MStars Web Design Terms and Conditions
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MStars Web Design Terms and Conditions
The terms and conditions can be accessed through our website at the location of www.msportstars.com or supplied in writing upon request.
MDesignStars, MEngineeringStars and MSportStars are divisions of MStars
Contract:
The Client’s written approval for work to commence shall be deemed a contractual agreement between The Client and MStars. All work carried out by MStars is on the understanding that The Client has agreed to the terms and conditions set out below.
Important: Written approval for the work to commence indicates that The Client accepts the terms and conditions outlined in this document.
MStars Copyright:
Copyright is retained by MStars on all design work including words, pictures, ideas, visuals, illustrations and source code created for The Client unless specifically released in writing and after all costs have been settled.
Any artwork, images or text supplied and/or designed by MStars on behalf of the customer, will remain the property of MStars and/or its suppliers. The customer may request in writing from MStars, the necessary permission to use materials (for which MStars hold the copyright) in forms other than for which it was originally supplied, and MStars may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text or other data to be used.
By supplying images, text or any other data to MStars, The Client grants MStars permission to use this material freely in the pursuit of the design.
Should MStars or The Client supply an image, text, audio clip or any other file for use on a website, multimedia presentation, printed item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, The Client will agree to allow MStars to remove and/or replace the file on the site.
Clients Responsibilities with Regard to Copyright:
In situations where The Client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright.
The Client agrees to fully indemnify and hold MStars free from harm in any and all claims resulting from the customer in not having obtained all the required copyright and/or any other necessary permissions.
Certain images provided by MStars may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to 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.
Rights to Final Art:
All work is carried out by MStars on the understanding that The Client agreed to MStars terms and conditions.
Copyright is retained by MStars on all design work including words, pictures, ideas, visual and illustrations unless specifically released in writing and after all costs have been settled.
Domain Registration:
All third party costs arising from the registration of a domain name shall be met by The Client. MStars will purchase the domain name of your choice, subject to availability, which will be charged on renewal on a yearly basis along with any hosting fees that might be applicable. MStars cannot guarantee the availability of any domain name.
Hosting Websites:
MStars may request that Clients change the type of hosting account used if that account is deemed by MStars to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of The Client and MStars are not liable for their payment.
Internet Marketing:
If Search Engine Optimisation has been agreed as part of the contract The Client must be aware that MStars are not responsible for ongoing web site promotion. Should The Client require the site to be promoted as an ongoing concern 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 initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
Cancellation:
Should The Client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
Failure to Provide Required Website Content:
MStars will monitor content on The Clients’ websites. If the content is deemed illegal, pornographic or unsuitable in any way the website will be removed from the internet and if necessary the proper authorities will be notified.
Payment:
On receipt of written/e-mail acceptance from The Client that their website has been completed to their satisfaction an invoice will be issued.
Payment in full is due within 7 days of receipt of invoice.
Payment is accepted by BACS, cheque, PayPal, credit/debit card unless otherwise agreed. If a cheque is returned by the bank as unpaid for any reason, there will be a charge of £35.
Any account in default of payment terms, MStars shall be considered entitled to remove The Client’s website from the internet until the account has been fully paid. Removal of such website does not relieve the customer of its obligation to pay the full amount.
Travel Time and Travel Expenses:
Travelling time to and from Client premises is not included in quotations.
MStars reserve the right to charge for travelling time or travelling expenses at the current rate.
Quotations:
The price quoted to The Client is for the work specifically agreed on the quotation only. Should The Client decide that changes are required after work on the website has commenced there may be a surcharge.
Any quotation provided will be valid for 30 days from the date of receipt.
Accreditation/Promotions:
MStars retains the right to reproduce, publish and display the deliverables in MStars portfolios and web sites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the deliverables in connection with such uses.
Either party, subject to the other’s reasonable approval, may describe its role in relation to the project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website
Future Support:
MStars offers full technical support for all its packages. This fee is included in the yearly hosting fee.
The Client agrees that MStars holds no responsibility for any amendments made by any third party, before or after a design is published.
Future Site Problems:
Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, and MStars will endeavour to protect it as much as possible.
Access to Web Hosting Space:
MStars will require ongoing access to our clients hosting space to allow ongoing support and monitoring of websites
Compliance with E-commerce, Accessibility or Other Regulations:
MStars design websites in accordance with The Client’s specifications. It is The Client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.
MStars cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. Mstars can research this on The Client’s behalf upon request, but in any business where complex compliance issues may exist, MStars recommend that The Client takes legal advice from their company lawyer.
Relationship of the parties:
MStars is an independent contractor, not an employee of The Client or any company affiliated with The Client. MStars shall provide the services under the general direction of The Client, but shall determine sole discretion, the manner and means by which the services are accomplished. This agreement does not create a partnership or joint venture and neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. MStars and the work product or deliverables prepared by MStars shall not be deemed a work for hire as that term is defined under Copyright Law. All rights, if any, granted to The Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this agreement.
Indemnificaton/Liability:
By The Client. The Client agrees to indemnify, save and hold harmless MStars from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of The Client's responsibilities or obligations, representations or warranties under this Agreement. Under such circumstances MStars shall promptly notify The Client in writing of any claim or suit; (a) The Client has sole control of the defence and all related settlement negotiations; and (b) MStars provides The Client with commercially reasonable assistance, information and authority necessary to perform The Client's obligations under this section. The Client will reimburse the reasonable out-of-pocket expenses incurred by MStars in providing such assistance.
By MStars. Subject to the terms, conditions, express representations and warranties provided in this Agreement, MStars agrees to indemnify, save and hold harmless The Client from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact which is inconsistent with MStars representations and warranties made herein, except in the event any such claims, damages, liabilities, costs, losses or expenses arise directly as a result of gross negligence or misconduct of The Client provided that (a) The Client promptly notifies MStars in writing of the claim; (b) MStars shall have sole control of the defence and all related settlement negotiations; and (c) The Client shall provide MStars with the assistance, information and authority necessary to perform MStars obligations under this section. Notwithstanding the foregoing, MStars shall have no obligation to defend or otherwise indemnify The Client for any claim or adverse finding of fact arising out of or due to The Client Content, any unauthorized content, improper or illegal use, or the failure to update or maintain any Deliverables provided by MStars.
Limitation of Liability.
The services and the work product of MStars are sold as is in all circumstances. The maximum liability of MStars, its directors, officers, employees, design agents and affiliates (MStars parties), to The Client for damages for an and all causes whatsoever, and The Client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of MStars. In no event shall MStars be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by MStars, even if MStars has been advised of the possibility of such damages, and notwithstanding.
Disclaimer:
MStars makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. MStars will not be held responsible for any and all damages resulting from products and/or services it supplies. MStars is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance of quality of materials or any consequential loss arising from their failure. The customer agrees not to hold MStars responsible for any such loss of damage. Any claim against MStars shall be limited to the relevant fee(s) paid by the customer.
MStars reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. MStars will not knowingly perform any actions to contravene these and The Client also agrees to be bound.
Statutory rights are not affected by agreeing to these terms and conditions.
MStars reserves the right to change or modify any of these terms or conditions at any time. Any such changes will be notified in writing. Should clarification of any of the above be required please contact us.
MStars
Flat 8 Escote Court
16 Park Hill Road
Bromley
Kent
BR2 0LE
Tel: 020 8289 1621
