Terms and Conditions

Last update: 30.01.2017
The following terms and conditions of MocalPcTec will be effective and admitted by the client. They are part of the contract.

01. Conclusion of Contract

The contract is effective after the client has placed an order and received a confirmation in written form.

02. Payment

  1. The invoice has to be paid according to the contract between MocalPcTec and the client. As soon as MocalPcTec received the billed amount, the service will be performed. The client is informed by Email.
  2. Payment conditions and deadlines for the website:
    • 50% in advance
    • 50% after finishing, but before launching the website.
    • Maximum 7 calendar-days after invoicing.
  3. Hosting with MocalPcTec:
    • Monthly or yearly payment.
    • Refer to contract with the client.
    • If the settlement of the monthly payment is five calendar-days overdue, the client will receive an Email reminder by MocalPcTec after ten calendar-days without receiving the monthly payment, MocalPcTec will temporary block the website, the payment will be the agreed amount plus a one-off fee of Rs 1000.

03. Contract Process

  1. MocalPcTec will work according to and within the framework of the contract and will keep client’s information confidential.
  2. The website design will be performed in milestones. Each milestone is presented to the client. For the completion of a milestone, the clients feedback is necessary. Changes to the agreed design and additional wishes will cause extra costs and will affect the deadline for launching the website. The client is in charge of the delay he caused.
  3. If the client purchases the domain name, he is fully responsible to regularly renew and settle the payments for the domain name. Until launching the website, the username and password of the domain name need to be communicated to MocalPcTec.
  4. If the client is not using MocalPcTec hosting service, the management, maintenance, and payment of the hosting service will be the full responsibility of the client. Until launching the website, the username and password of the hosting service need to be communicated to MocalPcTec.
  5. If the client is hosting the website under MocalPcTec, the responsibility to regularly renew, manage and maintain the hosting is completed by MocalPcTec. The client will not have access to the hosting service.

04. Duration of The Contract

  1. The website design contract is running until the last payment has been received and launching the website. It is not going to be extended automatically and does not need to be terminated.
  2. In case of a hosting contract: the contract is not ending till the client or MocalPcTec will withdraw the hosting contract in written form.

05. Withdrawal of The Contract

  1. website design: The client is canceling the agreement before launching the website, the advance payment of 50% will not be refunded. The client will not receive any data or files from the uncompleted website.
  2. hosting service: The withdrawal equals the termination of the contract. The client will receive the backup files from the website. Yearly contractors will get the difference to the twelve-month-payment back.

06. Data Delivery

The client is responsible for delivering complete, useful information, data and files. The client and MocalPcTec agree deadlines for data delivery. In case the client cannot meet the deadlines, the project and all other agreed deadlines will be affected and can be delayed. The client is in charge of the delay he caused.

07. Responsibility for Content

The client is fully and alone responsible for all content, parts, integrated parts and linked contents. He alone is guaranteeing for the legality of the content. The data, files and information must not violate against criminal regulations that harm human rights or harm children and youngsters morally.

08. Rights Covering the Delivered Data, Files and Information

The client assures to deliver data, files and information that are free of copyrights or data, files and information where the client is the owner of the usage rights and all other rights inclusively those to duplicate, spread, transmit, send, save and withdraw. All rights that are necessary to perform the contract, including those to transfer the rights to MocalPcTec for the time of the contract. Especially necessary and affecting photographs, videos, graphics, texts and logos.

09. Report of Deficiencies

The client has to examine the website immediately after launch. Deficiencies have to be reported within four weeks in written form. Refrains the client from reporting deficiencies, the website is accepted as it is.
Changes and wishes, that are reported after four weeks, will be billed.

10. Warranty

  1. No claims can be asserted if the website is not, partly or only in deficient quality because of reasons that are lying outside of the responsibility of MocalPcTec or cannot be represented by MocalPcTec like the following:
    • any failure of the website because of viruses, cyber-attacks, hacking and comparable ones
    • hard- or software caused dis-functionalities of the internet or system infrastructure of third parties
  2. MocalPcTec is not liable for loss, damage or corruption to files or information stored under MocalPcTec hosting. MocalPcTec will get the website back online, if possible by using the backup files. The timeframe for recovery cannot be determined.

11. References

Provided it has not been agreed in different form before the contract came to existence, the client allows MocalPcTec to use the project for reference and self-promotion.

12. Protective Clause

Existing terms and conditions of the client are not valid and will not be accepted. They are not part of the contract. Changes or additions concerning the contract become legally effective in written form.