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 Client: The company or individual requesting the services of Moocow Media.
Moocow Media: Primary designer/site owner & employees or affiliates.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature on Moocow order confirmation or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Charges for services to be provided by Moocow Media are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Moocow Media reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client or listed differently in the proposal, all website design services require an advance payment of forty (40) percent of the project quotation total before the work is supplied to the Client for review. The remaining sixty (60) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by cheque or bank transfer. Cheques should be made payable to Moocow Media Ltd. and sent to Moocow Media, 50 Goldstone Villas, Hove, BN3 3RS. Bank details will be made available on invoices.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors:
Moocow Media 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 Moocow Media until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Moocow Media remain the copyright of Moocow Media and may only be commercially reproduced or resold with the permission of Moocow Media.
Moocow Media 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 the brief will be carried out at the discretion of Moocow Media and where no charge is made by Moocow Media for such additions, Moocow Media 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 Moocow Media all materials required to complete the site to the agreed standard and within the set deadline.
Moocow Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Moocow Media 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.
Moocow Media 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.
Moocow Media 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 40% is required with any project before any design work will be carried out. All deposits are 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.
Database, Application and E-Commerce Development
Moocow Media 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.
The client is expected to test fully any application or programming relating to a site developed by Moocow Media before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Moocow Media will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
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.
Failure to provide required website content:
Moocow Media is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using your websites content management system (CMS) you are able to keep the content up to date your self.
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.
Whilst Moocow Media recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Moocow Media, we 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.
Moocow Media reserves 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 Moocow Media policy that any outstanding accounts for work carried out by Moocow Media or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Moocow Media.
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 Moocow Media have not been contacted regarding the delay, access to the related website may be denied and web pages removed. 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.
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.
This Agreement shall be governed by English 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.
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.
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.