PROJECT Terms & Conditions
The following terms and conditions apply to all services provided by Phil-Moore.com
The following terms and conditions apply to all services provided by Phil-Moore.com
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a project estimate then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Phil-Moore.com are defined in the project estimate document or email you receive from us. Estimates are valid for a period of 90 days. Phil-Moore.com reserves the right to alter or decline to provide a estimate after expiry of the 90 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project estimate total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project estimate total due upon completion of the work, prior to upload to the server or release of materials.
Phil-Moore.com will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed.
At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Phil-Moore.com otherwise within ten (10) days of the date the materials are made available to the Client.
Invoices will be provided by Phil-Moore.com upon completion but before publishing the live website.
Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due 14 days upon receipt.
Client agrees to reimburse Phil-Moore.com for any additional expenses necessary for the completion of the work.
Examples would be purchase of special fonts, photography, domains etc.
Phil-Moore.com makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Phil-Moore.com cannot guarantee 100% correct functionality with all browser software across different operating systems.
Phil-Moore.com cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Phil-Moore.com reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
All Phil-Moore.com services may be used for lawful purposes only. You agree to indemnify and hold Phil-Moore.com harmless from any claims resulting from your use of our service that damages you or any other party.
Phil-Moore.com is a small business, to remain efficient we must ensure that work we have planned is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word/Google Doc, email (or similar) document representing the content of the relevant pages on your website.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Phil-Moore.com's Web space, Phil-Moore.com will, at its discretion, remove all such material from its web space. Phil-Moore.com is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account.
Cheques returned for insufficient funds will result in the Client's account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Phil-Moore.com reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Phil-Moore.com in enforcing these Terms and Conditions.
Phil-Moore.com will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Phil-Moore.com receiving initial payment, unless a delay is specifically requested by the Client and agreed by Moore Design.
In return, the Client agrees to delegate a single individual as a primary contact to aid Phil-Moore.com with progressing the commission in a satisfactory and expedient manner.
During the project, Phil-Moore.com will require the Client to provide website content; text, images, movies and sound files.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing.
The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Unless otherwise specified in the project estimate, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumb-drive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.
Although every reasonable attempt shall be made by Phil-Moore.com to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
Phil-Moore.com cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed.
Such alterations include, but are not limited to additions, modifications or deletions.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Phil-Moore.com the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
The Client is further responsible for granting Phil-Moore.com permission and rights for use of the same and agrees to indemnify and hold harmless Phil-Moore.com from all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.
A contract for website design and/or placement shall be regarded as a guarantee by the Client to Phil-Moore.com that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
A link to Phil-Moore.com will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design.
The Client also agrees that the website developed for the Client may be presented in Phil-Moore.com's portfolio.
These Terms and Conditions supersede all previous representations, understandings or agreements.
The Client's signature or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
Payment online is an acceptance of our terms and conditions.
Phil-Moore.com hereby excludes itself, its Employees and or Agents from all and any liability from:
• Loss or damage caused by any inaccuracy;
• Loss or damage caused by omission;
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
• Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Phil-Moore.com to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone.
Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
