Please ensure that you have read and understand all the terms and conditions listed below.
1. CONTRACT
The client’s approval for work to commence is deemed as a contractual agreement between the client and UA Media.
Important: Approval for the work to commence and payment of the advance fee agreed indicates that the client accepts all terms and conditions outlined in this document.
2. COPYRIGHT
UA Media will hold intellectual copyright of any material, including any source code and original images created for the client until payment of the final invoice. Once payment of the final invoice has been received intellectual copyright will be passed on to the client.
3. CLIENTS RESPONSIBILITIES IN REGARDS TO COPYRIGHT
In situations where the client provides images, text, animations or any other content for their website it is the clients legal responsibility to ensure the materials used do not infringe any copyright.
Certain images provided by UA Media in the construction of the website may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
4. REGISTRATION CHARGES
The cost of registration of domain names from third party sites shall be met by the client at all times. UA Media recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request without charge. This agreement assumes that there are no monies owing to UA Media.
5. SEARCH ENGINE PROMOTION
UA Media are not responsible for the client’s on-going web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed to. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity.
6. CANCELLATION
Should the client wish to cancel their project at any point during the process they shall remain liable for all work, which has already taken place and shall be invoiced accordingly.
7. CONCEPTUALISING
Conceptualising is the process of producing website concepts for clients. Concepts can include site mock-ups, graphics and design proposals. For higher cost websites this will be included but for low cost sites (below £1000) please bear in mind that unless previously agreed, only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately but if it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
8. FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT
UA Media is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this. We will assume your content has been proof read and is accurate. Should you require us to proofread supplied content, we can arrange this and apply the appropriate fee.
9. QUOTATIONS
The price quoted to the client is for the work agreed on the quotation only. Should the client decide changes are required after work on the website commences, then we will accept these changes with the provision that additional charges may have to be negotiated.
10. ADVANCE PAYMENT
An advance of 50% of the total cost of the agreed project cost is required before work can commence. After work commences this payment is non-refundable.
11. PAYMENT
Payment of any balance will be due within 14 days of final invoice date. Once payment has been received full publication of the website can be processed. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of £50 will be required to have the site restored.
12. PAYMENT TERMS
Payment is currently accepted by BACS, cheque or bankers draft in UK Pounds Sterling, unless otherwise agreed. If your cheque is returned by the bank as unpaid, you will be liable for a “returned cheque” charge of £25.
13. LATE PAYMENT
Accounts which have not been settled within 7 days of our final reminder will incur a late payment charge of 10% of the amount which is outstanding. You will also be charged statutory interest of 8% above the reference rate (fixed for the six month period within which date the invoices became overdue) pursuant to the late payment legislation.
14. TRAVEL TIME AND EXPENSES
Travelling time to and from customer premises is not generally included in our estimate. UA Media reserve the right to make a charge for travelling time at our normal consultancy rates. Likewise UA Media reserve the right to charge for travelling expenses based on 40p per mile. (NOTE: There will be no charges for travelling time or expenses incurred before you give your approval for work to commence and a deposit is paid.)
15. FUTURE SUPPORT
The website is provided to and accepted by the client as a fully functioning, completed work. UA Media is not responsible for future support. This support can normally be provided upon request and for an agreed fee. Guaranteed future support is given only once an ongoing support package has been negotiated.
16. FUTURE SITE PROBLEMS
Unfortunately malicious software, spyware, viruses and website hacking are all part of the Internet. It is highly unlikely that these will affect your website. UA Media will endeavour to protect it from this as much as we can during its creation. We cannot be held responsible for problems that develop on completed sites as a result of illegal activity.
17. COMPLIANCE WITH E-COMMERCE, ACCESSIBILITY AND OTHER REGULATIONS
UA Media design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, e-commerce or those related to a specific business or trade. We can research this on the client’s behalf if required, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.
18. HOSTING
UA Media cannot take any responsibility for the time your website may be offline whilst routine server maintenance is undertaken.
Notes: Should you waive any of these terms on an individual basis, this will not affect the validity of remaining clauses or commit to waive the same clause on any other occasion.
By agreeing to these terms and conditions your statutory rights are not affected.
UA Media reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required please contact us.