Digital terms & conditions
By placing an order with Mobas Limited, you confirm that you are in agreement with and bound by the Terms and Conditions stated below. For the purposes of these Terms and Conditions the company or individual requesting the services of Mobas Limited shall be known as ‘the Client’ and the website produced by Mobas Limited for the Client will be known as ‘the Website’.
Mobas Limited will only commence work once an order has been placed by either phone, email, in writing, or signed off Project Initiation Document (PID). An ‘order’ is deemed to be a verbal or written contract between Mobas Limited and the Client including telephone and email agreement.
Mobas Limited will make every effort to ensure that the Website and any scripts or programs are error-free, but cannot accept liability for any losses incurred due to failure or malfunction of the Website or any part of it.
Any code written by Mobas Limited remains the copyright of Mobas Limited (unless prior agreement is made) and may only be reproduced or reused commercially with the permission of Mobas Limited.
Mobas Limited accept no responsibility for copyright infringements caused by materials used and submitted to us by the Client. Mobas Limited reserve the right to refuse any material that it believes to contravene copyright laws unless proof is given that permission has been granted to use the material. It is the responsibility of the client to provide all agreed materials as agreed verbally or in writing. Any significant delays caused due to the failure of the client to provide agreed materials may be chargeable. It is not the responsibility of Mobas Limited to create copy, images or other materials for the client unless explicitly agreed in the quotation or subsequent communication. Supplied materials should be in agreed format – if extra time required to crop/optimize images this will be chargeable (at agreed hourly rate for extra work) unless this is expressly outlined in the original quote. If Mobas Limited have to source image, design, logo or icon materials for the creation of a client website, the cost of the materials is chargeable at the cost incurred, unless the cost of the materials is explicitly outlined in any quotation or invoice.
Changes to agreed or supplied design and copy requiring extra work, outside the scope of an agreed project, will be chargeable on an hourly basis at the standard rate applying at the time.
Mobas Limited will not be liable for costs incurred; compensation or loss of earnings due to the failure to meet agreed deadlines, but every effort will be made to ensure all agreed deadlines are met and every effort will be made to inform the Client if a deadline will be missed.
Mobas Limited will not be liable or become involved in any disputes between the Website owner and any other party and cannot be held responsible for any unlawful behaviour or other wrongdoing by the Website owner.
Mobas Limited will endeavour to maintain the Website in a fully operational condition. Mobas Limited cannot always guarantee that this will be the case and as such cannot accept liability for any disruption to a websites operation, economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the use of the website or their inability to access the website.
Mobas Limited cannot be held responsible for issues relating to software bugs in supplied open source or paid-for software solutions. Whilst Mobas Limited will endeavour to find solutions for such issues, this cannot be guaranteed and may be chargeable if significant time is required to provide the solution. Similarly Mobas Limited cannot be held responsible for issues relating to software upgrades, plugins, modules or any other additional software packages requested by the client. Issues relating to email, including lost emails, cannot be considered the responsibility of Mobas Limited. Clients must create local copies of emails that they consider to be commercially important or sensitive. If clients exceed any agreed or set quotas and lose data, it is their responsibility.
Mobas Limited retains the copyright of all individual artwork, graphic design and website design created for a client project, unless specifically agreed that this is to be transferred to the client. Such transfer can only be made in writing.
All websites designed by Mobas Limited will show a link to the Mobas Limited website near the bottom of each webpage, unless otherwise agreed. Removal of the link is only allowed with the express permission of Mobas Limited. We also reserve the right to include details of our work for clients on the Mobas Limited website, this can include screen shots of the clients website and links to the client website.
It is the clients responsibility to check the website for any errors or omissions. The clients instruction to Mobas Limited to make the site live will be taken as evidence that the client has performed this check.
If any discussed and/or created wireframes or images are subsequently used by the client, or a third party, without the express permission of Mobas Limited and without payment, we reserve the right to instigate legal action for damages and copyright infringement.
8 week warranty
Following a website launch and go live, Mobas Limited will provide support for eight weeks to resolve any issues arising from errors in the website code. Although code is thoroughly tested prior to go-live, there are instances where issues do not become apparent until either all the content is added, or the website is used by a live audience. Mobas Limited will resolve any issue arising in this period. We encourage our clients to conduct their own checks to identify any further problems.
Any changes highlighted by the client within this eight-week period which differ from what was defined in the scope or Project Initiation Document will be classed as chargeable work and estimated prior to completion.
Within this eight-week support period, Mobas Limited will begin discussions with the client, on the appropriate level of support for the website going forward. Our Digital Support Programme (DSP) offers a flexible approach depending on the level of support required.
Whilst every measure will be made to ensure compatibility with a wide range of web browsing software we can offer no guarantees of correct function with all browser software and cannot accept responsibility for loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to a third parties inability to access the website due to browser incompatibility. We do not support Internet Explorer 6 and if the client expressly requires compatibility with this browser it must be stipulated before acceptance of any quote and any extra cost incurred in supporting this browser must be agreed before the project begins. We will test for compatibility any website we create with the most recent version of Internet Explorer, Mozilla Firefox, Safari and Chrome on mobile and desktop devices.
Where Mobas Limited provide hosting and maintenance services we cannot be held responsible for difficulties experienced when accessing the website or individual parts of the website due to circumstances beyond our control. These may include (but are not limited to): problems with the clients internet service provider or other third party, failure (partial or whole) of server hardware or software, disruption or failure of any service that prevents Mobas Limited functioning in a normal manner, natural disaster, weather, war, invasion, riot and other civil disorder, rebellion and revolution. Where the client decides to host the website with a third party it is fully and completely their responsibility to maintain the website, unless the client enters into a specific agreement with Mobas Limited to provide support services.
Mobas Limited reserve the right to refuse to handle in any way, material which may be deemed obscene or pornographic, contains abusive or offensive language, anything that may be construed as threatening or defamatory or any material to which the Client has no rights.
Where Mobas Limited provides hosting facilities with a third party, the client will be bound by the terms and conditions of the chosen host. Any claim by the client arising from hosting will be directly against the host and not Mobas Limited.
Any penetration testing made on a clients website by the Client or an external party, must be notified in writing. Penetration testing is not allowed without our prior written consent. This allows Mobas to give notice to the hosting provider of the schedule test, to ensure they do not mistakenly identify the test as a service attack.
Mobas Limited cannot be held responsible for the loss of email data or website functionality during transfer of domain name (however long it takes) and as such cannot accept liability for any economic losses (including revenues and profits), loss of goodwill, reputation or any other consequential or indirect losses the client may suffer due to the loss of website functionality, loss of email data or their inability to access the email data.
Domain names registered by Mobas Limited on behalf of the Client will be done in such a way that the Client will be the legal owner and Mobas Limited will be the technical admin within our domain hosting environment. In the event that a client requires the technical admin or the hosting environment of their domain name to be changed, this will require a fee to cover administration.
Payment terms will be set out on the scoping document.
All website code and graphics will remain the property of Mobas Limited until all accounts are paid in full. If the client does not respond to email or phone messages requesting agreed content or sing-off, for a period of two weeks or more, Mobas Limited reserve the right to issue a final warning to the client that if they do not then respond within three days of the final warning, the project will be paused at that point and the client will be invoiced in full for work completed up to that point.
In the event that the client fails to respond to communication for a period of 28 days or more, Mobas Limited reserve the right to archive the project and invoice for all completed work and materials. At this point the project will on-hold until the scope of work and cost for completion of the project is agreed and any deposit required is paid.
We reserve the right to claim statutory interest at 8% above the Bank of England reference rate in force on the date the debt becomes overdue and at any subsequent rate where the reference rate changes and the debt remains unpaid in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended and supplemented by the Late Payment of Commercial Debts Regulations 2002. Mobas Limited reserve the right to charge for costs and expenses incurred in recovering late payments and to charge interest at the rate then in force pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 as at the due date. A copy of “The Act” is available from www.opsi.gov.uk/acts/acts1998/19980020.htm For outstanding accounts Mobas Limited reserve the right to disable the Client’s website or system until such time as we receive all outstanding monies. 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 the need arises to seek payment through legal proceedings, and if necessary court summons.
With any website which collects personal data the relationship between the Client and Mobas Limited, our understanding is that the Client in this relationship is Data Controller and appoints and authorises Mobas Limited to act as one of its Data Processors. Which Mobas Limited as the Data Processor will:
- only process personal data in accordance with written instructions from the Data Controller;
- recognise that the Client is the Data Controller who controls what happens to the personal data;
- obtain a commitment of confidentiality from anyone Mobas Limited allows to process the personal data;
- be subject to the same Article 32 requirements as the Data Controller are to take appropriate measures keep the personal data it is processing secure;
- assist the Data Controller in meeting the Article 33 obligation to notify personal data breaches to the supervisory authority;
- assist the Data Controller in meeting the Article 34 obligation to advise data subjects when there has been a personal data breach (however there may be a charge from Mobas Limited to action such requests);
- not engage sub-processors without the prior written consent of the Data Controller;
- assist the Data Controller in providing subject access and allowing data subjects to exercise their rights under the GDPR (however there may be a charge from Mobas Limited to action such requests);
- assist the Data Controller in meeting the Article 35 obligation to carry out data protection impact assessments as required (however there may be a charge from Mobas Limited to action such requests);
- submit to audits and inspections, to provide the Data Controller with whatever information it needs to ensure the Article 28 obligations are met;
- in accepting a “Data processing request form”, ensure the balance between the specific tasks and responsibilities of the Data Processor and the risk to the rights and freedoms of the data subjects will be taken into account;
- tell the Data Controller immediately if it is asked to do something it feels is infringing the GDPR or other data protection law of the EU or a member state;
- delete or return all personal data it has been processing for the Data Controller at the end of the contract