Terms and Conditions
Last updated 9/4/2019
The following document is a legal agreement between
Mustard Seed Media (hereby referred to as “MSM”) – the primary designer/site owner and employees or affiliates
You – the client
(“the Client”) – the company or individual requesting the services of MSM
for the purposes of web site design, branding design, social media management and/or training or development.
These terms and conditions set forth the provisions under which the Client may use the services supplied.
MSM is an Internet Media Design & Development provider offering the Client a design & development service incorporating services such as graphic design, branding & logo design, website design & development, photography, social media management, social media training, e-mail hosting & setup. Should MSM waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit MSM to waive the same clause on any other occasion.
MSM will carry out work only where an agreement is provided either by email or telephone. MSM will carry out work only for clients who are 18 years of age or above. An “order” is deemed to be a written or verbal contract between MSM and the Client, this includes telephone and email agreements.
Quotes are valid for 30 calendar days from the date of issue.
The price quoted to the Client is for the work agreed on the quotation only in association with the specification.
Should the Client decide that changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
3. ACCEPTANCE OF WORK
An advance deposit of 25% of the total cost of the project is required before work can commence. After work commences this is non-refundable.
The Client’s approval for work to commence shall be deemed a contractual agreement between the and MSM. Approval for the work to commence and payment of the advance fee indicates that the Client accepts the terms and conditions outlined in this document. We will agree a deadline submission date for your website content. If this deadline is not met, MSM reserves the right to impose a surcharge of up to 25%.
Should the Client wish to cancel the project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.4. MATERIAL
MSM reserves the right to refuse to handle:
- Any media which is unlawful or inappropriate.
- Any media which contains a virus or hostile program.
- Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
- Any media which constitutes a criminal offence, infringes privacy or copyright.
- Any additions to the brief will be carried out at the discretion of MSM and where no charge is made by MSM for such additions, MSM 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.
- Any media which goes against our own personal ethical code of practice.
(a) Intellectual Copyright
MSM will hold intellectual copyright of any material, including any source code and original images created for the Client until payment of the final invoice. At this time we will transfer this intellectual copyright to the Client.
(b) Client Responsibilities
In situations where the Client provides images, text, animations or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by MSM in the construction of the website may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other
purposes please contact us for clarification.
6. DESIGN SPECIFICATIONS
(a) Browser Versions
MSM makes every effort to design pages which display acceptably in the most popular current browsers (within 3 versions of the latest edition), but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
(b) Domain and Hosting Costs
All third party costs arising from the registration of a domain name shall be met by the Client. If the Client requires the domain name to be transferred to a registrar managed by the Client or a third party, MSM will transfer the domain after the domain transfer fee has been received.
(c) Search Engine Optimisation
MSM are not responsible for the Client's on-going web site promotion. Should the Client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site, we are unable to make any guarantees about the success of any search engine promotion activity.
Conceptualising is the process of producing website concepts for a client. Concepts can include site mock ups, graphics and design proposals. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you do not do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
Our preferred payment method is an electronic bank transfer (BACS) to our business bank account. Payment from the Client can also be made by cheque made payable to Mustard Seed Media Ltd in UK Pounds Sterling. This should then be delivered by post to our premises. MSM accepts no responsibility for cheques being “lost in post”.
When continuous payments are agreed e.g Monthly Hosting, we will only accept payment via standing order. We will assist you in setting this up by providing you with a standing order set up form which you are responsible for sending to your bank.
(b) Returned Cheque Charge
If your cheque is returned by the bank as unpaid for any reason, you will be liable for a “returned cheque” charge of £25.
(c) Invoice Payment Deadline
Payment of any balance will be due within 30 calendar days of invoice issue date. Full publication of the Web Pages may take place only after full payment has been received. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
(d) Late Payment
If the above term is not met you will be issued with a final reminder. Any content on the website may be removed if payment is not received within 30 calendar days of invoice issue date. When this occurs a minimum charge of £50 will be required to have the site restored.
(e) Late Payment Legislation
Accounts that have not been settled within 14 days of our final reminder will incur a late payment charge of 10% of the amount outstanding by the Client.
8. THIRD PARTY CONTENT AND TRANSFERS
Websites, email accounts, branding schemes, videos and any other content (hereinafter referred to as “third party content”) transferred to MSM from either the Client or a third party developer, designer or other supplier will be subject to the following terms:
(a) Intellectual Property
MSM will, in full cooperation with the owner of the third party content only, transfer the third party content onto our servers for inclusion in a project or service provided to the Client. MSM does not automatically assume intellectual property rights over the third party content and recognises any and all rights and restrictions that may apply to such content.
MSM does not assume any responsibility for the successful functioning (or not) of the third party content or any errors that may occur as a result of inclusion in the Client’s project. We will however endeavour to rectify any errors in line with the development of the project or subject to our hourly fee.
MSM 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. The Client agrees not to hold MSM liable for any loss of data, functionality, revenue or any other loss incurred during the inclusion of the third party content or any any time in future.
9. FUTURE SUPPORT
The website is provided to and accepted by the Client as a fully functioning, completed work; when the final payment is settled. We will continue to offer support (in the form of updating plugins, fixing bugs) for the website guarantee it for 12 months. We can assist in the daily upkeep of the website – e.g loading blogs and content etc – for an additional fee.
Unfortunately malicious software, spyware, viruses and website hacking are facts of life on today’s Internet. It is highly unlikely that these will affect your website and MSM will endeavour to protect it from this as much as we can during its creation. However, we cannot be held responsible for problems that develop on completed sites as a result of illegal activity. MSM cannot also be held responsible for any downtime your website may incur do to technical server issues or for any contact forms that do not pass through from your website to your email facility.
MSM will guarantee 99.5% uptime. Planned upgrades, maintenance and downtime will, whenever possible, be outside of business hours. Unplanned downtime will usually be addressed within 24 hours. Major downtimes and 'acts of God' do not form part of our SLA and we take no responsibility for any loss incurred as a result of such downtime.
MSM provide hosting of email, however if you choose to move away from your current email hosting provider, we do not accept responsibility for any old emails lost in the move. We advise all our clients to request a back up and zip file of old emails from their existing hosting provider so that they may access them in the future.
10. COMPLIANCE WITH ECOMMERCE, ACCESSIBILITY AND OTHER
We design websites in accordance with your specification. It is your responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the Client’s behalf upon request, but in any business where complex compliance issues exist we recommend that the Client takes legal advice from their company lawyer.
MSM 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 browsers mentioned in section 6a of this agreement. MSM can offer no guarantees of correct function with all browser software.
12. WEBSITE HOSTING
Whilst MSM offers to host websites via third party hosting providers, no guarantees can be made as to the availability or interruption of this service by MSM 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.
MSM reserve 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 free hosting service should the necessity arise.
13. YOUR PRIVACY
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
By agreeing to the terms and conditions set out in this document your statutory rights are not affected.
MSM reserves the right to change or modify any of these terms or conditions at any time.
Should clarification of any of the above be required please contact:
Heinz Schmidt or Fionnuala Donnelly
Mustard Seed Media