MobyDigital Terms and Conditions

PAYMENT TERMS

Fees quoted are valid for 14 days from the date of issue. Our payment schedule is as follows:

50% of the total project cost will be invoiced on commencement of the project

The final 50% will be invoiced when the project is handed over Payment terms are strictly 15 days

Updates outside original scope

In the event of any variations or extensions to the project, or should a client wish to engage MobyDigital on a time and materials basis, all work will be undertaken in accordance with our hourly rates.

SERVICE TERMS

Intellectual Property

MobyDigital reserve the right to re-use technical components developed during the project and will retain intellectual property rights on each development. The client will hold copyright on all work pending payment of final invoice.

Maintenance

Content > MobyDigital can provide a content maintenance service if required. This is billed at our standard hourly rate or an agreed monthly/annual content maintenance contract. Software Maintenance > MobyDigital guarantees that each project will be compatible with current versions of all major mobile software platforms and online web browsers or if specifically stated otherwise in the project documentation. Current release refers to software versions current at the time the website or application goes live, versions released after this date are not included. Viewing a website made for online viewing with a mobile browser might not give a satisfactory result and might need additional work in accordance with our hourly rates.

Platforms:

  • iOS 4 up to current full release version.
  • Android 1.6 up to current full release version.
  • Blackberry 4.5 up to current full release version.
  • Symbian S60 up to current full release version.

Browsers:

  • Internet Explorer – version 10 up to current full release
  • Firefox 40 up to current full release
  • Apple Safari – version 6 up to current full release
  • Google Chrome – version 45 up to current full release

Browser Plug-ins:

  • Current version of Flash Player
  • Windows Media Player
  • QuickTime

Variations and Extensions

In the event of any variations or extensions to this contract, all work will be undertaken in accordance with our hourly rates. MobyDigital can also be engaged on a time and materials basis.

Goodwill

This proposal assumes goodwill from both sides regarding:

What can reasonably be achieved in a given time frame

Making best use of resources to achieve the most effective outcomes

Approval/Sign-off

To authorize commencement of a project MobyDigital must receive a signed copy of the approval document enclosed with each quote. This should be emailed to service@mobydigital.com

All quotes are valid for 14 days from date of issue.

To review our terms and conditions visit www.MobyDigitalmedia.com/terms

FULL TERMS AND CONDITIONS- MOBYDIGITAL

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

Definitions

MobyDigital refers to MobyDigital S.A.

The client refers to the company or individual engaging the services of MobyDigital.

General

MobyDigital will only commence a project where an agreement has been provided by email, telephone, mail or fax. An ‘order’ is deemed to be a written or verbal contract between MobyDigital and the client. This includes written and verbal agreements via telephone and email.

Project stages

Stage 1- The client must thoroughly review the design, providing feedback within five business days.

Stage 2- The client must review the wireframe development (empty shell or working website/application without content), providing feedback within five business days.

Stage 3- The client must carefully review the completed website/application including all content, providing feedback on any changes within three business days.

Final review- The client will review any changes made in stage three and authorize MobyDigital to launch the project. Any changes requested after the final review will be considered additional and charged at our standard hourly rate.

System specifications and alterations

Each project will have set parameters as described in the final proposal and/or technical specification. This document also includes an authorization form, which indicates agreement with the specification and authorizes MobyDigital to begin work. On commencement the development team will proceed in accordance with the exact specifications as set out in this document. If there are any amendments to these parameters after the project has commenced, MobyDigital will consider this to be an additional component or customization of the project and will charge for this work at our standard hourly rates.

Bugs or system errors

When a project has been delivered and approved, the client will have a four week grace period where MobyDigital will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Design

While every endeavour will be made to ensure the website and any scripts, programs or applications are free of errors, MobyDigital does not accept responsibility for any losses incurred due to website or application malfunction.

The project and any associated graphics and files remain the property of MobyDigital until all accounts are paid in full.

Any scripts, cgi applications, php scripts, programming code or software written by MobyDigital remain the property of MobyDigital and may only be commercially reproduced or resold with the permission of MobyDigital.

MobyDigital cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the client and may refuse use of any such material unless proof of permission is provided.

Any additions to the brief will be carried out at the discretion of MobyDigital. Where no charge is made by MobyDigital for these additions, MobyDigital accepts no responsibility to ensure these additions are error free. MobyDigital reserves the right to charge an appropriate sum for any correction to these or further additions.

The client agrees to provide MobyDigital all materials required to complete the site or application (files, content and images) in a timely fashion.

MobyDigital will not be liable for costs incurred, compensation or loss of earnings due to the failure by the client or MobyDigital to meet agreed deadlines.

MobyDigital will not be liable or become involved in any disputes between the site or application owner and their clients and MobyDigital cannot be held responsible for any wrongdoing on the part of a site or application owner.

MobyDigital 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.

MobyDigital will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, application, servers, software or any material provided by its agents.

A deposit of 50% is required with each project before any work will commence. Once a project has been completed the final balance of payment is due in accordance with our payment terms.

If, for any reason, the client chooses to terminate the website or application development process during the design phase, MobyDigital will keep the 50% deposit. If the client decides to terminate the project before the design phase has been completed (i.e. during the production phase), the client will be obliged to submit the full payment as outlined in the quote. When the project is completed as planned, the remaining 50% will have to be paid before the site launch.

Content and data entry

The supply of content and assets is the responsibility of the client, unless the client is employing MobyDigital’s copywriting service.

All content for all sections of the website or application must be supplied at an agreed time and preferably in one delivery.

Content must be thoroughly reviewed before it is supplied to MobyDigital. MobyDigital is not responsible for any spelling and grammatical errors.

Content must follow the directions of the sitemap. If the sitemap indicates five pages, content must be supplied for five pages.

Project delays

Where a project has final approval MobyDigital will indicate timeframes for both parties. If a client delays the project for more than two months, (by missing deadlines for the supply of information, content or images) MobyDigital reserves the right to charge a project-delay fee to recover costs associated with ongoing management of the project.

Database, application and e-commerce development

MobyDigital cannot take responsibility for any losses incurred by the use of any software created for the client. The client is expected to fully test any application or program relating to a site developed by MobyDigital before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, cgi applications, php scripts or software written by MobyDigital remain the property of MobyDigital and may only be commercially reproduced or resold with the permission of MobyDigital. Where applications or sites are developed on servers not recommended by MobyDigital, the client is expected to provide information, software and support relating to the server to assist with the correct development of the application. Any assistance or work required from MobyDigital for external hosting will incur additional charges.

Where a large application is to be developed, the client is responsibile for providing a testing environment as similar as possible to the final production environment.

When a project has been delivered and approved, the client will have a four week grace period where MobyDigital will address any reported system errors or bugs free of charge. After this grace period any required maintenance will be billed at our standard hourly rates.

Compatibility

MobyDigital will ensure that any site or application will function correctly:

On the server to which it is initially installed

When viewed with current Microsoft Internet Explorer version 7 to current full release

When viewed with Mozilla version 3.6 to current full release

When viewed with Safari version 4.1 to current full release

MobyDigital can offer no guarantee of correct function with all browser software including future releases.

Website hosting

MobyDigital cannot guarantee the availability or continuity of this service and cannot accept liability for loss of revenue caused by the unavailability, malfunction or interruption of this service. MobyDigital reserves the right to refuse handling of material which may be deemed offensive, illegal or controversial. In this instance, hosting services may be terminated.

Hosting terms

Hosting is available through MobyDigital hosting. Any client requesting hosting on another server will be charged a fee for the time taken to transition the website to the preferred hosting provider.

Training

All end user training is to be undertaken at the office of MobyDigital in Cordoba Argentina, or online on scheduled dates.

Payment of accounts

A deposit by the client is required before MobyDigital can commence a project. Any outstanding accounts for work completed by MobyDigital or our affiliates requires payment in full no later than 15 days from the date of invoice. On completion of a project the client is obliged to pay the balance in full.

MobyDigital will contact clients to remind them of payments due if they are not received. If accounts are not settled and MobyDigital have not been contacted regarding the delay, website access may be denied and web sites or projects removed.

Complaints procedure

Any client experiencing problems with a web service provided by MobyDigital should contact their assigned Project Manager or email service@mobydigital.com Clients should supply the URL of the problem and clearly outline the issue in question.

MobyDigital will contact the individual responsible for the material in question with a view to resolving the matter satisfactorily.

Formal complaints procedure

The formal complaints procedure is in place should a client feel that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to MobyDigital who will acknowledge receipt and ensure that the matter is examined within two business days.

An initial response will be issued within seven days of receiving the formal complaint and a full and considered response will be issued within 30 days. Any required action will be implemented with minimal delay.