Terms & Conditions
Last updated: 08/02/2020
MM Designs reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised Terms and Conditions shall be posted on this website immediately.
WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
- All website content needs to be provided by the Client within 2 weeks of payment of a deposit to commence a project. Should the Client delay issuing MM Designs the content required for the project, MM Designs reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, MM Designs will request any outstanding payments to be settled before the continuation of the project.
- CMS websites require updates to plugins and themes. If the Client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the Client. These can 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 MM Designs with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work, unless specifically quoted for.
- It remains the responsibility of the Client to keep all e-commerce website payment facilities 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.
ONGOING MAINTENANCE AND SUPPORT
- Fixes for newly built websites need to be identified within a 7 day period from going live. If fixes are identified after this period and the Client is not on a maintenance agreement then a quotation will be issued to commence such fixes.
- MM Designs cannot future proof its services or products. Once a Client has signed-off a project the responsibility to maintain and update plugins and themes used on the website becomes the Client’s unless a maintenance agreement has been signed with MM Designs.
- Maintenance does not mean ‘eyes on the website’ at all times and issues on the website still need to be reported to MM Designs.
- Development faults with plugins, software versions or themes used on a website built by MM Designs 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.
WEBSITE / SOFTWARE UPDATES
- MM Designs develops websites on open source software platforms. MM Designs will not be liable for any open source software 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. That is why it is so important to keep your website updated.
VIRUSES AND OUTDATED WEBSITES
- MM Designs makes every effort to take security precautions on our Clients websites, this includes using relevant security plugins to keep 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.
- MM Designs 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. MM Designs 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 website maintenance packages.
- At MM Designs 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 – MM Designs 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. MM Designs reserve the right to shutdown any website held on MM Designs’ servers that has been compromised or hacked. MM Designs do not take responsibility for any Client’s websites being compromised or hacked.
SEO TERMS AND CONDITIONS
- MM Designs 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.
3RD PARTY SERVICES
- MM Designs may offer or recommend third party services to Clients’ such as those offered by Google to enhance the performance of their websites. MM Designs may include in quotations the setup and maintenance of such third party services. MM Designs will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
GENERAL SERVICE DISCLAIMERS
The Client acknowledges the following with respect to services:
- MM Designs 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 website or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold MM Designs 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 MM Designs may employ under this Agreement are competitive, therefore MM Designs does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the MM Designs past performance is not indicative of any future results the Client may experience.
- The Client recognises 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. MM Designs shall re-submit resources to the search engine based on the current policies of the search engine in question.
- MM Designs, for the duration of this agreement, may develop design strategies and codes, which, in MM Designs’ opinion improve the Client’s website. MM Designs 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 MM Designs prior to implementing these changes, to make sure that they do not conflict with those already implemented by MM Designs.
- Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. MM Designs will not be held liable for these changes and, should work need to be done to rectify, a new quote would need to be provided.
- MM Designs 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 MM Designs 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 MM Designs.
- All scripts, CSS and include files used within Client websites, remains the intellectual property of MM Designs 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 MM Designs.
- The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of MM Designs 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 MM Designs.
- 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. MM Designs will not reuse Client written content or images without the express permission of the Client.
- MM Designs will not be liable for any copyright infringements committed by the Client with regards to content provided. The Client hereby agrees that all content submitted to MM Designs is original content and not copied from other websites.
- In the event that the Client does not pay an invoice within the time frame allocated in the invoice, then MM Designs has the right to 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, MM Designs reserve the right to disable 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 MM Designs 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 MM Designs then MM Designs will be entitled to give 14 days written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14 day notice period, then MM Designs will have the right to terminate the service. MM Designs will invoice the Client for the full value of works carried out to-date.
- In the event the Client fails to make any of the payments referenced in deadlines set forth, MM Designs 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 MM Designs or (3) bring legal action.
HOSTING TERMS AND CONDITIONS
- MM Designs will invoice for hosting and domain renewals on a yearly basis. This is only applicable for websites hosted and maintained by MM Designs.
- MM Designs 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 MM Designs.
- MM Designs 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).
- MM Designs will keep a basic backup of all Client website files via the hosting provider. This is only applicable for websites hosted and maintained by MM Designs.
- In the event that a Client wishes to move their website to another web server supported by another party, then MM Designs will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
- Login details and passwords need to be kept confidential and secure. MM Designs 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.
- MM Designs 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 MM Designs. Payment and renewal of domain names not purchased by MM Designs 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 MM Designs’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.
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.
- MM Designs 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 browser Google Chrome and to an acceptable level with Mozilla browsers. MM Designs can offer no guarantees of correct function with all browser software.