Terms of Use

Please carefully read the following terms and conditions.
Your purchase or use of our products implies that you have read and accepted these terms and conditions.

Copyright

All Logos, Trademarks and Names are owned and belong to their respective owners. Each of the foregoing described marks is protected by the laws of the United States of America and may be protected by and/or registered under the laws of other countries and jurisdictions.


The Terms and Conditions of Sale

The Terms and Conditions of Sale ("Agreement") contained herein constitutes the entire agreement between MoFidelityWebDesigns ("MoFidelityWebDesigns") and you ("Customer"). MoFidelityWebDesigns will not be bound by any terms of Customer's order. No form of acceptance except MoFidelityWebDesigns written acknowledgment mailed to Customer, or MoFidelityWebDesigns commencement of performance shall constitute valid acceptance of Customer's order. Any such acceptance is expressly conditioned on assent to the terms hereof and the exclusion of all other terms. Customer shall be deemed to have assented to the terms hereof, whether or not previously received, upon accepting delivery of anything shipped by way of MoFidelityWebDesigns. If tender of these terms is deemed an offer, acceptance is expressly limited to the terms hereof.

1. PRODUCTS

1.1 "Products" shall mean any products identified on: (a) MoFidelityWebDesigns then current applicable price list; (b) any of MoFidelityWebDesigns proposals or quotations; or (c) any of MoFidelityWebDesigns invoices.

2. ORDERS

Customer shall purchase Products by issuing an electronic purchase order sent by an authorized representative, indicating specific Products, quantity, price, total purchase price, and any other special instructions. Any contingencies contained on such order are not binding upon MoFidelityWebDesigns. MoFidelityWebDesigns will accept or reject orders according to its then-current process. All orders are subject to acceptance by MoFidelityWebDesigns.

3. DELIVERY

3.1 Delivery dates will be established by MoFidelityWebDesigns upon receipt of orders from Customer.

3.2 Customer grants MoFidelityWebDesigns a security interest in Products purchased under this Agreement to secure payment for those Products purchased. If requested by MoFidelityWebDesigns, Customer agrees to execute financing statements to perfect this security interest.

4. PRICES AND PAYMENT

4.1 Prices for Products are quoted in US dollars.

4.2 All stated prices are exclusive of any taxes, fees and duties or other amounts.

4.3 All payments shall be made by credit card via paypal acceptable to MoFidelityWebDesigns.

4.4. Our Preferred Payment Schedule

  • 30% on sign-up (secure the spot)
  • 30% on sign-off of creative design
  • 30% on sign-off of working site (preview)
  • 10% balance due on go-live

The initial down-payment of 30% helps to separate the serious clients from the "non-serious clients" who want our skills, but don’t see the same value in them as we are. 

The initial payment secures time in our calendar for work to start. We’ll do as many design iterations as are needed to get a good result: When the client agrees that the design is broadly fit for purpose, we mark the milestone with a formal design sign-off. Attaching a 2nd payment to that milestone helps clearly mark and formalize the design sign-off step. At this point, we say the client owns the design assets (they’re 60% paid-up after all), and we can proceed to production.

When we’ve built all the site (usually on our server), and the site is about ready to be transferred to the client’s server, we make a further 30% payable, bringing the client’s investment to 90% of the total. Only when the payment is made do we proceed with the launch procedure. At that point, the client owns all the graphics and original assets for the project.

The final 10% formally marks the completion of the project.

5. SOFTWARE LICENSES

5.1 All Products shall be subject to all accompanying licenses respecting any software contained therein or shipped therewith, and, if any, and Customer agrees to comply with the terms and conditions of any such licenses.

6. WARRANTY AND RETURNS

6.1 Notwithstanding any other provision hereof, Customer's sole and exclusive warranty for the Products sold hereunder are set forth in the product Manufacturer's Limited Warranty Statement applicable to and/or delivered with the Products. MoFidelityWebDesigns makes no warranty commitment of any nature or kind whatsoever for or on behalf of any Products purchased hereunder.

6.2 In no event shall MoFidelityWebDesigns or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer under this Agreement. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.

6.3 IN NO EVENT WILL MoFidelityWebDesigns BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT EVEN IF MoFidelityWebDesigns HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. INTELLECTUAL PROPERTY LIMITATION OF LIABILITY

7.1 MoFidelityWebDesigns shall have no liability for any claim, suit or proceeding brought against Customer based on a claim that any Product supplied hereunder infringes any copyright, patent, or other intellectual property right in the United States or any other country .

7.2 THE FOREGOING STATES THE ENTIRE OBLIGATION OF MoFidelityWebDesigns WITH RESPECT TO INFRINGEMENT OF PROPRIETARY RIGHTS AND MoFidelityWebDesigns DISCLAIMS, ALL WARRANTIES OF NONINFRINGEMENT WITH RESPECT TO THE PRODUCTS.

8. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING ELSE HEREIN, EXCEPT FOR CLAIMS OF PERSONAL INJURY OR DEATH, ALL LIABILITY OF MoFidelityWebDesigns UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO MONEY PAID TO MoFidelityWebDesigns UNDER THIS AGREEMENT AND IN THE CASE OF DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE OR INFRINGING PRODUCT, SHALL, UNDER ANY LEGAL OR EQUITABLE THEORY, BE FURTHER LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.

9. CONSEQUENTIAL DAMAGES WAIVER

IN NO EVENT SHALL MoFidelityWebDesigns BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF MoFidelityWebDesigns HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGEs.

10. Changes to Terms of Use

We can revise or change these Terms (in whole or in part) from time to time and at any time without notice to you.