Development, upload and specifications of website

Clearmoon agrees to develop the website according to the terms listed.

Timescale for Delivery of website

Delivery depends on receipt by Clearmoon of due payment and all requested instructions, including *content and material from the client, in the agreed format, if content is delivered in non-digital format this will incur additional expense to the client. *n/a where content is added by client.

Ownership Rights

Client shall retain all of its intellectual property rights to text, images or other components it owns and transmits to Clearmoon for use in the website. Clearmoon shall hold all right, title, and interest in and to the source code, source and object computer code, programming, original artwork, graphics and images provided by the Developer or created for the project, except the source code for the CMS (Joomla or Wordpress) which is open source.

Payment

Payment for website packages is due with order, unless otherwise agreed.

If it is agreed that payments are staged a minimum non-refundable deposit of 50% is due with order. The remainder is due prior to publication of your website. In the event that the client fails to make due payment Clearmoon has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove content from servers owned by Developer, (3) bring legal action.

Any payment returned by the bank or credit card company will incur a £45 administration charge, work on websites under construction will cease until payment is made good, completed sites will be suspended until payment is made good. Any failure in staged payments will result in the full balance falling due within 30 days.

Monthly Hosting Fees

Monthly hosting fees are paid by PayPal subscription. Clients will be contacted by email to set up the subscription after the website package order has been received. It is the Client's responsibility to ensure contact details are kept up to date. If the subscription is cancelled by the client the website will be removed from the server.  PayPal subscriptions can be cancelled by the client at any time by logging into your PayPal account and cancelling the subscription.

Annual Hosting Fees

Annual hosting fees shall fall due 365 days after your website is uploaded to the Internet. Clients will be contacted by email prior to due payment date. It is the Client's responsibility to ensure contact details are kept up to date. If payment is not received within 7 days of the due date Clients site may be suspended until payment is received. If a site has to be republished due to late payment an £45  administration charge will be applied.

Server Security

Client is responsible for the maintenance and updating of scripts used in their website and hosting space.  Failure to maintain scripts and thereby compromise the security of the hosting server will result in suspension and or removal of the site.

Limited Warranty and Limitation on Damages

Client acknowledges that Clearmoon does not warrant that the Website will work on all platforms. Client acknowledges that Clearmoon is not responsible for the results obtained by Client on the website. Client waives any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) is the return of the consideration paid.

General Provisions

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Great Britain

Good Faith

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

Ownership of Photographs and or Graphics

Developer may use some of her own photographs or graphics for the website. Clearmoon maintains ownership of the photographs/graphics, and only grants Client a non-exclusive right to use those photographs/graphics, and only on Client’s website.

Right to Remove Website

In the event Client fails to make payments Clearmoon has the right to remove the website until payment in full is paid, plus accrued late charges of 5% per month, or if the website security compromises the hosting server. If the hosting subscription is cancelled the website will be removed from the server and can only be reinstated once a new setup fee has been paid.  Re-uploading the content in these circumstances is the sole responsibility of the client.

Content Backup

It is the responsibility of the client to keep a copy of all website content (text, photographs, images etc) offline, re-uploading the content is the sole responsibility of the client and you are strongly advised to make regular backups of your website content.

Termination of Contract

Clearmoon retains the right to refuse to supply any or all of its services, and in exceptional circumstance to terminate a contract.  If it becomes necessary to terminate a contract Clearmoon may, at its discretion, refund all or part of any payments made after third party and administrative fees have been deducted.

Indemnification

Client warrants that everything it gives Clearmoon to put on the website is legally owned or licensed to Client. Client agrees to indemnify Clearmoon from responsibility for problems/disruptions caused by server downtime. Clearmoon does not guarantee 100% server uptime, but does endeavour to remedy problems as rapidly as possible.

Client agrees to indemnify Clearmoon from responsibility for problems/disruptions caused by Client or third-party uploading or downloading content, graphics, text, or code, or making changes to the Website. In the event of problems occurring with the website under these aforementioned conditions, Clearmoon does not warrant that correction or restoration of Website is always possible and if Clearmoon is required to attempt to restore website additional fees will be charged.

Use of Website for Promotional Purposes

Client grants Clearmoon the right to use the website for promotional purposes.

No Responsibility for Theft

Clearmoon has no responsibility for any third-party taking all or any part of the website.

Right to Make Derivative Works

Clearmoon has the exclusive rights in making derivative works of the website, the layout, coding, design and graphics, and only grants Client a non-exclusive right to the design, layout, coding and or graphics.

Identification of Developer

Client agrees that Clearmoon’s identification and depiction may be annotated within the code or discreetly on the website, and that Clearmoon may identify itself as the author. Client also agrees to retain Clearmoon’s copyright notices on the website and the relevant content therein.

Domain Names

Clearmoon may purchase a domain name for use with your website.  Domain names purchased by Clearmoon are usually purchased in Client's name.   Any Nominet fees in respect of transfer or re-registering the domain name at the end of the contract are the responsibility of the Client once the domain name management has been transferred from Clearmoon to Client.

Other Services

Search engine optimisation, website updates, CMS (Joomla/Wordpress) updates and general business advice services are not included in website package prices, clients requiring these additional services should contact Clearmoon for quotations.

Acceptance of Conditions

The placing of an order confirms acceptance of these Terms and Conditions.

Severability

In the event any one or more of the provisions of this Agreement and/or Terms and Conditions shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Terms and Conditions shall be unimpaired and the Agreement and/or Terms and Conditions 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, illegal or unenforceable provision.

These Terms and Conditions may be amended from time to time and it is the responsibility of Clearmoon Clients and Customers to keep themselves informed via this page. Prices are also subject to change, current prices are displayed on this site.

Clearmoon

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