Terms and Conditions

Terms Applicable To All Services

 

HelloMojito is a trading name of Huude Ltd,

Company number 13444298

Registered office address: 128 City Road, London, United Kingdom, EC1V 2NX. 

For post, please correspondence to our trading address at 7 Bedford House, The Avenue, London, W4 1UD.

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By using our services, you agree to be bound by the following terms and conditions.

We reserve the right to change the Terms and Conditions at any time without notice, and your continued use of our website, services or products constitutes your consent to such changes.

 

1. DESCRIPTION OF SERVICES.

We will provide an ongoing set of online services including website design, copy and editorial development, search engine optimization and website updates as described on the signup page for each specific service.

 

2. LIMITATIONS OF SCOPE.

We will not be responsible for work that is beyond the scope of services set forth in the subscription plan in effect at the time Client initiates the service. Any changes to the scope of services will not be effective unless approved by both parties.

 

3. MANAGEMENT RESPONSIBILITY.

We will provide certain tools, methods and resources to the Client that are intended to help the Client grow and build its business.

However, the Client is fully and exclusively responsible for its own business performance and Client satisfaction. In addition, the Client has full and exclusive responsibility for understanding and ensuring compliance with any regulatory, legal or contractual obligations related to Client’s business, including without limitation, data held by Client and its Clients, the information provided by Client to Clients and/or other third parties and any safeguarding and security measures that may be required. DigiSpaces may participate in implementing needed systems services and functions, but the Client is solely responsible for the final outcomes, actions taken and results produced.

 

4. COPYRIGHT.

All content produced by us within the scope of services including software and web code, contents, graphics and design, or material developed or licensed by us for the Client as part of the Services is copyrighted by us and remains the exclusive property of HelloMojito.

The Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content. In the event HelloMojito ceases business operations and providing the services described in this agreement all our copyrighted content, including software, web code, themes, plug-ins and other files or code used to create the Client website will be restricted and may not be used indefinitely by the Client for their company website, newsletter and other marketing collateral unless otherwise agreed directly with us. The Client does not have any rights to resell, license or otherwise allow 3rd parties use of the content.

 

5. LINK. ​

Customer hereby acknowledges and agrees that HelloMojito shall have the right to use the name of Client, including the Client Web Site, for reference as a customer of our services for referral and marketing purposes.

 

6. TERM/TERMINATION.

Except for reasons of non-performance by either party, this Agreement shall remain in effect until formally terminated in writing by either party. We will start subscription billing to the Client beginning the date (“Renewal Date”) client agrees to these terms of services and it shall automatically renew for subsequent one (1) month periods until it is formally terminated in writing or email. Termination of this Agreement requires written or email notice delivered thirty (30) days prior to the desired date of termination. Failure to provide notice or a repeated failure to make payment by date due during any period gives us the option for immediate termination. Upon the expiration or termination of this Agreement for non-payment or non-performance by client, (i) all licenses granted by us to Client hereunder shall automatically terminate and Client shall immediately cease its use of the licensed content and other provided marketing collateral, and (ii) Client’s right to the Services afforded to HelloMojito Clients shall automatically terminate.

 

7. PAYMENT FOR SERVICES.

Set up fees for website design are paid in full prior to work commencing. Should the client wish to cancel a project at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. Subscription fees for the designer platform, hosting, security, and support are paid in arrears, every month on the date the services are provided. The Client will pay monthly fees to us for a subscription to Services as described in our plan in effect at the time of this agreement and for the license to use the our web services, software and licensed content in conjunction with these services. Payment will be made by automatic credit card or Paypal transactions. Invoices will include monthly subscription fees and any additional fees for elective or other additional Services that have been purchased by the Client. Invoices will be issued and automatic transactions processed on the Renewal Date as described in Section 6 above.

 

8. WARRANTY.

We shall provide the services and meet our obligations under this Agreement in a timely and professional manner, using knowledge and skills consistent with generally acceptable standards in our industry, and will provide a standard of care based on commercially reasonable efforts. The services and all products provided as part of the services are provided “as is” and HelloMojito disclaims, and client waives, any warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty or representation related to the services. HelloMojito does not warrant that the software or any products or services provided hereunder will be uninterrupted or error-free. Under no circumstances, including negligence, shall the Company be liable for any direct, incidental, special or consequential damages or otherwise, including any damages that result from the use of or inability to use the Website. The Company shall not be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

 

9. LIMITATIONS OF LIABILITY.

Except to the extent finally determined to have resulted from the gross negligence or intentional misconduct of HelloMojito, HelloMojito’s liability to pay damages for any losses incurred by the client as a result of a breach of contract, negligence, or other tort committed by HelloMojito, regardless of the theory of liability asserted, is limited to no more than the total amount of the most recent one (1) month of base fees paid under this agreement. In any case, HelloMojito and its licensors will not be liable for lost profits or any consequential, indirect, punitive, exemplary or special damages. In addition, we shall have no liability to the client arising from or relating to any third-party hardware, software, information or materials. HelloMojito is also not liable for direct or indirect damages created by viruses, hackers or other malicious or accidental destruction of systems or data, though we will attempt to prevent or minimize exposure to such risks.

 

10. INDEMNIFICATION. Subject to the provisions hereof, Client shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against HelloMojito and its licensors arising from products or services related to this Agreement. Conversely, we shall indemnify, defend and hold harmless from and against any and all amounts payable under any judgment, verdict, court order or settlement for third party claims brought against Client arising from the gross negligence or intentional misconduct of HelloMojito.