Terms & Conditions
Definition of our terminology as used within this document:
A 'Project' is any work undertaken or service provided by Mushroom Digital Limited for the client on their request and as described in our confirmation order email to that client.
A 'Client' is a person, persons, business or organisation using any of the services provided by Mushroom Digital Limited. 'The Payment Period' shall be the time allowed by Mushroom Digital Limited for receipt of all monies owed to Mushroom Digital Limited by the client.
'Live' will be from the date the website is available on the clients chosen domain.
'Domain' is the website address as specified by the client.
'Hosting Fees' is a yearly cost to keep a client’s website active online.
'Content' is both text and images that the client requires on the website.
‘Normal Business Hours’ is from 9.00am to 5:00pm Monday to Friday excluding Bank Holidays.
A ' Bug' is where the software or website interface does not perform according to the expectations specified by the client’s requirements.
Mushroom Digital Limited Terms & Conditions
(1) The contract between Mushroom Digital Limited and the Client will be on these conditions to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
(2) Mushroom Digital Limited will only commence work on a Project after receipt of 50% deposit of the quoted project fee from the Client. The final 50% payment is to be made on completion of the website. Only will the payment terms be different if stated in a written quotation. The website will be switched to Live once the Clients remaining balance is paid in full.
(3) The deposit paid to Mushroom Digital Limited covers the cost of design work carried out. It is not possible to refund a deposit once Mushroom Digital Limited have sent the first design to the Client. Mushroom Digital Limited reserve the right to decide whether a refund is applicable if requested by the Client for any reason. A refund is not guaranteed by Mushroom Digital Limited but possible providing Mushroom Digital Limited decide upon this option.
(4) Mushroom Digital Limited shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website / idea / business will operate legally within UK law. It is important that the website is not in any way illegal.
(5) Where images used on the website have been purchased by Mushroom Digital Limited on behalf of the Client, these images are strictly for use on the website only. Mushroom Digital Limited is not liable for misuse of these images by the Client or any other person/s copying, altering or distributing the images to individuals or other organisations.
(6) Mushroom Digital Limited will host our client’s website on receipt of payment of our Hosting Fees. In doing so we will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website hosting will be available at all times, especially in the event of a technical failure beyond our control. The hosting provider Mushroom Digital Limited uses to host it’s Clients websites is monitored 24 hours a day, 7 days a week by qualified corporate support engineers. If a problem is detected with our Clients websites due to a hosting failure Mushroom Digital Limited will endeavour to respond to any failures and will work with our hosting provider resolve the problem.
(7) Mushroom Digital Limited cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that they might claim is a result of a service offered by Mushroom Digital Limited.
(8) Where we have been asked to provide search engine optimisation for a Client, we do not guarantee any specific placement or high ranking on search engines.
(9) Mushroom Digital Limited will provide the Client with an expected project completion date (live on the internet) if requested. We will endeavour to meet any given deadline but we do not guarantee and are not bound in any way to complete the project by this date.
(10) We do not charge customers for open source software. If there is a charge for a website using open source software, you are paying for the installation time. Open source software is not owned by Mushroom Digital Limited or our Client.
(11) All images displayed on the Client's website will only be used after authorisation by the Client and are the sole responsibility of the client regarding usage and copyright. Should any legal issues or claims arise from the Content or copyright of any images supplied by the Client, they will be the sole responsibility of the Client.
(12) Domain names will be registered by Mushroom Digital Limited and on occasions will be registered to our address or the client’s address depending on domain service provider and accounts used. Although the Domain names are registered to Mushroom Digital Limited , the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, Mushroom Digital Limited will do this within reasonable time.
(13) If a Domain name is purchased by the Client through a company other than Mushroom Digital Limited, the Client has full responsibility in making sure that the Domain name is renewed when due. Mushroom Digital Limited will not renew the domain name when annual hosting renewal is due if the domain name is purchased through a company other than Mushroom Digital Limited.
(14) Renewal of "hosting" is due on a yearly basis. The date of renewal will be annually from the date the website was ordered by the Client. The "hosting" will not be renewed if we cannot contact the customer or the customer requests for us to not host this site.
(15) The hosting renewal charge must be received within 30 days of the hosting expiry date. We reserve the right to deactivate any website where the hosting has expired and the client has not paid the renewal charge. There will be an admin fee set by Mushroom Digital Limited for reactivating the website / hosting.
(16) Mushroom Digital Limited has no control of, or responsibility for, the Content of our Client's web sites. In no way does the textual or image based Content of our Client's web sites constitute Mushroom Digital Limited endorsement, or approval of the web site or the material contained within the web site. Mushroom Digital Limited has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the Content or performance of these sites or for the client's transactions with them. Mushroom Digital Limited provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but we do not guarantee or warrant that such links will point to the intended Client site at all times.
(17) The Client is expected to test fully any application or programming relating to a website developed by Mushroom Digital Limited before being made live for use. Where Bugs, errors or other issues are found after the site is live, Mushroom Digital Limited will endeavor to correct these issues to meet the standards of function outlined in the brief free of charge for the first 12 month.
(18) Mushroom Digital Limited are not liable for loss, damage or corruption to files or information stored on our servers or individual PC's relating to a client's website. The Client is solely responsible for any information or files relating to their website.
(19) On any bespoke design work we create and develop, we hold the right to create one link back on the homepage to our domain www.mushroomdigital.co.uk .
