Web Design Terms & Conditions
Definitions
The following Terms & Conditions document outlines a legal agreement between MDM Motorsport Designs LTD, known as ‘MDM Designs’ and ‘The Client’ for the service of Website Design & Hosting.
These terms and conditions define the expected provisions for how the client will abide by when using this service.
Website Design & Host covers the service of offering a client the designing, build and hosting of a custom website, utilising HTML, JS, JQuery, React, CSS and other web development coding and languages.
Additional software, such as use of ECommerce Platforms (such as Shopify) and Vector software (such as Adobe Illustrator) may be utilised during a project.
Project Confirmation
All provided quotations are valid for 14 days from the date of original issue.
Website Invoices require 50% payment upfront, and 50% remainder paid on confirmation of site design The client can pay the entire sum if preferred and on request.
The quotation outlines all the options included within the website project, discussed with the client prior or after consultation for the website design quotation.
It is the responsibility of the client too ensure all content in the quotation is required for the project. The client additionally must confirm the domain name that is required for the website, unless a prior domain name is already owned by the client.
No contract of work between the client and MDM Designs exists until an invoice deposit payment is received by MDM Designs.
The invoice acts as a contractual agreement between the client and MDM Designs for the features included in the project, unless exceptional circumstances occur to which the contract requires termination.
Additional work requested by the Client that is not specified in the agreed quotation is subject to an additional quotation by MDM Designs. This quotation will require payment in full for the additional work to be added to scheduling.
If the additional work is requested as part of a current project, time scales and completion of the project may be delayed.
The client agrees to provide any needed information and content required by MDM Designs in good time to enable the completion of certain tasks within the confirmed project.
The client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the client and MDM Designs.
Copyright and Permissions
Copyright of all produced material and content created by MDM Designs for the web design, content, images and source files remain that of MDM Designs unless a written mutual agreement is agreed between MDM Designs and the client.
Each project is a non-exclusive license agreement between MDM Designs and the client, therefore the client can use the web design for a confirmed domain only. It cannot be used on another domain, rival domain or sold onto another party with prior written agreement with MDM Designs.
The client agrees that resale or distribution of website design files without the written permission of MDM Designs is forbidden and may be subjected to sanctions.
The client agrees to ensure all content provided to MDM Designs with regards to content, images, media and publications are either owned by the client, or have been granted permission by the original authors. (such as photographers, PR agencies, partners and sponsors) If a breach of any authors copyright occurs, the client agrees to protect MDM Designs from any claims that may result due to this breach within the provided content.
The client agrees that MDM Designs may include development credit and/or links to their website page. MDM Designs can agree to not disclose their logo or development credit on the client website if prior agreement to project completion is made.
The client agrees to allow MDM Designs to utilise a confirmed project in a portfolio of work.
The client agrees to comply to any additional Terms and Conditions outlined by any 3rd party software or media that may be used in the project. This includes items include, but are not limited to Shopify, Meta, Google Maps, API plugins, reCaptcha, Google Analytics etc.
Specific Content
MDM Designs reserve the right to refuse to handle the following content if deemed to be a risk to the company image or Terms and Conditions:
a. Any media or content that is unlawful, criminal or politically controversial
b. Any media or content that may contain virus’ or malware
c. Any media or content that includes racism, abuse, violence, nudity or spam
MDM Designs may also refuse content provided that fails to meet any terms within the ‘Copyright and Permissions’ section of this document.
Domain Name & Hosting
MDM Designs offer a domain hosting service on the request of the client MDM Designs can also offer to upload the completed website design project to a client’s hosting service if this is already confirmed prior to contact with MDM Designs for the project.
The client is responsible for ensuring that if a domain name is required for the website, that the domain name spelling and address is as intended. MDM Designs hold no responsibility for incorrect spellings made by the client that may result in another domain name purchase or cancellation.
The client agrees that a new domain name will be registered in the Client’s own name, with the address and contact details of MDM Designs are the owner. The client will ensure that if a current domain name is registered with a third party hosting service (something other than MDM Designs) that the client will agree to fully abide by the terms and conditions set out by the third party.
The client agrees responsibility to pay any invoices with the regard to the running of the domain name. MDM Designs will send the client these invoices in an advanced time frame before any expiration occurs.
Third Party Domain Name and Hosting (if Applicable)
The client agrees responsibility of all legal responsibility for involvement in third party domain name and hosting services.
The client must agree to pay the domain name and hosting fees as soon as required by the third party. MDM Designs are not responsible for any of these payments. Any modifications needed to the domain name or hosting services are to be made between the client and their third party service.
The client must declare to their third party service of any changes regarding contact details, including billing and email addresses.
It is the client’s responsibility to contact the third party and update their contact details. If the client fails to perform this action, there is a risk of the hosting service or domain name expiring, which MDM Designs have no control of, as they are not linked to the third party service contract or payments.
The client agrees to pass on any requested FTP details, as well as any of methods of access to the client’s domain name and hosting account that MDM Designs may need to upload the new website to the existing client’s domain.
MDM Designs reserves the rights to cancel or refuse work with third party services with regards to rejection of certain services. These can include by are not restricted to FTP details and access, domain transfer, email address login etc.
Project Design and Display
The client agrees that a HTML web page built utilising a graphic design program to create a prototype visual may not match the published website document due to a range of factors including but not restricted too: Display properties of vector / graphic software, HTML limitations, screen resolution, individual computer graphic properties etc.
MDM Designs ensure the produced web design is as close as possible to the approved concept provided and confirmed by the client.
During a website project, the client agrees to deliver accurate and correct information with regards to the requirements for the website design and layout prior to confirming the layout for the site build and complete content addition.
If the client requires changes to a complete or previously confirmed page in the site, MDM Designs reserve the right to provide additional quotations for the additional work if deemed to be of extensive alteration.
If a project limitation within the design of certain website features, website limitations or third party features occurs, the client agrees that MDM Designs can utilise an appropriate solution within the pre-defined design brief.
The client agrees that if certain content within the website negatively impacts the performance, visually or operationally of the website, that MDM Designs can utilise an appropriate solution to correct such issues
MDM Designs will upload pages, or certain sections of the website to a test domain, which will be sent via an email link to the client. The client agrees to look through and analyse the layout of these web pages for confirmation requested by MDM Designs, and to give clear and accurate feedback if required.
Once the project is confirmed from the completed project being analysed in the test domain, MDM Designs will upload the client’s confirmed website onto the desired domain within a designated timeframe to be confirmed by MDM Designs.
All communications between MDM Designs and the client will be made by the following methods: Email, telephone, mail or social media where agreed by MDM Designs.
Website Updates
MDM Designs offer a full update service as standard, with various packages options discussed in the initial quotation. Specified update packages are provided by MDM Designs to the client with options to suit the client’s requirements.
It is the responsibility of the client to ensure the correct update package is chosen to suit their requirements.
The client accepts to address any requested termly, monthly or yearly fees upon receipt of invoice from MDM Designs when the timescale is reached. These terms are agreed from the confirmed quotation.
MDM Designs offer a PR writing service on request for motorsport services such as press releases and race reports if required.
Updates are applied by MDM Designs to the client’s webpage within a discussed timeframe between MDM Designs and the client.
The client agrees to provide MDM Designs with requested content in order to perform an update on the client’s website. If the content cannot be provided by the client, MDM Designs may require to extend deadlines on update timeframe to accommodate for sourcing content required by the client.
If within a certain time period outlined in the original quotation that the website requires no updates, the client will not be charged by MDM Designs for that time period. The client accepts that this does not exempt the client from other factors such as domain costs and other third party services such as SEO and advertisements.
If the client requires to update some content themselves, this service should be mentioned in advance of the quoting stage or before the project nears completion. MDM Designs will discuss the requirements and possibilities with the client in the quotation stage of the project.
If a client performs an update to the site once published, MDM Designs hold no responsibility for any errors created by an edit of content via the client.
MDM Designs will always hold a backup of HTML, design and source files in case of any errors or exceptional circumstances related to hosting, software or hardware, that may result in the website functioning in-corrected or corrupted.
Payment Terms
Prices are outlined to the client from the original quotation phase
All payments must be made in GBP
Website Invoices require 50% payment upfront, and 50% remainder paid on confirmation of site design The client can pay the entire sum if preferred and on request.
MDM Designs reserve the right to decline further work on a project for the client if any invoices are left outstanding or bounced.
MDM Designs reserve the right to remove work published to the internet if invoices and payment are left outstanding or bounced.
Liability
MDM Designs provide the Website Design service on an ‘as is’ basis. Therefore, all the content and features are published with a set purpose to display required information regarding a certain person, company, industry etc.
MDM Designs cannot guarantee functionality or operational features of the website and that it will be permanently error free. Additionally, MDM Designs cannot guarantee the site content will be always error free, with regards to but not only the following conditions: Image Quality, spelling, third party provided documentation, client provided content etc.
The client agrees that MDM Designs are not liable for any bugs, performance issues or operational errors within Ecwid store products. Ecwid is an open-source e-Commerce store software, maintained by a separate community from MDM Designs via ecwid.com.
MDM Designs endeavours to deliver the project within a given time frame to the client to the best of its ability. However, the client agrees that MDM Designs are not liable to any claims, losses, incurring costs or compensation due to any failures to deliver the service within the original given time frame.
The client agrees that MDM Designs are not liable for any delays or failures to carry out their services in project creation or updates, for reasons out of their control, including but not limited to: Software failures, hardware failures, third party interference, personal or business emergencies, social disturbances, project alterations, war, industrial strikes or government acts.
MDM Designs will endeavour to ensure the website project is completed and working error free upon confirmation of the site, however MDM Designs cannot always guarantee the continuous performance of the website
If after the website is live any errors are noticed or arise, MDM Designs will bid to correct these for the client free of charge when the error is noticed. The client agrees that if the error requires alteration in any functions or appearance of the website that MDM Designs will perform the action to impact these features in the minimal possible way.
If any errors occur in the DNS, hosting or domain name with hosting by MDM Designs, MDM Designs will bid to correct these for the client free of charge when the error is noticed.
MDM Designs are not responsible in any errors occurring in the DNS, hosting or domain name with a third party service. The client accepts it is their responsibility to contact the third party service regarding these issues.
If the client goes into liquidation within their normal course of business and cannot pay the debts issued by MDM Designs, MDM Designs reserve the right to cancel any future updates, web page publishing or services related to the project until further notice. Upon rectifying of the situation, MDM Designs reserve the right to invoice the client for the respective services.
MDM Designs have no liability to the client or any third parties for any damages, such as but not including: claims, losses, profit losses, loss of business, loss of advertising, website hits, website search results or special damages arising from the operation or issues in operating the webpages, even if MDM Designs are notified of such possible damages.
MDM Designs may contact the client with regards to necessary website updates, due to but not limited to: new website compliance's, software agreements, web standards, web page information or third party services.
MDM Designs reserve the right to invoice for these updates if the work involved is deemed extensive enough to warrant invoicing depending on actions out of the control of MDM Designs.
Indemnification
The client agrees to use all the MDM Designs services at their own risk.
The client agrees to hold MDM Designs at no responsibility or harm from liabilities, claims, losses and costs linked to any other party, partners, service or products sold that are linked to the client.
The client agrees that this indemnification extends to all aspects of the project, including but not limited to website content, domain name and website hosting.
Non-disclosure
MDM Designs agree that unless requested too by the client, that they will not at any time during or after the term of this project agreement disclose any confidential information with any other party.
The client also agrees that it will not convey any confidential information about MDM Designs unless requested too by MDM Designs.
Privacy Policy
MDM Designs may use information provided by the client in relation to this project agreement in accordance with the Data Protection Act 1998.
This information will be used to identify the client for the project communication, as well as to contact the client at other time periods to potentially offer them services or products that might interest or benefit the client.
Termination & Interpretation
MDM Designs reserves the right to terminate a project with a client at any time without prior notification if it finds the client to have breached any of the Terms and Conditions outlined in this document.
MDM Designs are the sole arbiter in deciding what consists as a breach. No refunds will be issued in such a situation.
If one or more terms of this contract are held to be unenforceable for a legal justified reason, any other terms of the contract will still remain valid and enforceable at law.
Matters linked to this agreement are protected by English Law and are under exclusive jurisdiction of the English Courts.
This agreement is to be governed by the laws of England and Wales which shall claim venue and jurisdiction for any legal motion or claim arising from these conditions.
Accepting a quotation or making an invoice payment for the project, the client acknowledges to have read, understand, and accept this documents of the MDM Designs Terms and Conditions. The client therefore agrees to be legally binding by these Terms and Conditions.
