HSMoore: Primary designer/developer/site owner & employees or affiliates.
The Client: The company or individual requesting the services of HSMoore Ltd.
HSMoore will carry out work only where an agreement is provided either by email or telephone. HSMoore will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between HSMoore and The Client, this includes telephone and/or email agreements.
We do not share or sell any of your details with third party companies without your express permission and we will only email you or contact you about work related matters unless otherwise stipulated.
Governing Law And Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Price and Payment
Payment is currently accepted via bank transfer only. It is HSMoore‘s policy that any outstanding accounts for work carried out by HSMoore or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with HSMoore. HSMoore will contact The Client via email and telephone to remind them of such payments if they are not received when due. A late payment fee of £150 will apply if full cleared funds are not received within this time period (14 days).
In circumstances where the official launch of a website has been delayed by The Client for reasons beyond control of HSMoore, the remaining balance will be settled in full no later than 90 days after the start of the project unless agreed otherwise in writing. This is on the assumption that satisfactory review of the project has been conducted and there are no doubts regarding HSMoore’s capability to meet the meet the obligations of the project.
Non payment will result in legal action being taken if necessary.
If for any reason an account remains unsettled at the end of 90 day period from the commencement of a project, HSMoore reserves the right to charge The Client a further 5% of the remaining balance in accordance with our payment terms.
If accounts are not settled in accordance with HSMoore’s payment terms, HSMoore reserve the right to withdraw any extra services such as online marketing or extended support that may have been offered to The Client at the start of the project and/or withdraw the completed work from any type of live environment such as a public facing website. We also reserve the right to pass such cases to the Small Claims Court to pursue payment; non payment can result in county court judgements (ccj’s) being added to The Client’s credit rating.
All prices exclude UK VAT and will be charged at 20% in addition to the total cost.
All quotations given by HSMoore will be valid for 28 days from the date of quotation.
If The Client’s final order changes from the original specification made for the quotation, HSMoore reserves the right to vary the quotation.
Deadlines and Completion Times
Deadlines and completion times which are quoted in the pricing plan and/or website are normal target times only and HSMoore accepts no liability for failure to meet these times, but will use its best endeavours to do so.
When exceeding the chosen package all additional work will be charged at the fixed hourly rate indicated on our most recent pricing structure.
Same packages may not be used multiple times to gain larger discounts on the same project.
HSMoore will not be liable for any loss or damage to The Client or any other party including loss of income.
It is The Client’s responsibility to insure against such loss and damage.
HSMoore will not be liable for failing to complete any contract HSMoore and The Client due to circumstances beyond HSMoore control including loss of power supply, machine breakdown, loss of materials, fire, storm, flood, act of god, war, civil disturbance or terrorism.
HSMoore 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.
The Client is expected to test fully any application or programming relating to a site developed by HSMoore before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, HSMoore will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
HSMoore cannot take responsibility for any copyright infringements caused by materials submitted by The Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Any additions to briefs provided will be carried out at the discretion of HSMoore and where no charge is made by HSMoore for such additions, HSMoore accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
HSMoore will not be liable or become involved in any disputes between the site owner and their client’s and cannot be held responsible for any wrong-doing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.
HSMoore 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 Client’s appointed agents.
HSMoore will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the latest web browsing software and to an acceptable level with slightly older browsers. HSMoore can offer no guarantees of correct function with all browser software.
Anyone who experiences a problem with their web service provided by HSMoore should raise the matter directly by email to [email protected], giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
HSMoore will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal Complaints Procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made by email directly to one of the Company directors, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Any scripts, applications or software (unless specifically agreed) written by HSMoore remain the copyright of HSMoore and may only be commercially reproduced or resold with the permission of HSMoore.