Terms and Conditions
By placing an order with Mark Gunn Web Design, you confirm that you are in agreement with and bound by the terms and conditions below.
MGWebDesign (Mark Gunn Web Design): Primary designer/site owner.
The Client : The company or individual requesting the services of MGWebDesign.
MGWebDesign will carry out work only where an agreement is provided either by email, telephone or mail. MGWebDesign 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 MGWebDesign and the client; this includes telephone and email agreements.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, MGWebDesign 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 MGWebDesign until all outstanding accounts are paid in full.
Any scripts, or software (unless specifically agreed) written by MGWebDesign remain the copyright of MGWebDesign and may only be commercially reproduced or resold with the permission of MGWebDesign.
MGWebDesign cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to the brief will be carried out at the discretion of MGWebDesign and where no charge is made by MGWebDesign for such additions, MGWebDesign 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.
The client agrees to make available as soon as is reasonably possible to MGWebDesign all materials required to complete the site to the agreed standard and within the set deadline.
MGWebDesign will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
MGWebDesign 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.
MGWebDesign 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.
MGWebDesign 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.
A deposit of 25% is required with any project 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.
Database, Application and E-Commerce Development
MGWebDesign cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Any scripts or software (unless specifically agreed) written by MGWebDesign remain the copyright of MGWebDesign and may only be commercially reproduced or resold with the permission of MGWebDesign.
Where applications or sites are developed on servers not recommended by MGWebDesign, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by MGWebDesign before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, MGWebDesign will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
MGWebDesign 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 Version 6
and above and to an acceptable level with Mozilla Firefox browsers. MGWebDesign can offer no guarantees of correct function with all
other browser software.
Whilst MGWebDesign recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by MGWebDesign 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.
MGWebDesign 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.
Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the MGWebDesign policy that any outstanding accounts for work carried out by MGWebDesign or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with MGWebDesign.
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 MGWebDesign 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.