Website Terms of service.
Website Terms of Service
Welcome to Modern Connection, a website design and digital business located in Edinburgh, Scotland, United Kingdom. By accessing or using our website or services, you agree to be bound by the following terms and conditions ("Terms of Service"). Please read these Terms of Service carefully before using our website or services.
Introduction These Terms of Service apply to all users of our website and services, including clients, customers, and visitors. By accessing or using our website or services, you agree to these Terms of Service and our Privacy Policy, which is incorporated by reference into these Terms of Service.
Services We provide website design, digital, and business services to our clients, which may be provided on a project basis, on an ad-hoc hourly basis, or under an ongoing maintenance and support retainer. We will provide you with a detailed proposal outlining the scope of work, timeline, and fees for the specific services you require. We reserve the right to refuse service to anyone for any reason at any time.
Fees and Payment We will provide you with a detailed proposal outlining the fees for the services you require. Once the work has been agreed upon, a 50% deposit is required before we begin work on your project. We accept payment via bank transfer, PayPal or credit/debit card. All fees are non-refundable.
Intellectual Property All intellectual property rights in the website design, app development, and other digital services we provide, including all underlying proprietary code, functions, and development processes, belong to us. Upon final payment, we grant you a non-exclusive, perpetual license to use the completed website, app, or other digital product for your personal or business use. This license does not transfer ownership of the underlying intellectual property, which we retain the right to reuse, modify, and distribute for any purpose. You may not reproduce, modify, distribute, or create derivative works from our website development, app development, or digital services without our prior written permission.
Post-Launch Services, Maintenance, and Security
Project Completion: Upon final delivery and payment for a project, our primary development obligations for that project are complete. You, the Client, are responsible for the ongoing security, maintenance, updates, and backups of the website or application. We are not liable for any security breaches, data loss, or other issues that occur after a project has been handed over.
Ad-Hoc Hourly Work: If you engage us for additional work without a formal maintenance retainer, these services will be provided and billed on an hourly basis. Our liability for any such work is limited to the fees paid for that specific service. We are not responsible for the ongoing security of the entire website or application during this time, and the responsibility for regular updates and backups remains with you.
Maintenance and Support Retainers: For clients on a signed maintenance and support retainer, a separate agreement will define the specific scope of work and our corresponding responsibilities. While we will make commercially reasonable efforts to perform the agreed-upon services, we cannot guarantee that the website or application will be completely immune from all security incidents, hacking, or data breaches. The Client remains responsible for the integrity of their own data, including maintaining separate backups and using strong passwords.
Confidentiality We will keep your project details and any confidential information you provide us confidential, and we will not share it with any third party without your consent, except as required by law.
Limitation of Liability In no event shall Modern Connection be liable for any indirect, special, incidental, or consequential damages. Our total liability for any and all claims arising out of or in connection with these Terms of Service, whether in contract, delict (including negligence), or otherwise, is strictly limited to the greater of: (a) the amount you paid us for the specific service giving rise to the claim; or (b) a maximum aggregate amount of £500. This limitation applies to all claims, including those related to security breaches or data loss.
Indemnification You agree to indemnify, defend, and hold us harmless from any and all claims, damages, and expenses (including reasonable legal fees) arising out of or in connection with your use of our website or services.
Governing Law and Jurisdiction These Terms of Service will be governed by and construed in accordance with the laws of Scotland. Any dispute arising out of or in connection with these Terms of Service will be subject to the exclusive jurisdiction of the Scottish courts.
Changes to Terms of Service We reserve the right to modify these Terms of Service at any time without prior notice. By continuing to use our website or services after any modifications, you agree to be bound by the modified Terms of Service.
Contact Us If you have any questions or concerns about these Terms of Service, please contact us at hello@modernconnection.co.uk.
Thank you for choosing Modern Connection for your website design and digital needs.