T's & C's

Mogwai Media Ltd – Terms of Service

Effective Date: 1st April 2018

Last Ammended : 1st April 2025 

Business Name: Mogwai Media Ltd
Website: www.mogwaimedia.com
Email: info@mogwaimedia.com

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By using our services or accessing our website, you agree to the following Terms of Service. These terms establish a legally binding agreement between you (the “Client”) and us, Mogwai Media Ltd (“we”, “our”, or “us”).

 

1. Definitions

• “Services” refers to all products and services provided by Mogwai Media Ltd, including but not limited to website design and development, hosting, branding, graphic design, photography, videography, and strategic consultations.

• “Client” means any individual, business, or entity engaging with Mogwai Media Ltd for the provision of services.

 

2. Scope of Services

2.1. The specifics of each project (including deliverables, pricing, and timelines) are outlined in a proposal, invoice, or written agreement prior to commencement.

2.2. Our core services include (but are not limited to):

• Website design and development

• Hosting and technical support

• Brand identity development and graphic design

• Commercial, lifestyle, editorial, and event photography

• Visual branding strategy and consultation

 

3. Project Process & Deliverables

3.1. Websites: Upon project completion and approval, admin access will be transferred to the Client. The Client is responsible for site maintenance unless a maintenance agreement is in place.

3.2. Design & Branding: Final files will be delivered in appropriate formats (e.g. PDF, PNG, SVG). Additional revisions beyond the agreed scope may incur extra fees.

3.3. Photography: Final edited images will be provided in high-resolution digital formats. Raw files are not supplied unless agreed in writing.

 

4. Revisions & Approvals

4.1. Each project includes a set number of revision rounds as defined in the agreement. Additional changes may incur extra charges.

4.2. Final approval is required before any launch or delivery. We are not responsible for errors or omissions identified after approval.

 

5. Hosting Services

5.1. If you host your website with us via WIX:

• Hosting includes secure servers, routine backups, and performance monitoring.

• Uptime is targeted at 99.9%, excluding planned maintenance or external issues.

• Content updates and plugin maintenance are not included unless under a maintenance contract.

 

6. Accessibility

We strive to build websites that meet WCAG 2.1 AA standards at launch. However:

• We are not liable for accessibility issues that result from client changes or third-party integrations after handover.

• Accessibility audits are only provided if specifically agreed upon.
  Please refer to our [Accessibility Statement] for more details.

 

7. Intellectual Property & Usage Rights

7.1. The Client retains rights to all materials they provide.

7.2. Mogwai Media Ltd retains ownership of all creative and technical work until full payment is received. After payment:

• The Client is granted a non-exclusive license to use the final deliverables as agreed.

• We reserve the right to showcase completed work (excluding confidential projects) in our portfolio and marketing materials.

7.3. The Client is responsible for securing appropriate licenses for any third-party materials supplied for the project.

 

8. Third-Party Services & External Apps (Including Wix)

8.1. Websites may include third-party applications, widgets, or integrations (e.g. Wix Apps, booking platforms, ecommerce tools).

8.2. We are not responsible for the performance, security, or legal compliance of third-party services or content. This includes, but is not limited to:

• Functionality errors or outages

• Privacy or data protection failures

• Licensing issues related to apps, fonts, or tools installed via Wix or external platforms

8.3. Clients are responsible for any recurring costs, licensing terms, and usage agreements related to third-party services unless otherwise specified in the service agreement.

 

9. Data Protection & GDPR

9.1. We respect your privacy and aim to ensure your website or marketing materials comply with relevant data protection laws, including the UK GDPR, at the time of delivery.

9.2. However:

• Ongoing compliance (e.g. cookie banners, privacy policy updates, data storage) is the responsibility of the Client unless explicitly contracted otherwise.

• We are not responsible for legal or financial liabilities resulting from the misuse or mishandling of user data by the Client post-handover.

9.3. We recommend that Clients seek legal advice to ensure full data compliance based on their use of the website and services.

 

10. Payments & Fees

10.1. All payments must be made according to the agreed schedule and within 30 days of the invoice date unless otherwise specified.

10.2. Late payments may result in:

• Service suspension

• Late fees or interest (up to 8.75% per day or as permitted by law)

• Withholding of final deliverables

10.3. Prices are quoted exclusive of VAT unless otherwise stated.

10.4. No refunds are issued for completed work or partially completed projects unless explicitly agreed in writing.

 

11. Client Responsibilities

11.1. The Client must:

• Provide necessary materials and feedback in a timely manner

• Ensure content supplied is lawful and does not infringe on third-party rights

• Assume responsibility for the accuracy and legality of all provided materials

 

12. Confidentiality

Both parties agree to keep all confidential information and trade secrets disclosed during the project strictly confidential during and after the engagement.

 

13. Liability & Indemnity

13.1. Mogwai Media Ltd is not liable for:

• Loss of income, business, or data

• Technical issues caused by third-party software or client alterations

• Content supplied by the Client

13.2. The Client agrees to indemnify Mogwai Media Ltd against any claims or legal actions arising from their use of the services or materials provided.

 

14. Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our control. This includes, but is not limited to, natural disasters, illness, equipment failures, labour disputes, internet outages, and disruptions caused by third-party providers.

 

15. Cancellation & Termination

15.1. Either party may terminate a project or ongoing agreement with 30 days’ written notice.

15.2. Fees for work completed up to the point of termination remain payable. No refunds are issued for prepaid services beyond the current billing cycle.

 

16. Changes to Terms

We may update these terms periodically. Continued use of our services after updates constitutes acceptance of the new terms. Clients will be notified of significant changes.

 

17. Contact

For any questions about these Terms of Service, please contact:

Mogwai Media Ltd
📧 info@mogwaimedia.com
🌐 www.mogwaimedia.com