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Terms & Conditions |
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(1) Right to Terminate Accounts (2) Invoicing and Payment B) For new accounts 50% of the invoice value must be paid prior to commencement or work, with the remaining 50% payable at the time the site is due for publishing or release unless alternative arrangements have been made. C) Account fees that are due on an annual basis are detailed on the customer's final invoice. D) Payment is due on the 1st of each month at the commencement of each year and is considered late if payment is not received by the following 10th of the same month. For late payments please see Point 2 Note L. E) Payment may be by cheques or cash allowing 7 days to clear in the case of cheques. F) All cheques must be made payable to Mediatwentyone. G) If a customer fails to pay for their service their web site links will be broken and made inaccessible until all payments due and all late fees have been paid. If a customer still fails to pay, their web site will be removed from the server, and legal proceedings started to recover the monies owed. H) If a customer fails to pay an invoice that was initially discounted or charged at cost, then Mediatwentyone reserves the right to credit the original discounted or at cost invoice, and re-issue the invoice at the full cost. The customer will then have 7 days in which to settle the invoice. If this new invoice is not settled within the 7 days, then we reserve the right to charge late payments - please see Point 2 Note L. I) Payment is due strictly 14 days from the date of invoice, unless otherwise agreed prior to the start of any work. J) If the client defaults on payment as agreed and are in receipt of any artwork or software designed, produced and created by Mediatwentyone, we reserve the right of copyright ownership until the account is paid in full. K) If the web site is already online and the client defaults on payment of the final instalment Mediatwentyone or its agents reserve the right to withdraw any hosting services until the account is paid in full L) All accounts must be cleared within 14 days of the invoice date, unless otherwise agreed or stated on the invoice. Failure to pay accounts in full within 21 days of submission of invoice will result in a chargeable daily interest rate and will be back dated from the time of default. The interest charged will be 1.0% per day until the debt has been discharged. If there is a continued failing to pay the outstanding amounts owed, this will lead to legal proceedings being commenced to recover the monies and/or bankruptcy proceedings commenced. Legal proceedings will start no later than 36 days after the due date of the invoice. M) Mediatwentyone are not VAT registered. (3) Service Duration B) A web page will only be publicly released by Mediatwentyone once the customer approves all site and web design as complete and satisfactory and confirms this in writing. C) For the purpose of these terms, a page released within the ten days following the 1st of the month shall be considered as having been released on the 1st day of the month for contract duration purposes. (4) Termination of Service B) When a customer terminates their service, they are entitled to a refund of the value of all unused months left in their account at the time the account is to be closed unless the account is less than 6 months old. See Item 11, Ownership of Web Pages. C) A customer's page may remain active if they wish until the end of the month in which they schedule the termination of their account. (5) Unsuitable/Illegal Information B) Should such a submission occur, the customer will be advised which information was deemed unsuitable, and requested to amend the information. If the customer can show good reason to use the "unsuitable" information it's inclusion may be considered. (6) Errors and Omissions B) If a customer discovers an error on their site, Mediatwentyone will immediately correct the error as soon as we are notified. No charge will be levied for error corrections. C) Mediatwentyone cannot be held liable for loss or damage caused as a result of third party action or failure. (7) Site Maintenance and Support Changes are defined as modifications to existing pages, not the creation of new pages. Changes to a site that require additional pages or graphics fall under New Pages. Normal Maintenance means changes to a web site requiring 2 man hours or less to implement. Major Revisions are changes requiring more than 1 man hour to implement. A software bug is an error, flaw, mistake, failure, or fault in a computer program that prevents it from working as intended, or produces an incorrect result. Bugs arise from mistakes and errors, made by people, in either a program's source code or its design. It is said that there are bugs in all useful computer programs, but well-written programs contain relatively few bugs, and these bugs typically do not prevent the program from performing its task. B) The editing and maintenance of a page that is changed on a monthly basis (a "rotating" page) is considered separate from normal client site maintenance. This page may link back to pre-existing pages, but may spawn no new pages. C) Requests for web site maintenance: D) All developments by Mediatwentyone will carry a 3 month free bug testing period (8) Contracts B) If a site or software requires additional pages, graphics or development, this is in effect a contract change. An amendment will be made to the original contract and once approved become the main contract. C) Additional content which affects the contract will take effect from the 1st of the month after the changes have been made. D) The contract period is for 1 year from the 1st day of the month. (9) Uploading Amendments/Sites (10) Mediatwentyone Links B) Mediatwentyone will insert a reference link by default from their clients page which will be removed should the customer specifically request it. C) Stand alone web sites maintained by Mediatwentyone will have these link buttons inserted by default. The customer may request removal of the buttons; however, if these buttons are removed from the customer's home page, the customer's link on the Mediatwentyone business client page will be removed. (11) Ownership of Pages / Copyright A) The customer must pay all contractual start-up fees and annual fees according to Item 3, Invoicing and Payment. B) The customer must maintain their account in good standing for a period no less than 6 months following the beginning of their duration of service as defined in Item 4, Service Duration. C) Failure to meet either of the two previous conditions results in the surrender of the ownership of the web page copyrights to Mediatwentyone, its successors and assigns. (12) Confidentiality If required, Mediatwentyone will sign and adhere to the conditions of any Confidentiality Agreement used by the client. (13) Hosting 2. Dedicated Hosting supplied by Mediatwentyone. All dedicated hosting plans / servers are for the sole use of the customer supplied. No reselling of the dedicated server or plans contained therein are permitted without the express permission of Mediatwentyone. Any customer found to be reselling webspace on their dedicated server will have the offending domain removed without prior warning. Permission must be sought in writing first. All domains must be owned by the customer of Mediatwentyone. 3. Where a customer wants to resell webspace on their own dedicated server, this intention must be conveyed in writing to Mediatwentyone before the start of the contract. 4. All dedicated hosting plans are based on one year on a rolling monthly contract basis. 5. Payments: First payment is for two months upfront and monthly thereafter. 6. Payment is to be by standing order or direct debit. 7. Cancellation of dedicated hosting must be in writing and must be sent at least one month before termination is required. 8. Either party concerned may terminate the contract giving one months notice. Notice must be given in writing. Verbal comunication will not be acceptable. 9. Mediatwentyone reserve the right to increase monthly costs for dedicated hosting at any time. One months notice will be given of such change by email. (14) Web Site Design 2. Outsourced Images and Written Content (copy): 3. The client is responsible for providing all source content and copy unless otherwise agreed. (15) Web Site Redesign (16) Applicable law and place of jurisdiction We reserve the right to amend these Terms and Conditions without prior notice. |