TERMS OF SERVICE

OVERVIEW

 

This website is operated by Monowebdesign . Throughout the site, the terms “we”, “us” and “our” refer to Monowebdesign . Monowebdesign  offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new service which is added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

The following terms and conditions apply to all website development / design services provided by Monowebdesign to the Client.

  1. Acceptance

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.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

  1. Charges

Charges for services to be provided by Monowebdesign are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Monowebdesign reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of twenty (20) percent of the project quotation total before the work is supplied to the Client for review. The balance is required after the development stage & is due upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by bank transfer, Direct Debit or Card Payment.

Bank details will be made available on invoices.

  1. Client Review

Monowebdesign will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Monowebdesign otherwise within ten (10) days of the date the materials are made available to the Client.

  1. Time and Content Control

Monowebdesign will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Monowebdesign receiving initial payment, unless a delay is specifically requested by the Client and agreed by Wombat Creative Limited.

In return, the Client agrees to delegate a single individual as a primary contact to aid Monowebdesign with progressing the commission in a satisfactory and expedient manner.

During the project, Monowebdesign will require the Client to provide website content; text, images & media files

  1. Failure to provide required website content:

Monowebdesign is a small business, to remain efficient we must ensure that work we have accepted 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. In short, 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 via email or Dropbox as a Microsoft Word 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.

  1. Payment

Invoices will be provided by Monowebdesign upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due within seven (7) days. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount £30 per month.

  1. Additional Expenses

Client agrees to reimburse Monowebdesign for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, licences etc.

  1. Web Browsers

Monowebdesign makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Edge, Google Chrome, etc.). Client agrees that Monowebdesign cannot guarantee correct functionality with all browser software across different operating systems.

Monowebdesign cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Monowebdesign 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.

  1. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on our servers, Monowebdesign will, at its discretion, remove all such material from its web space. Monowebdesign is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Monowebdesign reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Monowebdesign in enforcing these Terms and Conditions.

  1. Termination

Termination of services by the Client must be requested in an email or written notice and will be effective 30 days after receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing or email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

  1. Indemnity

All Monowebdesign services may be used for lawful purposes only. You agree to indemnify and hold Monowebdesign harmless from any claims resulting from your use of our service that damages you or any other party.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Monowebdesign the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Monowebdesign permission and rights for use of the same and agrees to indemnify and hold harmless Monowebdesign from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Monowebdesign that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

  1. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail or DropBox) and that all photographs and other graphics will be electronically in .gif, .jpeg, .png or .tiff format.

  1. Design Credit

A link to Monowebdesign may 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 £1000, a fixed fee of £100 will be applied. The Client also agrees that the website developed for the Client may be presented in Monowebdesigns portfolio.

  1. Access Requirements

If the Client’s website is to be installed on a third-party server, Monowebdesign must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

  1. Post-Placement Alterations

Monowebdesign cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

  1. Domain Names

Monowebdesign may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Monowebdesign. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

  1. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s 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.

  1. Governing Law

This Agreement shall be governed by English Law.

  1. Liability

Monowebdesign 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 Monowebdesign 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.

  1. 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,

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