Moorland IT Solutions Terms & Development Process
The following list is a summary of our system development process.
The responsibilities of both the Client and Moorland IT Solutions
during this process are outlined to enable the client to understand
our working process.
• Initial Client Enquiry: The client contacts
Moorland IT Solutions regarding the project.
• Agree Requirements & Specification:
An onsite or telephone meeting is held with the client to discuss
the clients requirements and the proposed system specification.
• Estimate Provided: Moorland IT Solutions
provides an estimate of the costs for the design and development of
• Time Scale Agreement: The Client and Moorland
IT Solutions agree on an estimated time scale for completion of the
system. The client must provide all information and materials required
to complete the system when requested to do so by Moorland IT Solutions.
• Approval for Work to Commence: The client
accepts the estimate, approves the work and may be invoiced for 30%
of the estimated costs.
• Client Provides Material: The client will
provide all agreed written material, information and images within
the agreed timescale.
• Work Commences: Upon receipt of payment
of the initial invoice Moorland IT Solutions will commence work on
the project and upload the developing site to a temporary space on
the Internet. This will allow the client to view and approve the on-going
work and to provide feedback.
• Completion: When the client agrees that
the site meets the requirements an invoice for the final amount will
be issued. If the client has failed to provide the information required
to complete the site within the agreed time scale the invoice for
the full amount will still be payable. Upon settlement of this invoice
the site will be released for upload to the client’s server
or permanent web space.
• On-going Maintenance: Any regular maintenance
or search engine promotion activity is then agreed.
Terms & Conditions
1.2 The “Buyer” means the person, firm, company,
organisation or individual with whom the Contract is made.
1.3 The “Seller” means Moorland IT Solutions its assignees
and successors in title.
1.4 The “Contract” means the Contract between the “Seller”
and the “Buyer” for the sale of the “Services”
of which these terms and conditions are part. All written / oral statements
and representations are superseded by “The Contract”, unless
inclusions or exclusions of terms contained herein are specifically
varied by the “Seller” in writing.
1.5 “Services” means Web Site Development, Web Hosting,
E-mail Account provision, Internet Connection Accounts, Database/Software
Application Development, installation, configuration, training and
support of all systems and all other related activities provided by
the “Seller” to the “Buyer”.
1.6 “System” refers to web site designs, programming code,
databases, software applications, data, computer files, electronic
media, hardware and all other materials and their copies or backups
or otherwise used or created in the course of the “Seller”
providing the “Services” to the “Buyer”
2. Acceptance of Order and expiry date
2.1 The “Buyer” by placing an order for the “Services”,
confirms, their acceptance of “The Contract” and agrees
to be bound by the “Contract”.
2.2 No binding Contract shall be created by the acceptance on the
part of the “Buyer” of a quotation or offer made by the
“Seller” until notice of the acceptance of the order in
writing shall have been given by the “Seller”.
2.3 The “Seller” reserves the right to accept or reject
any order offered by the “Buyer”.
3. The Contract and its acceptance
3.1 The “Seller” is entitled to update “Contract”
and the “Buyer” by placing an order for the “Services”
agrees to be bound by any “Contract” revisions after their
implementation date. The “Seller” commits to communicate
such changes 7 days prior to implementation. The “Buyer”
is responsible for reviewing regularly the terms, which are shown
here online at: www.moorlanditsolutions.co.uk/terms
3.2 The “Contract” shall always prevail In the event of
conflicts between the “Contract” and any other document.
3.3 The “Seller” reserves the right to revise its terms,
conditions and charges at any time and without prior notice.
4.1 Prior to commencement of “Services” the “Seller”
may request a signed hardcopy order from the “Buyer” and
a deposit of 30% of the total estimated project costs (inc VAT).
5.1 All quotes and estimates provided by the “Seller”
to the “Buyer” are valid for a period of 90 days from
the date of issue.
5.2 All price for “Services” are quoted by the “Seller”
are based on the project content or specification agreed at time of
order between the “Buyer” and “Seller”.
5.3 After receipt of the “Buyers” signed purchase order,
the “Seller” reserves the right to revise the original quotation
where alterations to content or specifications are made by the “Buyer”
and not covered by the “Buyers” original signed purchase
6. “Services” Title
6.1 While the “Buyer’s” “System” is
in development by the “Seller”, the “Seller” may
occasionally make available some or all of the work in progress.
6.2 The “Buyer” agrees to use this facility for review purposes
only. All “Services” and “Systems” or otherwise,
supplied or generated by the “Seller” remain the “Sellers”
copyright until the final “Sellers” invoices have been paid
in full by the “Buyer”.
6.3 On completion of the “Buyer’s” “System”,
the “Buyer” will be required by the “Seller” to
sign and return a project completion approval form.
6.4 On receipt of full payment of final invoices the “Systems”
title and ownership will transfer to the “Buyer” unless
the “Seller” has explicitly stated in writing that title
and ownership will be retained by the “Seller” permanently
and the “Buyer” accepted this rentention of title and
ownership in the original order.
7.1 The “Seller” reserves copyright on all “Systems”
and forbids the “Buyer” to pass such “Systems”
to a third party or associated business without first seeking the
“Sellers” permission and agreement.
7.2 Any third party copyright materials used by the “Seller”
on behalf of the “Buyer” cannot be used by the “Buyer”
without first seeking the third parties permission or agreement.
7.3 If the “Buyer” supplies the “Seller” with
text, photography, artwork, animation’s, brochures, information or
material or content of any kind, the “Seller” will not at
any time be responsible whatsoever in regard to copyright, errors
or omission’s faults or subsequent damages. This also includes that
supplied by software, discs or electronic transfers if supplied by
the “Buyer” to the “Seller” for publishing to
the Internet. All materials and content provided should be supplied
in an understandable legible and useable format to enable the “Seller”
to provide the “Service” to the “Buyer”. The
“Seller” reserves the right to request the materials or
content be resupplied in an understandable, legible format.
7.4 The “Buyer” must indemnify the “Seller” against
third parties suffering subsequent faults and damages caused to hardware,
software programs, or such damages as loss of production and earnings,
due to materials supplied by the “Buyer” for use by the
7.5 The “Seller” will not be held responsible for establishing
‘Rights of Usage’ on any materials supplied by the “Buyer”.
8.1 On receipt of the Buyer’s signed purchase order and 30%
deposit if requested, the project is deemed started. After this point
cancellation by the “Buyer”, would result in the “Buyer’s”
30% deposit becoming non-refundable.
8.2 On receipt of cancellation where the “Buyer” has paid
the “Seller” a 30% Deposit, If it is deemed by the “Seller”
that more then 30% of the project has been completed, the “Buyer”
agrees to pay the “Seller” the difference between the deposit
and the completed work.
83 On receipt of cancellation where the “Buyer” had not
paid the “Seller” a 30% Deposit the “Buyer”
agrees to pay the “Seller” the proportion of the “System’s”
quoted price as deemed completed by the “Seller”.
9. Alterations and Maintenance
9.1 On receipt of the approval form from the “Buyer”,
the “Seller” commits to make adjustments free of charge
for the first half hour of consultation. After which, changes, updates
and additions, unless costed on a project by project basis, will be
charged at standard hourly rates.
9.2 The “Seller” will correct all errors notified to the
“Seller” in writing within 30 days of the “Buyer”
beginning to use the “System”. If errors are reported
after more than 30 days the “Seller” reserves the right
to apply a discretionary charge before implementing any necessary
fix. Modifications, extensions or enhancements will be implemented
as necessary upon agreement of the work required and charged for at
the standard hourly rates.
9.3 The “Seller” reserves the right to change the specification
of the “Services” or “Systems” should the
“Seller” deem it necessary in order to resolve technical
difficulties which may prevent completion of the project. Should the
“Service” or “System” need to be scaled down
or have a lower specification than originally agreed the “Seller”
may make a reduction in the quoted price at the “Seller’s”
10.1 The “Seller” reserves the right to cease providing
“Services” and “Systems” or remove the “Buyer’s”
web site from view, if at such time there is dispute or delay over
an agreed payment.
10.2 Before commencement of any “Services” the “Seller”
may request in their possession from the “Buyer” 30% of
all “Services” and associated “System” costs.
10.3 Before the “Buyer’s” completed Website can be published
to the Internet the “Seller” will require from the “Buyer”
the receipt of the remaining 70% of all “Service”, “System”
and associated costs.
10.4 If a “Service” or “System” project is delayed
by the “Buyer” four weeks beyond the agreed project lead-time
and if agreed that more than 50% of the project has been completed,
a further 25% of the overall project cost (inc. VAT) will be due for
payment immediately by the “Buyer” on submission of the
10.5 Invoices for “Services” and “Systems” are
due for payment within 14 days from issue.
10.6 Interest shall be payable by the “Buyer” to the “Seller”
on overdue accounts at the rate of 4% over Bank of England base rate
to run from the due date for payment thereof until receipt by the
“Seller” of the full amount whether before or after judgement.
11. Domain Name Registration
11.1 The “Seller” supplies and offers Domain Name
Registration in all good faith and advises the “Buyer” that
the “Seller” will not be held responsible for any claims,
damages, penalties and expenses arising from any third party allegations
that the registered Domain Name infringes any rights owned by such
12.1 It is the responsibility of the “Buyer”
to be familiar with the relevant data protection and privacy laws
and recognises that the “Seller” has no control or influence
over e-mail content processed by the any ISP Service. The “Buyer”
shall hold the “Seller” harmless from and indemnify the
“Seller” against any claims by any party relating thereto.
12.2 The “Seller” shall be under no liability for any loss
or damage (whether direct, indirect, incidental or consequential)
howsoever arising, which may be suffered by the “Buyer”
in relation to “Services” and “Systems” beyond
the equivalent of one months charge to the “Buyer”.
12.3 Nothing in this Contract shall affect the liability of the “Seller”
for death or personal injury caused by its negligence.
12.4 If any exclusion, disclaimer or other provision contained in
this “Contract” is held to be invalid for any reason by
a court of competent jurisdiction and the “Seller” becomes
liable thereby for loss or damage that may lawfully be limited, such
liability whether in contract, tort (including negligence) or otherwise,
will not exceed the total charges paid by the Buyer in the 12 months
preceding such liability arising.
12.5 The “Seller” shall not be liable in any way whatsoever
Any damage of any kind (direct, indirect, consequential, incidental
or punitive) which results from the use of, access to or inability
to use the information contained in any “System” which
it has designed.
Any errors or omissions in the contents of any “System”
which it has designed
Any damages to or viruses that may infect the “Buyer’s”
or any third party’s computer equipment, software, data or
other property which result from a the “Buyer’s”
or third party’s access to or use of any “System”
designed by the “Seller”.
Any damages which result from the downloading of material, data,
text, images, video or audio from any web site designed by the “Seller”.
Any content in any web site linked to a site designed by the “Seller”
and any resulting damages from a site visitor’s access to
any such linked site – site visitors link to any other such
sites at their own risk
The “Seller” makes no warranties of any kind, expressed
or implied for the “Services” or “Systems”
The “Seller” disclaims any warranty or merchantability
or fitness for a particular purpose. Without limiting the foregoing,
the “Seller” shall not be liable for loss of data resulting
from delays, non delivery, wrong delivery, or any and all service
interruptions caused directly or indirectly by the “Seller”.
The “Buyer” agrees that the “Buyer” is
solely responsible for complying with any laws, taxes, and tariffs
applicable in any way to the Project or any other services contemplated
herein, and will hold harmless, protect, and defend the “Seller”
and its Sub-Contractors from any claim, suit, penalty, tax, fine,
or tariff arising from the “Buyer’s” exercise
of access to or use of the “System” and/or any failure
to comply with any such laws, taxes, and tariffs.
13. Confidentiality and Security
13.1 The “Seller” will use every reasonable endeavour
to maintain confidentiality on information, materials and content
so received from the “Buyer”.
13.2 The “Buyer” must ensure that suitable arrangements
are in place to maximise security levels with regard to financial
and personal information relating to the users of the “System”.
This may necessitate the use of secure electronic protocols, authentication
certificates, encryption etc. and may require the provision of secure
server facilities and an acceptable ISP host and/or the use of a credit
card clearing service such as Netbanx, Worldpay, EPDQ etc.
13.3 The “Buyer” is responsible for ensuring that all
necessary procedures and technologies are in place to ensure that
all computer files and data relating to the “System” are
backed up at regular intervals and the “Seller” disclaims
any liabilities for data loss if such procedures are not adhered to.
14. Web Site Popularity and Search Engine Submission
14.1 Should the “Seller” agree to submit the
“Buyer’s” web site to the agreed Search Engines the “Seller”
will not be held responsible for poor ranking or non appearance.
14.2 The “Seller” cannot and will not guarantee that any
“Services”, web site or related “System” will
receive the number of visitors or hits that the “Buyer”
expects and furthermore the “Seller” makes no guarantee
that the “Buyer’s” “System” or web site
will be commercially viable for the “Buyer”.
16.1 The “Buyer” agrees to allow the “Seller”
to include a small and discreet advertisement in all “Systems”.
17.1 Any notice required to be given to the “Services”
shall be in writing and shall be delivered by prepaid first class
post to the address of the relevant party set out in the “Buyer’s”
order details for the “Buyer”.
17.2 Failure or delay by the “Seller” in enforcing any term
of the “Contract” shall not be construed as a waiver of
any of its rights under it.
17.3 The illegality, invalidity or unenforceability of any part of
this Agreement will not affect the legality, validity or enforceability
of the remainder.
17.4 The “Seller’s” development standards are kept
under continuous review, and new software technologies and techniques
are regularly adopted in order to keep “Services” and
“Systems” in line with current technologies. Due to the
many diversities of the Internet,the “Seller” adopts the
policy of developing applications that fit the widest user-base, and
most highly regarded operating platforms. The “Seller”
retains the right to vary or update any design standard at any time.
The “Buyer” undertakes to inform us prior to commencement
of Project if there is a critical requirement to meet specific performance
17.5 If required the “Seller” reserves the right and the
“Buyer” hereby agrees to allow the use of sub-contractors
or agents to Project to work on any aspect.
17.6 Notwithstanding anything to the contrary contained in the “Contract”,
the “Seller” does not guarantee or warrant that the functions
and content of the “System” will be uninterrupted or error-free.
17.7 Whilst the “Seller” agrees to perform all reasonable
actions to make the “System” a success the entire risk
as to the quality and performance of the “System” is with
17.8 The “Seller” reserves the right to suspend or cancel
any “Services” or “Systems” and terminate
the “Services” or “Systems” and/or any agreement
immediately, without refund, if you are found to be in breach of the
“Seller’s” Acceptable Usage Policy.
17.5 This Contract shall be construed in all aspects as an English
contract and in conformity with the English Law.