Terms & Conditions
In this agreement the terms have the following meanings:
“Customer” means any person, company, partnership, organisation or body at whose application; MEDIA SOLUTIONS LIMITED agrees to provide the Services under the terms of the agreement.
“Agreement” means the contract between MEDIA SOLUTIONS LIMITED and the Customer to which these conditions will apply.
“Order” is the request by the Customer for Services in the form of a printed order or other form of agreement.
“Services” means the design of a Website to the Customer specification as notified on the Order.
2.1 MEDIA SOLUTIONS LIMITED accepts payment by cheque (payable to "MEDIA SOLUTIONS"), Visa, MasterCard, Delta or Switch (although we reserve the right to decline payment in any of these forms without notice to you). Without limitation, MEDIA SOLUTIONS does not accept payment by Diners Club or American Express card. MEDIA SOLUTIONS LIMITED reserves the right to withdraw any payment methods at any time and to vary its prices without notice to you.
2.2 A non-refundable deposit of 50% of the quotation fee is due with order, unless otherwise agreed. On completion of the site the Customer will receive an invoice for the remaining 50% plus any additional fees for services mutually agreed after placing the initial Order. This will be due for payment strictly within 7 days of submission. Websites will not be transferred to the permanent server until full payment has been received.
2.3 A cancellation fee may be charged if the Customer cancels the Service prior to completion. The fee will be equal to the amount of work completed at the point of cancellation.
2.4 If you do not pay the invoice within three weeks after the due date, MEDIA SOLUTIONS is liable to take actions involving debt collectors or court action.
2.5 MEDIA SOLUTIONS is liable to add 1% of the cost per day on every day that passes the payment due date.
3. Limitations of Liability
3.1 MEDIA SOLUTIONS LIMITED will use reasonable skill and care in providing the Service. However, we make no representation and exclude any warranty, express or implied, as to the availability, quality, accuracy, timeliness, completeness, performance or fitness of the Service.
3.2 MEDIA SOLUTIONS LIMITED hereby excludes itself, its Employees and or Agents from: all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. This is whether the loss or damage results from negligence or otherwise.
3.3 Except in the event of death or personal injury caused by our negligent acts or omissions, we shall not be liable in any way for any damages arising in contract, tort or otherwise in respect of loss or damage arising out of or in connection with this Agreement or operation of the Service. In no event will we be liable for any direct, indirect or consequential damages in contract or tort, including loss of profit, loss or damage to property or relating to claims made by third parties.
3.4 MEDIA SOLUTIONS LIMITED cannot make guarantees of service on behalf of third party organisations and will not be held liable for the failure in any service provided by third parties.
3.5 Any web page, design or entire site designed by MEDIA SOLUTIONS LIMITED carries a copyright, and cannot be reproduced without the written consent of MEDIA SOLUTIONS LIMITED. The placing of an order by the Customer or other person/Agency on behalf of the Customer constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the website. The Customer must indemnify MEDIA SOLUTIONS LIMITED in respect of all actions; proceedings; costs demands and claims arising from any such breach.
4.1 On completion of the Service, the website will be uploaded to the Customer area of MEDIA SOLUTIONS’s server for approval. Upon approval by the Customer, the website will be uploaded to the Customer's server. Where the Customer's site is being hosted by a third party, MEDIA SOLUTIONS reserve the right to delay uploading of the website until full payment has been received.
5.1 MEDIA SOLUTIONS LIMITED will aim to complete all services within the agreed timescale. The timescale will commence on receipt of both the 50% deposit and all website content from the Customer. MEDIA SOLUTIONS LIMITED may need to extend any timescales due to circumstances beyond our control or any additional work load requested by the customer.
6. Governing Law and Jurisdiction
6.1 The placing of an order will confirm acceptance of these conditions which are attached to the Order.
6.2 These terms shall be governed by and interpreted in accordance with English Law. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
In the event any one or more of the provisions of this Agreement and/or Order shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order shall be unimpaired and the Agreement and/or Order 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.
If the customer choses to cancel the website during the development stages of the website, the customer will be invoiced for the work carried out up-to-date. This fee is non-avoidable.