Terms of Service

RESPONSIBILITY

Mogashi Media Solutions Ltd. agrees to deliver the requested work in a timely manner and shall conform to the standards as agreed in the contract document. Mogashi Media Solutions Ltd. charges for design work based on time, so any changes to the contract document once work has commenced, may result in changes in the fees already stated. In particular cases, where a job / service requires work beyond our normal business hours and turnaround time, there may be additional fees involved, over and above our standard costs. The client also understands that work, which is halted after a job has begun, will be billed on the basis of what has been completed to that time. Where work is performed by other parties as designated by the client, Mogashi Media Solutions Ltd. cannot be held liable for their performance, although Mogashi Media Solutions Ltd. shall make its best effort to work with these other parties.

 

COPYRIGHT

All work performed by Mogashi Media Solutions Ltd. is copyrighted by Mogashi Media Solutions Ltd. The client understands that they have rights only to web publication and other design materials. Any other reproduction by means of printing and/or transferring to other media may be considered copyright infringement. Copyrights may be purchased outright by the client or subject to limited use. The client also understands that all works, expressly marked or not, are protected by copyright laws. Mogashi Media Solutions Ltd. will take no responsibility for ensuring material supplied by the client has been authorized for reproduction. The client further warrants that they either own or have properly licensed/obtained copyright(s) or copyright permission to any work which they have supplied for use/reproduction, and the client agrees to assume full legal and financial responsibility for any copyright suit or action which may take place regarding materials they have supplied.

 

OFFENSIVE/LIBELLOUS MATERIAL

The client will not use our website, nor any other service provided by Mogashi Media Solutions Ltd. to publish any material that may be construed as Defamatory, Offensive or Libellous to any other third party. Mogashi Media Solutions Ltd. shall not be held liable for any material published through its services. Mogashi Media Solutions Ltd. maintains full indemnity from any claims arising from any defamatory, obscene material, or any other breach of rights on the clients sites. The client is fully responsible for all contents: written text, graphics and so forth on their Website. Mogashi Media Solutions Ltd. will not undertake to monitor or control client data in respect to any content therein. Furthermore, the client agrees to indemnify Mogashi Media Solutions Ltd. in respect of any claims brought against Mogashi Media Solutions Ltd. arising from the content on their website or use of any other services, whether it be for defamatory comments, infringements of rights, or any other offence.

 

OWNERSHIP

The client understands that all files, web pages, graphics and programming works, branding information, except those provided by themselves, are the property of Mogashi Media Solutions Ltd. until any and all fees are paid in full at which time the client retains ownership. In the case of any programming (scripting) work, which includes woocommerce, plugins and the like. The client understands that they do not have any rights to duplicate, resell or give away any programs created by Mogashi Media Solutions Ltd. Programs created by Mogashi Media Solutions Ltd. may not be used on other websites unless purchased by the client outright or given permission via email and not verbal permission.

 

PAYMENT

Mogashi Media Solutions Ltd. request the following based on the service provided.

  • A non-refundable deposit of 60% of the estimated web design/ development cost shall be paid before any work commences. The remaining 40% shall be paid within 30 days from the date of the initial non-refundable deposit.
  • All graphic design work shall be paid in full and is non-refundable. Work commences after the full payment is received and cleared.
  • All branding services shall be paid in full before any work or research begins. This is non-refundable and non-transferable.

Mogashi Media Solutions Ltd. terms of engagement are strictly payable upon receipt of invoice. Mogashi Media Solutions Ltd. reserves the right to remove any website content without notice if the 40% payment is unfulfilled within the set given timeframe, 30 regular days including workdays and weekends.

 

LOSS OF EARNING

Mogashi Media Solutions Ltd. will not be held liable for any loss of business incurred due to the failure of any of its services. This includes, but is not restricted to, loss of turnover, sales, revenue, profits or indirect consequential or special loss. No other claims will be entertained. Mogashi Media Solutions Ltd. will not be held responsible for the fraudulent use, or any other misuse, of any material held on our computers, in particular any Credit Card information held thereon.

 

PORTFOLIO

To maintain our portfolio credentials, and the integrity of any applicable copyrights, Mogashi Media Solutions Ltd. maintains the right to place our credentials on the client’s website which will link back to Mogashi Media Solutions Ltd. website. Mogashi Media Solutions Ltd. also maintains the right to reproduce the client’s website in our portfolio and in any marketing materials.

 

EMAIL DISCLAIMER

All Mogashi Media Solutions Ltd. emails contain proprietary information, some or all of which may be legally privileged. They are for the intended recipient only. If an addressing or transmission error has misdirected these emails, the sender should be notified immediately. If you are not the intended recipient you must not use, disclose, distribute, copy, print or rely on this email.  The views expressed in any Mogashi Media Solutions Ltd. email are those of the author and do not necessarily reflect the views of Mogashi Media Solutions Ltd.