Moore Designs Terms of
Service
1.
Authorization/contact agreement.
The client is engaging Moore Designs as an independent contractor
for the specific project of developing an Internet web site, graphics
or modifying an existing web site. The web site is to be hosted by
Moore Designs. The client also authorizes Moore Designs to publicize
their completed web site to Internet search engines, directories and
other indexes.
The client is responsible for providing
accurate and reliable contact information. The client agrees that any email
address given for business purposes will be active and understands that the
client is responsible for replying to all correspondence sent to that address by
Moore Designs. Failure to respond in a timely manner may result in a suspension
of your account if Moore Designs is unable to contact you for a 14 day period
using the contact information that you have provided.
2. Changes and
Additions.
Any changes request by you after agreed completion and upload may be
subject to additional charges. Additional work requested will be
considered as a separate work order. Moore Designs is under no
obligation to make any additions that do not arrive in writing or
arrive without an acknowledgement of charges to be billed.
You must submit a new order form when
adding additional pages/features to your web site. Any further
revisions in your web site may result in additional charges if it
requests anything other than a simple change of contact information or
a correction of an error.
3. Completion
Date.
Moore Designs and the client must work together to complete the web
site in a timely manner. Moore Designs agrees to complete the web
sites in a timely manner, no later than four (4) weeks from the time
that ALL information and materials are received by Moore Designs.
If
the client does not supply Moore Designs with ALL information and
materials by a date, 8 weeks from the date that the Order Form is submitted,
the account may be suspended or even cancelled at the discretion of
Moore Designs. If for any reason, a lengthy delay is anticipated after
all materials have been delivered to Moore Designs, we will
provide a refund for any uncompleted work that is cancelled by the
client or advise the client of a new schedule for the contracted work.
4. Payment of Fees.
All design work completed or in progress remains the legal
property of Moore Designs until full payment is received. Once full payment is
made, the client shall retain legal ownership of all contracted work.
Fees to Moore Designs are due before the commencement of any
contracted work. If payment is not arranged within 7 days of the Submission of the Order Form,
the account can be cancelled by Moore Designs.
The entire amount of the contract becomes due and payable
at the time that the work is contracted - NOT upon completion.
For your convenience, we accept Visa,
MasterCard, PayPal or International money order. All payments must be
made in U.S. Funds. Public access to the web site will be granted
after final payment is made.
Fees for updates are due within 10 days
of receipt of invoice. Payments must be paid promptly. Delinquent
bills will be assessed a $25 dollar charge if payment is not received
within 10 days of the due date. If the amount remains delinquent 30
days after its due date, the account will be suspended until the
account is paid in full - including the $25 US charge for delinquency.
If the amount remains delinquent for more
than 6 months, the account will be turned over to a collection agency.
5.
Impossibility of Performance.
Client acknowledges and agrees that Moore Designs cannot guarantee
the absence of service interruptions caused by Acts of God or other
circumstances beyond their control including, but not limited to,
local
telecommunications problems, line failures, or temporary down time for
maintenance or upgrades. The client also accepts that because web
pages rely on delivery through a world-wide web of co-operating
systems - from time to time, any web site may temporarily
experience interruptions beyond the control of Moore Designs.
6. Copyrights
and Trademarks.
The client unconditionally guarantees that any elements of text,
graphics, photos, designs, trademarks, or other artwork furnished to
Moore Designs for inclusion in the web site are owned, or that the
proper permissions were received by the client from the rightful owner
to use these elements in the web site. The client further guarantees
that Moore Designs will be held harmless, be protected from, and be
defended from any claim or suit arising from the use of such elements
furnished by the client.
7. Copyright
to Web Pages and Artwork.
Upon full final payment of this contract, Moore Designs agrees that its
work product produced in the performance of this contract shall remain
the exclusive property of client, and that it will not sell, transfer,
publish, disclose or otherwise make the work product available to
third parties without client's prior written consent. Rights to
photos, graphics, source code, work-up files, and computer programs
are specifically not transferred to the client and remain the property
of their respective owners. Clients are entitled to personal use of
purchased Moore Designs artwork e.g. incorporating it into
letterheads, business cards, print advertising (credit to Moore
Designs where applicable), however we do retain the copyright on each
graphic. This means that you are free to use your graphics as in the
above fashion, but cannot modify them in any way. We also reserve the
right to display your graphics as examples of our work on our design
site. Distribution of graphics to other parties is prohibited,
including usage on other web sites, inclusion in any collection, or
sale of artwork. We require that a link back to our design site be
placed on each site created by us or on pages where our graphics are
featured.8. Removal of web pages. Moore Designs reserves the right to
remove the design from public posting for failure to adhere to the
terms of this contract, including violation of any licensing
agreements or failure to pay fees duly assessed.
9. Refusal of
Service.
Moore Designs reserves the right to refuse service for any web site
or material that that it feels is not legal, moral, or in the best
interests of Moore Designs. Moore Designs is not responsible for the
content of any web site. Moore Designs may cancel this contract for
failure of the client to abide by its terms.
10.
Cancellations and Refunds.
Any cancelled work will only be refunded if cancelled before being
posted on an active web site. Any refund authorized, will be
calculated using the terms below.
Any work cancelled by the client after
being posted to an active site may be considered for a partial refund at the
sole discretion of Moore Designs.
Once design work has commenced, the initial deposit of 50% is
non-refundable. Notice of cancellation must be received in writing,
and Moore Designs will invoice the client for any work completed for
which compensation is not included within the aforementioned 50%
deposit. The client agrees to accept responsibility for all work
completed prior to written notice of cancellation being received by
Moore Designs.
11. Design
Credit.
A small logo image and link to Moore Designs will appear at the
bottom of each page on the site. The client agrees to display this
image and link for as long as the web site, designed by Moore Designs,
is publicly displayed on the internet, regardless of where the site is
hosted or maintained.
12. Governing
Law.
This contract shall be governed by the laws of the Province of
Newfoundland and the country of Canada, which shall claim venue and jurisdiction for any
legal motion or claim arising from this contract. This contract is
void where prohibited by law.
