Moon Web Design - Terms & Conditions

Whilst we aim to ensure that any material, documentations, multi media presentations or executable files downloaded from this website are free of viruses, we would strongly advise that you run your own virus check on any material you download or pages you view whilst visiting this website. We accept no responsibility for any loss of data or system malfunctions experienced while viewing this website.

Privacy
Any data we collect from you will be held securely by us for the purposes of carrying out business with you, or to inform you of news, products and services that may be of interest to you. You will always have the option to opt out of newsletters at any time by following the instructions in the newsletter. Your data will not be passed to any third parties.
We may use cookies to collect and collate certain information to enable us to provide an improved experience to visitors of this site.

If you feel that your privacy has been infringed, or if you have received any unsolicited material from us, please contact us with details of your complaint and will do our best to rectify the situation immediately.

General terms and conditions

We reserve the right to withdraw any or all services from any client who infringes these regulations (as set out below) without notice and with immediate effect. In the event of suspending services, it is not our policy to offer a refund of any monies paid for services or any part thereof.

General Restrictions on Services and ISP Services
As a professional web host we value an excellent reputation. It is important to us that our customers use our services and the Internet in general, responsibly and courteously. Most of our customers do so and seldom need to refer to these AUPs (Acceptable Use Policies). Nonetheless some people will always ignore the rules, for this reason we have outlined below what constitutes unacceptable uses of our service. Breaching this AUP can and may result in the suspension or termination of your services. Whether you are using one of our free services, or entering in to a chargable contract with us, you should also read our terms and conditions which go hand-in-hand with this AUP.

Email
We take ‘spam’ mail very seriously. We reserve the right to instantly suspend your service if we have evidence to believe the account holder is involved in unsolicited bulk mailing whilst using our system to carry out their activities.

Mailing Lists
We also take the act of subscribing someone to an electronic mailing list without their prior consent very seriously. If you are running a mailing list it is your responsibility to make sure that users whose email addresses are entered actually want to be subscribed to your mailing list, if we receive complaints that you are not doing this, we again reserve the right to terminate your service.

General Unlawful Use
We are dedicated to providing a high-quality services and products to our clients, which are suitable for all organisations from schools through charitable institutions and SMEs, right up to multi-national corporations. We do not discriminate against any potential or existing client, but out of respect to our clients, and the law we will not tolerate the following unlawful uses of our services including: (but is not limited to): Drug dealing; pirating; hacking; cracking; copyright infringement; gambling; distribution of obscene materials; fraudulent activity; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; We reserve the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

MP3s
MP3s are acceptable on our servers as long as you personally own the copyright to the material stored therein e.g. You have recorded your band playing your latest track. We will not tolerate the storage, distribution, promotion or linking to of illegal MP3s as these MP3 files constitute a breach of international copyright agreements, such violations shall be taken very seriously and reported to the appropriate authorities. We reserve the right to inspect all MP3 files (or files suspected of being MP3s e.g. Zip files containing them, files with altered extensions).

Pornography
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of our servers and will not be tolerated under any circumstances.

Abuse of Server Resources
Abuses of our server resources includes (but are not limited to): Running background tasks without prior written permission; running Chat Rooms Internet Relay Chat; IRC Bots; daemons and other executable files; receiving more than 500 emails a day. Further more any usage of 10% or greater resource usage (CPU, Memory etc.) is an undue burden to our system and is not acceptable - If you do not comply with this ruling then your service may be terminated immediately without notification (You will have the right to appeal to us and no other body).

Hacking/Cracking
We reserve the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

The following examples of unacceptable behaviour are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask us for further advice.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination of services held by the user.

We reserve the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

Website production terms and conditions

When you ask us to develop or modify your website, or any other form of internet software you are contracting with us under the following terms. These terms refer to you as the client, as the work to be under taken for an agreed fee.

Purpose
The above-named "Client". (Hereinafter referred to as Client) is engaging "Moon Web Design." (Hereinafter referred to as 'Moon Web Design', as an independent Contractor for the specific purpose of undertaking a project, (hereinafter referred to as Project), to develop and deliver a Website Design and/or web applications software that fulfils the requirements and work described in the "Project Specification", (hereinafter referred to as "The Specification") issued by Moon Web Design. This Project, when completed will have the capability to be accessed through the medium of the World Wide Web providing Client has also put in place an acceptable "Hosting Service", (hereinafter referred to as "The Hosting Service").

Hosting Service Limitation
"The Hosting service" will normally be provided by Moon Web Design but shall be contracted for separately, and does not constitute any part of this agreement. If Client uses a "Hosting Service" not supplied by us then we cannot guarantee the performance of Project.

Agreement Type
This agreement shall be deemed either as fixed or day rate. The interpretation of a fixed agreement shall be where the work to be undertaken is fully defined in specification and taken on at a fixed price. A day rate agreement is for the purpose of taking on a more flexible working arrangement where work is priced on the basis of man days used.

Effectivity
This agreement shall be signed by the parties and does not become effective until signed by Moon Web Design and until all considerations have been received by us in accord with the payment terms.

Development
Moon Web Design development standards are kept under continuous review, and new software technologies and techniques are regularly adopted in order to keep our products and services state of the art. Due to the many diversities of the Internet, we adopt the policy of developing applications that fit the widest user-base, and most highly regarded operating platforms. We retain the right to vary or update any design standard at any time. Client undertakes to inform us prior to commencement of Project if there is a critical requirement to meet specific performance criteria.

Moon Web Design will alert Client to any potential problems associated with operating platforms or web browser compatibility should this become necessary. Moon Web Design will use its best endeavours to optimise performance for the desired user-base, operating systems etc.

Assignment
If required Moon Web Design reserves the right and Client hereby agrees to allow the use of sub-contractors or agents to Project to work on any aspect.

E-commerce Functionality
Where Project involves E-commerce functionality, Client must ensure that suitable arrangements are in place to maximise security levels with regard to financial and personal information relating to the users of Project. This may necessitate the use of secure electronic protocols, authentication certificates, encryption etc. and may require the provision of secure server facilities and an acceptable ISP host and/or the use of a credit card clearing service such as Netbanx, Worldpay, EPDQ etc.

Client agrees that Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Project or any other services contemplated herein, and will hold harmless, protect, and defend Moon Web Design and its Sub-Contractors from any claim, suit, penalty, tax, fine, or tariff arising from Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.

Copyright and Trademarks
Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Moon Web Design for inclusion in the Project are owned by Client, or that Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Moon Web Design and its sub-contractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by Client.

Project Copyright
Copyright to Project when completed will be owned by Moon Web Design. Client will be assigned rights to use the Project as a website, once final payment under this agreement and any additional charges incurred have been paid. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to Client, and remain the property of their respective owners. Moon Web Design and its sub-Contractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios.

Completion Date
Moon Web Design and Client undertake to work together to complete Project within the timescale defined in the specification. Moon Web Design will inform client on project progress and will always endeavour to meet the defined milestones. Client must also supply all source materials to timescales, failure to provide source materials within 30 days of the specified timescales will be sufficient grounds for Moon Web Design to cancel the agreement and retain any deposits or stage payments made thus far as cancllation fees.

Delivery
On completion of Project and receipt of payments due, according to the agreed terms of payment, Moon Web Design will put Project live on the Internet. Moon Web Design will upload Project to the agreed web server, and activate domain pointing and email services etc. Also, on receipt of payment Moon Web Design will arrange for the inclusion of Meta Tags and Search Engine submissions in-line with any such work detailed in the specification.

Ongoing Maintenance
Moon Web Design will fix all errors notified to Moon Web Design in writing within 30 days of the site being put live on the Internet. If errors are reported after more than 30 days Moon Web Design reserves the right to apply a discretionary charge before implementing any necessary fix. Modifications, extensions or enhancements will be implemented as necessary upon agreement of the work required and charged for at the standard rate as laid down in Moon Web Design’s terms and conditions.

Payments
A non-refundable payment of 30% of the total fee is due with order, unless otherwise agreed, in which case payment is due upon completion of site. Whilst any payment due under the agreement remains outstanding, Moon Web Design shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement.
Moon Web Design will issue invoices in respect of work undertaken on Project in-line with Moon Web Design’s standard Terms and conditions Client is required to settle invoices as the payment falls due, and Client hereby agrees that Moon Web Design may suspend ongoing work until any arrears have been paid.All payments for website design must be in pounds sterling by cash, cheque, bankers draft or money order. The Payments must be made promptly based on Moon Web Design’s standard terms or any overiding terms agreed in writing specific to Project. Moon Web Design reserves the right to remove any Project from viewing on the Internet until final payment is made. In case collection proves necessary, Client agrees to pay all fees (including all legal fees and court costs) incurred by that process.

Legal NoticeNotwithstanding anything to the contrary contained in this Agreement, Moon Web Design does not guarantee or warrant that the functions and content of Project will be uninterrupted or error-free.

The entire risk as to the quality and performance of the Project is with Client. In no event will Moon Web Design be liable to Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, "the Hosting Service" or any other circumstances beyond the control of Moon Web Design, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if Moon Web Design has been advised of the possibility of such damages.

This Agreement
This agreement constitutes the sole agreement between Moon Web Design and Client regarding this Project. Any additional work not specified in this Agreement or any other amendment or modification to this Agreement must be authorised by a written request signed by both Client and Moon Web Design. All prices specified in this Agreement will be honoured for 6 months after both parties sign this Agreement. Continued services after that time will require a new agreement.

Jurisdiction
This Agreement is made subject to the law of England and Wales. Any dispute will be litigated or arbitrated in the United Kingdom, and Client hereby consents to the personal jurisdiction of the Courts of England and Wales. Furthermore, Client waives any right to or claim of sovereign immunity.