Contents

    1. General

    2. Definitions

    3. Basis of Sale and Service

    4. Estimates, Prices and Orders

    5. Payment Terms

    6. Property Ownership and Risk

    7. Proofs and Artwork

    8. The Production Process

    9. Claims and Queries

    10. Cancellation & Refund

    11. Privacy

    12. Force Majeure

    W1-W21 Web Services

    Governing Law

 

1. General

These Terms and Conditions of Service and Supply apply to all services and products provided by Greg Moore and supersede all understandings or prior agreements, whether written or verbal, and all representations or other communications. All work is carried out by us on the understanding that the customer has agreed to these Terms and Conditions. Copyright is retained by us on all design work including words, pictures, ideas, visuals and illustrations unless all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by us as fulfilling the contract. All of the other designs remain the property of Greg Moore unless agreed in writing that this arrangement has been changed. Greg Moore reserve the right to promote designs developed by them as part of their portfolio and their promotional activities. Greg Moore reserves the right to alter these terms and conditions without notice, and whilst every effort is made to be accurate and up-to-date, errors and omissions are excluded.

 

2. Definitions

In these conditions:

‘Greg Moore’, ‘the company’, ‘we’, ‘us’, or ‘ours’ refers to Greg Moore, including any other person or company acting as an authorised representative or lawful agent of Greg Moore.

‘Client’, ‘you’, or ‘yours’ refers to the person, business or company from whom orders for work are received and with whom Greg Moore enters into a lawfully binding contract. These Conditions’ means the standard terms and conditions of service and supply set out in this document and includes any special terms and conditions agreed in writing between us and you.

The ‘Services’ means the services to be provided to you as set out in our estimate.

The ‘Goods’ means the goods (including any installment of the goods or any parts for them) which we are to supply in accordance with these Conditions.

‘Month’ means a calendar month

‘Writing’ includes any communications effected by, electronic email, facsimile transmission, or any comparable means.

        

3. Basis of Sale and Service

These terms and conditions can only be altered or qualified as agreed in writing by the company and you and must be signed by an authorised representative of the company setting out in full all the relevant alterations and qualifications.

Any typographical, clerical or other error or omission in any sales literature, estimate, quotation, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on the company.

 

4. Estimates, Prices and Orders

We will:

Provide you with an estimate of the price to be charged if you request one before an order is placed;

Provide such estimates based on our current production costs;

Try to ensure that any estimate is valid for 30 days, although we may amend any estimate if it is necessary to do so.

 

It is your sole responsibility to request a estimate before placing an order. If, however, a price has not been expressly agreed at or before an order is placed, we shall charge you in accordance with our normal pricing structure and you shall not subsequently dispute the price charged.

Estimates that we supply are not offers to enter into legally binding contracts, but are merely indications of the price that we charge to undertake a particular type of work.

 

We reserve the right to make additional charges in respect of all costs, charges and expenses incurred by the company beyond normal allowances including but not limited to those caused by or arising out of:

Copy supplied not being clear and legible;

Author’s corrections or other work not specified in the estimate;

Overtime working by the company’s staff or subcontractors;

Additional use of couriers, special deliveries and similar facilities.

 

All estimates given and orders accepted are exclusive of Value Added Tax (VAT) which, you will be additionally liable to pay to us.

If you cancel an order after we have commenced work on it, you shall be charged the full order value or such lower amount as we may (at our sole discretion) determine.

 

5. Payment Terms 

You must:

Pay all invoices within 28 days of the invoice date

Not exceed any credit limit that we may apply to your account from time to time; Make regular or stage payments on a monthly basis (as invoiced) on any order which takes longer than 28 days to complete;

At our sole discretion we are entitled to add a 10% late fee per calendar week of the total amount of the invoice, inclusive of any prior late fees, extending for an indefinite period until the invoice is paid in full. This charge will be added at 9am on the first day the invoice is overdue, then every subsequent 7 days.

At our sole discretion, we may insist that you pay a deposit or the full amount when the order is placed or at some time before goods are delivered or collected or services completed.

You will reimburse us for any legal or debt collection costs taken against you (including taking advice from a solicitor or barrister, charges made by a debt recovery agency, or time spent and costs incurred by our employees and/or directors in preparing and pursuing legal action) to recover monies owed by you. Please also note condition W21 in respect of these payment terms.

 

6. Property Ownership and Risk

You shall be deemed to have accepted the goods and services on delivery but we shall retain ownership of all materials and goods produced until all goods and services provided to you have been paid in full.

With specific reference to the design and production of websites, all websites will be hosted via an appropriate link to our own servers. We reserve the right to terminate the site and all email accounts until all invoices/monies due have been settled in full. 

Any materials made available to the company by you or on your behalf shall, whilst it is in our possession or in transit, be at your risk and we will not be liable for any damage to such materials however caused, and you will be responsible for such materials to be appropriately insured.

We will be entitled to destroy any such materials supplied to us by you or on your behalf on the earlier of 12 months from being in our possession or one month after written notice has been given by us to you.

 

7. Proofs and Artwork

You are responsible for:

Clearly, concisely, specifically, and adequately conveying your requirements to us;

Ensuring that any originated artwork is suitable and adequate for your needs and purposes;

Thoroughly, properly and completely checking any content for errors or omissions;

Clearly making any necessary amendments on a draught edit;

Giving us your complete and absolute approval of an edit in written form, and giving us authority to proceed to export your work.

Any work undertaken will be proofed and provided to yourselves to proof in the understanding that the final version is signed off by yourselves as perfect and therefore any errors or omissions thereafter are not Greg Moores responsibility.

After a final version is approved by you in written form, we may charge extra if you make alterations or changes to the original concept design or content, and these changes necessitate additional work from us or you change the style, type or layout if you had previously left it to our judgement and discretion.

 

8. The Production Process

Once the deposit has been paid in full we will start the production process and confirm the required filming dates in our calendar.

The quoted costings will entitle you to two amends of the version. A rough cut will be initially be provided for your feedback (version 1), from this you will have chance to provide a list of required amends for the second version (version 2). This second list will then be completed and sent back for final changes (version 3)

Once version 3 is completed any further amends will be charged at an hourly rate of £45 with a 1 hour minimum payment. The only exception to this is in the event of error caused by Greg Moore. eg, spelling or a missed amend from a previous list.

It is the clients sole responsibility to proof and approve versions.

Upon approval of version 3 the content will then be colour graded, sound balanced and supplied in the pre-determined formats.

 

9. Claims and Queries

All claims and queries in regard to goods supplied (including shortages, errors etc) must be made by you in writing or a form specifically approved by us, and must be submitted to us within three working days of delivery date or collection.

All claims and queries regarding an invoice must be made by you within ten working days of the invoice date, and queries regarding non-delivery of goods must be made by you within five working days of the invoice date.

All claims and queries will not normally be entertained unless they are made within these time limits.

 

10. Cancellation & Refund

If you choose to cancel an order at any stage or for any reason, you will be liable for the full cost of all work completed – to be determined by us at our sole discretion unless you are specifically notified otherwise by us in writing.

We reserve the right to cancel any order without refund after reasonable attempts have been made to complete the work.

 

11. Privacy

In using our services, you will be asked to submit information about yourself such as your name and email address. This information will only be used by us to keep you up to date with our services, and will not be given out or sold to any external party for any reason whatsoever without your prior consent.

Any area’s of our website which involve online payment processing use SSL encryption to keep your data safe.

If you decide you no longer wish to receive any communications from us, please use the ‘UNSUBSCRIBE’ link at the bottom of our marketing emails, or contact us with your name and the email address we contacted you through and you will be removed from our mailing lists.

 

12. Force Majeure

We shall be under no liability if we are unable to carry out any provision of a contract for any reason beyond our control, including but not limited to acts of God, legislation, war, fire, flood, drought, failure of power supply, mechanical breakdown, lock out, strike or other action taken by employees in contemplation or furtherance of a dispute, or an inability to procure materials required for the performance of the contract. We shall endeavour to give immediate notice to you of this and will take all reasonable steps to resume performance of its obligations.

 

 

 

 

 

 

 

 

 

Web Services

Definitions 

A 'Project' is any work undertaken or service provided by Greg Moore for the client on their request and as described in our confirmation order email to that client.

A 'Client' is a person, persons, business or organisation using any of the services provided by Greg Moore.

'The Payment Period' shall be the time allowed by Greg Moore for receipt of all monies owed to Greg Moore by the client.

'Live Mode' will be from the date the website is available on the clients chosen domain.

'Domain' is the website address as specified or agreed by the client.

'Hosting Fees' is a monthly, yearly or half yearly cost to keep a clients website activated online.

'Content' is both text and images that the client requires on the website.

‘CMS’ is an abbreviation for our Content Managed Websites.

‘Normal Business Hours’ is from 9.00am to 5:30pm Monday to Friday excluding Bank Holidays.

A 'Bug' is where the software or website interface does not perform according to the expectations specified by the clients requirements

 

W1. Contract 

For our web based services the contract between Greg Moore and the client will be on these conditions in addition to the above. Any variations to these conditions shall have no effect unless agreed in writing.

 

W2. Commencement 

Greg Moore will only commence work on a project after receipt of 50% deposit of the quoted project fee from the client. The final 50% payment is to be made on completion of the website. The website will be switched to Live Mode once the clients remaining balance is paid in full.

 

W3. Deposit

The deposit paid to Greg Moore covers the cost of design work carried out. It is not possible to refund a deposit once Greg Moore have sent the first design to the client. Greg Moore reserve the right to decide whether a refund is applicable if requested by the client for any reason. However, a refund is not guaranteed and will be subject to the discretion of Greg Moore 

 

W4. Research

Greg Moore shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law. It is important that the website is not in anyway illegal.

 

W5. Image Use

Where images used on the website have been purchased by Greg Moore on behalf of the client, these images are strictly for use on the website only. Greg Moore are not liable for misuse of these images by the client or any other person/s copying, altering or distributing the images to individuals or other organisations.

 

W6. Hosting

Greg Moore will host our clients website on receipt of payment of our Hosting Fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. The hosting we provide utilisers our own dedicated servers, which are monitored on a daily basis. If a problem is detected with a client website due to a hosting failure, Greg Moore will endeavour to respond to that failure and resolve the problem as a matter of urgency.

 

W7. Business Operation

Greg Moore cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim as a result of a service offered by Greg Moore.

 

W8. SEO Placement

Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.

 

W9. Completion Date

Greg Moore will provide the client with an expected project completion date (live on the internet) if requested. We will always endeavour to meet any given deadline. However, as we are often reliant on receipt of content from a client we do not guarantee and are not bound in any way to complete the project by this date. 

 

W10. Copyright

All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client, they will be the sole responsibility of the client.

 

W11. CMS Copyright 

In respect of our content managed sites, all images displayed following live mode are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images or text changed by the client following live mode, will thereafter be the sole responsibility of the client.

 

W12. Domain Registration

Domain names will be registered by Greg Moore. Although the Domain names are registered to Greg Moore , the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Greg Moore will do this within a reasonable timescale.

 

W13. If a Domain name is purchased by the client through a company other than Greg Moore, the client has full responsibility in making sure that the Domain name is renewed when due. Greg Moore will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Greg Moore.

 

W14. When a client renews "hosting" with Greg Moore, this also includes Domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their Domain name could be made available to the public for purchase and Greg Moore cannot be held liable for this.

 

W15. Hosting Renewal

Renewal of "hosting" is due on a yearly basis unless purchased as part of one of our monthly subscription packages. The date of renewal will be annually from the date the website was ordered by the client. The "hosting" will not be renewed if we cannot contact the customer or the customer requests for us to not host this site. This will also affect the Domain as per item W16 

 

W16. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by Greg Moore for reactivating the website / hosting.

 

W17. CMS Subscription Packages

All our CMS subscription packages include the following:

CMS annual licensing, annual hosting, standard annual domain renewal, limited technical support and server maintenance. All our CMS subscription packages operate on a rolling 12 monthly contract. Cancellation within any 12 month period will result in the outstanding annual amount becoming due. Should a client wish to cancel any CMS package, Greg Moore must receive written instruction to this event prior to 30 days of the clients renewal date. Failure to comply with this will result in the full annual subscription being due.

 

W18. Content Liability 

Greg Moore has no control of, or responsibility for, the content of our client's websites. In no way does the textual or image based content of our client's websites constitute Greg Moore’s endorsement, or approval of the website or the material contained within the website. Greg Moore has not verified any of the materials, images or information contained within our client's websites and is not responsible for the content or performance of these sites or for the client's transactions with them. Greg Moore provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended client site at all times.

 

W19. Web Testing 

The Client is expected to test fully any application or programming relating to a website developed by Greg Moore before being made live for use. Where bugs, errors or other issues are found after the site is live, Greg Moore will endeavor to correct these issues to meet the standards of function outlined in the brief free of charge for the first 12 months.

 

W20. Loss, Corruption or Damaged Data

Greg Moore are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.

 

W21 Suspension of Web Based Services

Greg Moore reserve the right to suspend all company/individual websites and email accounts relating to a client, in the event of any monies remaining outstanding beyond our standard 14 day invoice period. This is in respect of any of the services supplied, web based or otherwise. 

 

Governing Law

All our terms and conditions shall be governed by the laws of England and Wales and both parties agree to submit to the exclusive jurisdiction of the English and Welsh courts.