The following terms and conditions apply to all website development and design services provided by Market 2 All (legally-known as Paul Mycroft Design Ltd) to the Client.
These terms and conditions are created to protect both the Client and Paul Mycroft Design Ltd. from unpleasant situations. They are not meant to create angst but are in place to ensure smooth process and productive relationships for years to come.
If you do not like having terms and conditions, we are probably not a good fit.
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 quote and makes the first payment, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Client has the power and ability to enter into this contract on behalf of the company or organization. Client agrees to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. PMD agrees to use these materials for the Client’s projects and will not use these materials for any other client or third party.
Client agrees to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and Client will also be bound by any dates that we set together. Client also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services Client needs from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if Client has been late in supplying materials or has not approved or signed off our work on time at any stage. On top of this, we will also maintain the confidentiality of any information that the Client gives us. Client and Contractor also agree that any sub-contractors with party engaged will also be bound to confidentiality. Confidentiality terms survive the term of this Agreement in perpetuity.
Client must inform us prior to signing the contract if any other parties will be working on the same project. Client is agreeing that they will not make public any confidential information pertaining our business and we will keep Client’s business information confidential as well.
The Client or Paul Mycroft Design Ltd. may cancel with 30 days notice. At that time, the Client shall be responsible for any expenses incurred up to and including the date of cancellation. The Contractor will refund any monies paid for work not completed.
If a Client is abusive or rude, whether via email or verbally, Paul Mycroft Design Ltd. has the right to immediately cancel and request unpaid invoices are paid.
The costs in the proposal are valid 30 days from proposal date.
We can’t guarantee that the functions contained in any code, web page templates or in a completed web site will always be error-free and so we can’t be liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this code, web site and any other web pages, even if Client has advised us of the possibilities of such damages.
Client will be responsible for any costs outlined in the Payment Schedule. We cannot be held responsible for any missed payments resulting in the website ceasing to function.
Client cannot transfer a contract to anyone else without our permission. The contract stays in place and need not be renewed. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Governing Law & Jurisdiction
The substantive laws of the Province of British Columbia, Canada, shall in all respects govern this Agreement, without regard to choice of law principles. The parties shall use their best efforts to resolve any dispute between them amicably but failing such resolution, the parties agree to the jurisdiction and venue of the federal and provincial courts in British Columbia to resolve such dispute.
We shall not be deemed in breach of this contract if we are unable to complete the services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, death, illness or any local, state, federal, national or international law, governmental order or regulation or any other event beyond our control (collectively, “Force Majeure Event”).
We are sure that clients understand how important it is as a small business that invoices that we send are promptly paid. As we’re also sure that the Client wants to stay friends, Client agrees to stick to the following payment schedule:
- Before the beginning of project (deposit): 40%
- Before site launch or after 70% hours completed (whatever comes first): 30%*
- Post launch: 30% + Changes to Order – DUE 14 DAYS FROM RECEIPT
*If Client delays project beyond 21 days, PMD can request this payment.
- After 30 days of invoice date, unpaid invoices or any unpaid amounts on an invoice may be assessed a service charge of $10 per month.
- Should any invoice remain unpaid in part or in whole 60 days or more after the invoice date, we may reclaim any and all work done until such time as full payment has been received.
Should we reclaim any and all work done on the basis of non-payment or incomplete payment of any invoice issued by us (Contractor) to Client, a temporary home page will be put in place of the developed website until full payment of any and all invoices is received by the Contractor from the Client.
Ownership and Request for Files
Until full payment has been made, PMD owns the files/website created during, and for, the project. Once payment has been received in full, ownership passes to the Client and a request for files can be made.
Insured and Legal
PMD is fully-insured and has legal representation if need be.