Terms of Service

01Company identity and these terms

This website and the services described on it are provided by MURTWEB LTD, a private company limited by shares registered in England and Wales under number 17370617, whose registered office is at 29 Buckingham Court, Wakefield, West Yorkshire, United Kingdom, WF1 5EN ("the Company", "we", "us").

These terms consist of two parts: Part A — Website terms (sections 2 to 6), which apply to everyone who uses this website; and Part B — Project engagement terms (sections 7 to 35), which apply where the Company provides services to a client.

02Purpose of this website

This website presents the Company's services, delivery process and anonymised project records, and allows visitors to submit an enquiry. It is not an online shop: no service can be purchased and no contract is concluded through this website.

Information on this website is an invitation to treat, not an offer capable of acceptance, and does not constitute professional advice on which reliance should be placed.

03Acceptable use of this website

You may view, download and print pages from this website for your own business purposes. You must not:

• use this website in any way that is unlawful, fraudulent or harmful, or in connection with any unlawful purpose;
• attempt to gain unauthorised access to this website, the server on which it is stored, or any connected system, or otherwise commit an offence under the Computer Misuse Act 1990;
• introduce malware, or conduct denial-of-service or similar attacks;
• systematically extract, scrape or re-use content in a manner that infringes the Company's rights, including database rights;
• use the enquiry form to send unsolicited advertising, spam or abusive content.

The Company may suspend or restrict access where it reasonably believes these provisions have been breached, and may report suspected criminal activity to the relevant authorities.

04Website content and availability

The Company aims to keep this website available and its content accurate, but gives no warranty that the site will be uninterrupted, error-free or free from viruses. The site is provided "as is" and access may be suspended, withdrawn or restricted at any time without notice, including for maintenance.

The anonymised project records published on this website describe relevant delivery experience and system types. They are illustrative of capability and scope. They are not a warranty, guarantee or representation that comparable functionality, scope, metrics or outcomes will be achieved on any future project, which depends on the requirements and constraints agreed for that project.

05Intellectual property in website content

All intellectual property rights in this website and its content — including text, layout, diagrams, graphics and underlying code — belong to the Company or its licensors and are protected by the Copyright, Designs and Patents Act 1988. Use of website content is permitted only as set out in section 3 or with prior written permission.

06Links to and from this website

Where this website links to a third-party site, the link is provided for convenience. The Company does not endorse and is not responsible for the content, availability or practices of external sites.

You may link to the home page of this website in a fair and lawful way that does not damage or exploit the Company's reputation. You must not frame this website on another site or suggest any association, approval or endorsement that does not exist.

07Scope of services

The Company provides custom software development, web application development, business process automation, API and system integration, software modernisation, IT consultancy and technical planning, and maintenance and support, as described on the Services page.

The scope of any particular engagement is defined exclusively by the applicable quote, service agreement or project contract, and not by the general descriptions published on this website.

08Enquiries, quotes and proposals

Submitting an enquiry places no obligation on either party. It opens a discussion that may lead to a quote.

A quote or proposal is an offer by the Company, open for acceptance for the period stated in it or, if no period is stated, for 30 days from its date, after which it lapses. A quote is based on the information supplied by the client at the time; if that information is materially incomplete or inaccurate, the Company may withdraw or revise the quote before acceptance.

09Formation of contract

A binding contract is formed only when the client accepts a quote, service agreement or project contract in writing (including by email confirmation), or when the Company confirms acceptance of a client's purchase order in writing.

Estimates, discovery discussions, drafts, informal messages and pre-contractual exchanges do not create a contract. Any terms put forward by the client (including in a purchase order or standard conditions of purchase) do not form part of the contract unless expressly accepted in writing by the Company.

10Order of precedence

Where there is a conflict between documents forming the agreement, the following order of precedence applies, unless expressly agreed otherwise in writing:

• the signed service agreement or project contract;
• the accepted quote or statement of work;
• these Terms of Service;
• any other document referred to in the above.

11Specification and scope

The functional and technical scope of a project is recorded in the agreed specification, statement of work or scope document, normally produced following the discovery and scope-definition stages described on the Process page.

Anything not expressly included in that document is outside scope. Work outside scope is handled as a change request under section 13.

12Client responsibilities

The client shall, at its own cost and in good time:

• provide accurate and complete information, materials, content and specifications reasonably required for the project;
• nominate an authorised representative empowered to give instructions, approvals and sign-offs;
• provide timely feedback, decisions and approvals at agreed review points;
• procure and maintain any third-party licences, subscriptions, accounts, hosting or developer-programme memberships required for the project;
• provide any necessary access to systems, environments, test data and credentials, and promptly revoke access when no longer required;
• ensure it holds all rights and permissions necessary for materials it supplies, and that their use does not infringe third-party rights or data protection law.

13Change control

Either party may request a change to the agreed scope, specification, timescales or deliverables. A change request is assessed by the Company and, where accepted, confirmed in writing setting out the effect on scope, timescales and price.

No change is binding until confirmed in writing by both parties. The Company is not obliged to carry out work outside the agreed scope, and is not in breach for declining to do so.

14Timescales

Timescales are estimates based on the agreed scope and on the client meeting its responsibilities under section 12, unless a specific date is expressly stated to be binding in a signed contract.

The Company works against agreed project milestones and communicates early where a delivery risk appears. Delivery dates depend on confirmed scope, client feedback, third-party services and change requests.

15Charges and payment

Charges are as set out in the applicable quote or contract, and may be on a fixed-price, time-and-materials, milestone or retainer basis. Unless stated otherwise, charges exclude third-party costs, licences, subscriptions and expenses, which are recharged at cost.

Invoices are payable within the period stated on the invoice or, if none is stated, within 14 days of the invoice date. Payment shall be made in full and in cleared funds, without set-off, counterclaim or deduction except as required by law.

16Deposits and staged payments

An engagement may require an advance payment or payments linked to milestones, as set out in the applicable quote or contract. Where a deposit is stated to be non-refundable, it reflects work reserved and preparatory effort committed, and the Company will on request provide a reasonable account of costs incurred.

17Acceptance and validation

Deliverables are submitted for review in accordance with the acceptance procedure in the applicable contract. Unless another period is agreed, the client has 10 business days from delivery to notify the Company in writing of any material non-conformity with the agreed specification.

The Company will remedy notified non-conformities within a reasonable period at no additional charge. A deliverable is deemed accepted when the client confirms acceptance, fails to notify a non-conformity within the review period, or uses the deliverable in live operation.

Requests that go beyond the agreed specification are change requests, not defects, and are handled under section 13.

18Warranties

The Company warrants that services will be performed with reasonable care and skill, in accordance with section 13 of the Supply of Goods and Services Act 1982, and by personnel with appropriate skills and experience.

Except as expressly stated in these terms or in the applicable contract, and to the fullest extent permitted by law, all other warranties, conditions and terms implied by statute or common law are excluded. In particular, the Company does not warrant that software will be free from all defects, will operate uninterrupted, or will be compatible with future versions of third-party platforms outside the agreed scope.

19Maintenance and support

Maintenance and support are not automatically included following delivery. Where agreed, they are provided under a separate arrangement setting out the services covered, response expectations and charges.

Support does not include unlimited work, new feature development, or the correction of issues caused by third-party changes, client modifications, misuse or matters outside the Company's control, unless expressly agreed.

20Third-party services and platforms

Projects may rely on third-party services selected with the client or already used by the client, including hosting, payment providers, APIs, identity providers, app stores and other platforms.

Such services are provided on their own terms, over which the Company has no control. The Company is not responsible for their availability, performance, pricing, policy changes, discontinuation, or for any review, approval or moderation decision made by a platform operator. Approval, listing or continued availability on any app store or platform is never guaranteed.

21Intellectual property in deliverables

Unless otherwise agreed in a written contract, intellectual property rights, source-code ownership, licences, usage rights and transfer conditions are defined in the applicable quote, service agreement or project contract before development starts. Transfer of rights to the client is not assumed by default.

Where rights are assigned, assignment takes effect only upon payment in full of all sums due in respect of the relevant deliverables. Until then, the client has a non-exclusive, non-transferable licence to use the deliverables for internal evaluation and testing only.

Pre-existing and generic materials

The Company retains ownership of tools, libraries, frameworks, methodologies, know-how and generic components created before or independently of the engagement, and grants the client a non-exclusive, perpetual, royalty-free licence to use them to the extent embedded in the deliverables.

Open-source components

Deliverables may incorporate open-source components licensed by their respective authors. Such components are supplied subject to their own licence terms, which take precedence over this section in respect of those components, and the Company will identify material components on request.

22Portfolio and anonymised references

The Company may present anonymised descriptions of completed work, without disclosing client names, confidential information, personal data or business-sensitive details, unless otherwise agreed in writing.

Use of a client's name, logo or an identifiable description requires the client's prior written consent, which may be withdrawn for future publication on reasonable notice.

23Confidentiality

Each party shall keep confidential all non-public information disclosed by the other in connection with an engagement, use it only for the purposes of the engagement, and disclose it only to those personnel and advisers who need it and who are bound by equivalent obligations.

These obligations do not apply to information that is or becomes public through no breach, was lawfully known before disclosure, is independently developed, or must be disclosed by law, court order or regulatory authority — in which case the disclosing party shall, where lawful, give prior notice.

Confidentiality obligations survive termination for a period of five years, and indefinitely in respect of trade secrets.

24Data protection

Each party shall comply with the UK GDPR, the Data Protection Act 2018 and other applicable data protection law.

Where the Company processes personal data on behalf of the client in the course of an engagement, the client is the controller and the Company is the processor, and the parties shall enter into a written data processing agreement containing the provisions required by Article 28 of the UK GDPR, covering subject matter, duration, nature and purpose, categories of data and data subjects, sub-processing, security, assistance, breach notification, audit and deletion or return of data.

Personal data submitted through this website is handled as described in the Privacy Policy.

25Security and backups

The Company applies reasonable technical measures to protect project code and materials during development.

Responsibility for production infrastructure, environments, monitoring, backup frequency, retention and disaster recovery rests with the party identified in the applicable contract, and depends on the hosting arrangements chosen for the project. No specific level of uptime, recovery point or backup frequency is warranted unless expressly stated in a signed contract or service-level agreement.

The client is responsible for maintaining its own backups of its data unless a backup service is expressly included in scope.

26Limitation of liability

Subject to the paragraph above, and to the reasonableness requirement of the Unfair Contract Terms Act 1977:

• the Company is not liable for loss of profit, loss of revenue, loss of anticipated savings, loss of business or contracts, loss of goodwill, loss or corruption of data (except to the extent caused by the Company's breach of its security obligations), or for any indirect or consequential loss, however arising;
• the Company's total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the total charges paid by the client to the Company under that engagement in the 12 months preceding the event giving rise to the claim;
• the Company gives no warranty and accepts no liability in respect of specific business outcomes, revenue, ranking, conversion, approval by any third-party platform, or performance improvements, none of which are guaranteed.

The parties agree that these limitations are reasonable having regard to the charges payable and the availability of insurance to the client.

27Indemnity

The client shall indemnify the Company against all liabilities, costs and reasonable expenses arising from any claim that materials, content, data or instructions supplied by the client infringe the intellectual property or other rights of a third party, or breach applicable law, save to the extent caused by the Company's breach of these terms.

28Force majeure

Neither party is liable for any delay or failure to perform its obligations (other than an obligation to pay) caused by an event beyond its reasonable control, including act of God, war, terrorism, civil disorder, epidemic, industrial action, failure of utilities, failure of telecommunications or internet infrastructure, cyber-attack, or the act or omission of a government or regulator.

The affected party shall notify the other promptly. If the event continues for more than 60 days, either party may terminate the affected engagement on written notice, without liability except for sums due for work already performed.

29Suspension and termination

Either party may terminate an engagement on 30 days' written notice, unless the applicable contract provides otherwise.

Either party may terminate immediately on written notice if the other commits a material breach that is not remedied within 14 days of written notice requiring remedy, or becomes insolvent, enters administration or liquidation, has a receiver appointed, or ceases or threatens to cease to carry on business.

On termination: the client shall pay for all work performed and costs committed up to the date of termination; each party shall return or destroy the other's confidential information on request; and any licence granted to the client in respect of unpaid deliverables terminates. Sections concerning confidentiality, intellectual property, data protection, limitation of liability, indemnity and governing law survive termination.

30Non-solicitation

During an engagement and for six months afterwards, neither party shall knowingly solicit for employment or engagement any individual materially involved in the delivery of the project on the other party's side, except through a general public recruitment campaign not specifically targeted at that individual, or with the other party's prior written consent.

31Anti-bribery and compliance

Each party shall comply with applicable anti-bribery and anti-corruption legislation, including the Bribery Act 2010, and shall not engage in any activity that would constitute an offence under that Act.

Each party shall comply with applicable sanctions and export-control requirements relevant to the provision or receipt of the services.

32Subcontracting and assignment

The Company may engage subcontractors or specialist suppliers in the performance of an engagement, and remains responsible for their work as if performed by the Company.

Neither party may assign or transfer its rights or obligations without the other's prior written consent, except that either party may assign to a successor in connection with a sale or reorganisation of substantially the whole of its business, on written notice.

33General provisions

Entire agreement

The agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations and understandings. Each party acknowledges that it has not relied on any statement not expressly set out in the agreement, save that nothing limits liability for fraudulent misrepresentation.

Third-party rights

A person who is not a party to the agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

No partnership or agency

Nothing in these terms creates a partnership, joint venture, agency or employment relationship between the parties.

Severance

If any provision is held invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid, or if that is not possible, deemed deleted; the remainder of the agreement continues in force.

Waiver

No failure or delay in exercising a right constitutes a waiver of that right, and no single or partial exercise prevents further exercise.

Notices

Notices shall be given in writing to the addresses stated in the applicable contract or, in the case of the Company, to its registered office or to the contact email in section 35. Notice by email is effective on the next business day after transmission, provided no delivery failure is received.

Variation

These terms may be updated from time to time; the version published on this website at the date a contract is formed applies to that contract. Variation of a concluded contract requires written agreement between the parties.

34Governing law and jurisdiction

These Terms are governed by the laws of England and Wales.

The parties shall first seek to resolve any dispute amicably through discussion between senior representatives. If the dispute is not resolved within 30 days, the parties may by agreement refer it to mediation before commencing proceedings; nothing in this section prevents either party from seeking urgent injunctive or interim relief.

Subject to the above, the courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or their subject matter.

35Contact

Questions about these Terms may be sent to:

MURTWEB LTD
29 Buckingham Court, Wakefield, West Yorkshire, United Kingdom, WF1 5EN
contact@murtweb.com  ·  +44 7458 148578
Website: https://murtweb.com/