Effective Date: 22/10/2024

Welcome to Muir Technology. These Terms of Service ("Terms") outline the rules and regulations for using Muir Technology's services, including software development, web development, and web design. By engaging our services, you agree to the terms stated in this agreement. Please read these Terms carefully before entering into any agreement or using our services.

1. Definitions

• 1.1 'Developer': Refers to Muir Technology, located at 63 Monkwood Avenue, Wouldham, ME1 3SR, United Kingdom.
• 1.2 'Client': Refers to any individual or business entering into an agreement with Muir Technology for services.
• 1.3 'Services': Refer to software development, web development, web design, and related services offered by Muir Technology.

2. Services Provided

• 2.1: Muir Technology agrees to provide services such as custom software development, web development, and web design as per the specifications agreed upon with the Client.
• 2.2: The scope, deliverables, timeline, and costs for each project will be detailed in a separate agreement between Muir Technology and the Client, typically outlined in a Project Scope document.

3. Project Scope and Changes

• 3.1: A detailed description of the services and deliverables will be documented in the Project Scope attached to each individual agreement.
• 3.2: Any changes to the Project Scope after the agreement is signed must be requested in writing and may incur additional costs or extended deadlines.

4. Payments and Fees

• 4.1: The total project fee and payment schedule will be agreed upon in the Project Scope. Payments are typically divided into milestones, including an initial deposit, milestone payments, and a final payment before deployment.
• 4.2: Any third-party costs (e.g., domain names, hosting, third-party software) are the responsibility of the Client unless otherwise agreed.
• 4.3: Late payments may incur a 5% interest fee for every 30 days past due.

5. Intellectual Property Rights

• 5.1: Upon full payment, the Client will own the intellectual property rights to the web application, software, or designs developed under the agreement, including all code, designs, and content.
• 5.2: Muir Technology retains the right to showcase the work for promotional purposes with the Client’s prior consent.

6. Revisions

• 6.1: The Client is entitled to a specified number of revisions as outlined in the Project Scope. Any additional revisions will be charged at an agreed hourly rate.
• 6.2: Excessive revisions may lead to extended deadlines or additional charges.

7. Maintenance and Support

• 7.1: Monthly maintenance packages can be provided after the project is completed and deployed. These packages include regular updates, bug fixes, and performance optimizations.
• 7.2: The first month of maintenance is provided free of charge following deployment. Afterward, a monthly fee will apply.
• 7.3: The Client can terminate maintenance services with a 14-day written notice. Failure to pay for ongoing maintenance may result in suspension of services.

8. Confidentiality

• 8.1: Both Muir Technology and the Client agree to keep any proprietary or sensitive information confidential during the project and afterward. This includes business strategies, intellectual property, and personal data.
• 8.2: This confidentiality clause survives the termination of the agreement.

9. Warranties

• 9.1: Muir Technology warrants that the deliverables will function as intended and will be free from defects for a period of 30 days after delivery.
• 9.2: Any bugs or issues discovered within the 30-day period will be corrected at no additional cost to the Client.
• 9.3: Muir Technology will not be responsible for issues caused by third-party software, plugins, or services that are integrated into the project.

10. Limitation of Liability

• 10.1: Muir Technology shall not be liable for any indirect, incidental, or consequential damages related to the project or the services provided, including lost revenue, data loss, or third-party claims.
• 10.2: The total liability of Muir Technology shall not exceed the total fees paid by the Client.

11. Termination

• 11.1: Either party may terminate the agreement with written notice in the event of a material breach of the terms by the other party.
• 11.2: Upon termination, the Client will be responsible for paying for all services rendered up to the date of termination.

12. Governing Law

This agreement will be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

13. Dispute Resolution

• 13.1: Both parties agree to attempt to resolve any disputes related to this agreement through good-faith negotiation.
• 13.2: If the dispute cannot be resolved through negotiation, the parties agree to submit the matter to mediation before pursuing legal action.

14. Amendments

Any changes or amendments to these Terms must be made in writing and signed by both parties to be considered valid.

15. Entire Agreement

These Terms, along with any associated agreements and project documentation, constitute the entire agreement between the Client and Muir Technology and supersede all prior discussions, negotiations, or agreements.

For any questions or concerns about these Terms of Service, please contact Muir Technology at:

• Email: info@muirtechnology.co.uk
• Phone: 07715 938017