Terms and Conditions


These terms and conditions constitute an agreement

BETWEEN:

  1. moxeygrafix™  ('moxeygrafix™') and

      (2)              the client ('Client').

WHEREAS:

  1. moxeygrafix™ is a reller of website hosting services offering these facilities to clients and has access to all appropriate hardware connected to the World Wide Web via the internet.
  2. The Client wishes to use moxeygrafix™'s Service to host its website on the Hosting Hardware made available to moxeygrafix™ under these terms and conditions.

IT IS AGREED as follows:

1.   Definitions and Interpretation

    1. Under these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

"Account"   means the details of the Client that are required and held by moxeygrafix™ to facilitate the provison of the Service to the Client including, but not limited to, identification and location details, payment details, username and password, and details of the Service provided to the Client;

 

"Business Day"  means a day (that is not a Saturday or Sunday) on which banks are open for business in the United States.;

 

"Client Website"  means the website that moxeygrafix™ is hosting for the Client and refers to all parts of that website including, but not limited to, component files and related services such as email;

 

"Fee"  means the sum payable by the Client to moxeygrafix™ in order to make use of moxeygrafix™'s Service;

 

"Hosting Hardware"  means all computer and networking equipment made available to moxeygrafix™ is the provision of the Service including, but not limited to, servers and network infrastructure;

 

"Hosting Package(s)"  means the Service package(s) described on moxeygrafix™'s website;

 

"Hosting Software"  means all software made available to moxeygrafix™ in the provision of the Service;

 

"Order"  means an order place by the Client with moxeygrafix™ for the provision of the Service which shall contain details of the Client's Hosting Package(s); and

 

"Service"  means the collective components of moxeygrafix™'s website hosting Service which includes, but is not limited to, the provision of bandwidth, website, storage, software, and email accounts in combination with the Hosting Package(s) and can refer either to those components as a whole or to specific parts as the context may require.


2.  The clause headings used under these Terms and Conditions are used for convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions.


  1. Service
    1. Once the Client's Order has been placed and processed, moxeygrafix™ will use its best and reasonable endeavours to commence provision of the Service as soon as reasonably possible, typically within two business days.  In any event, the provision of the Service will commence no later than 15 Business Days after completion of the Order.
    2. In the event the provision of the Service is delayed by more than 15 Business Days from completion of the Order, moxeygrafix™ will contact the Client, giving the Client the option of waiting for a further 15 Business Days or canceling the Order and receiving a full refund of any fees paid for Hosting, but not in respect of any fees made for payment of Domain Name registration (the Domain Name, once purchased, shall remain under the ownership of the Client).  In the event of further delay, the process in this sub-clause 2.2 shall be repeated.
    3. moxeygrafix™ is under no obligation to provide any Service that is not set out in the Hosting Package(s).
    4. moxeygrafix™ may, at its sole discretion, alter, improve or otherwise modify the Service provided that any such change will not significantly alter the provision of the Service to the Client or result in the removal of any features or service that form part of the Hosting Package(s).  In the event of any planned changes requiring the Client to make any changes on their part, the Client will be notified by email, by using the email address that moxeygrafix™ has on record no later than 15 Business Days in advance of such planned changes and will receive full documentation of any action require on their part.  No alterations to the Service shall affect the Fees payable by the Client.
    5. Notwithstanding the provisions of sub-clause 2.4, moxeygrafix™ may take any action necessary to address any problems with the Service without any prior notice to the Client.  If such faults or remedial action results in an interruption to the provision of the Service, moxeygrafix™ will use its best and reasonable endeavours to inform the Client by email, by using the email address that moxeygrafix™ has on record, in accordance with the provisions of clause 3 of these Terms and Conditions.
    6. moxeygrafix™ will carry out work only where an agreement is provided either by email, telephone, mail or fax. moxeygrafix™ 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 moxeygrafix™ and the client, this includes telephone and email agreements.
  2. Availability of Service
    1. moxeygrafix™ will use its best and reasonable endeavours to ensure that the Service is provided to the Client on a constant, uninterrupted basis throughout these Terms and Conditions.
    2. Notwithstanding sub-clause 3.1, moxeygrafix™ shall not be liable to notify the Client about Hosting Hardware or software downtime or interruptions to the provision of the Service where such downtime or interruptions last for no more than 48 hours.
    3. Where the Service is unavailable for more than 48 hours, moxeygrafix™ will use its best and reasonable endeavours to contact the Client by email, by using the email address that moxeygrafix™ has on record, and provide reasons for the interruption or, where there is not possible due to an undiagnosed problem, state that the problem is undiagnosed but is being investigated.
    4. Where the provision of the Service is interrupted through the fault of any third party, moxeygrafix™ shall bear no responsibility or liability whatsoever.
  3. Fees and Payment
    1. Fees for the Hosting Package(s) offered by moxeygrafix™ are published on moxeygrafix™'s website.  All charges payable by the Client shall be in accordance with the information published.
    2. On all websites $900 or more, moxeygrafix™ will require Client to pay 50% deposit upon ordering and the other 50% upon completion. For all orders under $900 the Client must pay 100% at the time of order. Client will be expected to pay monthly fees in accordance with the agreement unless otherwise noted.
    3. moxeygrafix™ may at any time change the price of its Hosting Package(s).  Any change in fees will be reflected in subsequent renewals of Service provision.  moxeygrafix™ reserves the right to continue charging old fees for renewals where the new fee is higher. As a courtesy to customers, moxeygrafix™ offers a monthly email reminder 48 hours before scheduled billing is to be deducted. If payment is not received it may result in an interruption of services.
    4. The Client may, at any time, change their Hosting Package, if other Hosting Package(s) are being offered by moxeygrafix™.  If the Client chooses to move to a higher-priced Hosting Package, then moxeygrafix™ will invoice for the difference in price for the remaining days in the current billing cycle and will continue to invoice at the higher price for the remainder of the Service; if the Client chooses to move to a lower-priced Hosting Package, moxeygrafix™ will not refund monies for the difference in price for the remaining of the current billing cycle, but will invoice at the end of the cycle with the lower price for the remainder of the Service.
    5. Where moxeygrafix™ offers 'free upgrade to more capacity, upon request on any of its Hosting Package(s), the granting of this free upgrade shall be at the sole discretion of moxeygrafix™.
    6. All fees payable by Client to moxeygrafix™ shall be paid in full, without set off or deduction.  moxeygrafix™ reserves the right to suspend the Service or cancel the Client's Order if fees are not paid on or before the due date.
  4. Changes to these Terms and Conditions
    1. moxeygrafix™ reserves the right to change these Terms and Conditions and all other terms and conditions and policies which may affect Clients in order to comply with changes in the law.
    2. The Client will be informed, by an email sent to the email address that moxeygrafix™ has on record, of any significant changes and shall be deemed to be bound by them 1 calendar month after receiving the notice.
    3. If the Client does not agree to be bound by the changes they may terminate their Hosting Package.
  5. Client Undertakings and Obligations
    1. The Client may not use the Hosting Service provided by moxeygrafix™ for any unlawful or otherwise inappropriate purpose.  This includes, but is not limited to:
      1. Distribution of viruses, spyware, malware, or any other form of code designed to cause harm or nuisance to hardware or software or to obtain data without consent;
      2. Distribution of pirated material including, but not limited to software, movies, music and written works; and
      3. Distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities.
    2. The Client may not use their website to link to any other sites or systems hosting any material described in sub-clause 6.l
    3. The Client will monitor and supervise any and all third party activity on their website (including communications systems such as forums).  Any third party activity that may fall within the provisions of sub-clause 6.1 must be stopped or removed, as appropriate.
    4. The Client must ensure that any an all activity conducted through the Client's Website in relation to the collection of personal information complies with the provisions of the Data Protection Act 1998.
    5. The Client must ensure that any and all activity conducted through the Client's Website in relation to selling complies with the provisions of the Distance Selling Regulations.
    6. The Client is responsible and accountable for all activity relating to their website and the Service that is carried out by third parties on their behalf.
    7. The Client will use its best and reasonable endeavours to supply all information required to facilitate the provision of the Service to moxeygrafix™ in a timely fashion.
    8. All files pertaining to the hosting agreement are backed up upon completion. The Client may request a new backup of their files. All websites containing databases are backed up at the end of each month. It is the responsibility of the Client to insure that Client data, component file or other material stored as part of the Hosting Package are backed up as necessary.
    9. It is the responsibility of the Client for the configuration/reconfiguration of Client hardware and/or software for the purpose of using the Hosting Package(s)
  6. Intellectual Property and Proprietary Rights
    1. The Client will not acquire ownership rights over any of moxeygrafix™'s Intellectual Property in or in relation to the Service or in relation to any other property owned by moxeygrafix™.
    2. moxeygrafix™ will not acquire ownership rights over any of the Client's Intellectual Property in the Client's website or any other material belonging to the Client.
    3. The Client agrees to fully indemnify moxeygrafix™ against all costs, expenses, liabilities, losses, damages, claims and judgments that moxeygrafix™ may incur or be subject to as a result of the infringement of any Intellectual Property infringement owned by third parties arising from:
      1. The Client's failure to obtain the necessary rights and permissions from third parties in order to enable moxeygrafix™ to legally provide the Service;
      2. The provision of the Service by moxeygrafix™ based on information and material provided by Client.

8.              Liability

    1. Subject to Clause 3 and sub-clauses 8.2 and 8.3 moxeygrafix™ shall not be liable to the client or to third parties for:
      1. Any losses resulting from interruptions or downtime to the Service.
      2. Any inability on the part of the Client to sue the Service including, but not limited to, inability to configure/reconfigure Client hardware and/or software for the purpose of using the Service;
      3. Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet;
      4. Any damage or loss resulting from the loss or corruption of any Client date, component files or other material stored as part of the Hosting Package (it is the responsibility of the Client to insure that backups of such, component files or material are made as necessary).
    2. Nothing in this Clause shall exclude the liability of moxeygrafix™ for death or personal injury resulting from moxeygrafix™'s negligence or that of its employees or agent's.
    3. Nothing in this Clause or its Terms and Conditions shall exclude the liability of moxeygrafix™ for fraudulent misrepresentation.
  1. Warranty Disclaimer

Subject to the provisions of these Terms and Conditions, moxeygrafix™ gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.

  1. Indemnity
    1. The Client will full indemnify moxeygrafix™ against all costs, expenses, liabilities, losses, damages and judgments that moxeygrafix™ may incur or be subject to as a result of any of the following:
      1. The Client's misuse of the Service;
      2. The Client's breach of these Terms and Conditions;
      3.   The Client's negligence or other act of default;
      4.   The Activities of third parties conducted on the Client's website using facilities such as blogs, forums and chat.
  2. Force Majeure
    1. Neither moxeygrafix™ nor the Client shall be liable for breaching these Terms and Conditions where that breach results from Force Majeure.
    2. Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of god; acts of war; acts of terrorism; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.
  3. Term and Termination
    1. The initial period of Service provision will commence on the date that the Hosting Package9s) facilities are made available to the Client.  This term shall last until the Client provides 30 day notice and cancels their services, subject to the termination provisions below and to the canceling and refund provisions of sub-clause 2.2 of these Terms and Conditions. 
    2. moxeygrafix™ reserves the right to terminate the Client's Hosting subscription or to suspend the Service in the following circumstances:
      1. If the Client fails to pay fees due under Clause 4 of these Terms and Conditions;
      2. If the Client is in breach of these Terms and Conditions;
      3. If the Client becomes the subject of a voluntary arrangement under Section 1 of The Insolvency Act of 1986;
      4. If the Client is unable to pay its debts within the definition of the Section 123 of the Insolvency Act of 198t; or
      5. If the Client has a receiver, manager, administrator or administrative receiver appointed over all or a substantial part of its undertakings, assets, or income; has passed a resolution for its winding up; or is the subject of a petition presented to a court for its winding up or for an administrative order.
    3. The Client may request the termination of the Service and these Terms and Conditions by written notice in the form of an email (or letter), 1 month in advance, supplying their account details, e.g., username, password, account name, etc.  (moxeygrafix™ will follow this email up to check its validity).  The following shall apply to such situations;
      1. If the Client wishes to terminate during the period of Service provision the Service will end immediately, although all fees paid for the period of Service will not be refunded.  The issuing of refunds for the Hosting Service is a the sole discretion of moxeygrafix™.
      2. In any event, refunds will not be made to the Client in respect of the purchasing of any Domain Name(s) associated with the Hosting Package(s) (the Domain Name shall remain under the ownership of the Client).
    4. On termination of the Service and these Terms and Conditions, moxeygrafix™ will remove the Client's Website and all related material from the Hosting Hardware, and will not be held responsible for any loss or damage due to the removal of such material.
  4. Assignment

13.1 moxeygrafix™ reserves the right to assign or otherwise transfer any rights or obligations under these Terms and Conditions.

    1. The Client may not assign or transfer any of its rights or obligations under these Terms and Conditions without the prior written consent of moxeygrafix™.
  1. Severance

In the event that any provision of these Terms and Conditions are found to be invalid or otherwise unenforceable for any reason, the remaining provisions shall continue in full force without being impaired or invalidated in any way.  The waiver by either party of any provision of these Terms and Conditions will not operate or be interpreted as a waiver of any other provision or a subsequent breach of any provision.

  1. Law and Jurisdiction

These Terms and Conditions are governed and interpreted by the laws of the State of Arizona. Any dispute relating to these Terms and Conditions shall fall within that jurisdiction.             





Other Important Terms and Conditions


Website Design
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, moxeygrafix™ cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of moxeygrafix™ until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by moxeygrafix™ remain the copyright of moxeygrafix™ and may only be commercially reproduced or resold with the permission of moxeygrafix™.

moxeygrafix™ 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.

Any additions to briefs provided will be carried out at the discretion of moxeygrafix™ and where no charge is made by moxeygrafix™ for such additions, moxeygrafix™ accept 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 to make available as soon as is reasonably possible to moxeygrafix™ all materials required to complete the site to the agreed standard and within the set deadline.

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

moxeygrafix™ 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. eg. Any disputes re content/images that have been provided to us for inclusion on the site. 

moxeygrafix™ 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.

moxeygrafix™ 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 deposit of 50% is required with any standard project $900 or more. This figure may be higher for websites of an adult nature and is non-refundable. 

Once a website 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 site, 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. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required. 

Database, Application and E-Commerce Development
moxeygrafix™ 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, applications or software (unless specifically agreed) written by moxeygrafix™ remain the copyright of moxeygrafix™ and may only be commercially reproduced or resold with the permission of moxeygrafix™.

Where applications or sites are developed on servers not recommended by moxeygrafix™, 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 moxeygrafix™ before being made generally available for use. Where "bugs", errors or other issues are found after the site is live, moxeygrafix™ will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief

Compatibility
moxeygrafix™ 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 7 and to an acceptable level with Mozilla browsers. moxeygrafix™ can offer no guarantees of correct function with all browser software.

Website Hosting
Whilst moxeygrafix™ recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by moxeygrafix™ 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.

moxeygrafix™ reserve 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 free hosting service should the necessity arise.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the moxeygrafix™ policy that any outstanding accounts for work carried out by moxeygrafix™ 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 moxeygrafix™.

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 moxeygrafix™ have not been contacted regarding the delay, access to the related website 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 judgements (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 moxeygrafix™ should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

moxeygrafix™ 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 moxeygrafix™, 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.