Terms of Business:
The Website Design Service
More Creativity shall provide "Website Design Services" to the "Client" subject to these conditions. Any change to
the Website Design Service or these conditions must be agreed in writing by More Creativity.
The Client shall at its own expense supply More Creativity with any Assets requested by More Creativity in relation
to the Website Design Service. Together the "Materials". The Client shall, at its own expense, retain duplicate
copies of all Materials. More Creativity shall have no liability for replacement of Materials provided to More
Creativity.
Charges
The Client shall pay the amounts specified 30 days following the date of receipt of invoice from More Creativity.
Should an invoice not be paid within this time More Creativity may, at its discretion, charge interest on the
outstanding amount at the HSBC bank lending rate.
More Creativity shall make additional charges for any extra services provided as a result of errors in or changes to
the Materials or if More Creativity agrees to any changes in the Design Services.
Intellectual Property Rights
The Client warrants that any Material and its use by More Creativity for the purpose of providing the Website
Design Service will not infringe the copyright or other rights of any third party or otherwise be defamatory of any
third person or in breach of any legal requirement and the Client shall indemnify More Creativity against any loss
damages, cost, expenses or other claims arising from any such infringement. The Client shall provide such
evidence as More Creativity may request from time to time as to the ownership of the copyright in the Material or
that any Material is not in breach of any other legal requirement.
The content management system and site functionality (together the "CMS") are provided with no ongoing license
fees following the settlement of all project invoices. The client is not permitted to redevelop or reuse any of the
source code provided as part of the CMS in any website or other such web based or equivalent system, other than
the one detailed in this proposal document.
Liability
More Creativity shall have no liability to the Client for any loss, damage costs, expenses or other claims for
compensation arising from any material or instruction supplied by the Client which are incomplete, inaccurate,
incorrect, illegible, out of sequence or in the wrong format or arising from late arrival or non-arrival or any other
fault of the Client.
More Creativity shall not be liable to the Client or be deemed to be in breach of this Agreement by reason of any
delay in the performing or any failure to perform any of More Creativity’s obligations in relation to the Website
Design Service if the delay or failure was due to any cause beyond More Creativity‘s reasonable control. More
Creativity shall not be liable for any loss, damage costs, expenses or other claims for compensation arising from
failure of the Website to operate properly and reliably due to running environment conditions if those environment
conditions are not explicitly agreed between More Creativity and the Client.
Except in the case of breach of confidence and intentional misconduct, the entire liability of More Creativity under
or in connection with this Agreement shall not exceed the cost of the design services.
Web Search Engines
More Creativity has no power over search engines and cannot guarantee that sites submitted will appear on the
system. More Creativity also has no power to force submissions to the top of a search.
Site Maintenance
More Creativity warrants that the web site application will remain functional for a period of 12 months and will carry
out such maintenance on the site required to ensure its functionality providing that the Client has made no
amendments to the underlying code of the web site.
Web Site Hosting & Email Services (if supplied)
Email and hosting services are provided through Titan Internet Ltd. Use of email and hosting services is to be in
compliance with the ‘Use of Service’ terms and conditions of Titan Internet Limited. These terms can be found at
the following website address - http://www.titanhosts.net/help/terms.htm. Spamming, or the sending of unsolicited
bulk e-mail from your hosting and email account is strictly prohibited. The Client indemnifies More Creativity for
any losses sustained as a result of use not in compliance with Titan Internet Limited’s terms and conditions. The
Client is solely responsible for the content stored on and served by your hosting and email accounts. As the Client
you will not include, link to or transmit any material that is unlawful, threatening, abusive, malicious, defamatory,
obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
Confidentiality
More Creativity shall keep confidential all information and data, including, but not limited to Material, which is made
available to More Creativity and/or its representatives by the Client or its affiliates for the Website Design Service
and the provision of the Website Design Service, or which result from More Creativity’s work for the Client or its
affiliates (“Confidential Information”). More Creativity will not disclose the same to third parties, both during and
after termination, for whatever reason, by publication or otherwise, nor use the same for any purpose other than
the Website Design Service without prior approval in writing by the Client. All Material, data and information
supplied by the Client shall, on request, be returned on completion of the Website Design Service.
More Creativity undertakes to disclose Confidential Information only to those of its officers, employees, agents and
contractors, to whom and to the extent to which, such disclosure is necessary for the Website Design Service and
to ensure that all such personnel are obliged to treat such information as confidential.
The obligations contained in this Clause shall survive the expiry or termination of this Agreement for any reason
but shall not apply to any Confidential Information which:
- is publicly known at the time of disclosure to the Agency;
- after disclosure becomes publicly known otherwise than through a breach of this Agreement by More
Creativity, its officers, employees, agents or contractors;
- can be proved by More Creativity to have reached its hands otherwise than by being communicated by
the Client including being known to it prior to disclosure, or having been developed by or for it wholly
independently of the Client or having been obtained from a third party without any restriction on
disclosure on such third party of which More Creativity is aware, having made due enquiry;
- is required by law, regulation or order of a competent authority (including any regulatory or
governmental body or securities exchange) to be disclosed by the receiving party, provided that,
where practicable, the disclosing party is given reasonable advance notice of the intended disclosure.
Neither party shall disclose any of the terms hereof to any third party whatsoever other than such information
which is required to be disclosed by law or applicable regulations.
Governing Law
This Agreement shall be governed in all respects by the laws of England and subject to the exclusive jurisdiction of
the English courts.