Terms and Conditions

This document sets out the detailed terms and conditions governing the relationship between Mobas Ltd (“Mobas”) and its customers (“Client”). These terms apply to all services provided by Mobas unless otherwise stated in a signed agreement.

1. General Terms

1.1 Governing Law

This agreement is governed by the laws of England and Wales. Disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

1.2 Parties Involved

The agreement is entered into between Mobas Ltd, registered in England and Wales, and the Client named in the corresponding estimate or proposal.

1.3 Agreement Duration

The agreement is effective from the date of acceptance of the estimate or proposal and remains in force until the project is completed, unless terminated earlier in accordance with these terms.

1.4 Scope of Services

Details of services will be outlined in the estimate or proposal provided to the Client. Mobas commits to using reasonable endeavours to meet agreed timelines and deliver quality services, but timelines may be affected by Client delays or other unforeseen circumstances.

1.5 Client Responsibilities

The Client agrees to:

  • Provide accurate and complete information necessary for the completion of services.
  • Supply all required content, resources, and approvals promptly.
  • Ensure timely payments in accordance with the agreed terms.

2. Payment Terms

2.1 Fees and Invoicing

  • Fees for services will be specified in the estimate or proposal provided to the Client.
  • Invoices will be issued upon completion of milestones or as specified in the agreement.
  • Payment is due within 30 days of the invoice date unless otherwise agreed in writing.

2.2 Late Payments

  • Late payments will incur interest at 3% above the Bank of England base rate.
  • Mobas reserves the right to suspend services if payments are overdue by more than 14 days.

2.3 Ownership of Deliverables

Ownership of goods and services remains with Mobas until payment is received in full. Mobas retains the right to withhold delivery of final outputs pending full payment.

2.4 Acceptance of Terms

Approval of estimates or proposals constitutes acceptance of these terms and conditions.

3. Confidentiality

3.1 Mutual Confidentiality

Both parties agree to:

  • Maintain the confidentiality of all proprietary or sensitive information shared during the course of the agreement.
  • Use such information only for the purposes of fulfilling the agreement.

3.2 Permitted Disclosures

Disclosure of confidential information is permitted only:

  • To authorised personnel involved in the project.
  • Where required by law or regulatory obligations.

4. Copyright

Where works of advertising, photography, artwork, or design have been commissioned, the parties agree that copyright and design rights in all work carried out are retained by Mobas. Where any such material has been supplied to the Client for its use, the parties agree it shall only be used for the purposes authorised by Mobas. Once Mobas has received payment in cleared funds, the Client shall have the non-exclusive right to use, reproduce, and publish the work carried out by Mobas for the authorised purposes.

5. Data Protection

5.1 Compliance

Mobas complies with all relevant UK data protection laws, including GDPR and the Data Protection Act 2018. Personal data will be collected, processed, and stored only as necessary to deliver services and fulfil legal obligations.

5.2 Security Measures

Mobas employs robust security measures to safeguard personal data, including:

  • Secure storage and encryption of sensitive information.
  • Timely deletion of data when no longer required.

5.3 Assistance with Rights

Mobas will assist the Client in fulfilling data subject rights, such as access requests or data rectification, as required by law.

6. Limitation of Liability

6.1 Liability Cap

Mobas’ total liability is capped at £10,000 unless otherwise specified in a signed Standard Terms of Business (STOB).

6.2 Exclusions

Mobas is not liable for:

  • Indirect or consequential losses.
  • Losses arising from delays caused by the Client’s failure to provide necessary resources or approvals.

6.3 Exceptions

Liability exclusions do not apply in cases of fraud, gross negligence, or other liabilities that cannot be legally excluded.

7. Force Majeure

Mobas is not liable for delays or failure to fulfil obligations due to events beyond its reasonable control, including but not limited to natural disasters, strikes, or governmental actions.

8. Service-Specific Terms

8.1 Website Development

  • Custom Solutions: Mobas provides tailored websites with responsive designs, SEO optimisation, and e-commerce functionality.
  • Content Requirements: The Client must supply necessary content, including text, images, and branding assets, as outlined in the proposal unless specified as part of the project scope.
  • Testing and Launch: Websites undergo internal and acceptance testing prior to launch. Once user acceptance testing is completed and approved by the Client, the website will be put live. Any further amendments after going live will be charged separately.
  • Ownership: Website ownership transfers to the Client upon final payment.
  • Browser and Device compatibility: Mobas ensures that all websites are tested on mainstream browsers (e.g., Chrome, Firefox, Safari, Edge) and devices, covering the most recent version and the previous version of each browser.

8.2 Support and Maintenance

  • Scope: Includes software updates, security patches, and performance monitoring. Additional services are billed separately.
  • Incident Reporting: Clients must report incidents promptly, providing sufficient detail for resolution.
  • Backups: Daily backups are maintained for a rolling 30-day period.
  • Warranty: Mobas provides an 8-week warranty for bug fixes following the launch or delivery of a project.
  • Response Time: Mobas will respond to support requests as quickly as possible and use best endeavours to deliver its work unless a separate SLA specifies response and delivery times.

8.3 Hosting

  • Performance: Hosting services include a 99.5% uptime guarantee, excluding planned maintenance.
  • Compensation: Service credits are provided for excessive downtime beyond agreed thresholds.

8.4 Digital Marketing Services

  • SEO Strategy: Mobas provides comprehensive on-page and off-page optimisation, including keyword research, technical audits, and content adjustments to enhance search engine visibility.
  • Paid Advertising: Management and optimisation of campaigns across platforms such as Google Ads, Bing Ads, Facebook, LinkedIn, and other digital networks. Services include A/B testing, performance monitoring, and continuous campaign refinement.
  • Social Media Management: Creation and management of social media strategies, including content planning, audience engagement, and analytics reporting for platforms such as Instagram, Twitter, and TikTok.
  • Analytics and Reporting: Detailed performance tracking and reporting to measure campaign effectiveness, including conversion rates, ROI, and audience engagement metrics. Actionable insights are provided to refine ongoing strategies.
  • Email Marketing: Design, distribution, and optimisation of email campaigns, including automation, audience segmentation, and performance analysis.
  • Content Creation: High-quality, original content tailored to the Client’s target audience, including blogs, articles, videos, infographics, and multimedia assets designed to drive engagement and conversions.
  • Performance Reviews: Regularly scheduled meetings or updates to review digital marketing performance and adjust strategies to meet evolving business goals.
  • Third-Party Costs: Any costs for tools, ad spend, or subscriptions are passed on to the Client and require prior approval.

8.5 Creative and Design Services

  • Revisions: Two rounds of revisions are included in all design and creative work. Additional revisions beyond the two rounds will incur extra charges.
  • Portfolio Rights: Mobas retains the right to showcase completed work unless agreed otherwise in writing.
  • Brand Development: Creation of brand identities, including logos, colour schemes, typography, and style guidelines.
  • Marketing Collateral: Includes the design and production of brochures, advertisements, and promotional materials.

8.6 Strategic Advice

  • Scope: Mobas provides expert guidance on business and marketing strategies tailored to the Client’s objectives and market conditions.
  • Deliverables: Strategic recommendations are provided in the form of presentations, reports, or actionable plans.
  • Follow-Up: Support for implementation or further consultation is available upon request and may be subject to additional charges.

8.7 Brand Strategy

  • Development: Comprehensive brand audits, positioning strategies, and identity creation to align with the Client’s goals.
  • Deliverables: Includes brand guidelines, tone of voice documentation, and visual identity assets.
  • Support: Ongoing brand consistency monitoring and advice are available upon request.

8.8 Advertising and Media Buying

  • Media Planning: Strategic allocation of budgets across digital, print, and broadcast channels to maximise ROI.
  • Creative Development: Design and production of compelling advertisements aligned with campaign objectives.
  • Reporting: Detailed analytics on campaign performance with recommendations for optimisation.
  • Third-Party Costs: All third-party advertising costs are billed to the Client and require prior approval.

8.9 Market Research

  • Scope: Mobas conducts qualitative and quantitative research to gain insights into the Client’s target audience, competitors, and market trends.
  • Deliverables: Findings are presented in detailed reports, including actionable insights and recommendations.
  • Confidentiality: All research data is treated as confidential and will only be shared with the Client and authorised parties.
  • Client Cooperation: The Client is responsible for providing access to necessary data or participants where applicable.

8.10 Purchases (Media, Print and Other)

If Mobas is purchasing goods or services on behalf of the Client, including but not limited to media and print, Mobas may apply a markup on the purchase price. This markup covers risk as well as administrative and handling costs associated with procurement.

9. Marketing and Portfolio Rights

9.1 Portfolio Rights

Mobas may showcase completed work in its portfolio and marketing materials. The Client may request exclusions in writing, and Mobas will make reasonable efforts to comply.

9.2 Public Use

Completed work may be featured in Mobas’ case studies, presentations, or social media channels.

10. Use of Freelancers and Contractors

Mobas reserves the right to use freelancers and contractors to fulfil project requirements without prior consent from the Client. All freelancers and contractors engaged by Mobas will:

  • Sign confidentiality agreements to protect sensitive information.
  • Adhere to best practices in data protection and security.


11. Termination


11.1 Grounds for Termination

Either party may terminate the agreement:

  • For breach of terms, if the breach is not remedied within 14 days of written notice.
  • By mutual agreement.

11.2 Consequences of Termination

Upon termination:

  • The Client must pay for all work completed up to the termination date.
  • Mobas will deliver any agreed outputs upon receipt of full payment.


12. Compliance and Intellectual Property Rights


12.1 Compliance with Laws

It is the responsibility of the Client to ensure that the Materials comply with all laws, regulations, and codes in all countries where the Materials are used. The Client agrees to indemnify Mobas against any costs arising from the use or misuse of the Materials.

12.2 Third-Party Materials

Third-party materials, such as imagery, used in the Materials may be subject to usage liabilities such as royalties and licence fees. Mobas shall procure such licences as necessary for the use of third-party materials within the scope of the Quote. The Client should obtain written consent from Mobas for use of any part of the deliverables outside the scope of the Quote.

13. Contact Information

For questions or clarifications regarding these terms, please contact Mobas Ltd via email or telephone as provided in our official communications.