Website Design Terms & Conditions

By placing an order with Moragan Design, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

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

Moragan Design: Moragan Design Ltd

General

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

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Moragan Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it, this includes any hosting or email issues.
The website, graphics and any programming code remain the property of Moragan Design until all outstanding accounts are paid in full.Any scripts or software (unless specifically agreed) written by Moragan Design remain the copyright of Moragan Design and may only be commercially reproduced or resold with the permission of Moragan Design.

Moragan Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. Moragan Design reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

It is deemed the sole responsibility of the client to check the copyright ownership of all images graphics and content of their web site.

Moragan Design is not liable for any type of copyright infringement.

Any additions to the brief will be carried out at the discretion of Moragan Design and where no charge is made by Moragan Design for such additions, Moragan Design 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 Moragan Design all materials required to complete the site to the agreed standard and within the set deadline.

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

Moragan 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.

Moragan 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.

Moragan 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.

A deposit of 75% is required with any project before any design work will be carried out, and is non-refundable.

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

Moragan Design 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, applications or software (unless specifically agreed) written by Moragan Design remain the copyright of Moragan Design and may only be commercially reproduced or resold with the permission of Moragan Design.
Where applications or sites are developed on servers not recommended by Moragan Design, 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 Moragan Design before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Moragan Design will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility

Moragan Design will endeavor 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 at the time of release. Moragan Design can offer no guarantees of correct function with all browser software. Any other browser type requirements must be stated in the client specificationand agreed with Moragan Design. Moragan can not take responceabilty for malfunctions of web site functionality due to a browser incompatability.

Website Hosting

Moragan Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits, indirect loss, consequential or special loss.
The client must provide written instruction to Moragan Design regarding any type of data back up required, this includes backup of scripts, images, files and databases of any kind.and a signed contract agreed between both parties must be agreed stating the service level of backup required.
Moragan Design. Moragan Design cannot accept liability for loss of scripts, images, files and databases of any kind caused by the unavailability, malfunction, interruption, corruption or loss of data of this service, or for loss of turnover, sales, revenue, profits, indirect loss, consequential or special loss.
All data remains the responsibility and liability of the client unless otherwise instructed.

Moragan can not be held responsible for any loss of email. Moragan Design cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits, indirect loss, consequential or special loss.

Materials

Moragan Design 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 hosting service should the necessity arise.

Payment of Accounts

A 75% deposit is required from any client before any work is carried out. It is the Moragan Design policy that any outstanding accounts for work carried out by Moragan Design are required to be paid in full, unless by prior arrangement with Moragan Design.
If any type of account is not settled, access to the related website and email may be denied , Moragan Design will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating of the client.
Moragan Design reserve the right to deny or suspend access to any service due to late payment.
Moragan can not be held responsible for any loss during this period or suspension. Moragan Design cannot accept liability for losses caused by the unavailability of web sites, email or any other service provided by Moragan Design, including loss of turnover, sales, revenue, profits, indirect loss (3 rd party), consequential or special loss.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Moragan 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.

Moragan 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 Moragan 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.