These Terms govern all design, development, marketing and automation services supplied by Moz Digitals. Please read them in full — in particular Section 7 (Fees, Refunds & Chargebacks), which limits when any money is returnable.
These Terms of Service (“Terms”) form a binding agreement between you (“Client”, “you”) and Moz Digitals (“Moz Digitals”, “we”, “us”). They apply when you browse https://mozdigitals.com, submit an enquiry, accept a proposal, or pay an invoice. Where a signed proposal or statement of work conflicts with these Terms, the signed document prevails for that engagement only.
Moz Digitals is a digital agency providing web design, web development, e-commerce builds, mobile application development, branding and graphic design, search engine optimisation, digital marketing, and CRM and marketing-automation implementation (including GoHighLevel).
We provide professional services on a best-efforts basis. We do not sell goods, we do not resell third-party software licences unless expressly stated, and we do not guarantee any particular commercial outcome such as revenue, rankings, traffic volume, conversion rate, funding, or sales.
By engaging us you represent that you are at least 18 years old, that you have legal capacity to enter contracts, and that where you act for a company you are authorised to bind it.
You further represent that all information you supply — including billing details, domain ownership and content you provide — is accurate and lawfully yours to use.
Each engagement is defined by a written proposal or statement of work setting out deliverables, assumptions, exclusions, milestones and price.
Requests that alter agreed scope, structure, platform or design direction after approval of that stage will be quoted as additional work. We are not obliged to begin change-request work until it is approved and, where applicable, paid for.
Delivery depends on your timely cooperation. You agree to:
You are solely responsible for the legality, accuracy and ownership of content you supply. We are entitled to rely on it without independent verification.
Timelines quoted are estimates based on prompt client response and are not of the essence. Dates shift where you are late supplying material or approvals, where scope changes, or where a third party we depend on is delayed.
Where a project is delayed by you for more than fourteen (14) days, we may reallocate the assigned team and reschedule the remaining work to the next available slot. Rescheduling is not a breach by us and does not entitle you to a refund, discount or compensation.
A project with no substantive client response for thirty (30) consecutive days is treated as dormant. A project dormant for sixty (60) consecutive days is deemed completed and delivered as-is. All sums paid become non-refundable in full, outstanding invoices fall due immediately, and resuming work requires a new proposal and a reactivation fee.
Your proposal states the number of revision rounds included at each stage. A revision round is one consolidated set of feedback, delivered in a single response.
Subjective dissatisfaction with an approved stage does not constitute a defect and is not grounds for refund. Taste is not a deliverable; the agreed scope is.
The deposit reserves your production slot, removes that capacity from sale to other clients, and covers discovery, planning and scheduling performed at the start of every engagement. It is non-refundable in all circumstances, including where you change your mind, your funding falls through, your business circumstances change, or you decide not to proceed before any deliverable is issued.
No refund of any kind is available for a project that has been open with us for more than sixty (60) days, measured from the date of deposit payment. This applies regardless of the stage reached, regardless of how much of the delay was caused by awaiting your content or approvals, and regardless of whether the project has launched.
After sixty (60) days the entire contract value is earned and payable in full, and any unpaid balance remains due.
Within the first sixty (60) days, a partial refund of amounts paid — less the non-refundable deposit and less the value of all work performed, third-party costs incurred and time booked — may be considered only where all of the following apply:
Refund requests are assessed on the documented record of work performed. Our determination of the value of work performed is final. Refunds, where granted, are issued to the original payment method within thirty (30) days and are accompanied by immediate termination of all licences granted to you under Section 9.
For the avoidance of doubt, no refund is available where:
Monthly retainers, care plans, hosting and management fees are billed in advance and are non-refundable for the current period. Cancellation requires thirty (30) days' written notice and takes effect at the end of the notice period. Unused hours do not carry over and hold no cash value.
You agree to raise any billing concern with us in writing before contacting your bank or card issuer, and to allow us fourteen (14) days to respond.
Initiating a chargeback, payment reversal or dispute for services that have been delivered, or in circumstances where these Terms provide no refund, is a material breach of this agreement. In that event we may, without further notice:
Nothing in this Section removes any right you have that cannot lawfully be excluded under the mandatory consumer-protection law of your jurisdiction. Where such a right applies, this Section operates to the fullest extent permitted by that law. Where you contract as a business, the exclusions in this Section apply in full.
You may cancel at any time on written notice. On cancellation the deposit is forfeited, all work performed up to the cancellation date becomes immediately payable at our standard rates, and any third-party costs already incurred on your behalf are recharged in full. Deliverables produced but not paid for remain our property.
We may suspend or terminate an engagement where you fail to pay, fail to cooperate, breach these Terms, supply unlawful material, or behave abusively toward our staff. Where we terminate for cause, sums paid are non-refundable and outstanding sums remain due.
Sections 7, 9, 12, 14, 15, 16, 18 and 19 survive termination.
Ownership transfers on full payment, and not before. Until every sum due has cleared, all deliverables, source code, design files and assets remain the exclusive property of Moz Digitals, and any use of them is unlicensed.
On receipt of final payment we assign to you the intellectual property rights in the final deliverables produced specifically for you.
Projects frequently rely on services we do not control — hosting, domain registrars, payment gateways, WordPress, Shopify, GoHighLevel, Google, Meta, plugins and APIs.
We are not responsible for their availability, pricing, policy changes, data handling, deprecations or failures. Subscription fees for such services are your responsibility and are not included in our fees unless expressly stated. Where a third party changes or withdraws functionality, any remedial work is chargeable.
Unless your proposal states otherwise, we correct defects in our own work — functionality not performing as specified in the agreed scope — free of charge for thirty (30) days after delivery.
The warranty period does not cover new features, content changes, design changes, third-party breakages, issues arising from modifications made by you or another party, or problems caused by your hosting environment. Work outside the warranty is billable, or covered by a separate care plan.
Each party will keep the other's non-public information confidential and use it only to perform this agreement. This obligation survives termination.
Where we process personal data on your behalf, we do so in accordance with our Privacy Policy, which forms part of these Terms. You remain the data controller for personal data in systems we build or configure for you, and are responsible for your own privacy notices and lawful basis for processing.
You may not instruct us to build, host or promote anything unlawful, infringing, deceptive, defamatory, adult, hateful, or designed to mislead consumers, and you may not use deliverables for such purposes.
You may not attempt to breach, probe or disrupt this website or our systems, scrape content at scale, or misuse our forms for unsolicited messages. We may refuse or discontinue any engagement on these grounds without refund.
Beyond the express warranty in Section 11, the Service and all deliverables are provided “as is” and “as available”. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
We do not warrant uninterrupted or error-free operation, compatibility with every future browser or device version, or any specific commercial result.
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with an engagement is limited to the total fees actually paid by you for that engagement in the three (3) months preceding the claim.
We are not liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profit, revenue, goodwill, data, business or anticipated savings, however arising.
Nothing in these Terms excludes liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be excluded.
You agree to indemnify and hold harmless Moz Digitals, its officers, employees and contractors against any claim, loss, liability or expense (including reasonable legal fees) arising from content or materials you supplied, your use of the deliverables, your breach of these Terms, or your infringement of a third party's rights.
Neither party is liable for failure or delay caused by events beyond reasonable control, including natural disaster, war, civil unrest, epidemic, strike, utility or internet failure, cyber-attack, government action, or third-party platform outage. Timelines extend accordingly; such events do not create a right to a refund.
Claims must be brought within twelve (12) months of the event giving rise to them, on an individual basis only. Class, collective or representative actions are waived to the extent permitted by law.
These Terms are governed by the laws of the jurisdiction in which Moz Digitals is registered, without regard to conflict-of-law rules. Subject to Section 18, the courts of that jurisdiction have exclusive jurisdiction.
By approving a proposal, paying a deposit, or otherwise engaging Moz Digitals, you confirm that you have read and accepted these Terms — including the non-refundable deposit, the 60-day rule and the chargeback provisions in Section 7.
Questions about these Terms should be sent to [email protected] before you engage us.