Terms & Conditions

All services provided by This Is Media to the Client are subject to the following terms and conditions.

Definitions:

This Is Media: Primary designer/site owner & employees or affiliates.
The Client: The company or individual requesting the services of This Is Media.

1 - Acceptance. All and any business undertaken by This Is Media is accepted subject to these terms and conditions, all of which shall be incorporated into any agreement between This Is Media and the Client. Additional terms and conditions may apply to certain services provided by This Is Media.

2 - Charges. The project quotation that the Client receives defines the charges for services provided by This Is Media. Quotations are valid for a period of 30 days. This Is Media reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

3 - Payment Terms. Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty percent of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web design work does not cover the release of source png or fla files; if the Client requires these files, they will be subject to a separate quotation.

Payment for services is can be made BACS, cheque, bank transfer or credit card. Cheques should be made payable to This Is Media and sent to 17 Prime Parkway, Mansfield Road, Derby DE1 3QB. Bank details will be made available on invoices.

4 - Changes to Project Requirements. Changes in requirements during the design process may incur additional costs, and as such This Is Media reserves the right to charge for any additional work requested.

5 - Client Review. This Is Media will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies This Is Media otherwise within fourteen (14) days of the date the materials are made available to the Client.

6 - Payment. Invoices will be provided by This Is Media upon completion of the work for Web Design and any associated services. Invoices are due upon receipt. With accounts that remain unpaid, This Is Media reserve the right to charge interest at the current interbank rate on any outstanding balances overdue for payment.

7 - Default. Accounts unpaid thirty days after the date of invoice will be considered in default. If the Client in default maintains any information or files on This Is Media's Web space, This Is Media will, at its discretion, remove all such material from its web space. This Is Media is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will be assessed a return charge of £25 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay This Is Media reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by This Is Media in enforcing these Terms and Conditions.

8 - Termination. Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty days.

9 - Legal Restrictions. All hosting services provided by This Is Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom, United States Federal, State or City, or any International laws is prohibited.

10 - Copyright. The Client retains the copyright to data, files and any graphics provided by the Client, and grants This Is Media the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting This Is Media permission and rights for use of the same and agrees to indemnify and hold harmless This Is Media from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to This Is Media that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

11 - Design Credit. A link to This Is Media will appear in either small type or as a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. Clients may request that the design credit be removed.

12 - Access Requirements. If the Client's website is to be installed on a third-party server, This Is Media must be granted temporary read/write access to the Client's storage directories which 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. This Is Media cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

14 - Governing Law. This Agreement shall be governed by English Law. English Courts shall determine any dispute that may arise between the parties concerning the Agreement and the parties hereby submit to the exclusive jurisdiction of the English Courts for such purpose.

15 - Liability. This Is Media hereby excludes itself, its Employees and or Agents from all and any liability from:

- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to clients' artwork/photos, supplied for the site, whether the loss or damage results from negligence or otherwise.

The entire liability of This Is Media to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

16 - Severability. In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.