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TERMS & CONDITIONS

CALL US: 01524 858934

EMAIL US: info@mdawebdesign.co.uk

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MDA Web Design - Terms & Conditions

Definitions:

The Client: The company or individual requesting the services of MDA Web Design.

MDA Web Design: Primary designer/site owner & employees or affiliates.


General

MDA Web Design will carry out work only where an agreement is provided either by email, telephone or mail. MDA Web Design 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 MDA Web Design and the client; this includes telephone and email agreements.

Website Domains

All domain names purchased through MDA Web Design will be registered under MDA Web Design and hosted through MDA Web Design. If you wish to cancel or move away from MDA Web Design then a release fee will be charged for all domain names registered through MDA Web Design at a fee of £100 + VAT. If you wish to cancel a domain name registered elsewhere transferred to MDA Web Design this will incur a £75 + VAT charge.

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, MDA Web Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of MDA Web Design until all outstanding accounts are paid in full.

MDA Web Design cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

The client agrees to make available as soon as is reasonably possible to MDA Web Design all materials required to complete the site to the agreed standard and within the set deadline.

MDA Web Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

MDA Web Design 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. E.g. any disputes re content/images that have been provided to us for inclusion on the site.

MDA Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

MDA Web Design will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

In no event shall MDA Web Design be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility of such damages.

• In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.

• If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.

• We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.


A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.


Compatibility


MDA Web Design 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 browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. MDA Web Design can offer no guarantees of correct function with all browser software as they constantly change.


Website Hosting


Whilst MDA Web Design recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by MDA Web Design 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.

Website Optimisation


Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimising websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use 'white hat techniques' when optimising websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimisation process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.


Payment of Accounts


A deposit is required from any new client before any work is carried out. It is an MDA Web Design policy that any outstanding accounts for work carried out by MDA Web Design or its affiliates are required to be paid in full, before the website goes live unless by prior arrangement with MDA Web Design.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or MDA Web Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.


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.

Complaints Procedure


Informal procedure


Anyone who experiences a problem with their web service provided by MDA Web Design should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.

MDA Web Design will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.


Formal complaints procedure


The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.


A formal complaint should be made in writing to MDA Web Design, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.


An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.


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