MASTERFUL JACK LTD – DEVELOPMENT TERMS & CONDITIONS
The following terms and conditions apply to all design, web development, mobile application builds and bespoke software development, which will hereinafter be referred to as “Services” provided by Masterful Jack Ltd to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a proposal then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our Services implies that you have read and accepted our terms and conditions.
Charges for Services to be provided by Masterful Jack Ltd are defined in the project proposal that the Client receives via e-mail. Proposals are valid for a period of 30 days. Masterful Jack Ltd reserves the right to alter or decline to provide a proposal after expiry of the 30 (thirty) days.
Unless agreed otherwise with the Client, all Services require an advance payment of a minimum of 60% (sixty percent) to 100% (one hundred percent), subject to credit status, of the proposed project total before the work is supplied to the Client for review. A second charge of the balance (subject to the initial payment terms) will be required after the development stage and prior to the full release of the final code.
Once payment has been received in full, the finished product, including all code, documentation, design rights and intellectual property, will immediately become the legal property of the Client. Upon payment being received in full Masterful Jack Ltd automatically waives any rights or claims said property.
4. Client Review
Masterful Jack Ltd will provide the Client with an opportunity to review the appearance and content of the Service provided during the design phase and once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Masterful Jack Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
5. Turnaround Time and Content Control
Masterful Jack Ltd will install and publicly post or supply the Client’s project by the date specified in the project proposal, or at date agreed with Client upon Masterful Jack Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Masterful Jack Ltd.
In return, the Client agrees to delegate a single individual as a primary contact to aid Masterful Jack Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, Masterful Jack Ltd will require the Client to provide project content; text, images, movies and sound files, and/or other content required by Masterful Jack Ltd to complete its obligations as defined within the proposal.
6. Failure to provide required content
In the event that the project becomes delayed as a result of, but not limited to the Client failing to provide content and/or essential information in the agreed time-frame, submitting changes/amendments outside of the proposed project scope, Masterful jack Ltd reserves the right to impose a surcharge of up to 25% (twenty five percent).
Should the project be delayed for a period of 30 days or more, Masterful Jack Ltd reserves the right to close the project and request any outstanding monies be paid within 15 days. The Client agrees not to withhold payment.
Content must be clear, concise and submitted in digital format such as Microsoft Word or PowerPoint, or as a plain text file.
7. Failure to deliver the project on time
In the event that the project becomes delayed for a period greater than 30 days, as a result of Masterful Jack Ltd failing to meet the project completion date, excluding reasonable delays outside of its control, such as, but not limited third-party operating systems bugs and glitches or the rolling-out of unscheduled updates, the Client reserves the right to request a rebate of up to 25%.
Masterful Jack Ltd will provide a proforma invoice to the Client for pre-payment, prior to the commencement of a project or as otherwise agreed and detailed within the proposal. If part-payment has been agreed by Masterful Jack Ltd, a final invoice will be provided for payment of the balance upon the completion of the project.
9. Additional Expenses
Client agrees to reimburse Masterful Jack Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, software licenses, stock photography etc. or for any additional works outside of the proposed project scope.
10. Operating Systems and Browsers
Whereas Masterful Jack Ltd makes every effort to ensure websites and/or mobile applications are designed for optimal viewing by the majority of visitors, and that websites and/or mobile applications are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome or Google Play/Android and Apple OS etc.), the Client acknowledges and agrees that Masterful Jack Ltd cannot guarantee correct functionality with all browser software across different operating systems, and that the finished product will require on-going maintenance and development to ensure it remains current with market standard browsers and/or operating systems. It is the Clients responsibility to maintain the project at its own expense, once the project has been completed.
Masterful Jack Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Masterful Jack Ltd reserves the right to quote for any work involved in changing the website and/or mobile application design or code for compatibility with new operating system or browser releases.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Masterful Jack Ltd’s servers, Masterful Jack Ltd will, at its discretion, remove all such material from its servers. Masterful Jack Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Masterful Jack Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Masterful Jack Ltd in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within 30 (thirty) days.
All Masterful Jack Ltd services may be used for lawful purposes only. You agree to indemnify and hold Masterful Jack Ltd harmless from any claims resulting from the Clients’ use of Masterful Jack Ltd’s service that damages the Client or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Masterful Jack Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Masterful Jack Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Masterful Jack Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. By accepting Masterful Jack Ltd’s proposal, it shall be regarded as a guarantee by the Client to Masterful Jack Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
15. Standard Media Delivery
Unless otherwise specified in the project proposal, this Agreement assumes that any text will be provided by the Client in electronic format (USB, e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Masterful Jack Ltd to return to the Client any images or printed material provided for use in creation of the Client’s project, such return cannot be guaranteed.
16. Design Credit
A link to Masterful Jack Ltd may appear in either small type or by a small graphic at the bottom of the Client’s website and/or mobile application. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than £5000, a fixed fee of £500 will be applied. The Client also agrees that the project may be presented within Masterful Jack Ltd’s portfolio.
17. Access Requirements
If the Client’s finished product is to be installed on a third-party server Masterful Jack Ltd must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
18. Post-Placement Alterations
Masterful Jack Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
19. Domain Names
Masterful Jack Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Masterful Jack Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s written acceptance (email or delivered by post) of Masterful Jack Ltd’s proposal or payment of an advance fee constitutes its agreement to and acceptance of these Terms and Conditions.
21. Governing Law
This Agreement shall be governed by laws and courts of England and Wales.
Masterful Jack Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Masterful Jack Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.