“We”, “us”, “mor” and “MOR” refer to Maher O’Rourke Ltd trading as MOR with offices in Ireland and companies registration number 328973.
“You”, “customer” and “client” refer to the company or person entering into a contract for the supply of services by MOR.
Agreement of these Terms & Conditions
- Signing an order, issuing a PO and/or submitting the agreed commencement fee indicates full acceptance of these terms and conditions.
Pricing & Payment Terms
- Quotations and estimates are valid for 30 days from the date of issue unless otherwise agreed.
- A deposit payment or agreed stage payments are required with all orders. An invoice will be issued for each stage payment. Details will be agreed with you as part of a formal tender or as part of the final order form. Payments are refunded at the discretion of MOR.
- Completion invoice will be issued once the client agrees that the specified work has been completed.
- In case of dispute, client may hold 25% payment pending resolution but must submit any balance due as per terms agreed.
- The price of project is subject to change until the Information Architecture/Draft Design and final content and scope is agreed.
- If there is no activity on a project for more than 30 days due to a change in client circumstances or resources, an invoice for work to date will be issued.
- For design led projects up to three proofs are included in project costs, additional design time after that will agreed with you and billed at our current standard hourly rate, as required.
- All projects include a limited times for meetings, design and content inputting and MOR reserve the right to increase the cost of the project in line with the effort required should the number of meetings, design revisions or content entry exceed those limits.
- Payment Terms are strictly 30 days from the date of invoice. Failure to comply with these terms may result in delays to current project and delay the commencement of further work. Interest may be applied to overdue amounts at a rate of ECB reference rate plus 8 percentage points in addition recovery costs as per EU Late Payments in Commercial Translations Directive (Directive 2011/7/EU).
Copyright & Title
- All title and goods including artwork created for this project remain the property of MOR until full payment is received. At that point all copyright & title for artwork, code and documentation produced for you as part of this assignment will transfer to you.
- We are happy to provide all deliverables (artwork and source code) to you for your safekeeping as part of the final handover or within 90 days of the final invoice. You must request the deliverables within that time frame if this service is required. MOR do not guarantee to retain records and deliverables beyond that point unless otherwise agreed.
- The customer agrees to supply the required resources, content, access and decisions required in a timely fashion.
- The customer assumes all responsibility for assuring valid and legal copyright is validly held for all content (images, video, audio, text content) used in the production of the website/project.
- Use of some websites and content management systems that may be provided by MOR requires a certain level of knowledge in the use of Internet languages, protocols, and software. The level of knowledge required will vary depending on the need and usages of the customer’s system. The required knowledge may include general computer skills, use of internet browsers, manipulation of graphic files, web standards, web programming and scripting, database design and maintenance, knowledge of email, including how to access an email account or search engine optimisation. The customer agrees that it possesses sufficient knowledge to use the systems provided or to purchase and ensure relevant staff attend appropriate training courses.
- All services provided by MOR may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any Irish law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The customer agrees to indemnify and hold harmless MOR from any claims resulting from the use of the service which damages the customer or any other parties.
- Data protection, Email and Spam Policy. It is the customer’s responsibility to ensure the website, business practices and use of email is in compliance with all data protection and privacy laws applicable in all applicable jurisdictions. Use of MOR-supplied websites, email and hosting for sending spam is prohibited. Any use of this kind will result in service termination. It is the customer’s sole responsibility to ensure all electronic communications and retained data complies fully with all data protection legislation.
- Due to the inherent nature of how e-mail operates MOR can not guarantee the delivery of any e-mail. Email is for convenience communications only and should not be used for mission critical or time critical purposes.
Dispute & Customer Feedback
- In all cases should you have any feedback or reason to complain please do contact your account manager or the CEO, Louisa Maher. We value all feedback and will endeavour to resolve the issue where possible to your satisfaction.
Exclusions & Expenses
- Third party charges, including but not limited to, website hosting, data backup services, purchasing of images, photography and illustration are not included unless explicitly stated.
- Costs ongoing maintenance & support or other follow on services unless explicitly stated.
- Any unforeseen expenses or 3rd party fees will be confirmed with you in writing and invoiced to you once agreed.
- All 3rd party costs are subject to a 25% handling fee.
- MOR do not supply IT/Desktop support and in particular do not directly offer email services & support. We will recommend a suitable email service providers and/or liaise with you IT provider to facilitate e-mail and other IT setup as required.
- Backup services are not provided unless explicitly part of an order. Responsibility for backup of data is solely the customers. MOR keeps disaster recovery backups of certain snapshots of the project but these may not be complete (e.g. dynamic or user generated content may not be included). Please enquire should you wish to obtain a quotation for these services.
- Hosting, server patching and security and other specialised services are not provided unless explicitly part of an order. Responsibility for the security of servers is solely with you the customer. Please enquire should you wish to obtain a quotation or further information relating to these services.
- Delivery dates are agreed with you early in the project based on all required information & resources being available to us. Delivery dates are subject to change and cannot be guaranteed. We will keep you informed of and agree any schedule changes.
Warranty & Limited Liability
- MOR offers a 90 day warranty against all agreed defects in the deliverables for this project. Suspected defects should be reported to email@example.com where the cause will be investigated, confirmed and a full response issued. Resources from your organisation may be required in analysing and confirming a defect. You may escalate an issue to your account manager should you disagree with the outcome of the investigation.
- From time to time, as is industry practice, we use software that is provided under licence by 3rd party developers. This includes but is not limited ‘open source’ software such as content management systems, web servers, databases, software libraries, design frameworks and related components. MOR do provide assistance and advice on these components but do not offer any warranty for such components nor do we take any responsibility for any code therein. This software is provided “as is” and under the relevant 3rd party licence.
- The customer agrees to indemnify MOR for any and all claims arising from the content of the customer website. The customer is solely responsible for all content published on it’s website whether that content was published by MOR, the customer, users of the website or by any other means.
- MOR will not be responsible for any loss of turnover, sales, revenue, profits or indirect consequential, special loss or damage suffered. This includes loss of data resulting from delays, non- deliveries, mis-deliveries, or service interruptions caused by MOR’s negligence or the customer’s errors or omissions. Use of any information obtained via MOR is at your own risk. MOR is not responsible for customer data or information. Responsibility for user data backups lies with the customer. MOR specifically denies any responsibility for the accuracy or quality of information obtained through its services.
General Terms of Business
- MOR reserves the right to change its charges and pricing. Customers will be notified in advance of the effective date of the change either by email or by post.
- Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of relevant jurisdiction, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
- The customer agrees that MOR has the right to delete all data, files or other information that is stored on MOR’ servers if the customer’s account with the company is in default or if it is terminated, for any reason, by either MOR or the customer.
- Service provided by MOR may be cancelled in writing, giving 30 days notice, at any time with no penalty.
- These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of MOR’ services constitutes acceptance of these Terms and Conditions.