M Blue Web Design
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Terms of Use
1. The Client : The company or individual requesting the services of Mlbue Ltd
Mlbue Ltd: Primary designer/site owner & employees or affiliates.
2. The contract between Mlbue Ltd 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.
3. The works to be carried out shall be as set out in the Mlbue Ltd confirmation order. Confirmation order email, agreed written specification and invoice all are part of overall terms and conditions.
4. On all projects under the total value of £2000 Mlbue Ltd will only commence work on a project after full payment of the quoted project fee from the client has been received. On projects over £2000 Mlbue Ltd will only commence work on design after 50% payment has been made of the quoted project fee from the client, once design has been confirmed a further 50% has to be made for programming to commence and the website to be completed.
5. The client agrees to make available as soon as is reasonably possible to Mlbue Ltd all materials required to complete the site to the agreed standard and within the set deadline.
6. It is important that the website is not in anyway illegal. Mlbue Ltd 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 within UK law.
7. Mlbue Ltd 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.
8. Mlbue Ltd reserve the right to decide whether a refund is applicable if requested by the client for any reason. A refund is not guaranteed by Mlbue Ltd.
9. Mlbue Ltd makes every effort to design pages which display acceptably in the most popular current browsers, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
10. Mlbue Ltd cannot be held responsible for problems or additional costs arising due to any errors made by third parties, or failure to maintain a current copy of your own website.
11. Images purchased by Mlbue Ltd on behalf of the client are strictly for use on the website only. Mlbue Ltd 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.
12. Mlbue Ltd will host the website on receipt of full payment of our hosting fees. In doing so we will endeavour to provide a reliable and professional service to the client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. If client is offered hosting with any package this is offered free of charge, no charge has been added to your web design order. If clients are misbehaving including abusive emails and telephone calls, or requesting functionality which we do not offer Mlbue Ltd has the right to not host a site, or terminate hosting without giving notice. Where clients wish to use hosting of their preference other than Mlbue Ltd´s hosting this is possible at the discretion of Mlbue Ltd after payment of a fee to be determined at the time. All websites are configured to work on our server. Any clients wishing to use other servers will be responsible for having it configured so that it can be used on server of their choice. Mlbue Ltd accepts no responsibility for the configuration and any costs incurred by client.
13. Mlbue Ltd cannot be held responsible for anything adversely affecting the client's business operation, sales, or profitability that they might claim is a result of a service offered by Mlbue Ltd.
14 Where we have been asked to provide search engine optimisation for a client, we do not guarantee any specific placement or high ranking on search engines.
15. Mlbue Ltd will provide the client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date. Mlbue Ltd will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
16. Mlbue Ltd 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.
17. Mlbue Ltd 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.
18. Any scripts, cgi applications or software (unless specifically agreed) written by Mlbue Ltd remain the copyright of Mlbue Ltd and may only be commercially reproduced or resold with the permission of Mlbue Ltd.
19. It is the clients responsibility to check with Mlbue Ltd that open source software is being used or not.
20. Search Engine Optimisation does not include Search Engine Registration unless otherwise agreed by Mlbue Ltd, and paid for, if necessary, by the client. (Mlbue Ltd currently uses free registration services from Google, Yahoo, ExactSeek, EntireWeb, SearchHippo, ScrubTheWeb & WhatUSeek; results have also been gained, but cannot be guaranteed, within MSN, AltaVista & AOL.
21. Where applications or sites are developed on servers not recommended by Mlbue Ltd, 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.
22. The client is expected to test fully any application or programming relating to a site developed by Mlbue Ltd before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Mlbue Ltd will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
23. We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Mlbue Ltd or our client.
24. Mlbue Ltd own all designs and codes of the website unless open source software is used. On the full final payment the website will be passed to the client. The source codes can be passed at the complete discretion of Mlbue Ltd.
25. There is an immediate cessation of all current and future warranties where a client has requested from us anything that results in passing the control of a website from Mlbue Ltd to the client.This results in Mlbue Ltd losing control of the website and changes could be made by the client or their agents. Loss of control by Mlbue Ltd can take place if FTP codes and or source codes have been passed to the client. This loss of control can occur in other situations such as where the client has requested placing the website onto a sever of their choice and not Mlbue Ltd´s server. Under any of these circumstance(s) which results in loss of control by Mlbue Ltd then there shall be absolutely no future warranty and this also revokes all undertakings of past warranties.
26. All images displayed on the client's website will only be used after authorisation by the client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the client OR Mlbue Ltd, they will be the sole responsibility of the client.
27. Domain names will be registered by Mlbue Ltd and also registered to the Mlbue Ltd current address. Although the domain names are registered to Mlbue Ltd, the client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Mlbue Ltd will do this within reasonable time.
28. It is the responsibility of the client to renew their domain names when due. If a domain name expires. Mlbue Ltd can not be held liable for this. However, Mlbue Ltd will make reasonable effort to contact the client regarding domain renewal.
29 When a client renews hosting with Mlbue Ltd, this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the hosting package. If the client does not renew the hosting, their domain name could be made available to the public for purchase and Mlbue Ltd can not be held liable for this.
30. Whilst Mlbue Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Mlbue Ltd 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.
31. The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by Mlbue Ltd for reactivating the website / hosting.
32. If the client does not use Mlbue Ltd hosting services then the management and hosting of the domain name are the full responsibility of the client.
33. Renewal of hosting is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the client. The hosting will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
34.

Mlbue Ltd has no control of, or responsibility for, the content of our client's web sites. In no way does the textual or image based content of our client's web sites constitute Mlbue Ltd endorsement, or approval of the web site or the material contained within the web site. Mlbue Ltd has not verified any of the materials, images or information contained within our client's web sites and is not responsible for the content or performance of these sites or for the client's transactions with them. Mlbue Ltd 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 we do not guarantee or warrant that such links will point to the intended client site at all times. The client accepts that at the sole discretion of Mlbue Ltd any part of content including images may not be accepted for use on the website such as offensive, nude, pornographic etc.

35. If a domain name is purchased by the client through a company other than Mlbue Ltd, the client has full responsibility in making sure that the domain name is renewed when due. Mlbue Ltd will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Mlbue Ltd.
36. The client must supply all information requested in writing by Mlbue Ltd within two months from the date of this request. If the client fails to supply this information in writing then the website project can be terminated by Mlbue Ltd and all monies paid may not be refunded. If content is not received within stipulated time by Mlbue Ltd the quote given to the client can be increased or the project cancelled at the discretion of Mlbue Ltd.
37. Mlbue Ltd are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The client is solely responsible for any information or files relating to their website.
 
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