Mousetail Web Services Limited Terms and Conditions of Business
1. The contract between Mousetail Web Services Limited and the client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
2. The works to be carried out shall be as set out in the Mousetail Web Services Limited invoice which can be found attached to the confirmation order email.
Legalities, Copyright and Intellectual Property
3. Mousetail Web Services Limited shall expect the client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally. It is important that the website is not in any way illegal. Please ensure that any images or content you supply or use on your website, is legally available for you to use. We cannot be held responsible for the illegal use of images, content or format of material supplied by the client. Mousetail Services reserve the right to remove any website from its servers if it has reason to believe that it is operating illegally.
4. Where images used on the website have been purchased by Mousetail Web Services Limited on behalf of the client, these images are restricted by license for use on the website only and are limited to 15 images per project. Mousetail Web Services Limited are not liable for misuse of these images by the client or any other person’s copying, altering or distributing the images to individuals or other organisations.
5. Mousetail Web Services Limited makes no claims that the contents of this website may be lawfully viewed or downloaded outside England and Wales. Access to this website may not be legal by certain persons or in certain countries. If this website is accessed from outside of the United Kingdom, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction. The terms and conditions of this website are governed by the laws of England and Wales. Jurisdiction for any claims arising in respect of this website’s content shall lie exclusively with the courts of England. If any provision of these terms and conditions is found to be invalid by any Court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
6. Mousetail Web Services Limited cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by Mousetail Services .
Paying for your project
7. We charge for the design and development of websites at various stages. Before we start work, a 50% deposit of the total sum due is payable (the deposit). When the websites design is approved by you and the home page is completed, a further 25% is due (design payment). The final 25% is payable when the website is complete and ready to “go-live” (final payment) Your website will only be switched to “live” mode when it has been paid for, in full. The initial deposit payment is non-refundable after Mousetail Web Services Limited has committed resource or completed research and/or design work on the client's behalf.
8.Mousetail Web Services Limited will charge 1.9% fee for all payments made using a credit or debit card. This fee is charged due to the costs incurred by Mousetail Web Services Limited for receiving such payments by our service provider. If this is not acceptable to the client, we also accept BACS and cheques as alternative payment methods which will incur no payment fees. If paying by cheque, please understand that we will have to allow the cheque to clear the banking system before starting or continuing with your project.
9.Mousetail Web Services Limited own all design and code of the website until final payment has been received in full.
10.Email is our primary method of contact with regard to all communication for your websites design and development. We have website designers and developers working for us in various Nepal and UK. Email is obviously the most efficient and cost-effective form of contact. If you have any problems with the design or development of your website that your developer is unable to resolve by email, you can contact our telephone support service during UK office hours on 07703353468.
11. It is the client's responsibility to inform us of any change in email address so we always have valid contact details. We cannot be held liable in any way for problems relating to communication issues if we are not supplied with a valid email address.
12. It is important for the client to keep in contact with Mousetail Web Services Limited throughout the entire project. If a client does not make contact for more than 2 weeks, we will make up to 3 attempts to contact the client by email using the email address for the client held on file. If we do not receive a response to these attempts of contact the project may be terminated, and the deposit will not be refunded. If the client wishes to postpone the project for a period of longer than 2 weeks, please contact us .Otherwise the project may be archived. We reserve the right to levy 50 plus VAT administration fee if the client returns after an unapproved postponement period and wishes to continue work on their project.
13.Website Design and Development
13.a) Design is subjective, and for this reason we offer unlimited design revisions. This means that we will continue to work with you on your design concept until you are happy with our proposal. The unlimited design revision period ends when the client accepts the design proposal and home page draft. Design changes beyond this point are subject to additional charges.
13.b) Mousetail Web Services Limited will provide the client with an expected completion time frame for the project (live on the internet) if requested. Mousetail Services will provide a client access to its Project Cycle documentation to ensure a client is fully aware of the responsibilities they have to ensure a successful and timely development.
13.c) Open Source software (OSS) is publically available software that may be adapted or modified to suit particular applications. OSS may be used to help develop elements of the functionality of the client's website to speed development and add functionality. Where Open Source software is used, the ownership of the site coding and any customisations made by the developer is still passed to the client upon final payment.
14. Hosting and Search Engine Optimisation
14.a) Mousetail Web Services Limited will host the website if the client requires us to do so and on receipt of full payment of our hosting fees. In doing so, Mousetail Web Services Limited will provide a reliable and professional service to the client at all times, excluding unavoidable technical failures. All standard hosting offered by Mousetail Web Services Limited is limited to 500mb of website space unless otherwise stated in a separate contract.
14.b)Mousetail Web Services Limited hosting is annually renewable. The date of renewal will be 12 calendar months from the date the website was made live. Mousetail Services Limited will contact the client 6 weeks before the renewal date and hosting services are not obligated.
14.c)The hosting renewal charge must be received within 10 days of the hosting expiry date. We reserve the right to deactivate any website when the hosting has expired and the client has not paid the renewal charge. We reserve the right to charge an administration fee of £50 plus VAT for reactivating the website/hosting.
14.d)If the client does not use Mousetail Web Services Limited hosting services, then the management and hosting of the domain name are the full responsibility of the client.
14.e)If the client does not wish to renew the hosting the site files and associated data can be made available to the client fee free on request and the domain name can be transferred to the client's registrar account. Should the client instruct us to upload and configure the site and domain name to a third party server this work will be subject to charge.
14.f)Mousetail Web Services Limited do not take any responsibility for a client's website rank on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a client's website, there could be a change in the websites search engine ranking.
Domain Names and Links
15. If required, a domain name will be registered by Mousetail WebServices Limited on behalf of the client once we have received payment in full. Although the domain names are registered to us, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, we will do this within a reasonable timeframe.
16. Mousetail Web Services Limited provides links or references to our client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended client site at all times.
17. We place a small text link on the footer of our client's website that simply states the website was designed by Mousetail Web Services Limited and links to our company website. This link can be removed, if required.
You agree not to disclose Mousetail Confidential Information without our prior written consent. "Mousetail Confidential Information" includes: (a) Website design and services; (b) domain registration and hosting; (c) logo and photo design (d) any other information made available by mousetail that is marked confidential or would normally be considered confidential under the circumstances in which it is presented. Mousetail Confidential Information does not include information that you already knew prior to your use of the Services, that becomes public through no fault of yours, that was independently developed by you, or that was lawfully given to you by a third party.
20.a)You may terminate the Agreement at any time by giving written information. The Agreement will be considered terminated within 10 business days of Moustail's receipt of your notice. If you terminate the Agreement and your you have due of mousetail, you have to clear the amount.
b)Mousetail may at any time terminate the Agreement, or suspend or terminate the participation of any Property in the Services for any reason. If we terminate the Agreement due to your breach or due to invalid activity, we may withhold unpaid amounts or charge back your account. If you breach the Agreement or Mousetail suspends or terminates your Account, you (i) will not be allowed to create a new Account, and (ii) may not be permitted to monetize content on other Mousetail's products.
c) Mousetail Web Services Limited do not store data for long time and won't supply at the time of customer leaving. We only transfer domain name providing domain auth key.Customer is responsible for data store and copying of the information and data transfer from existing web site which we built to the new intended website. We won't allow to our design continue hosting.We reserve the right to our design and data which we have collected, created and written.
(*) Mousetail Web Services Limited will not tolerate any form of harassment against it's employees from customers or third parties and we reserve the right to cancel a contract without refund in the event of unreasonable or inappropriate conduct. This includes threatening behaviour and abuse directed towards our employees thereafter any further communication must be via postal mail only.