Terms and Conditions

Moonspace Web Design

Terms & Conditions of Service

This agreement is between you and us.

All clients are accepted in accordance with the following conditions unless expressly excluded or varied by agreement. Moonspace Web Design accepts no responsibility for errors or misunderstandings on details supplied by the client completed by the client.

Definitions
In this Agreement the words ‘we’, ‘us’ and ‘our’ means Moonspace Web Design. 29 Kells Meend, Berry Hill, Gloucestershire. Gl16 7AD. The words ‘you’, ‘your’ and ‘yours’ refer to the person who entered into this agreement with us.
Personal Details
1. These terms and conditions apply to all services supplied by we of Moonspace Web Design to you the customer named on the Design Specification Document. The Design Specification document and these conditions form the only legally binding agreement between us and are concluded by our delivery of service to you, or when we receive notification from you in writing that you no longer require our service.
2. Information provided in Design specification Document is valid for28 days unless otherwise stated.
Payment
1. You are required to pay a deposit when the Design Specification is agreed upon and the document is signed. This will not be refunded under any circumstances.
2. Invoices are to be paid in sterling by any of the following methods:
  - Cheque
  - Through PayPal
  - BACS transfer
  - Credit/debit card
3. Payment due within 14 days of invoice date.
Other charges
1. If you live outside a 25-mile radius of the above address we have the right to request travel expenses.
Delivery
1. Delivery of services is dependent upon the client paying the invoice in full. Delivery of services will be withheld if the full amount is not paid.
Cancellation of Services
1. You are entitled without giving reason to cancel your Design order provided you do so within 28 days of the first consultation and within 10 days of the Design Specification Document being signed.
2. Outside this time scale you will be charged a consultation fee of £25 per hour for the work done up to that point. Deposits are non- refundable.
3. With regards to renewal of fees, the full amount is due within the stated invoice date. If the full amount is not paid it will be understood that the service is no longer required and said service will be terminated. We reserve the right to charge a consultation fee of £25 per hour to re-instate any service, which has been terminated due to non-payment.
Intellectual Property / Copyright
1. All intellectual property rights remain with us unless a separate agreement is entered into.
2. All images, source code and designs remain property of us unless a separate agreement is entered into.
Responsibility
1. We are not legally responsible for any loss of earnings or loss of data as a result of use of the application/services we provide.
2. We are not legally responsible for any damage, defacement or loss of data due to hacking, virus’s, unsolicited email or power outages.
3. We reserve the right to contact any authority if we are concerned about anything that is found or discussed during a design/consultation process.
4. We are not liable to you or any of your customers for any financial loss due to credit card fraud.
Limitation of liability
1. This provision does not affect your statutory rights nor does it limit our liability for death, personal injury or fraudulent misrepresentation resulting from our negligence.
2. We will have no other liability except as set out above and in particular will not be liable to compensate you for disappointment, inconvenience, loss of profits, any indirect or consequential loss or damage whatsoever or howsoever occurring.
Unforeseen Circumstance
1. We shall not be liable to you for any failure by us to supply services caused by any event or circumstances beyond our reasonable control.
Application Law
1. This contract shall be governed by and interpreted in accordance with the Laws of England and subject to the non-exclusive jurisdiction of the English courts.

Services provided with MoonSpace hosting packages

Introduction

These terms detail the provision of service that a third party can expect when receiving a hosting service from MoonSpace Design (MSD). If you have agreed any further services (such as training, graphics production etc.) these will be covered in your specific contract.

Fault Recovery

In the event of a fault occurring that is NOT caused by the customer, MSD will make such changes to the site to make it fully operational.

In the event of a fault that is caused by the customer, MSD will make such changes to the site to make it fully operational. Any further changes that need to be made to ensure the fault doesn’t reoccur will be chargeable to the customer at the MSD standard hourly rate. If the customer chooses not to have the website modified, any further faults caused as a direct result will be charged at the MSD standard hourly rate.

MSD cannot be held responsible for any loss of data from a database or other storage medium that occurs due to faults.

Updates

MSD will undertake minor changes to non-dynamic portions of the site (for example, front page text) when requested by the customer.

Some examples of minor changes:

Minor text changes/spelling errors
Telephone number changes
Page title changes
Meta-Tag information changes

Major changes will be charged to the customer at the MSD standard hourly rate.

Some examples of major changes:

Overall style changes affecting the whole site (e.g. font colour/face change)
Changes to graphical elements (e.g. Logo changes)
Database changes
Addition of pages

If the rate of site update exceeds more than 4 changes per month, on a regular basis MSD will propose a standing fee for future updates.

Any updates that can be made through a supplied administration section are not the responsibility of MSD and, if performed by MSD will be charged at the MSD standard hourly rate.

Some examples of chargeable updates:

Add a new range to a shopping site
Administer orders on a shopping site
Upload graphics for new or existing products
Forum administration

Domain Names

When MSD procure a domain name on behalf of a customer, it will be MSDs responsibility to alert the customer when the domain name(s) is due for renewal. MSD will only renew a domain name with the prior agreement of the customer. MSD will charge the standard rate for the renewal plus a small administration fee.

When the customer supplies the domain name, MSD take no responsibility for the renewal or maintenance of that name.

Not Covered

Search Engine Submission

Unless specifically agreed upon in a separate contract, MSD will not submit your site to any search engines and will not guarantee inclusion in any search engine. Although all MSD sites are designed to be fully visible to search engines, this is no guarantee of inclusion.

Server Errors

MSD rent hosting off a third party company and as such have no direct control over their servers. However, MSD use a high quality companies for their hosting who are contracted (to MSD) to do all in their power to keep the web servers running. All servers are backed up daily and uninterruptible power supplies back up mains power in the event of power loss.

Non Payment

In the event of non-payment of a hosting fee, MSD reserve the right to remove the hosted website from public view. The website will be removed on the first day of a non-payment period and will only be reinstated when the hosting fee has been paid.

MSD charge for hosting on a yearly basis, in advance and will always alert customers at least 14 days in advance of a pending fee. If MSD fail to alert a customer of an impending hosting fee 14 days in advance, in the event of non-payment, the website will be removed one month after MSD alert the customer.

Repair and Maintenance

MSD can, at any time suspend a customers website for repair or maintenance. For many small issues it has been proven to be far quicker to rectify the fault without alerting the customer in advance.

Hosted website terms and conditions

MoonSpace Design will not be liable for any loss or damage arising out of or in connection with the use of any hosted website
MoonSpace Design reserve the right to remove in part or in entirety any website or part of website that contravenes any law or measure of good taste. Examples of non-acceptable content include:
- Pirated software or other media
- Hacking programs or archives
- Warez
- Pornography
- Spamming software
Defamatory speech delivered over the internet can result in civil liability for the defamer
You must not modify or change any code hosted on a MoonSpace Design package to operate in connection with any Spam or other unsolicited email
MoonSpace design will not be liable for any shortcomings of customer equipment which may cause services or websites provided by MoonSpace Design to be inaccessible by the customer or any third party
MoonSpace Design accepts no liability for the acts or omissions of third party telecommunications or Internet Services providers for faults or failures of their apparatus
Unless specifically agreed employees of MoonSpace Design will not attend a customers premises under any circumstance
Websites hosted by MoonSpace Design may contain links to third party websites that are controlled and maintained by others. MoonSpace Design are not responsible in any way for such sites
MoonSpace Design cannot accept any responsibility for any interruption of service or loss of data due to server issues
All content designed by MoonSpace Design and Hosted in a MoonSpace Design hosting package, remains copyright MoonSpace Design unless specifically agreed in advance with the customer. All content supplied by the customer or a third party remains copyright of the originator
MoonSpace Design cannot accept any liability for any problem arising through customers failure to keep any usernames or passwords generated safe from third parties
You may cancel your web hosting at any time before your next billing cycle and you will not be billed for the next period
MoonSpace Design reserve the right to use the customer website for promotion of the business of MoonSpace Design unless otherwise directed by the customer
MoonSpace Design do not offer any kind of money back guarantee
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts
Neither party is liable for any breach of this Agreement which is caused by a matter beyond its reasonable control including Acts of God, fire, lightening, explosion, war, disorder, flood, industrial disputes, extremely severe weather or acts of local or central Government or other competent authorities
Failure to comply with any of the terms and conditions will result in immediate termination of the website. Any work required to return the website to an operational condition will be charged at the MoonSpace Design standard hourly rate

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Company Details:
Broadstone UK Ltd trading as Moonspace Web Design
Company No- 4954763
Registered in England & Wales
29 Kells Meend, Berry Hill, Gloucestershire, GL16 7AD, UK.