Terms and Conditions

By placing an order with MGN Design, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

 The Client : The company or individual requesting the services of MGN Design.

MGN Design: Primary designer & employees or affiliates.

 General

MGN Design will carry out work only where an agreement is provided either by email or telephone. MGN Design will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between MGN Design and the client, this includes telephone and email agreements.

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, MGN Design cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

 The website, graphics and any programming code remain the property of MGN Design until all outstanding accounts are paid in full.

 Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by MGN Design remain the copyright of MGN Design and may only be commercially reproduced or resold with the permission of MGN Design.

 MGN Design 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.

 Any additions to the brief will be carried out at the discretion of MGN Design and where no charge is made by MGN Design for such additions, MGN Design accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

 The client agrees to make available as soon as is reasonably possible to MGN Design all materials required to complete the site to the agreed standard and within the set deadline.

MGN Design will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

 MGN Design 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

 MGN Design 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 clients appointed agents.

MGN Design 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.

 A deposit of 50% is required with any standard project before any design work will be carried out.

 Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will

result in legal action being taken if necessary.

 Database, Application and E-Commerce Development

 MGN Design cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

 Any scripts, applications or software (unless specifically agreed) written by MGN Design remain the copyright of MGN Design and may only be commercially reproduced or resold with the permission of MGN Design.

 Where applications or sites are developed on servers not recommended by MGN Design, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.

 The client is expected to test fully any application or programming relating to a site developed by MGN Design before being made generally available for use.

 Compatibility

MGN Design will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and 7 and to an acceptable level with Mozilla browsers. MGN Design can offer no guarantees of correct function with all browser software.

 Website Hosting

Whilst MGN Design recommends it’s own servers, MGN Design 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.

 Should the client choose to host their website themselves, a charge may be incurred transferring the site to your servers. It is the clients responsibility to manage the security of the site, install updates and security patches as an when they become available. If MGN Design's servers do not meet the guaranteed uptime of 99.93% and the Client wishes to move their website to another hosting company, MGN Design will waiver the transfer charge.

MGN Design 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.

 Payment of Accounts

A deposit is required from any new client before any work is carried out. It is MGN Design's policy that any outstanding accounts for work carried out by MGN Design's or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with MGN Design.

 Once a deposit is paid and work completed you are obliged to pay the balance of payment in full, however at the point of initial concept design, if MGN Design are unable to create an acceptable design in the scope of the initial brief, the agreement may be terminated, with a full refund of the initial deposit. Should this occur the material produced by Fisheye Digital to date for the client will remain the property of MGN Design.

 We will contact clients via email and telephone to remind them of such payments if they are not received when due.

 If accounts are not settled or MGN Design have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgements (ccj's) being added to the clients credit rating.

 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.

 Ownership of Website Material and Data

After final payment has been received, the ownership and website, all content and source code is the property of the client. MGN Design will on request supply the website, source code any supporting database and content on CD-ROM to the client, to do with as they feel fit. However the copyright of the source code remains the property of MGN Design and any other licensed third party, and may not be re sold or distributed by the client. This does not restrict the client from reselling the entire website, or from using sections of the original source code in other projects, but limits the reselling of individual sections of the source code to a third party.

In addition to that we are constantly working on improving the capabilities of our team and on our techniques to bring you even better quality products and services.