Website Development Terms and Conditions
By placing an order with Mistera Ltd, you confirm that you are in agreement with and will be bound by the terms and conditions detailed below.
1. Definitions
The Client: The company or individual requesting the services of Mistera Ltd.
Mistera Ltd: Primary designer & employees or affiliates.
2. General
2.1 Mistera Ltd will undertake work only where an agreement is provided either by email, telephone, mail or fax.
2.2 Mistera Ltd will undertake work only for clients who are 18 years of age or above.
2.3 An 'order' is deemed to be any written or verbal contract between Mistera Ltd and The Client; this includes telephone, fax and email communication.
3. Website Design
3.1 Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Mistera Ltd cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it.
3.2 The website, graphics, scripts, cgi applications, and php code remain the property of Mistera Ltd until all outstanding accounts / invoices are paid in full.
3.3 Any graphics, scripts, cgi applications, and php code (unless specifically agreed) supplied or written by Mistera Ltd remain the copyright of Mistera Ltd and may not be commercially reproduced or resold without the express permission of Mistera Ltd. Permission will not reasonably be witheld if all monies owing to Mistera for the development have been paid.
3.4 Mistera Ltd cannot take responsibility for any copyright infringements caused by materials submitted by The Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
3.5 Any additions to the brief will be carried out at the discretion of Mistera Ltd and where no charge is made by Mistera Ltd for such additions, Mistera Ltd accepts no responsibility to ensure such additions are error free and reserve the right to charge an amount for any correction to these or further additions.
3.6 The Client agrees to make available as soon as is reasonably possible to Mistera Ltd all materials required to complete the site to the agreed standard and within the set deadline.
3.7 Mistera Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
3.8 Mistera Ltd 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. e.g.. Any disputes re content/images that have been provided to us for inclusion on the site.
3.9 Mistera Ltd 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 Client’s appointed agents.
3.10 Mistera Ltd 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.
4. Compatibility
4.1 Mistera Ltd will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 7 and above, and to an acceptable level with Mozilla browsers, Firefox, Safari , Opera and Chrome.
4.2 Mistera Ltd can offer no guarantees of correct functionality with all browser software.
5. Website Hosting
5.1 Whilst Mistera Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service. Mistera Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
5.2 Mistera Ltd 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 the hosting service should the necessity arise.
6. Performance of the Services
6.1 Mistera Ltd will use its best endeavours to complete all Services within any agreed timescale or within a reasonable period.
6.2 The design and building of the website will commence upon the receipt of the deposit and the provision of the images and text by the Customer and will be completed when the Customer gives written notice to Mistera Ltd of approval of the website.
6.3 Time shall not be of the essence.
6.4 On completion of the Service, the website will be uploaded to a temporary URL for approval by The Client.
6.5 Mistera Ltd reserves the right to delay uploading of the approved website to its hosting server or supply of the website files to The Client for use on any hosting server other than that provided by Mistera Ltd until full payment has been received.
7. Payment Terms
7.1 A deposit of 50% of the total project cost is required before any development work is undertaken.
7.2 On completion of the development phase, an invoice for the remaining balance is issued.
7.3 All invoices are sent electronically and are due for immediate payment.
7.4 On receipt of the final payment the website will be made "live" and operational.
7.5 Where an invoice has not been settled in full for 90 days after issue, and where there has been no written complaint about Mistera's service or delivery, the Client's website will immediately be suspended. Once suspended a website will only be reinstated on full payment of the outstanding balance.
7.6 Following consistent non payment of an invoice our Solicitors will contact The Client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
8. Complaints Procedure
8.1 Informal procedure
8.1.1 Anyone who experiences a problem with their web service provided by Mistera Ltd 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.
8.1.2 Mistera Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
8.2 Formal complaints procedure
8.2.1 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.
8.2.2 A formal complaint should be made in writing to Mistera Ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
8.2.3 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.
9. Termination
9.1 Either party may terminate this agreement by giving 30 days notice in writing.
9.2 Upon termination and subject to all invoices / accounts being settled, Mistera Ltd will give The Client a copy of the entire site including graphics, scripts, cgi applications, php code and database, subject to the terms set out in 3.2 & 3.3.
9.3 Web hosting services are automatically renewed annually.The Client must give written notice to Mistera prior to the renewal date if the service is no longer required, otherwise The Client will be liable for another years hosting charges.
9.4 Domain names are automatically renewed either annually for .com / .eu domains or bi-anually for .co.uk domains. The Client must give written notice to Mistera prior to the renewal date if the domain name(s) are no longer required, otherwise The Client will be liable for the renewal costs of the domain name(s).
10. Governing Law
10.1 These Terms and Conditions shall be governed by and construed in accordance with the law of
