Terms & Conditions.
All services provided by MCM Net Limited to the Client are subject to the following terms and conditions:
Your order with us constitutes your acceptance of these terms and conditions. Any hosting space for a web site, reserved for the client, will remain the property of MCM Net Limited until paid for in full by the client. Any domain names registered on behalf of the client will remain the property of MCM Net Limited until paid for in full. By incorporating any third party services or products into their web site, the client also agrees to abide by that company’s terms & conditions.
Charges for services to be provided by MCM Net Limited are defined in the initial quotation that the Client receives. All services either require full payment in advance or a payment of fifty (50) percent of the project quotation total in advance before the work is commenced. Any remaining fees will be due upon completion of the work, and prior to the work being set live. Payment for services is due by cheque or BACS.
3. CLIENT REVIEW
MCM Net Limited will provide the Client with an opportunity to review the appearance and content of the project during all stages of the design and on completion. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies MCM Net Limited otherwise within ten (10) days of the date the materials are made available to the Client.
4. INTELLECTUAL PROPERTY RIGHTS
Upon final balancing payment of the contract, the Client is assigned full ownership rights to their project. The Client understands that while they own the work, any elements within their project that hold existing copyrights are not transferred to the Client. Examples include but are not limited to; third party software and scripts, software and scripts designed and copyrighted by MCM Net Limited, and third party photographs, graphics and other multimedia such as video and audio. In these cases, the copyright to any of these elements is not transferred to the Client, but remains the property and copyright of their respective owners.
Upon transfer of the project to the web server (putting the work live), and subsequent transfer of ownership of content rights, the Client accepts full responsibility for the whole content of the project, and any grievances, arising as result of this content, either in the United Kingdom, or any other countries, will be the sole responsibility of the client. Additionally, MCM Net Limited will take no responsibility what so ever for the content of third party web sites where links have been placed on the Client’s web site, to link off to these web sites.
MCM Net Limited owns all right, title and interest in MCM Net Limited’s trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Services and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to the Client to use MCM Net Limited’s trade names or service marks.
All license and copyright deriving from the product(s) or service(s) shall stay with MCM Net Limited.
Invoices will be provided by MCM Net Limited upon commencement and completion of the work, or as agreed, for Web Design, Game Design and any associated services. Invoices are due upon receipt.
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 MCM Net Limited’s Web space, MCM Net Limited will, at its discretion, remove all such material from its web space. MCM Net Limited 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. In accordance with the European Union directive on late payment, invoices not settled within 30 days will be subject to interest at 8 per cent over the Bank of England dealing rate, plus compensation: £40 on debts under £1000 – and £70 on debts under £10,000. Clients with accounts in default agree to pay MCM Net Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by MCM Net Limited in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. STANDARD MEDIA DELIVERY
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk 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 MCM Net Limited to return to the Client any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed.
9. POST-PLACEMENT ALTERATIONS
MCM Net Limited cannot accept responsibility for any alterations caused by a third party occurring to the Client’s project once live. Such alterations include, but are not limited to additions, modifications or deletions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature of a contract, standing order agreement or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
11. GOVERNING LAW
This Agreement shall be governed by English Law.