Terms and Conditions:
You are hiring Mobius Digital Marketing to design and develop a website for the total price discussed and decided before the start of the project.
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization.
You agree to provide us with everything that we need to complete the project including text, images, fonts and other information as and when we need it, and in the format that we ask for.
You agree to review our work, provide feedback, and sign-off approval in a timely manner and are bound by any deadlines that we set together.
You also agree to keep to the payment schedule set out in this proposal
We have the experience and ability to perform the services you need and we will carry them out in a professional and timely manner.
We will endeavour to meet all the deadlines set but am not responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved my work on time at any stage.
We will also maintain the confidentiality of any information that you give me.
Acceptance of Terms:
These terms and conditions apply to all products the Client purchases from Mobius Digital Marketing now and in the future. Not only do these terms give you certainty as to your rights and obligations, but they also ensure we can focus on delivering the best possible service to you.
Interpretation In these General Terms and any relevant Special terms, unless the context otherwise requires:
Charges – means the sums payable by the Client for the relevant Services, and any additional work done by Mobius Digital Marketing from time to time and may include additional administration fees, management fees, and non-refundable establishment fees together with any payment processing fees. All Charges are quoted exclusive of GST unless expressly stated otherwise.
Client – means the person, firm or company acquiring Services under these General Terms and any relevant Special terms.
General Terms – means the terms and conditions set out in this document, which govern the overall relationship between the Client and Mobius Digital Marketing.
Mobius Digital Marketing – means RG Limited trading as Mobius Digital Marketing, a company incorporated in New Zealand, or any of its successors or assignees.
Intellectual Property Rights – means any patent, trademark, service mark, copyright, moral rights, right in a design, know-how, confidential information and all or any other intellectual or industrial property rights whether or not registered.
Services – means the products and services to be delivered by Mobius Digital Marketing to the Client, as agreed from time to time.
Special terms – means the special terms of delivery relating to one or more of the Services posted on Mobius Digital Marketing website together with the payment terms in any relevant invoices.
Our service delivery Mobius Digital Marketing agrees to deliver the Services to the Client and the Client agrees to pay the Charges, in accordance with these General Terms and any relevant Special terms. For the avoidance of doubt, such Services will remain subject to these General Terms and any relevant Special terms.
The Client agrees and acknowledges that: Mobius Digital Marketing uses the services of a number of third parties. They have their own terms and conditions, and the Client acknowledges that they have familiarised themselves with and agreed to all third-party terms referred to in any Special terms.
Mobius Digital Marketing may refuse, reject or remove any content provided by the Client at any time from the Services, without prior notice, if Business Website
Group reasonably believes the content or use of the content, contravenes any law, infringes or is likely to infringe any rights of a third party or is misleading, inappropriate, unsuitable, offensive, obscene, defamatory or indecent.
Mobius Digital Marketing cannot and does not make any warranty as to the consumer response to the Services, nor that the Client’s business, or the Services/results from them, will appear in any particular manner within any third party websites or services.
Mobius Digital Marketing may use the Client’s content, including but not limited to its name, phone number, address and business description, for any of the Services including websites, mobile listings, and applications.
The Client may not assign any of its rights under these General Terms or any relevant Special terms without the prior written consent of Mobius Digital Marketing.
These General Terms will apply to all Services in conjunction with any relevant Special terms. In case of any conflict or ambiguity between the General Terms and relevant Special terms, those Special terms shall prevail.
Mobius Digital Marketing’s obligations Mobius Digital Marketing will provide the Services to the Client.
Mobius Digital Marketing will use reasonable commercial endeavours to commence the Services within 1 week of receipt of payment or confirmation of a secure payment arrangement for the relevant Services unless a different timescale is agreed between the parties.
Mobius Digital Marketing is not obliged to collect or create content for the Client but may use existing content the Client has provided to Mobius Digital Marketing or generate content from the Client’s website or (with the Client’s approval) a third party website for the Services. If Mobius Digital Marketing cannot generate content from the Client’s website or a third party website and no content is provided to Mobius Digital Marketing by the Client, Mobius Digital Marketing will not be obliged to upload any content as part of the Services. The Special terms for the particular Services may have specific client content requirements.
Any content generated by the Client for use within the Services may be subject to Mobius Digital Marketing approval process before that content is published. Mobius Digital Marketing will use reasonable commercial endeavours to undertake any approval process within a reasonable time. Mobius Digital Marketing will use reasonable commercial endeavours to ensure the Services accurately embody the approved content provided by the Client, or published on the Client’s website or a third-party website (approved by the Client). Mobius Digital Marketing will not be responsible for any errors that are within content approved by the Client or which arise from material provided by the Client or any third party, and will not be obliged to rectify any errors in any content posted or any other material within the Services unless the Client gives notice of them to Mobius Digital Marketing.
The Client may request that Mobius Digital Marketing change any content within the Services at any time after they are first delivered, and Mobius Digital Marketing will use reasonable commercial endeavours to comply with those requests. Mobius Digital Marketing may levy reasonable additional charges for such work in addition to the particular Charges for the Services.
Client’s obligations The Client will pay the charges in accordance with the decision made between the client and company representative. There may be a retainer/one-time
payment/part payment or commission – however, the exact nature and number will be ascertained before the project begins.
The Client will: provide Mobius Digital Marketing with such text, artwork, information, logos, designs and any other material requested, and will do so in such formats and at such time or times, as may be reasonably required for Mobius Digital Marketing to deliver the Services.
The Client will be solely responsible for ensuring that such material is accurate and complete. provide Mobius Digital Marketing with accurate and complete answers to business profile questions in a timely manner to enable Mobius Digital Marketing to deliver the Services.
Obtain all necessary licenses, subscriptions, certificates or consents that are required in connection with the use of servers, website, names, logos, artwork and other material or content supplied by the Client for use within the Services.
To the extent that the Client supplies Mobius Digital Marketing with any original material in which the Client holds relevant Intellectual Property Rights, the Client grants a worldwide, perpetual, royalty-free licence to Mobius Digital Marketing to publish, reproduce, adapt, and otherwise deal with and use without limitation any such material for the purposes of delivering the Services.
Except in relation to content provided by the Client, the Client will not (and will not permit others to) reproduce the Services, any unused material prepared by Mobius Digital Marketing, or other material in which Mobius Digital Marketing holds Intellectual Property Rights, without Mobius Digital Marketing prior written consent.
The Client will not use a robot, spider, crawler, scraper or other unauthorized automated means of whatever nature to access the Services or Mobius Digital Marketing website for any purpose.
The Client will pay the Charges free of any deduction or set-off whatsoever, in accordance with any relevant Special terms, by the due dates specified on the relevant invoices.
Failure to pay If the Client fails to pay Mobius Digital Marketing any Charges owed by the relevant due date, or if any payment the Client has made to Mobius Digital Marketing is declined or otherwise not received by Mobius Digital Marketing, Mobius Digital Marketing may do any of or all of the following: charge interest on the unpaid amounts due (at the monthly rate of 15%) from the date the amount became due until it is paid in full; charge any reasonable debt collection and legal costs incurred as a result of the Client’s failure to pay the amounts due; charge a late payment administration fee; suspend the relevant Services or terminate.
Mobius Digital Marketing will be under no obligation to continue to deliver any Services to the Client whilst there remain any Charges or other sums due from Client but unpaid in respect of those Services.
Termination of services – General The termination or expiry of the Services shall not affect any rights or liabilities of the parties already accrued, except to the extent necessary, and these General Terms will continue to apply.
All invoices that fall in this period must be honoured by the client.
Termination by Mobius Digital Marketing. Mobius Digital Marketing may terminate all or any of the Services with immediate effect on notice to the Client if the Client: ceases or threatens to cease to carry on its business or becomes insolvent, has a receiver or administrator appointed, makes any arrangement for the benefits of its creditors, goes into liquidation or enters into any other insolvency process; or commits a material breach of these General Terms or any relevant Special terms and (in the case of a breach capable of remedy) fails to remedy it within 7 working days of receipt of notice from Mobius Digital Marketing specifying the breach and recording an intention to terminate if the breach is not remedied.
We are not liable to you 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 website and any other web pages—even if you have advised me of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
You guarantee to me that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide me for inclusion on the website are either owned by you or that you have permission to use them. When we receive your final payment, copyright is automatically assigned as follows: You own the graphics and other visual elements that we create for you for this project. You also own text content, photographs, and other data you provided unless someone else owns them. We own the HTML markup, CSS, and other code and we license it to you for use on only this project. We also reserve the right to display and link to your completed project as part of my portfolio and to write about the project on websites, in magazine articles, and in books.
Termination by the client
After the initially agreed term, the Client may provide 30 days’ notice of any or all of the services to be terminated. Refunds on Services paid for will not be made. Mobius Digital Marketing will take all reasonable commercial endeavours to transfer rights and responsibilities to the client of any appropriate service. Any invoices that fall in this period must be honoured by the client. If the Client terminates any Services for any reason prior to the expiry of the relevant term, then Mobius Digital Marketing will not be obliged to remove any content, cease delivery of those Services. Termination by Mobius Digital Marketing.
Mobius Digital Marketing may terminate all or any of the Services with immediate effect on notice to the Client if the Client: ceases or threatens to cease to carry on its business or becomes insolvent, has a receiver or administrator appointed, makes any arrangement for the benefits of its creditors, goes into liquidation or enters into any other insolvency process; or commits a material breach of these General Terms or any relevant Special terms and (in the case of a breach capable of remedy) fails to remedy it within 7 working days of receipt of notice from Mobius Digital Marketing specifying the breach and recording an intention to terminate if the breach is not remedied. You cannot transfer this contract to anyone else without my permission. This contract stays in place and need not be renewed. If for some reason one part