Definitions

You: User of this website or services offered.

Client: The individual, company or group requesting the services of Henry Moyo, associates and employees.

Us, We, Our, My, Me, I: Henry Moyo, associates, this site’s owner(s) and employees.

Order: A written or verbal contract between Us and the Client, this includes telephone and e-mail agreements.

All services provided by Us to the Client are subject to the following Terms and Conditions.

By placing an Order with Us, You confirm that you are in agreement with and bound by the terms and conditions set out below.

General

This agreement is in place to protect both Us and the Client and does not affect any of your statutory rights.

We reserve the right to refuse to provide our services to any client without explanation. We will only carry out work where an agreement is provided either by e-mail, telephone or mail. We will carry out work only for Clients who are 18 years of age or older.

These Terms and Conditions cover the domains henrymoyo.com and henrymoyo.co.uk. Any other websites to which you link from this site are governed by their own Terms and Conditions. We accept no responsibility or liability for the content or operation of websites which are not under our control. We are required by law to tell you that sales can be concluded in English only and that no public filing requirements apply.

These Terms and Conditions supersede all previous representations, understandings or agreements.

Use of Our site

We own the copyright, trademarks and all other intellectual property rights in all material and content on this website, which you may use, download, copy, publish, transmit or otherwise make available by any other means only for your own personal, non-commercial use. Any other use or reproduction of the material or content is strictly prohibited.

Throughout Our website, trademarked names may be indicated. However, rather than repeatedly show the trademark symbol, We state that We are using such names in an editorial context with no intention of infringement of that trademark. Trademarked names, as always, remain the property of their respective companies.

You may not restrict or inhibit the use or enjoyment of this website by anyone else.

We will not accept any liability whatsoever for injury, loss, death or misfortune of any kind whatsoever due to the use/misuse of any of Our websites and services we provide. By using any of Our websites or services you agree to these Terms and Conditions.

Website Design

Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, We cannot accept responsibility for any losses or misfortune incurred due to malfunction of the website or any part of it. It is the Clients duty to test and make sure the website or services provided are all error free before giving sign off or going live. In the event an error is discovered on any digital piece of work within a period of 2 calendar months after sign-off or going live, we will rectify all errors at no extra charge. We reserve the right to charge a fee to resolve any errors arising after this period.

We 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 or sensitive nature unless adequate proof is given of permission to use such material. The Client agrees to make available as soon as is reasonably possible to us all materials required to complete the site to the agreed standard and within the set deadline.

We will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. We will not be liable or become involved in any disputes between the Site Owner and their Clients and cannot be held responsible for any wrong doing on the part of a Site Owner. We 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. We will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

We reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or controversial.

Charges and Pricing

All prices on our site or any quotations we provide are in Pound Sterling (£) unless agreed otherwise.

Charges for services to be provided by Us will be provided to the Client for approval before commencement of work. Quotations are valid for a period of 30 days.

Due to the nature of Our work, a 50% deposit of the agreed total is required with any project before any work will commence. The remaining fee will be due upon completion of the work prior to handing over any materials/files to the Client by means of upload to server or release of materials in any other format. There are no exceptions to this.

If the Client decides to withdraw from the agreement at any point after commencement of the work for any reason and no longer wants or requires Our services. Any deposit paid will be non-refundable and the Client will still be obliged to immediatley pay the full outstanding amount of the agreed total.

All deposits are non-refundable. Non payment will result in legal action being taken if deemed necessary. Charges for any work done by Us do not cover the release of source files. For example, but not limited to, .ai, .psd or .fla files. These source files shall remain as Our Intellectual Property. If the Client requires these items then a separate quotation can be prepared on request.

We shall retain ownership of final product(s) or asset(s) derived from Our services until all outstanding accounts are paid in full. This includes but is not limited to website, graphics or any programming code. We will retain a copy of the completed work for use in promotions.

Compatibility

We will endeavor to ensure that any developed/designed website or application will function correctly on the server it is initially installed on and that it will function correctly when viewed within the following web browsers: Microsoft Internet Explorer Version 7 and above, Google Chrome and Mozilla Firefox. We can offer no guarantees of correct function with all browser software.

Website Hosting

We may purchase website hosting packages on behalf of the Client. We are not directly linked to, or in any way affiliated with any 3rd party hosting company or external service we recommend or provide on behalf of the Client and therefore we cannot guarantee the availability or interruption of these services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of these services, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Any complaints, issues arising due to website hosting should be directed to the relevant hosting company.

Credit

A link to Our website will appear in either small type or by a small graphic on the Client’s website of which we have designed or developed. If a graphic is used, it will be designed to fit in with the overall design.

Access Requirements

We must be granted temporary read/write access to the Client’s storage directories, and those directories must be accessible via FTP. All these details should be provided by the Client when requested by Us or when the agreement is made.

Domain Names

We may purchase domain names on behalf of the Client. Payment and renewal of those domain names will remain the sole responsibility of the client. The loss, cancellation or otherwise of the domain brought about by any reason whatsoever will not be our responsibility. The Client should keep a record of due dates for payment to ensure that payment is received in good time.

Governing Law

This Agreement shall be governed by English Law.

Last updated: 16 April 2014