Terms & Conditions:
All work is carried out by Jeremy Murphy on the understanding that the client has agreed to Jeremy Murphy’s terms and conditions. Copyright is retained by Jeremy Murphy on all design work including words, pictures, ideas, visuals and illustrations unless specifically released in writing and after all costs have been settled. If a choice of design is presented, only one solution is deemed to be given by Jeremy Murphy as fulfilling the contract. All other designs remain the property of Jeremy Murphy, unless agreed in writing that this arrangement has been changed.
Definitions:
The Client: The company or individual requesting the services of Jeremy Murphy.
Contractor: Primary designer/site owner ( Jeremy Murphy) &/or affiliates.
General:
Jeremy Murphy will carry out work only where an agreement is provided either by email, telephone, mail or fax. Jeremy Murphy will carry out work only for clients who are 18 years of age or above. An 'order' is deemed to be a written or verbal contract between Jeremy Murphy and the client; this includes telephone and email agreements.
Design:
Whilst every endeavor will be made to ensure that the website or other medium are free of errors, Jeremy Murphy cannot accept responsibility for any losses incurred due to malfunction, the website or other medium or any part of it. The website or other medium, graphics and any programming code remain the property of Jeremy Murphy until all outstanding accounts are paid in full. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Jeremy Murphy remain the copyright of Jeremy Murphy and may only be commercially reproduced or resold with the permission of Jeremy Murphy. Jeremy Murphy cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material. By supplying text, images and other data to Jeremy Murphy for inclusion in the client's website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Jeremy Murphy on behalf of the client, will remain the property of Jeremy Murphy and/or its suppliers unless by prior arrangement with Jeremy Murphy.
The client may request in writing from Jeremy Murphy, the necessary permission to use materials (for which Jeremy Murphy holds the copyright) in forms other than for which it was originally supplied, and Jeremy Murphy may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Jeremy Murphy, the client grants Jeremy Murphy permission to use this material freely in the pursuit of the design.
Should Jeremy Murphy, or the client supply an image, text, audio clip or any other file for use in a website or other medium, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow Jeremy Murphy to remove and/or replace the file on the site.
The client agrees to fully indemnify and hold Jeremy Murphy free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permission. Any additions to the brief will be carried out at the discretion of Jeremy Murphy. Jeremy Murphy accepts no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
The client also agrees that Jeremy Murphy holds no responsibility for any amendments made by any third party, before or after a design is published. The client agrees to make available as soon as is reasonably possible to Jeremy Murphy all materials required to complete the site to the agreed standard and within the set deadline. Jeremy Murphy will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. Jeremy Murphy will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. Jeremy Murphy 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. Jeremy Murphy will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents. A nonrefundable deposit of 50% of final quoted price is required with any project before any design work will be carried out. Once an order has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the order, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.
Database, Application and E-Commerce Development:
Jeremy Murphy cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. Any scripts, cgi applications or software (unless specifically agreed) written by Jeremy Murphy remain the copyright of Jeremy Murphy and may only be commercially reproduced or resold with the permission of Jeremy Murphy. Where applications or sites are developed on servers not recommended by Jeremy Murphy, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment. The client is expected to test fully any application or programming relating to a site developed by Jeremy Murphy before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, Jeremy Murphy will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
Compatibility:
Jeremy Murphy will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Jeremy Murphy can offer no guarantees of correct function with all browser software.
Website Hosting:
Whilst Jeremy Murphy recommends hosting companies to host website, no guarantees can be made as to the availability or interruption of this service by Jeremy Murphy cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Jeremy Murphy reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the Web Mastering service should the necessity arise.
Payment of Accounts:
A deposit is required from any client before any work is carried out. It is the Jeremy Murphy policy that any outstanding accounts for work carried out by Jeremy Murphy or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Jeremy Murphy. The Client is responsible for any revision fees and expenses (including but not limited to prints, ink, discs, stock photos, fonts and other materials needed to complete the order) incurred in the process of designing the order. Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due. If accounts are not settled or Jeremy Murphy have not been contacted regarding the delay, access to the related website or other medium may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj's) being added to the clients credit rating. Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Complaints Procedure:
Informal Procedure:
Anyone who experiences a problem with their web service provided by Jeremy Murphy should raise the matter directly via phone, email or letter to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.Jeremy Murphy will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal Complaints Procedure:
The formal complaints procedure should only be used where the complainant feels 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 Jeremy Murphy, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.