Terms & Conditions
Force Majeure: M P Digitek shall not be liable for any delay or failure in performance of its obligations under this agreement which is due to or results from any circumstances beyond its reasonable control. In any such event M P Digitek
shall be entitled to delay or cancel delivery of the Service.
The Customer may not sub-license, assign, transfer or otherwise dispose of its rights under this Agreement or any part of it without the written consent of M P Digitek.
A communication sent by email shall not be effective unless the addressee acknowledges receipt of such communication, such acknowledgement to take the form of a reply email to include the communication being acknowledged.
M P Digitek shall provide a Proposal to the Customer for each project. The Proposal forms part of this agreement. The Customer assumes sole responsibility for ensuring that the Service described in the Proposal meets its requirements before signing the Proposal.
The Customer shall return the signed Proposal by letter or email as described in mail. Upon receipt of this order acknowledgement, a contract shall be created between M P Digitek and the Customer for the supply of the Service. By purchasing the Service, the Customer acknowledges that they have read these Terms and Conditions, understands them and agrees to be bound by them.
The contract may not be cancelled following order acceptance unless a trial or rejection period has been agreed in advance. At the sole discretion of M P Digitek , a contract may be cancelled either wholly or in part subject to timing, and only once agreement in writing has been notified by email.
The Customer agrees that the ideas, materials and other documents relating to the Service are confidential and all proprietary rights belong to M P Digitek and shall not be used or disclosed except as permitted by this agreement. Once full payment has been made and the deliverables have completed and signed off, the ownership of the rights to the deliverables created will pass to the Customer.
Where the Proposal includes Software created by M P Digitek , M P Digitek retains ownership of all copies of the Software and the Intellectual Property Rights (IPR) therein. The Customer has no rights to the Software or the IPR contained therein.
M P Digitek shall not be liable to the Customer for any loss or damage, costs or expenses (whether direct, indirect, incidental or consequential and whether relating to loss of profit, loss of business, business interruption, loss of data, depletion of goodwill or other such losses), suffered by the Customer which arise out of or in connection with the supply of the Service or their use by the Customer.
Where a payment is required, M P Digitek is not obliged to carry out any work before the payment is received. In the event that any preliminary work is carried out prior to receipt of the payment and the order is then cancelled M P Digitek will invoice the Customer for this work.
M P Digitek reserves the right to change these Terms and Conditions at any time. The most current version of these Terms and Conditions may be found on our website.
When changes are made to the Terms and Conditions a notice shall be placed in our email newsletter. The Customer shall be deemed to have accepted such changes if they have not notified any objections to such changes within one calendar month of the notice.