for payment with immediate effect.
All solicitors fees incurred by Moocow Media for the purpose of defence or pursuit regardless of the verdict will be at your expense and due for payment with immediate effect.
for the purpose of defence or pursuit regardless of the verdict will be at your expense and due for payment with immediate effect.
- ONGOING MAINTENANCE AND SUPPORT
Fixes for newly built websites need to be identified within a 14 day period from going live. If fixes are identified after this period and the client is not on Maintenance agreement then a quotation will be issued to commence such fixes. Moocow Media cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with Moocow Media which covers such incidents.
Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to Moocow Media. Development faults with plugins, Software versions or themes used on a website built by Moocow Media are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.
Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.
A Moocow Media account manager can be present to consult at external meetings if required, however, such meetings need to be arranged in advance and unless prior arrangements have been made such consultations will be limited to one meeting per month of a maximum duration of 1 hour. Consultations will be charged at our standard consulting rate.
- DEBT RECOVERY AGENCY
As stated in other points listed within our Terms and Conditions, Moocow Media applies an administrative charge to all overdue invoices as chasing for payment results in unnecessary administration and /or legal expenses. We will take all reasonable, fair and professional actions to obtain payment for overdue invoices. However, if the amount owed is not forthcoming, we reserve the right to employ the services of a debt recovery agency. It is important to note that once the agency is employed, you as the client will be liable to pay the invoice overdue, the relevant administrative fee listed, interest charged at 8% plus the Bank of England base rate, as well as the 17.5% fee the debt recovery agency will charge you for all balances outstanding on your account. Please note that the debt recovery agency do offer finance or repayment packages if needed. We do not wish to employ the services of a debt recovery agency and will avoid the use of such services if at all possible. However, should other avenues of recovering the debt fail, the matter may need to be passed onto a specialist debt recovery agency to recover the amount you owe whether it be a personal or business debt.
- PERSONAL LIABILITY
As we deal with many start-up businesses, small and medium-sized companies, it is essential that all clients are personally liable for their invoices, commitments and any and all debts they incur working with Moocow Media to protect us as a business from potentially endless issues outside of our control. In any event that your business, company, organization or institution was to stop trading for any reason, as by example; is liquidated, closed down or runs out of money, none of those potential reasons or any reason for that matter should affect Moocow Media in any way, subsequently, by working with us in any capacity you accept joint and several liability for the services you are obligated to, our terms and conditions, any invoices you owe and any and all legal, administration and interest fees applicable if you provide us with no choice but to pursue you and your business for all debts you owe. Subsequently, please ensure your invoices are paid on time, at all times. Regardless of your commercial setup and regardless of whether you are trading as a sole trader, public limited company, private limited company, partnership, LLP or any other business structure or arrangement please note that you accept full personal liability for any and all services you take out with Moocow Media.
- PERSONAL GUARANTEE
By instructing the services of Moocow Media under any and all instruction formats, whether this be but not limited to; verbal,
telephonic, facsimile, handshake, email, face to face, letter, electronic, signature or other, you are therefore accepting any and all forms of personal liability that you will personally guarantee to pay any and all invoices issued by Moocow Media within 7 days of a request.
- DEFAMATION & SLANDER
We take our reputation very seriously and by engaging with our company in any capacity you immediately revoke any right to slander our company in any way through any means. Any allegations of slander will be investigated immediately by legal experts and all costs will be at your expense. This is in addition to all direct and indirect costs and losses we could incur through your unprofessional behavior. Our average customer is valued at £5,000 and our solicitors charge £350 per hour for their services. Court fees will also be your liability. Consequently, you will be liable for all costs and losses for all actual, assumed and punitive damages, subsequently we advise you to settle any disputes personally and privately as we are a fair, friendly and amicable company to work with, subsequently we deserve the respect to agree a mutually fair outcome with you and our reputation not to be damaged in any way through false allegations or manipulative tactics. Particularly as we do make every effort to please every customer and losing a customer is a big enough expense to us as it is.
- CONSEQUENTIAL DAMAGES
Moocow Media accepts no liability for consequential losses or damages of any kind.
- LOSS OF BUSINESS
Moocow Media accepts no liability for any loss of business for any reason.
- RECRUITMENT OF OUR STAFF
By engaging with Moocow Media, you agree not to recruit any team member, regardless of title or experience without our prior written permission which must be authorised by our Managing Director. You must not offer or agree employment or engagement to or with any of our officers, directors employees or consultants whilst engaged with us and for three months afterward, nor assist any other party to do so.
If you breach this provision, you will accept full joint and several liability and you will pay us such amount as we reasonably notify in writing to cover the costs of recruiting a replacement, the value of our time expended in the process of recruitment, induction and training of the replacement, and compensation for the initial reduced efficiency of the replacement in doing the job.
- UPDATES TO OUR TERMS & CONDITIONS
By employing the services of Moocow Media in any capacity, whether it be by through a verbal conversation, handshake, email, letter, payment, PDF or proposal document. You immediately accept and adhere to all terms and conditions.
You also accept all current and future updates to our terms and conditions which you can visit and access through our website at any time. We also include a link to our terms and conditions through order comnfirmations, our website, and invoices, making it very easy for you to keep up to date at all times.
Moocow Media is more than happy to discuss any points within these terms and conditions with you.
- PAUSING SERVICES
Pausing any service is not advised, however, should you need to, a £440 administration charge will be applied to your account per service. This is to cover the administrative time needed to adhere to your request. Please note that pausing any service will not pause our production schedule or invoicing schedule as what we have agreed to provide you with must be fulfilled whether it be now or in the future, the choice is yours. Any content, website development or marketing missed during your paused period will be made up for once you re-activate the service with us.
As stated in our terms, we require 30 days’ notice if you wish to cancel any of our services. This 30-day period is in addition to the minimum term agreed with you at the outset. Our standard minimum term is 12 months for marketing services and 24 months for hosting, however, many agreements span a much longer minimum term. As we incur administrative costs when accounts are deactivated we also charge a one-off £120 cancellation fee per service.
The service you request to cancel shall continue up to the final day within the calendar month your service cancellation falls. This is to avoid disruption and you will be invoiced up to this date accordingly. Subsequently, it is required that you submit your cancellation request by the first (1st) day of the month for your services and invoices to end in exactly 2 months time. No services shall stop mid-month and any mid-month cancellation request will be carried over to the following month.