General Work Terms and Client Responsibilities & Liabilities
Client Responsibilities & Liabilities: The client assumes full responsibility for providing all site content, including text and multimedia, to Mob Design Pro before commencing the work.
The client is entirely responsible for creating a comprehensive backup of all content on their website before authorizing Mob Design Pro for the agreed-upon work. In any situation, Mob Design Pro will not be held responsible for any loss or damage to existing data.
The contract relieves Mob Design Pro of any responsibility for tasks related to data entry, web hosting, or custom artwork/graphics unless these tasks are explicitly mentioned, paid for, and mutually agreed upon by both parties. Any artwork, images, or text created or supplied by Mob Design Pro on behalf of the client will be considered the property of Mob Design Pro and/or its suppliers unless otherwise stipulated and agreed upon.
The contract exempts Mob Design Pro from any responsibility for duties related to data entry, web hosting, or custom artwork/graphics, unless these tasks are expressly specified, paid for, and mutually consented to by both parties. Any artwork, images, or text produced or provided by Mob Design Pro on behalf of the client will be deemed the property of Mob Design Pro and/or its suppliers unless otherwise explicitly stated and agreed upon.
Mob Design Pro will give the Client the opportunity to review the website's design and content during the design process and upon its completion. Mob Design Pro will await feedback from the client for a period of 7 days on the work and materials presented. If the client does not respond within this timeframe, the materials will be automatically considered accepted and approved by the Client.
The Client retains the copyright to the data, files, and graphic logos they provide and grants Mob Design Pro the rights to publish and utilize this material. It is the Client's responsibility to obtain the required permissions and rights for the use of any copyrighted information or files belonging to third parties. The Client must also grant Mob Design Pro the necessary permissions and rights to employ this material and agrees to indemnify and absolve Mob Design Pro from any claims that may arise as a result of the Client's negligence or failure to secure proper copyright permissions. The web design and/or placement contract is considered an assurance by the Client to Mob Design Pro that all essential permissions and authorizations have been obtained. Proof of these permissions and authorizations may be requested.
Mob Design Pro will not be responsible for any changes or modifications made to the Client's website by the Client or any third party after the website has been installed or deployed. These alterations can include additions, adjustments, or deletions, among other things. In the event that issues arise due to such alterations, Mob Design Pro may require a one-time web development charge to address and rectify these issues.
Payments
Mob Design Pro accepts payments via credit cards. It's important to be aware that we maintain the right to refuse payment through any of these methods without prior notice. Furthermore, we reserve the right to adjust our prices and discontinue specific payment methods at any time without prior notification. In the event of a customer's cancellation before our service is completed, a cancellation fee may be applied. This fee will be commensurate with the work that has been performed up to the point of cancellation. Failure to make payment for the cancellation fee and/or outstanding amounts may result in legal action if deemed necessary.
In our project, progression occurs through various stages, and we will commence the next stage upon receipt of the agreed-upon payments for the prior stage. Once our service is concluded, we will upload the website to the customer area of the server for your evaluation and approval. Following your approval, the website will be transferred to the destination server, where it will reside. It's important to note that Mob Design Pro reserves the right to postpone the website upload until we have received full payment for our services. All the code and materials developed throughout the project will be handed over to you after the project's completion and upon your final approval. Ownership of the code will be transferred to you once the final payments have been settled.
Support and 3rd-Party
Upon the launch of your website, we provide complimentary support for the initial month. Following this one-month period, we offer support packages tailored to your specific needs, with various pricing options. Opting for a higher-tier support package may also entitle you to attractive discounts. It's important to note that our support scope includes bug fixes and email support but excludes issues related to the website's architecture, rule changes, or add-ons/enhancements.
The client is entirely responsible for any 3rd-party support, products, or services used or integrated into the site, which may involve licensing, payment, copyright, etc. The client is required to independently arrange and secure such services or may request Mob Design Pro to do so on their behalf, with pre-payment for the associated expenses. It's crucial to understand that Mob Design Pro's fees do not cover any out-of-pocket costs or expense claims associated with third-party products or services.
Mob Design Pro does not provide assurances or warranties regarding the accuracy or performance of third-party products or services. Any warranties or guarantees for such third-party products or services should be sought directly from the respective providers.
Mob Design Pro does not include upgrades of third-party products or services within the project's scope. Any upgrades or updates to these third-party products or services will be treated separately and may require adjustments to the project's timeline and cost, as determined by Mob Design Pro.
Re-work, Enhancements/Add-ons and Billing
Any additional features or changes to the project scope not initially included will be assessed through a Change Management process and may incur additional fees. Changes to the project scope after the wireframe sign-off stage may result in additional costs and timeline adjustments. These modifications will be discussed and mutually agreed upon by both parties before implementation.
While we strive to accommodate most changes within the site's budget, some changes are categorized as enhancements or add-ons to the system and are subject to charges. We will inform you in advance of any such items before commencing work.
Requests for rework, changes, or tweaks by the client after approval and/or after progressing to the subsequent stages of the project process will be treated as additional work and may result in extra charges. These changes will be discussed and agreed upon before implementation.
The client is required to make payments to Mob Design Pro in full, without any deductions, discounts, or debt settlements, by the agreed-upon due dates.
Limitations of Liability
Mob Design Pro will exercise reasonable skill and care in delivering the Service. However, we do not make any representations and disclaim any warranties, whether express or implied, regarding the availability, quality, accuracy, timeliness, completeness, performance, or fitness of the Service.
Mob Design Pro hereby releases itself, its employees, and agents from any liability for loss or damage caused by inaccuracies, omissions, delays, or errors, whether resulting from negligence or other causes in the production of the website. We also disclaim liability for loss or damage to client-provided artwork, photos, data, or content intended for the site, regardless of whether the loss or damage occurs due to negligence or other factors.
Except in cases of death or personal injury resulting from our negligent acts or omissions, we shall not be held accountable for any damages, whether arising in contract, tort, or any other legal theory, connected to losses or damages arising from this Agreement or the operation of the Service. We will not be responsible for any direct, indirect, or consequential damages in contract or tort, including but not limited to loss of profit, loss or damage to property, or claims made by third parties.
Mob Design Pro cannot provide guarantees of service on behalf of third-party organizations, and we will not be held liable for any failures in services provided by third parties.
Approvals and Delivery
The project will consist of several stages, and work on the next stage will commence only after obtaining approval and the corresponding payments for the preceding stage, as per our agreement.
Upon the completion of the service, which includes website design and/or development, the website will initially be uploaded to the Customer area on Mob Design Pro's server for the Client's review and approval. Once approved by the Client, the website will be transferred to the destination server where it will be hosted. It's important to be aware that Mob Design Pro retains the right to delay the uploading of the website until full payment has been received.
All code and materials created throughout the project will be handed over to the client upon the project's completion and after obtaining all the required sign-offs. The ownership of the code will be transferred to the client once the final payments have been received.
Mob Design Pro reserves the right to showcase and employ the completed work and/or the deployed final product or website as references for potential clients. In situations where the client wishes to limit such publication, the client must notify Mob Design Pro in advance and seek appropriate approvals for these restrictions.
Timescale
Mob Design Pro will make every effort to complete all services within the agreed timescale. The timeline will start upon receipt of both the agreed deposit and all website content from the Customer.
Mob Design Pro may find it necessary to extend any project timescales because of circumstances that are beyond its control.
Miscellaneous
Mob Design Pro will not be held responsible for any loss or damage related to your use of our Services. If you are dissatisfied with our Website or Services, you can discontinue using or accessing our Website at any time. These terms and conditions are governed by state laws and constitute an agreement between you and Mob Design Pro. By accepting these terms, you agree that any legal action arising under the Terms of Use shall be heard in the appropriate court. We reserve the right to terminate any of the rights granted by these Terms of Use, and you must comply with any termination notice by ceasing to use our Website. We have no obligation to review any information, content, messages, or communication materials sent to or through the Website by users and assume no responsibility or liability related to such messages, information, or content.
Changes to Terms of Use
We retain the right to add, alter, amend, or remove any portion or the entirety of these Terms at any time, with or without prior notice to you. We recommend that you regularly review these Terms for any changes. Your ongoing use of our website or services indicates your acceptance of the updated Terms.
How To Contact Us
If you have any queries or feedback for our Website or Services, you can email us at: contact@mobdesignpro.com.