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Terms & Conditions

Terms & Conditions of Business

These are the terms and conditions of business of MPSWORKS Ltd (Reg. No. 09012800) trading as HUB (“the Company”).

 

By clicking through these terms, or signing / agreeing / paying the Order (“Fee Estimate”) / Invoice to which they are attached, you are entering into an agreement (“the Contract”) with HUB to provide Services to you.

 

That agreement between us is comprised of these Terms and Conditions, the Fee Estimate and / or the Invoice to which they are attached or by which they are referenced, the AUPDPA, and Privacy Policy which are referenced herein, and any other terms, exhibits, schedules, or addenda which are referenced by any of the preceding (collectively the “Agreement” or “Contract”).

 

The Agreement sets forth the exclusive terms and conditions between the Parties and supersedes all previous proposals, agreements, negotiations, and other written or oral communications between the Parties with respect to the Services provided hereunder.

The Company, Fees and Contracts

Suppliers

Invoicing, Payment and Cancellation

Liability

11. The Company shall not be liable to the Client or be in breach of the Contract by reason of any delay, or failure in performing any of the Company’s obligations in relation to the services, if this was due to any cause beyond the Company’s reasonable control.

 

12. The Company shall not be liable to the Client or be in breach of the Contract by reason of search engine ranking performance of related domains, specifically decline or otherwise, or failure in performing any of the Company’s obligations in relation to the services, if this was due to any cause beyond the Company’s reasonable control.

Ownership and Copyright

13. The ownership of and sole rights in the Copyright of Designs and developmental source code shall be vested in the Company; these will pass over to the Client once an agreement has been entered into between the Company and the Client, and only after all invoices issued for agreed services have been paid in full.

Copyright for other original art (e.g. illustration, photography, video, typography) will remain that of the originating artist (MPSWORKS Ltd trading as HUB unless otherwise specified) unless buyout arrangements are made with the artist at the time of commission.

What does this mean?


Quite often we will create content for our clients that we retain the copyright and licensing to. The client pays for the time required to create these images, and for sole distribution in the channel that they have requested to create the content for e.g. a nominated website, or for web usage overall. If an additional distribution medium or channel is required e.g. print content, book, magazine, permission should be requested from us, and an additional fee may be required depending on the nature of the release.

The Company assumes the Client retains all relative third party rights and licenses in respect to the usage of content (image, video, audio, illustration, text), design asset (font, code library) or platform (CMS, CRM, ERP) when requesting use in or development for published materials, websites or applications, and will inform the Company where attribution is required. It is not the responsibility of the Company to provide such rights or licensing unless otherwise requested by the Client (such as the purchasing of stock photography), and the Company can not be held liable in event of non-disclosure of right or license.

14. The Company reserves the right to use any/all design work for its own promotional purposes.

15. The Contract shall be governed by the laws of England and the Client agrees to submit to the non-exclusive jurisdiction of the English Courts.

Warranty

16. All web and application development carries with it a 12-month fault-fixing warranty where all faults deemed as such will be fixed at no charge to the Client following launch, completion, pause or cessation. After the 12 month period, or following changes to the application by the Client or a 3rd party, the warranty will be deemed invalid. In the case where browser, framework or operating system cause a fault or change to the development, the fault will not be considered a bug, and will be registered as a new change request carrying the appropriate support fee.

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Contact

HUB
124 City Road
London EC1V 2NX

 

hello@hub.london