Website & App Development
Where MoMac has created or designed a website/app for the Client and the website/app is now ‘live’ on the internet, the Client must make payment in full as per MoMac’s standard payment terms. Should payment not be made in full, MoMac reserves the right to take down that website/app until such time as it receives payment in full.
The Client acknowledges and agrees that it will be liable for all of the costs of restoring the website/app to the internet where it has been taken down due to non-payment.
The Client agrees that it will be charged for any work it requests MoMac to complete or undertake that is outside of the scope of the estimate / quote and the approved design. After going live, updates or changes the Client wishes to make to the website/app will also be chargeable as per MoMac’s hourly rate.
Website Backend Access
MoMac may supply the Client with CMS access, in accessing the backend, the Client agrees that MoMac is not liable for any website errors, inaccuracies in data, website/server outages or corruption caused by actions taken by the Client. If MoMac is required to fix any issues that arise due to changes the Client has made to the website, MoMac will charge for the time to fix these issues.
The Client also agrees that they will take all recommendations given by MoMac to ensure the best performance of their website, this includes uploading images that have been resized to have the longest side set to 2048px, compressing images below 1MB and compressing videos. Failure to do so may result in website outages or poor performance, MoMac reserves the right to charge for time to rectify this.
For security reasons, the Client or its IT Supplier cannot install or remove plugins, modify code, or grant anyone else access to the website backend. If this is required, you must contact MoMac and MoMac will make the necessary changes if they deem this appropriate and safe.
Search Engine Optimisation (SEO)
MoMac can strongly influence your search ranking but has no direct control as to how well your website will rank in search.
You acknowledge that the Google and other search engines algorithms are constantly changing and evolving and that MoMac has no control over these changes.
Accordingly, MoMac is unable to guarantee the success of any online marketing or search engine optimisation undertaken on behalf of and/or for the Client.
Technology Ownership & IP
MoMac retains ownership of the IP of any custom applications and all working files unless otherwise agreed in writing with MoMac.
You acknowledge that MoMac is free to reuse any code, inventions, extensions, plug-ins or components and you grant MoMac an indefinite perpetual licence to use, re-sell and modify such items.
The Client acknowledges that domain registrations are non-refundable once purchased/renewed.
MoMac will not, at any time, assume any liability whatsoever in respect of the use of any domain name. Any disputes arising must be resolved between the parties involved.
The Client cannot transfer a domain name away from MoMac unless the Client has first paid all MoMac accounts in full.
Servers & Hosting
All MoMac websites are to be hosted on MoMac managed servers, by having a website hosted with MoMac. The Client agrees that:
A: Hosting is not guaranteed to be live/online 100% of the time due to its dependency on servers that require software upgrades and possible technical challenges which may interrupt its service.
B: MoMac will charge fees for hosting and If unpaid, MoMac reserves the right to shut down the website/App until such time as full payment is received.
C: To protect all of MoMac’s clients, access to our server will not be given to the Client or their IT Supplier. Any updates required to the setup, files or records will be made on behalf of the Client, on a charge up basis.
D: If MoMac considers that any Website/App to be a security risk, MoMac may advise the Client that the hosting service is at risk and will make all reasonable efforts to eliminate that risk (and MoMac reserves the right to charge the Client for time required to eliminate that risk). If the risk can not be eliminated, the hosting service will be immediately discontinued and requested to find an alternative host at their own cost.
E: MoMac will not be liable for any loss that may be incurred in relation to the services provided, Third Party Software, apps, hosting, hacks or breaches of security.
MoMac will endeavour to hold a manual backup of your website files and database from when it goes live, however, this is not guaranteed.
You acknowledge that MoMac will not create backups of any websites that are not hosted on our managed hosting servers or any websites hosted outside of MoMac on Third Party Software and or servers that we don’t have the ability to log into (examples include but are not limited to, Shopify, Squarespace, and Wix).
While every reasonable effort is made to protect the Client’s backed-up website, the integrity of stored electronic data and/or media cannot be guaranteed due to the technological limitations of media and devices available.
Third-Party Software & Apps
We may provide Third Party Software as part of the Project.
You acknowledge that:
A: We have limited control over the functionality or operation of the Third Party Software.
B: if the third parties provide data or other information for use with the Software, we have no control over the accuracy or completeness of that information.
C: you accept and must comply with the terms and conditions of the Third Party Software providers.
D: Where applicable, those Third Party Software providers may invoice you directly for ongoing costs relating to your use of the Software.
The Fees for the Third Party Software may change from time to time. The new prices not supplied directly by the provider will apply from the date that we notify you.
You acknowledge that the CMS and many of its extensions, plug-ins and components are provided by third parties, and therefore, we have limited control over the functionality or operation of the CMS and its extensions, etc. and you accept and must comply with the terms and conditions of those third parties relating to the CMS.
You acknowledge that the software that is developed by MoMac may run on Third Party Software, platforms, and environments. Therefore if any of these Third Party Software, platforms, and environments make an update or discontinue, this may cause your website/app to break down, be interrupted or not operate at full functionality and MoMac shall not be liable for any such eventuality.
The Client agrees to allow MoMac to add a small credit on the finished website. This will be in the form of a small line of text and a logo placed in the footer of the website.
The Client also agrees to allow MoMac to showcase websites and other designs, along with a link to the Client’s site on MoMac’s own marketing materials and channels for self-promotional purposes, unless agreed to by both parties in writing beforehand.