Web Development and Design Terms of Agreement
1. Authorisation
The Client confirms that they are engaging with MGT Design for the purposes of designing/developing a web site in accordance with their instructions and brief. These Terms of Agreement will be accepted by the Client once the initial deposit has been paid to MGT Design ltd.
2. Completion
MGT Design confirms that the project will be completed within the agreed deadline of them being in receipt of all the necessary materials and approvals. This time schedule is dependent upon the agreed construction start date and upon the client working closely with MGT Design. MGT Design cannot be responsible for any delays caused by lack of materials or insufficiently explicit instructions or by any delay from a third party source. The initial wireframe design will be sent for approval before we start development. The work will be developed using a testing method such as online web folder or testing site for Apps, we will provide you with a link to view the progress. Any additional work added to the product will not be given a guaranteed time as Research and Development will void the original agreed deadline date.
3. Copyright/Trademark
It is a condition of this agreement that the Client unreservedly guarantees that any material including photographs, graphic designs, wording, trademarks or any other art work supplied to MGT Design to be included in the client’s web site are either owned by the Client or the Client has suitable authority from the original owner to use any such items. The client agrees to indemnify MGT Design or their sub-contractors from any liability that may arise from the use of any items supplied by the client.
4. WebDesign/Copyright
Copyright to the design will be retained by MGT Design but upon payment in full, as outlined elsewhere in this agreement, MGT Design will provide the Client with a licence to use for an unlimited period but only in relation to the web site itself. The Client will not be allowed to use elements of the web site in any other form of media, advertising or marketing or in any other way without the express written permission of MGT Design which will not reasonably be withheld.
5. DesignCredit
The Client agrees that there will be a credit on their web site indicating that it was designed by MGT Design. Furthermore, the client agrees that MGT Design may include the Client’s web site within their advertising portfolio.
6. Source Code
MGT Design do not release the source code from any projects they design and develop until an additional financial agreement has been made.
7. Hosting
Hosting is available with MGT Design and the charge for this is £275 + VAT per year. 12 months subscription.
8. Charges
All charges made by MGT Design to the Client will be in accordance with a separate scale of charges for the design and development of the site that shall be in the client’s possession and acknowledged by the client before signing this agreement and will form an addendum to this agreement.
9. Maintenance
All future maintenance of the Client’s web site / mobile app will be subject to agreed charges that will be provided to the client before any work commences.
10. Training
Training is available for all website CMS and Mobile App CMS.
11.Payment Schedule
The total agreed fee (plus VAT) will be invoiced in two instalments, this is negotiable on larger scale projects. The client upon signing the agreement agrees to pay an initial deposit equal to 50% + VAT. The balance of 50% will be invoiced when the project has been completed and will be payable within 14 days. The balance is based on the work listed on invoice. If at any time the Client fails to respond to requests for materials or any other related information for a period exceeding 30 days then the contract will be invalid, any deposit paid will become non-refundable and there may be a charge for any work already carried out where the cost exceeds the initial deposit paid.
12. Non-Disclosure
MGT Design, its employees or sub-contractors agree that at no time prior, during or after this agreement will they disclose any information to any party whatsoever that is of a confidential nature. Similarly the Client agrees that they in turn will not pass any confidential information that has been obtained from MGT Design to any other party.
The above agreement is a contractual arrangement and represents the entire understanding of both parties. Any amendments to this agreement must be produced in writing and signed by both parties.
