Terms & Conditions

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: United Kingdom

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to New Moon Agency.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Goods refer to the items offered for sale on the Service.

  • Orders mean a request by You to purchase Goods from Us.

  • Service refers to the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to New Moon Agency, accessible from https://www.newmoon.agency/

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Services Offered

Service levels

Once the contract has been concluded, we shall provide the services set out in the proposal (“Services”) in all material respects (including commencing to provide the Services no later than the start date specified in the Proposal) in accordance with the terms of the proposal and using all reasonable skill and care. We will, subject to the next paragraph, provide the Services in a timely fashion but any time deadline set out in the proposal is only an estimate. And time shall not be of the essence.

Payments

The proposal may specify that a deposit is required prior to work commencing. If so, work on providing the Services will not commence until deposit monies have been received and cleared. The deposit is required to hold officially book your work in our schedule, after this point, the company will not be accepting additional work during this time period unless otherwise allowed for in the schedule. As such, deposits are non refundable due to loss of income caused by cancellations. 

If a project is cancelled within the duration set out in the timelines, the work that has been completed will still be charged but once paid, there will be no further invoices.

All invoices are due to be paid within 30 days of the invoice date unless otherwise stated such as deposits.

Quotes

Any work quoted either through a proposal or other written form is a final cost for the work quoted outlined along with the price. This price will not change unless changes are made to the scope of the work, or due to changes from outside of our control e.g. due to a third party change.

Prices provided will be valid for 60 days from the clients receipt with the exception of reselling third party services where said third party increase their prices after the quote is provided but before 60 days have passed. After 60 days, the company reserves the right to amend the prices.

Change Requests

The company will always do their best to accommodate changes but in most cases these will have some impact on the quote or timescales that have been provided. In these situations, this will be communicated clearly with the client before the change is agreed. 

All additional work will be charged at the companies standard hourly rate.

Warranty

A 30-day warranty will be provided to fix any bugs found within work completed by the company. This only applies to functionality that does not work as outlined in project scope, or elements that do not appear as they do in the agreed designs. Please note that not all browsers have the same features which means that the site cannot always be 100% the same between different browsers/devices.

After the warranty period has ended, any changes or fixes that had not been previously reported will be charged at the standard hourly rate.

Force Majeure

We will not be regarded as in breach of our contract with you if our failure to perform in accordance with the contract terms is as a result of a circumstance beyond our reasonable control. Force majeure includes but is not limited to, accident, breakdown of equipment, fire, default of suppliers and subcontractors, compliance with any laws or regulations coming into force after commencement of the contract and our being unable to provide the Services except at increased prices due to any of the foregoing causes. If the force majeure continues for a period of 30 days or more both parties shall discuss in good faith ways in which to alleviate the situation (which will include the possibility of approaching a third party during the period of force majeure) or, if this is not possible, to terminate the contract, without either party sustaining any
financial liability other than your continuing to be liable to pay all outstanding fees and disbursements due to us up to the date of termination (including our costs in relation to contracts that cannot be cancelled or which cannot be cancelled without incurring an early termination penalty ).

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, your address.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order

Zero Tollorence

Respect is of the upmost importance to the company and it endeavour's to treat the client with the upmost respect at all times. The company expects the same in return. If at any point this trust is breached, the company reserves the right to terminate any services with the client immediately.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: david@newmoon.agency