Terms and Conditions

The following terms and conditions apply to all development/design services provided by MGC Agency Limited to the Client.

1. Acceptance

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 quote 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.

2. Charges

Charges for services to be provided by MGC Agency Limited are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. MGC Agency Limited reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all design and development services require an advance payment of a minimum of thirty-three (33) percent of the project quotation total before the work is supplied to the Client for review. A second charge of thirty-three (33) percent is required after the design stage, with the remaining thirty-three (33) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials. For some projects we will request payment over the monthly development schedule for example if the development time is 4 months then we will request 4 monthly payments upfront. For technical alterations to existing development content payment is due upfront in full.

3. Client Review

MGC Agency Limited will provide the Client with an opportunity to review the appearance and content of the development during the design phase and once the overall development is completed. At the completion of the project, such materials/proofs will be deemed to be accepted and approved unless the Client notifies MGC Agency Limited otherwise within ten (10) days of the date the materials/proofs are made available to the Client.

4. Turnaround Time and Content Control

MGC Agency Limited will install and publicly post or supply the Client’s development by the date specified in the project proposal, or at the date agreed with Client upon MGC Agency Limited receiving initial payment, unless a delay is specifically requested by the Client and agreed by MGC Agency Limited.

In return, the Client agrees to delegate a single individual as a primary contact to aid MGC Agency Limited with progressing the commission in a satisfactory and expedient manner.

During the project, MGC Agency Limited will require the Client to provide development content; text, images, movies and sound files vital for the development planning, design, and development stage. Failure to do so could result in projects been delayed. Should scheduled development times be missed that time is chargable at our hourly rate.

5. Failure to provide the required development content:

MGC Agency Limited is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries 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 development 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 of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the

go-ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your development. These pages should have the same titles as the agreed development pages. Contact Us if you need clarification on this.

Using our content management system you are able to keep your content up to date your self.

6. Payment

Invoices will be provided by MGC Agency Limited in a schedule agreed. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or £40 per month of the total amount due. We reserve the right to hold the individual personally liable for the full amount due and not the company in which they represent. Should any action for payment collection be required any action will be against the individual to whom agreed the scheduled work and quotation.

7. Additional Expenses

Client agrees to reimburse MGC Agency Limited for any additional expenses necessary for the completion of the work. Examples would be a

purchase of special fonts, stock photography or additional design work or development requested outside our quotation agreed.

8. Web Browsers

MGC Agency Limited makes every effort to ensure developments are designed to be viewed by the majority of visitors. Developments are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that MGC Agency Limited cannot guarantee correct functionality with all browser software across different operating systems.

MGC Agency Limited cannot accept responsibility for developments which do not display acceptably in new versions of browsers released after the development have been designed and handed over to the Client. As such, MGC Agency Limited reserves the right to quote for any work involved in changing the development design or development code for it to work with updated browser software.

9. Default

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 MGC Agency Limited’s Web space, MGC Agency Limited will, at its discretion, remove all such material from its web space. MGC Agency 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. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay MGC Agency Limited reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by MGC Agency Limited in enforcing these Terms and Conditions.

10. Termination

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 honored until and unless confirmed in writing. The Client will be invoiced for full amount of the

development agreed.

11. Indemnity

All MGC Agency Limited services may be used for lawful purposes only. You agree to indemnify and hold MGC Agency Limited harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

MGC Agency Limited retains the copyright to data, files and graphic logos provided by the Client, and grants MGC Agency Limited 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 MGC Agency Limited permission and rights for use of the same and agrees to indemnify and hold harmless MGC Agency Limited from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for development design and/or placement shall be regarded as a guarantee by the Client to MGC Agency Limited that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. 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 MGC Agency Limited to return to the Client any images or printed material provided for use in the creation of the Client’s development, such return cannot be guaranteed.

14. Design Credit

A link to MGC Agency Limited will appear in either small type or by a small graphic at the bottom of the Client’s development. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit is removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the development developed for the Client may be presented in MGC Agency Limited’s portfolio.

15. Access Requirements

If the Client’s development is to be installed on a third-party server, MGC Agency Limited must be granted temporary read/write access to the Client’s storage directories which must be accessible via C Panel. Depending on the specific nature of the project, other resources might also need to be configured on the server. Should additional time be needed to accommodate the development on a third party server a time log will be taken with the client agreeing to pay the additional hourly fee. All development fees are payable before files are uploaded to a third party server or storage.

16. Post-Placement Alterations

MGC Agency Limited 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.

17. Domain Names

MGC Agency Limited may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by or late payment is not the responsibility of MGC Agency Limited. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature or payment of an advance fee constitutes the agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. MGC Agency Limited will honor the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

20. Governing Law

This Agreement shall be governed by English Law.

21. Liability

MGC Agency Limited 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 development;

* 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 MGC Agency Limited 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.

22. Severability

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.

23. Changes in development

All specifications, designs, and functions will be agreed in the design stage. Once sign off is agreed and technical development starts changes to the agreed will be subject to charge. All changes will be quoted before any work commences and agreed.

24. Sign Off

The client will be requested to sign off key stages of the development by way of a signature and supplied back before the next phase of the development starts. Thes processes are design, development and final sign off. Failure to do so could result in projects been delayed and cancelation of development slots that are chargeable at our hourly rate.

25. Hosting Agreements

Hosting agreements are for a period of 12 months with either pay upfront or over 12 monthly payments by standing order. Cancellation of any

hosting agreements must be paid in full.

26. Hosting agreements are renewed on the date of expiry automatically and enter the client into a further 12-month contract as per our hosting agreement terms.

27. All outstanding invoices and agreed fees are required to be paid in full before any files, access or logins are provided. Once paid in full requests will be reviewed within 48 hours.

28. Cancellation of Consultancy

All consultancy is quoted on a fixed monthly term. The client agrees to the time scale quoted and confirms that if the consultancy is canceled before the end of the consultancy agreement length then the client is to pay MGC Agency Limited the full amount due equal to the monthly term agreed. All payments to be received within 14 days of termination confirmation.

29. Consultancy Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis.

30. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

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