Terms & Conditions
These terms are applicable for all commissions. Additional terms relating to hosting may be applicable and may be obtained separately
Definitions
“You” and “Your” identifies MyDigitalMedia’s customer and/or a representative thereof, to whom a product or service is provided. “Us” identifies MyDigitalMedia and/or its employees and authorised representatives.
“Work Order” is an official document which includes an outline of the products or services that MyDigitalMedia will provide.
“Project” is piece of work created by MyDigitalMedia for You.
“Content” is the text and images that are unique to each page. Content may be provided by You or another 3rd-party.
All services provided by MyDigitalMedia to You are subject to the following terms and conditions, these conditions are subject to change at any time without notice, the latest copy of which will be displayed on Our Website.
Terms
1. Acceptance
By completing a Work Order, You indicate You have read, agree to, and accept, these terms and conditions. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions, a copy of which is available via our website.
2. Charges
Charges for services to be provided to You by MyDigitalMedia are defined in the Project quote, a copy of which can be provided via e-mail, post or through Our Website. Although a price is defined in the Work Order only a quote will be accepted as agreed Project costs at the outset. Quotations are valid until the date specified on each individual quote; every care will be taken to ensure that the timescales for the quote are reasonable so as to allow You to make an educated decision. MyDigitalMedia reserves the right to alter or withdraw the quotation after the expiry date.
All design and consultancy services require a minimum deposit of 20% before any work will commence. MyDigitalMedia reserves the right to waiver this amount. Any remaining balance will be payable within 30 days of the project unless agreed in writing prior to the commencement of the Project.
Payment can be made by one of the following methods:
· Cash
· Cheque
· Credit/debit card
Cash payments should be made in person by You to Us and should not be passed via any other 3rd parties. Payments by cash will not be accepted from anyone other than You.
Cheque payments should be made payable to ‘MyDigitalMedia’ and sent to:
6 Somerford Walk
Widnes
Cheshire
WA8 3EU
Payment via Credit/Debit card can be made via PayPal, details of which are available on request.
3. Customer review
MyDigitalMedia will provide You with the opportunity to review a prototype design of your website before commencing with the actual construction. This does not include the content of the website, but is purely for the purpose of ensuring that the layout and branding is correct. Any changes to the site design will not be included in the agreed quote after this stage and are at MyDigitalMedia’s discretion.
You will have 5 working days to review any prototype and notify Us of any amendments. This process will be repeated, as much as is deemed reasonable, for any revisions as a result of the customer review. Once the prototype has been approved, construction of the website will commence.
On construction of the website, MyDigitalMedia will allow You to review your website before being made publicly accessible. This will provide You with the opportunity to review the Content of the constructed website. You will have 5 working days to review the website and notify Us of any amendments to the content. This process will be repeated, as much as is deemed reasonable, for any revisions as a result of the customer review. Once the website has been approved, it will be made live, and You will be invoiced.
4. Turnaround time and content control
MyDigitalMedia will install and publicly post or supply Your website by the date specified in the Project quote.
In return, You agree to delegate a single individual as a ‘first-point-of-call’ to aid MyDigitalMedia with progressing the commission in a satisfactory and expedient manner.
During the Project, MyDigitalMedia will require You to provide copy and images. You are responsible for ensuring that any copy and images You provide are copyright and royalty free, and that You have the necessary rights to use them on your website.
Any photos used by MyDigitalMedia for design and construction of Your website, may be sourced from an appropriate website. MyDigitalMedia may pay for these services on Your behalf, but unless these have been specifically requested by You, MyDigitalMedia will incur the fees for use.
5. Payment
Invoices will be provided by MyDigitalMedia upon completion of the Project. Invoices are normally sent via e-mail, however a printed copy can be provided on request. Invoices are due within 30 days of completion of the Project, unless agreed in writing before commencement of the Project. Accounts that remain unpaid 30 calendar days after the date of the invoice will be charged 1.5% of the original quote, or £25 per month that the balance is outstanding, whichever is higher. MyDigitalMedia reserves the right to involve a debt recovery agency in the recovery of any unpaid balances. Should any balance remain unpaid after the initial 30 calendar day period, MyDigitalMedia reserves the right to withdraw your website.
6. Default
Accounts unpaid after 30 calendar days after the date of invoice will be considered in default. If You maintain any information or files hosted by MyDigitalMedia, MyDigitalMedia will, at its discretion, remove all such material from its web space. MyDigitalMedia is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve You of the obligation to pay any outstanding balance and/or charges applied to Your account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Your account will immediately be considered to be in default until full payment is received. Your accounts in default agree to pay MyDigitalmedia reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by MyDigitalMedia in enforcing these Terms and Conditions.
7. Termination
Termination of services by You must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of the Project will not be honoured until and unless confirmed in writing. You will be liable only for any deposit paid, which is non-refundable. Any work completed by MyDigitalMedia up to this point will remain the property of MyDigitalMedia and will not be transferred to You under the terms set out for our copyright and intellectual property rights.
8. Legal restrictions
Terms and conditions relating to Your hosting account, if applicable, content and usage, may be found online. MyDigitalMedia will not be held liable for any loss or damages incurred through the Project that MyDigitalMedia has produced for You. The work has been produced “as-is” with no further warranties or guarantees. MyDigitalMedia accepts that there may be “bugs”, “flaws” or “errors” in the construction of your website, but reserves the right to refuse to correct these issues after the completion of the Project.
9. Copyright and intellectual property rights
Until completion of the Project, MyDigitalMedia holds all copyright and intellectual property rights. Anything produced throughout the project cannot and must not be re-used without prior written permission.
On completion of the Project and payment in full for the amount shown on the quote, plus any default charges (if applicable), MyDigitalMedia hereby transfers the copyright and intellectual property rights of all works produced for the Project to you (with exceptions as outline below). All images will be provided in their original format, allowing for maximum re-use in media such as, but not limited to, letter head, signage and business cards. MyDigitalMedia is not obliged to provide design services for such order work/media, but these services are available on request, for which a separate fee may be chargeable.
During the construction of Your website, some imagery may be sourced from a 3rd party, whether at a cost, or fee free. These images have been obtained for the purpose of use on Your website, and for print and can be used in the same way as all other works produced, however copyright for these items remains with the original copyright owner. A specific list of which items have been sourced from a 3rd party is available on request.
You retain the copyright to data, files and graphic logos provided by You, and grant MyDigitalMedia the rights to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You are further responsible for granting MyDigitalMedia permission and rights for use of the same and agrees to indemnify and hold harmless MyDigitalMedia from any and all claims resulting from Your negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by You to MyDigitalMedia that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Standard media delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by You in electronic format (delivered on disc, via e-mail or FTP). Although every reasonable attempt shall be made by MyDigitalMedia to return to You any images or printed material provided for use in creation of the Your website, such return cannot be guaranteed.
11. Design credit
A link to MyDigitalMedia will appear in either small type or by a small graphic at the bottom of Your website. If a graphic is used, it will be designed to fit in with the overall site design.
12. Access requirements
If Your website is to be installed on a third-party server, MyDigitalMedia must be granted temporary read/write access to Your storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
13. Post-placement alterations
MyDigitalMedia cannot accept responsibility for any alterations caused by a 3rd-party occurring to Your pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
14. Domain names
MyDigitalMedia may purchase domain names on Your behalf. Payment and renewal of those domain names is Your responsibility. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of MyDigitalMedia. You should keep a record of the due dates for payment to ensure that payment is received in good time.
15. General
These terms and conditions supersede all previous representations, understandings or agreements. Your completion of a work order or payment of a deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
16. Governing law
This Agreement shall be governed by English Law.